Common use of Jurisdiction, Venue, Service of Process, WAIVER OF JURY TRIAL Clause in Contracts

Jurisdiction, Venue, Service of Process, WAIVER OF JURY TRIAL. Each party hereto irrevocably submits to the exclusive jurisdiction of (a) the United States District Court for the Southern District of New York, and (b) the Supreme Court of the State of New York, New York County, for the purposes of any suit, action or other proceeding arising out of this Agreement or any transaction contemplated hereby. Each party hereto agrees to commence any action, suit or other proceeding relating hereto in the courts of United States District Court for the Southern District of New York or, if such suit, action or other proceeding may not be brought in such court for jurisdictional reasons, in the Supreme Court of the State of New York located in New York County. Each party hereto irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or other proceeding arising out of this Agreement and the transactions contemplated hereby in (a) the United States District Court for the Southern District of New York, or (b) the Supreme Court of the State of New York, New York County, and hereby further irrevocably and unconditionally waives, and shall not assert by way of motion, defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, 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 and the transactions contemplated hereby and thereby may not be enforced in or by any of the above-named courts. EACH OF SELLER AND PURCHASER HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM FILED BY EITHER PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT AND THE TRANSACIONS CONTEMPLATED HEREIN.

Jurisdiction, Venue, Service of Process, WAIVER OF JURY TRIAL. Each party of the parties hereto knowingly, voluntarily, and irrevocably (i) submits to the exclusive jurisdiction and venue of (a) the United States District Court for the Southern District of New York, and (b) the Supreme Court of any state or federal court sitting in the State of New YorkHampshire, New York County, for the purposes of in any suit, action or other proceeding arising out of or relating to this Agreement and agrees that all claims in respect of the action or proceedings may be heard and determined in any transaction contemplated herebysuch court, (ii) expressly submits to the personal jurisdiction and venue of such court for the purposes hereof and expressly waives any claim of improper venue and any claim that such courts are an inconvenient forum, provided that the Company or its successors or assigns may seek injunctive or equitable relief from any court in any jurisdiction, and (iii) agrees that the other party to this Agreement may file an original counterpart or a copy of this Agreement with any court as written evidence of the consents, waivers and agreements of the parties. Each party hereto agrees hereby irrevocably consents to commence the service of process of any action, suit or other proceeding relating hereto in the courts of United States District Court for the Southern District of New York or, if such suit, action or other proceeding may not be brought in such court for jurisdictional reasons, in the Supreme Court of the State of New York located in New York County. Each party hereto irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or other proceeding arising out of this Agreement and the transactions contemplated hereby in (a) the United States District Court for the Southern District of New York, or (b) the Supreme Court of the State of New York, New York County, and hereby further irrevocably and unconditionally waives, and shall not assert by way of motion, defense, or otherwise, aforementioned courts in any such suit, action or proceedingproceeding by the mailing of copies thereof by registered or certified mail, any claim that it is not subject personally postage prepaid, to (A) if to the jurisdiction Company, to the Company’s primary business office, and (B) if to Recipient, to Recipient’s address as set forth in the Company’s records, with such service of the above-named courts, that its property is exempt or immune from attachment or execution, 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 and the transactions contemplated hereby and thereby may not be enforced in or by any of the above-named courtsprocess to become effective ten (10) days after such mailing. EACH OF SELLER PARTY ALSO KNOWINGLY, VOLUNTARILY AND PURCHASER HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, THE IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, ACTION OR PROCEEDING ARISING OUT OF OR COUNTERCLAIM FILED BY EITHER PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT AND THE TRANSACIONS CONTEMPLATED HEREINAGREEMENT.

Jurisdiction, Venue, Service of Process, WAIVER OF JURY TRIAL. Each party hereto irrevocably submits to the exclusive jurisdiction of (a) the United States District Court for the Southern District of New York, and (b) the Supreme Court of the State of New York, New York County, for the purposes of any suit, action or other proceeding arising out of this Agreement or any transaction contemplated hereby. Each party hereto agrees to commence any action, suit or other proceeding relating hereto in the courts of United States District Court for the Southern District of New York or, if such suit, action or other proceeding may not be brought in such court for jurisdictional reasons, in the Supreme Court of the State of New York located in New York County. Each party hereto irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or other proceeding arising out of this Agreement and the transactions contemplated hereby in (a) the United States District Court for the Southern District of New York, or (b) the Supreme Court of the State of New York, New York County, and hereby further irrevocably and unconditionally waives, and shall not assert by way of motion, defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, 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 and the transactions contemplated hereby and thereby may not be enforced in or by any of the above-named courts. EACH OF SELLER AND PURCHASER HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM FILED BY EITHER PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT AND THE TRANSACIONS CONTEMPLATED HEREIN.

Jurisdiction, Venue, Service of Process, WAIVER OF JURY TRIAL. Each party hereto irrevocably submits to the exclusive jurisdiction of (a) the United States District Court for the Southern District of New York, and (b) the Supreme Court of the State of New York, New York County, for the purposes of any suit, action or other proceeding arising out of this Agreement or any transaction contemplated hereby. Each party hereto agrees to commence any action, suit or other proceeding relating hereto in the courts of United States District Court for the Southern District of New York or, if such suit, action or other proceeding may not be brought in such court for jurisdictional reasons, in the Supreme Court of the State of New York located in New York County. Each party hereto irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or other proceeding arising out of this Agreement and the transactions contemplated hereby in (a) the United States District Court for the Southern District of New York, or (b) the Supreme Court of the State of New York, New York County, and hereby further irrevocably and unconditionally waives, and shall not assert by way of motion, defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, 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 and the transactions contemplated hereby and thereby may not be enforced in or by any of the above-named courts. EACH OF SELLER AND PURCHASER HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM FILED BY EITHER PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT AND THE TRANSACIONS TRANSACTIONS CONTEMPLATED HEREIN.

