Jurisdiction of Austrian Courts Sample Clauses

Jurisdiction of Austrian Courts. (a) The competent courts of Vienna have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute regarding the existence, validity or termination of this Agreement) (a "Dispute"). (b) This Clause 41.1 is for the benefit of the Finance Parties only. As a result, no Finance Party shall be prevented from taking proceedings relating to a Dispute in any other courts with jurisdiction. To the extent allowed by law, the Finance Parties may take concurrent proceedings in any number of jurisdictions. Signatories Sappi Paper Holding AG by: Title: Sappi International S.A. by: Title: Bank Austria Creditanstalt AG by: Title: Erste Bank der oesterreichischen Sparkassen AG by: Title: Fortis Bank S.A. by: Title: BNP Paribas S.A. Belgium Branche by: Title: Bayerische Landesbank Girozentrale by: Title: Baden-Württembergerische Bank AG by: Title: Commerzbank Aktiengesellschaft Succursale de Bruxelles by: Title: Investkredit Bank AG by: Title: WestLB AG by: Title: ABN AMRO BANK N.V. Niederlassung Deutschland by: Title: Barclays Bank plc by: Title: Bank für Arbeit und Wirtschaft Aktiengesellschaft by: Title: Österreichische Volksbanken-Aktiengesellschaft by: Title: Credit Agricole Indosuez by: Title: Raiffeisenlandesbank Oberöstereich registrierte Genossenschaft mit beschränkter Haftung by: Title: ING BHF-Bank Aktiengesellschaft Niederlassung Hannover by: Title: Vorarlberger Xxxxxx- und Hypothekenbank Aktiengesellschaft by: Title: Salzburger Xxxxxx- und Hypothekenbank Aktiengesellschaft by: Title: 54 SCHEDULE 1: THE ORIGINAL LENDERS Bank Austria Creditanstalt AG Xxxxxxxxxxxxx 0-0, X-0000 Xxxxxx, Xxxxxxx 19,703,281.20 78,813,124.8 Erste Bank der oesterreichischen Xxxxxxxxxx XX Xxxxxx 21, A-1010 Vienna, Austria 14,980,000 59,920,000 Fortis Bank S.A. 0 Xxxxxxxx xx Xxxx, X-0000 Xxxxxxxx, Xxxxxxx 5,320,000 21,280,000 BNP Paribas S.A. Belgium Branche Xxxxxx Xxxxxx 000, B-1050 Brussels, Belgium 5,320,000 21,280,000 Bayerische Landesbank Girozentrale Xxxxxxxx Xxxxxx 00, X-00000 Xxxxxx 5,320,000 21,280,000 Baden-Württembergerische Bank XX Xxxxxxx Schlossplatz 11,. D-70173 Stuttgart, Germany 5,320,000 21,280,000 Commerzbank Aktiengesellschaft Succursale de Xxxxxxxxx Xxxxxxxxx Xxxxx Xxxxxxx 87, B-1040 Brussels, Belgium 5,320,000 21,280,000 Investkredit Bank XX Xxxxxxxxx 00, X-0000 Xxxxxx, Xxxxxxx 5,320,000 21,280,000 WestLB XX Xxxxxxxxxxxxxxx 00-00, X-00000 Xxxxxxxxxx, Xxxxxxx 5,320,000 21,280,000 ABN AMRO BANK N.V. Xxxxxxx-Xxx...

