Jurisdiction; Court Proceedings; Waiver of Jury Trial. Any Action against any party to this Agreement arising out of or in any way relating to this Agreement shall be brought in any federal or state court located in the State of North Dakota in Dxxx County and each of the parties hereby submits to the exclusive jurisdiction of such courts for the purpose of any such Action; provided, that a final judgment in any such Action shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law. Each party irrevocably and unconditionally agrees not to assert (i) any objection which it may ever have to the laying of venue of any such Action in any federal or state court located in the State of North Dakota in Dxxx County, (ii) any claim that any such Action brought in any such court has been brought in an inconvenient forum and (iii) any claim that such court does not have jurisdiction with respect to such Action. To the extent that service of process by mail is permitted by applicable Law, each party irrevocably consents to the service of process in any such Action in such courts by the mailing of such process by registered or certified mail, postage prepaid, at its address for notices provided for herein. Each party irrevocably and unconditionally waives any right to a trial by jury and agrees that any of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and bargained-for agreement among the parties irrevocably to waive its right to trial by jury in any Action.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Quality Distribution Inc), Asset Purchase Agreement (Quality Distribution Inc)
Jurisdiction; Court Proceedings; Waiver of Jury Trial. Any Action Claim against any party Party to this Agreement arising out of or in any way relating to this Agreement shall be brought in any federal the Delaware Court of Chancery in New Castle County, or state court located in the State event (but only in the event) that such court does not have subject matter jurisdiction over such action, the United States District Court for the District of North Dakota in Dxxx County Delaware and each of the parties Parties hereby submits to the exclusive jurisdiction of such courts for the purpose of any such Action; provided, that a Claim. A final judgment in any such Action Claim shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law. Each party irrevocably and unconditionally agrees not to assert (i) any objection which it may ever have to the laying of venue of any such Action in any federal or state court located in the State of North Dakota in Dxxx County, (ii) any claim that any such Action brought in any such court has been brought in an inconvenient forum and (iii) any claim that such court does not have jurisdiction with respect to such Action. To the extent that service of process by mail is permitted by applicable Law, each party Party irrevocably consents to the service of process in any such Action Claim in such courts by the mailing of such process by registered or certified mail, postage prepaid, at its address for notices provided for herein. Each party Party irrevocably agrees not to assert (a) any objection which it may ever have to the laying of venue of any such Claim in the Delaware Court of Chancery in New Castle County, or in the event (but only in the event) that such court does not have subject matter jurisdiction over such action, the United States District Court for the District of Delaware and unconditionally waives (b) any right to a trial by jury and agrees claim that any of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and bargained-for agreement among the parties irrevocably to waive its right to trial by jury such Claim brought in any Action.such court has been brought in an inconvenient
Appears in 2 contracts
Samples: Purchase Agreement, Purchase Agreement (Westway Group, Inc.)
Jurisdiction; Court Proceedings; Waiver of Jury Trial. Any Action suit, action or proceeding against any party to this Agreement such agreement arising out of or in any way relating to this Agreement shall such agreement, any transaction contemplated thereby or any judgment entered by any court in respect of any thereof may be brought in any federal New York State or state Federal court located in the State County of North Dakota in Dxxx County New York and each of the parties such party hereby submits to the exclusive nonexclusive jurisdiction of such courts for the purpose of any such Action; providedsuit, that a final judgment in any such Action shall be conclusive and may be enforced in other jurisdictions by suit on the judgment action or in any other manner provided by Law. Each party irrevocably and unconditionally agrees not to assert (i) any objection which it may ever have to the laying of venue of any such Action in any federal or state court located in the State of North Dakota in Dxxx County, (ii) any claim that any such Action brought in any such court has been brought in an inconvenient forum and (iii) any claim that such court does not have jurisdiction with respect to such Actionproceeding. To the extent that service of process by mail is permitted by applicable Lawlaw, each party hereto irrevocably consents to the service of process in any such Action suit, action or proceeding in such courts by the mailing of such process by registered or certified mail, postage prepaid, at its address for notices provided for hereinabove. Each party to such agreement irrevocably agrees not to assert any objection which it may ever have to the laying of venue of any such suit, action or proceeding in any New York State or Federal court located in the County of New York, and unconditionally any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. To the fullest extent permitted by Applicable Law, each party to such agreement waives any right it may have to a trial by jury and agrees that in respect of any of them may file a copy of this paragraph litigation directly or indirectly arising out of, under or in connection with any court as written evidence of the knowing, voluntary and bargained-for agreement among the parties irrevocably to waive its right to trial by jury in any Actionsuch agreement.
Appears in 1 contract
Samples: Administrative Agency Agreement
Jurisdiction; Court Proceedings; Waiver of Jury Trial. Any Action against any party to this Agreement arising out of or in any way relating to this Agreement shall be brought in any federal or state court located in the State of North Dakota New York in Dxxx New York County and each of the parties hereby submits to the exclusive jurisdiction of such courts for the purpose of any such Action; provided, that a final non-appealable judgment in any such Action shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law. Each party irrevocably and unconditionally agrees not to assert (ia) any objection which it may ever have to the laying of venue of any such Action in any federal or state court located in the State of North Dakota New York in Dxxx New York County, (iib) any claim that any such Action brought in any such court has been brought in an inconvenient forum and (iiic) any claim that such court does not have jurisdiction with respect to such Action. To the extent that service of process by mail is permitted by applicable Law, each party irrevocably consents to the service of process in any such Action in such courts by the mailing of such process by registered or certified mail, postage prepaid, at its address for notices provided for herein. Each party irrevocably and unconditionally waives any right to a trial by jury and agrees that any of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and bargained-for agreement among the parties irrevocably to waive its right to trial by jury in any Action.
Appears in 1 contract
Samples: Termination Agreement (Victory Capital Holdings, Inc.)