Jurisdiction; Jury Trial. EACH OF THE PARTIES HERETO IRREVOCABLY SUBMITS TO THE NON-EXCLUSIVE JURISDICTION OF ANY UNITED STATES FEDERAL OR NEW YORK STATE COURT SITTING IN NEW YORK IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN ANY SUCH COURT. NONE OF THE PARTIES HERETO SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM OR OTHER LITIGATION PROCEDURE BASED UPON OR ARISING OUT OF OR OTHERWISE RELATED TO THIS AGREEMENT AND EACH OF THE PARTIES HERETO HEREBY WAIVES ANY AND ALL RIGHT TO ANY SUCH JURY TRIAL AND ANY RIGHT EACH MAY HAVE TO ASSERT THE DOCTRINE OF FORUM NON CONVENIENS OR TO OBJECT TO VENUE TO THE EXTENT ANY SUCH PROCEEDING IS BROUGHT IN ACCORDANCE WITH THIS SECTION .
Jurisdiction; Jury Trial. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in Los Angeles County, California, for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein, and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper. Each party hereby irrevocably waives personal service of process and consents to service in any such suit, action or proceeding by mailing a copy thereof to such party at the address for such notices to it under this Agreement and agrees that such service shall constitute good and sufficient service or process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED HEREBY OR DISCUSSED HEREIN.
Jurisdiction; Jury Trial. In any action or proceeding between any of the parties arising out of or relating to this Agreement, each of the parties hereto consents to exclusive jurisdiction in the Court of Chancery of the State of Delaware (and any courts from which appeals from judgments of that court are heard) or, to the extent such court does not have subject matter jurisdiction, any federal court located in Delaware (and any courts from which appeals from judgments of that court are heard). Each of the parties hereto agrees that a final judgment (subject to any appeals therefrom) in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Each of the parties hereto hereby irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objections it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby in any such Delaware state or federal court in accordance with the provisions of this Section 8(g). Each of the parties hereto irrevocably waives, to the fullest extent permitted by Applicable Law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court. Each of the parties hereto hereby irrevocably and unconditionally consents to service of process in the manner provided for notices in Section 8(b). Nothing in this Agreement will affect the right of any party hereto to serve process in any other manner permitted by Applicable Law. EACH PARTY HERETO ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH SUCH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. EACH PARTY HERETO CERTIFIES AND ACKNOWLEDGES THAT (I) NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, (II) EACH PARTY HERETO UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (III) EACH PARTY HERETO MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (IV) EACH PARTY HERETO HAS BEE...
Jurisdiction; Jury Trial. 21 5.5 Counterparts................................................... 21 5.6
Jurisdiction; Jury Trial. The courts of the State of Delaware shall have exclusive jurisdiction in any suit, action or proceeding arising out of, or relating to, this Agreement and each Partner consents to the exclusive jurisdiction of the courts of the State of Delaware in any suit, action or proceeding arising out of, or relating to, this Agreement and agrees that service of process on such Partner may be made by registered or certified mail sent to such Partner at the address of such Partner appearing on the books and records of the Partnership. Each Limited Partner waives, and agrees not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject to the jurisdiction of, or that its property is exempt or immune from attachment or execution by, the courts of the State of Delaware, or that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such court. Each Limited Partner further waives its right to a jury trial in any suit, action or proceeding arising out of, or relating to, this Agreement. Each Limited Partner further agrees that no punitive or consequential damages shall be awarded in any such suit, action or proceeding.
Jurisdiction; Jury Trial. 29 6.6 Counterparts . . . . . . . . . . . . . . . . . . . 29 6.7
Jurisdiction; Jury Trial. Each Stockholder hereby irrevocably submits to the mandatory and exclusive jurisdiction of the United States District Court for the Northern District of Ohio, Eastern Division, or in the absence of Federal Court subject-matter jurisdiction, to the mandatory and exclusive jurisdiction of the Cuyahoga County, Ohio Court of Common Pleas, for adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein, and further stipulates that either such court is the proper venue for such dispute, and hereby irrevocably waives and agrees not to assert in any suit, action or proceeding, any claim that such Stockholder is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper. Each Stockholder hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof by Certified U.S. Mail to such Stockholder at the street address for such notices set forth on EXHIBIT A hereto, and agrees that such service shall be deemed to irrevocably waive any right such Stockholder may have, and agrees not to request, a jury trial for the adjudication of any dispute hereunder.
Jurisdiction; Jury Trial. 23 Annex 1 -- Address of Purchaser Annex 2 -- Address of Company Attachment A -- Form of Warrant Certificate WARRANT AGREEMENT WARRANT AGREEMENT, dated as of June 5, 1998, between U.S. AGGREGATES, INC., a Delaware corporation (together with its successors and assigns, the "Company"), and THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (together with its successors and assigns, the "Purchaser").
Jurisdiction; Jury Trial. The Chancery Court of the State of Delaware shall have exclusive jurisdiction in any suit, action or proceeding arising out of, or relating to, this Agreement. Each Member waives, and agrees not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject to the jurisdiction of, or that its property is exempt or immune from attachment or execution by, the Chancery Court of the State of Delaware, or that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such court. Each Member further waives its right to a jury trial in any suit, action or proceeding arising out of, or relating to, this Agreement. Each Member further agrees that no punitive or consequential damages shall be awarded in any such suit, action or proceeding.
Jurisdiction; Jury Trial. The corporate laws of the --------------------------------------- State of Delaware shall govern all issues concerning the relative rights of the Company and its stockholders. All other questions concerning the construction,