Jurisdiction of Austrian Courts. (a) The competent courts for the first district of Vienna, shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute relating to the existence, validity or termination of this Agreement) or any non-contractual obligation arising out of or in connection with this Agreement (a Dispute). (b) This Clause 38.1 is for the benefit of the Finance Parties and Secured Parties only. As a result, no Finance Party or Secured Party shall be prevented from taking proceedings relating to a Dispute in any other courts with jurisdiction. To the extent allowed by law, the Finance Parties and Secured Parties may take concurrent proceedings in any number of jurisdictions. Sappi Papier Holding GmbH FN167931h (Austria) Sappi Limited 1936/008963/06 (South Africa) Sappi International SA RPM Brussels 0449.887.582 (Belgium) S.D. Xxxxxx Company 878041 (Pennsylvania) SDW Holdings Corporation 2441157 (Delaware) Sappi Cloquet LLC 3498035 (Delaware) Sappi Lanaken NV RPR Tongeren 0420.732.352 (Belgium) Sappi Deutschland GmbH HRB59586 registered with the Commercial Register of Hanover (Germany) Sappi Deutschland Holding GmbH HRB110140 registered with the Commercial register of Hildesheim (Germany) Sappi Lanaken Press Paper NV RPR Tongeren 0426.966.779 (Belgium) Sappi Pulp Asia Limited 0925340 (Hong Kong) Sappi Nijmegen BV 10041104 (Netherlands) Sappi Xxxxxx GmbH HRB110356 registered with the Commercial Register of Hildesheim (Germany) Sappi Maastricht BV 14631722 (Netherlands) Sappi Netherlands BV 14631721 (Netherlands) Sappi Ehingen GmbH HRB490647 registered with the Commercial Register of Ulm (Germany) Sappi Europe SA RPM Brussels 0449.654.386 (Belgium) Sappi Gratkorn GmbH FN 69000x (Austria) Sappi MagnoStar GmbH FN 140031d (Austria) Sappi Austria Produktions-GmbH & Co. KG FN 223882p (Austria) Sappi Stockstadt GmbH HRB8118 registered with the Commercial Register of Aschaffenburg (Germany) Sappi Finland I Oy 2219145-0 (Finland) ABN AMRO Bank N.V., Belgian Branch 25,000,000.00 BAWAG P.S.K. Bank für Arbeit und Wirtschaft und Österreichische Postsparkasse AG 50,000,000.00 Calyon Credit Agricole CIB 40,000,000.00 Erste Bank der oesterreichischen Sparkassen AG 60,000,000.00 Investkredit Bank AG 40,000,000.00 KBC Bank Deutschland AG 25,000,000.00 Raiffeisenlandesbank Oberösterreich Aktiengesellschaft 10,000,000.00 Raiffeisen Zentralbank Österreich AG 25,000,000.00 Standard Chartered Bank 25,000,000.00 UniCredit Bank Austria ...

Jurisdiction of Austrian Courts. The competent courts for the first district of Vienna, shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute relating to the existence, validity or termination of this Agreement) or any non-contractual obligation arising out of or in connection with this Agreement (a Dispute).

Jurisdiction of Austrian Courts. (a) The competent courts of Vienna have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute regarding the existence, validity or termination of this Agreement) (a “Dispute”). (b) This Clause 41.1 is for the benefit of the Finance Parties only. As a result, no Finance Party shall be prevented from taking proceedings relating to a Dispute in any other courts with jurisdiction. To the extent allowed by law, the Finance Parties may take concurrent proceedings in any number of jurisdictions. Bank Austria Creditanstalt AG Xxxxxxxxxxxxx 0-0, X-0000 Xxxxxx; Austria 19,703,281.20 78,813,124.8 Erste Bank der oesterreichischen Xxxxxxxxxx XX Xxxxxx 21, A-1010 Vienna, Austria 14,980,000 59,920,000 Fortis Bank S.A. 0 Xxxxxxxx xx Xxxx, X-0000 Xxxxxxxx, Xxxxxxx 5,320,000 21,280,000 BNP Paribas S.A. Belgium Branche Xxxxxx Xxxxxx 000, B-1050 Brussels, Belgium 5,320,000 21,280,000 Bayerische Landesbank Xxxxxxxx Xxxxxx 00, X-00000 Xxxxxx 5,320,000 21,280,000 Baden-Württembergerische Bank unselbständige Anstalt