Jurisdiction; Legal Fees. a) In any action or proceeding brought by the Bank, the Member, or the Project Sponsor in order to enforce any right or remedy under this Agreement, the parties hereby consent to, and agree that they will submit to, the jurisdiction of the United States District Court for the Northern District of California or, if such action or proceeding may not be brought in federal court, the jurisdiction of the Superior Court of the City and County of San Francisco, to the exclusion of all other courts. b) The Member, the Project Sponsor, and the Bank agree that if any action or proceeding is brought by any party seeking to obtain any legal or equitable relief against another party under or arising out of this Agreement or any transaction contemplated hereby, and such relief is not granted by the final decision, after any and all appeals, of a court of competent jurisdiction, the party that brought the unsuccessful action or proceeding will pay all attorneys’ fees and other costs incurred by the other party(ies) in connection therewith.
Appears in 3 contracts
Samples: Affordable Housing Program Direct Subsidy Agreement, Affordable Housing Program Direct Subsidy Agreement, Affordable Housing Program Direct Subsidy Agreement
Jurisdiction; Legal Fees. a) In any action or proceeding brought by the Bank, the Member, or the Project Sponsor in order to enforce any right or remedy under this Agreement, the parties Parties hereby consent to, and agree that they will submit to, the jurisdiction of the United States District Court for the Northern District of California or, if such action or proceeding may not be brought in federal court, the jurisdiction of the Superior Court of the City and County of San Francisco, to the exclusion of all other courts.
b) The Member, the Project Sponsor, and the Bank agree that if any action or proceeding is brought by any party seeking to obtain any legal or equitable relief against another party under or arising out of this Agreement or any transaction contemplated hereby, and such relief is not granted by the final decision, after any and all appeals, of a court of competent jurisdiction, the party that brought the unsuccessful action or proceeding will pay all attorneys’ fees and other costs incurred by the other party(ies) in connection therewith.
Appears in 1 contract
Samples: Affordable Housing Program Direct Subsidy Agreement
Jurisdiction; Legal Fees. (a) In any action or proceeding brought by the Bank, the Member, Member or the Project Sponsor in order to enforce any right or remedy under this Agreement, the parties hereby consent to, and agree that they will submit to, the jurisdiction of the United States District Court for the Northern District of California or, if such action or proceeding may not be brought in federal court, the jurisdiction of the Superior Court of the City and County of San Francisco, Francisco to the exclusion of all other courts.
(b) The Member, the Project Sponsor, Sponsor and the Bank agree that if any action or proceeding is brought by any party seeking to obtain any legal or equitable relief against another party under or arising out of this Agreement or any transaction contemplated hereby, and such relief is not granted by the final decision, after any and all appeals, of a court of competent jurisdiction, the party that brought the unsuccessful action or proceeding will pay all attorneys’ fees and other costs incurred by the other party(ies) in connection therewith.
Appears in 1 contract
Samples: Ahead Program Agreement