der Landesbank Baden-Württemberg Xxxxxxx Schlossplatz 11,. D-70173 Stuttgart, Germany 5,320,000 21,280,000 Commerzbank Aktiengesellschaft Succursale de Xxxxxxxxx Xxxxxxxxx Xxxxx Xxxxxxx 87, B-1040 Brussels, Belgium 5,320,000 21,280,000 Investkredit Bank XX Xxxxxxxxx 00, X-0000 Xxxxxx, Xxxxxxx 5,320,000 21,280,000 WestLB XX Xxxxxxxxxxxxxxx 00-00, X-00000 Xxxxxxxxxx, Xxxxxxx 5,320,000 21,280,000 ABN AMRO BANK N.V. Niederlassung Deutschland Xxxxxxx-Xxxxx-Xxxxx 80 D-60486 Frankfurt am Main 5,320,000 21,280,000 Barclays Bank plc 00 Xxxxxxx Xxxxxx, XX 0X0XX Xxxxxx, Xxxxxx Xxxxxxx 5,320,000 21,280,000 BAWAG P.S.K. Bank für Arbeit und Wirtschaft und Österreichische Postsparkasse Aktiengesellschaft Xxxxxxxxxxxx 0-0, X-0000 Xxxxxx, Xxxxxxx 3,920,000 15,680,000 (1) As at the date of the Amending Agreement. Österreichische Volksbanken Aktiengesellschaft Xxxxxxxxxxxxx 0, X-0000 Xxxxxx, Xxxxxxx 3,920,000 15,680,000 Calyon Corporate and Investment Bank 0, Xxxx xx Xxxxxxxxx Xxxx Xxxxxx, F-92920 Paris La Defense, France 3,920,000 15,680,000 Raiffeisenbank Oberösterreich Aktiengesellschaft Xxxxxxxxxxx 0x, X-0000 Xxxx, Xxxxxxx 1,960,000 7,840,000 HVB Banque Luxembourg Société Anonyme 0, xxx Xxxxxxxx Xxxxxxx, L-2721, Luxembourg 1,960,000 7,840,000 Vorarlberger Xxxxxx- und Hypothekenbank Aktiengesellschaft Xxxx-Xxxxxxx 0, X-0000 Xxxxxxx, Xxxxxxx 980,000 3,920,000 Salzburger Xxxxxx- und Hypothekenbank Aktiengesellschaft Xxxxxx...

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Jurisdiction of Courts Québec hereby appoints the person from time to time who holds the position of Delegate General of Québec in New York, Xxx Xxxxxxxxxxx Xxxxx, 00xx xxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, as its authorized agent (the “Authorized Agent”) upon whom process may be served in any action by any Underwriter, or by any person controlling such Underwriter, and based upon this Agreement which may be instituted in any State or Federal court in The City of New York, and expressly accepts the non-exclusive jurisdiction of any such court in respect of such action. Québec hereby irrevocably waives any immunity to service of process in respect of any such action to which the Authorized Agent might otherwise be entitled. Such appointment shall be irrevocable as long as any of the Securities remain outstanding, except that, if for any reason the Authorized Agent ceases to be able to act as agent or no longer has an address in The City of New York, Québec will appoint another person or persons in The City of New York, selected in its discretion, as Authorized Agent(s). Québec will take any and all action, including the filing of any and all documents and instruments that may be necessary to continue such appointment or appointments in full force and effect as aforesaid. Service of process upon the Authorized Agent together with written notice of such service mailed or delivered to Québec at its address set forth in Section 11, shall be deemed in every respect effective service of process upon Québec. Notwithstanding the foregoing, any action by an Underwriter, or by any person controlling such Underwriter, and based upon this Agreement may be instituted in any competent court in Québec. Québec hereby waives, to the fullest extent permitted by applicable law, any immunity to jurisdiction to which it might otherwise be entitled in any action based on this Agreement which may be instituted as provided in this Section in any State or Federal court in The City of New York or in any competent court in Québec.
Jurisdiction of English courts The courts of England have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute relating to the existence, validity or termination of this Agreement) or any non-contractual obligation arising out of or in connection with this Agreement (a Dispute).
WORK JURISDICTION Par. 1. It is agreed by the parties to this Agreement that all work specified in Article IV shall be performed exclusively by Elevator Constructor Mechanics, Elevator Constructor Helpers, Elevator Constructor Apprentices and Elevator Constructor Assistant Mechanics in the employ of the Company. (a) The handling and unloading of all equipment coming under the jurisdiction of the Elevator Constructor, from the time such equipment arrives at or near the building site, shall be handled and unloaded by the Elevator Constructors. Mechanical equipment such as a fork lift or truck mounted swing boom may be used by the Elevator Constructors. A xxxxxxx, xxxxx or material hoist can be used under the supervision of Elevator Constructors to handle and unload the heavy material described in Par. 5(a). Where unusual conditions are expected to exist prior to delivery of equipment at or near the building site in regard to handling and unloading of equipment in the primary or secondary jurisdiction of the local union, the Company shall contact the Local's Business Representative to make appropriate arrangements for the handling and unloading of such equipment. In areas outside the jurisdiction of the local union, the Company shall contact the Regional Director. (b) The erecting and assembling of all elevator equipment to wit: electric, hydraulic, steam, belt, dumbwaiters, residence elevators, parking garage elevators (such as Xxxxxx, Pigeon Hole, or similar types of elevators), shuttles, compressed air and handpower, automatic people movers, monorails, airport shuttles and like-named devices used in the transportation of people for short distances of travel (less than 5 miles), as well as vertical reciprocating conveyor systems. (c) It is understood and agreed that the preassembly of all escalators, moving stairways and link belt carriers that may be done in the factory shall include the following: 1. Truss or truss sections with tracks, drive units, machines, handrail drive sheaves, drive chains, skirts on the incline sections but not curved sections, step chains and steps installed and permanently aligned. 2. Balustrade brackets may be shipped attached but not aligned. 3. Setting of all controllers and all wiring and conduit from the controller. All other work on escalators, moving stairways and link belt carriers shall be performed in the field by Elevator Constructor Mechanics, Helpers, Apprentices and Assistant Mechanics either before or after the truss or truss sections are joined and/or hoisted and placed in permanent position. This includes any and all work not done in the factory. The erecting and assembly of all theater stage and curtain elevator equipment and guides and rigging thereto, organ consoles and orchestra elevators shall be performed by Elevator Constructor Mechanics, Helpers, Apprentices and Assistant Mechanics. (d) All wiring, conduit, and raceways from main line feeder terminals on the controller to other elevator apparatus and operating circuits. Controllers are not to be shipped from the factory with extended wiring attached thereto. (e) The erecting of all guide rails. (f) The installation of all grating under the control of the Company. The installation of all counterweight screens, overhead work, either wood or iron, and all material used for mounting of elevator apparatus in machine room, overhead or below. (g) The drilling of overhead beams for attaching machines, sheaves, kick angles, and all other elevator equipment. (h) The setting of all templates. (i) All foundations, either of wood or metal, that should take the place of masonry. (j) The assembly of all cabs complete. (k) The installation of all indicators. (1) The erecting of all electrical or mechanical automatic or semi-automatic gates complete.
Jurisdiction; Venue In the event that any action is brought to enforce any provision of this Contract, the parties agree to exclusive jurisdiction in Thurston County Superior Court for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia, Washington.
Arbitrator's Jurisdiction The arbitrator shall take such evidence as in his judgment is appropriate for resolution of the dispute; however, he shall confine himself to the issues for arbitration and shall have no authority to determine any other issue not so submitted which is not directly essential to reaching a determination on the dispute at hand. The arbitrator shall have no power to recommend any right or relief for any period of time prior to the effective date of the Agreement under which the grievance was initiated. In those issues wherein the grievant’s relief sought involves back pay or lost wages covering a period of an Employee’s payroll separation due to suspension or discharge, the amount of the award shall be less any unemployment compensation or interim earnings, received by the aggrieved Employee. Second jobs or sources of income which the Employee received while under employment will not be considered interim income and will not be deducted when awarding lost wages or back pay. The decision of the arbitrator shall be submitted in writing to the parties within thirty (30) calendar days of the hearing’s conclusion unless the deadline is mutually extended by the parties. The decision and award of the arbitrator shall be final and binding on the Union, its members, the aggrieved Employee(s) and the CITY. With respect to grievances involving misapplication or misinterpretation of this Agreement, the grievance and arbitration procedure contained in this Article shall be the sole and exclusive remedy available to employees, and the parties hereto as this procedure is intended to supersede all conflicting provisions of the Ohio Revised Code regarding any and all matters subject to the grievance procedures of this Contract or otherwise made subject to this Agreement. With respect to grievances involving disciplinary suspensions, demotions or dismissals the election of remedies, as set forth above, shall be mutually exclusive. Choice of binding arbitration shall thereafter preclude appeal to Civil Service or to Court. Appeal to Civil Service shall preclude access to binding arbitration. With respect to cases of suspension, demotion and discharge, the arbitrator shall decide:
Court of Jurisdiction Both DBS and the Member agree that the Tokyo District Court will be the exclusive court of jurisdiction in the first instance in any dispute and/ or legal action relating to the rights and obligations under this Agreement or an Individual Contract.
LAW & JURISDICTION This Call-Off Agreement and/or any non-contractual obligations or matters arising out of or in connection with it, shall be governed by and construed in accordance with the Laws of England and Wales and without prejudice to the dispute resolution procedures set out in Clause CO-14 or CO-19 (Dispute Resolution) each Party agrees to submit to the exclusive jurisdiction of the courts of England and Wales and for all disputes to be conducted within England and Wales.
Jurisdiction; Venue; Waiver of Jury Trial The Parties hereto hereby irrevocably and unconditionally consent to and submit to the jurisdiction of the state or federal courts in the State of New York for any actions, suits or proceedings arising out of or relating to this Agreement or the transactions contemplated hereby. The Parties irrevocably and unconditionally waive any objection to the laying of venue of any action, suit or proceeding arising out of this Agreement, or the transactions contemplated hereby, in the state or federal courts in the State of New York, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. Each of the Parties waives all right to trial by jury in any action, proceeding or counterclaim (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Agreement.
Jurisdiction of Law The laws of the State of Minnesota shall govern the validity, construction and effect of this contract, unless said laws are superseded by, or in conflict with applicable federal laws and/or federal regulations. This contract will be binding upon the parties, their heirs, beneficiaries, and devisees of the parties hereto. The parties agree that Hennepin County, Minnesota is the appropriate forum for any action relating to this contract. This contract may be signed in counterparts.
Applicable Law; Forum, Venue and Jurisdiction (a) This Agreement shall be construed in accordance with and governed by the laws of the State of Delaware, without regard to the principles of conflicts of law. (b) Each of the Partners and each Person holding any beneficial interest in the Partnership (whether through a broker, dealer, bank, trust company or clearing corporation or an agent of any of the foregoing or otherwise): (i) irrevocably agrees that any claims, suits, actions or proceedings (A) arising out of or relating in any way to this Agreement (including any claims, suits or actions to interpret, apply or enforce the provisions of this Agreement or the duties, obligations or liabilities among Partners or of Partners to the Partnership, or the rights or powers of, or restrictions on, the Partners or the Partnership), (B) brought in a derivative manner on behalf of the Partnership, (C) asserting a claim of breach of a fiduciary duty owed by any director, officer, or other employee of the Partnership or the General Partner, or owed by the General Partner, to the Partnership or the Partners, (D) asserting a claim arising pursuant to any provision of the Delaware Act or (E) asserting a claim governed by the internal affairs doctrine shall be exclusively brought in the Court of Chancery of the State of Delaware, in each case regardless of whether such claims, suits, actions or proceedings sound in contract, tort, fraud or otherwise, are based on common law, statutory, equitable, legal or other grounds, or are derivative or direct claims; (ii) irrevocably submits to the exclusive jurisdiction of the Court of Chancery of the State of Delaware in connection with any such claim, suit, action or proceeding; (iii) agrees not to, and waives any right to, assert in any such claim, suit, action or proceeding that (A) it is not personally subject to the jurisdiction of the Court of Chancery of the State of Delaware or of any other court to which proceedings in the Court of Chancery of the State of Delaware may be appealed, (B) such claim, suit, action or proceeding is brought in an inconvenient forum, or (C) the venue of such claim, suit, action or proceeding is improper; (iv) expressly waives any requirement for the posting of a bond by a party bringing such claim, suit, action or proceeding; and (v) consents to process being served in any such claim, suit, action or proceeding by mailing, certified mail, return receipt requested, a copy thereof to such party at the address in effect for notices hereunder, and agrees that such services shall constitute good and sufficient service of process and notice thereof; provided, nothing in clause (v) hereof shall affect or limit any right to serve process in any other manner permitted by law.

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