Jurisdiction, Venue, Service of Process, WAIVER OF JURY TRIAL. Each party hereto (a) Buyer and Seller agree to irrevocably submits submit to the exclusive jurisdiction of (ai) the Supreme Court of the State of New York, New York County, or (ii) the United States District Court for the Southern District of New York, and (b) the Supreme Court of the State of New York, New York CountyU.S.A., for the purposes of any suit, action or other proceeding arising out of this Agreement or any transaction contemplated hereby. Each party hereto agrees to commence any such action, suit or other proceeding relating hereto either in the courts of United States District Court for the Southern District of New York York, U.S.A. or, if such suit, action or other proceeding may [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT REQUEST. not be brought in such court for jurisdictional reasons, in the Supreme Court of the State of New York located in York, New York County. Each party hereto further agrees that service of any process, summons, notice or document by U.S. registered mail or recognized international courier service to such party’s respective address set forth in Section 13.3 shall be effective service of process for any action, suit or proceeding in New York with respect to any matters to which it has submitted to jurisdiction in this Agreement. Each party irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or other proceeding arising out of this Agreement and or the transactions contemplated hereby in (a) the United States District Court for the Southern District of New York, or (bi) the Supreme Court of the State of New York, New York County, and hereby further irrevocably and unconditionally waivesor (ii) the United States District Court for the Southern District of New York, and shall not assert by way of motion, defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, 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 and the transactions contemplated hereby and thereby may not be enforced in or by any of the above-named courts. EACH OF SELLER AND PURCHASER HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM FILED BY EITHER PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT AND THE TRANSACIONS CONTEMPLATED HEREIN.U.S.A.

Jurisdiction, Venue, Service of Process, WAIVER OF JURY TRIAL. Each party hereto irrevocably submits to the exclusive jurisdiction of (a) state courts of the State of California sitting in the City of San Francisco and (b) the United States District Court for the Southern Northern District of New York, and (b) the Supreme Court of the State of New York, New York County, California for the purposes of any suitaction, action suit or other proceeding arising out of of, relating to or in connection with this Agreement or any transaction contemplated hereby. Each party hereto agrees to commence any action, suit or other proceeding arising out of, relating hereto to or in connection with this Agreement or any transaction contemplated hereby in the state courts of United States District Court for the Southern District State of New York California sitting in the City of San Francisco, or, if such suitaction, action suit or other proceeding may not be brought in such court for jurisdictional reasons, in the Supreme United States District Court for the Northern District of the State California. Each party hereto further agrees that service of New York located any process, summons, notice or document by courier or personal delivery in New York Countyaccordance with Section 10.2 shall be effective service of process for any action, suit or other proceeding in California with respect to any matters to which it has submitted to jurisdiction in this Section 10.11. Each party hereto irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or other proceeding arising out of of, relating to or in connection with this Agreement and the transactions or any transaction contemplated hereby in (ai) state courts of the State of California sitting in the City of San Francisco or (ii) the United States District Court for the Southern Northern District of New York, or (b) the Supreme Court of the State of New York, New York CountyCalifornia, and hereby further irrevocably and unconditionally waives, and shall not assert by way of motion, defense, or otherwise, in any such suitaction, action suit or other proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the suitsuch action, action suit or other proceeding is brought in an inconvenient forum, that the venue of the suitsuch action, action suit or other proceeding is improper, or that this Agreement and or the transactions contemplated hereby and thereby may not be enforced in or by any of the above-named courts. EACH OF SELLER AND PURCHASER PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY ACTIONACTION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, PROCEEDING OR COUNTERCLAIM FILED BY EITHER PARTY, THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER IN BASED ON CONTRACT, TORT TORT, OR ANY OTHER THEORY). EACH PARTY (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY THAT THE OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTY HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND THE TRANSACIONS CONTEMPLATED HEREINCERTIFICATIONS IN THIS SECTION 10.11.

Jurisdiction, Venue, Service of Process, WAIVER OF JURY TRIAL. Each party hereto irrevocably submits to the exclusive jurisdiction of (a) the Supreme Court of the State of New York for the County of New York, the United States District Court for the Southern District of New York, and (b) the Supreme Court of the State of New York, York New York County, for the purposes of any suit, action or other proceeding arising out of Courts connection with this Agreement or any transaction contemplated hereby. Each party hereto agrees to commence any action, suit or other proceeding arising out of, relating hereto to or in connection with this Agreement or any transaction contemplated hereby in the courts of United States District Court for the Southern District of New York orCourts. Each party hereto further agrees that service of any process, if such suitsummons, action notice or document by courier or personal delivery in accordance with Section 8.2 shall be effective service of process for any action, suit or other proceeding may not be brought in such court for jurisdictional reasons, in the Supreme Court of the State of New York located Courts with respect to any matters to which it has submitted to jurisdiction in New York Countythis Section 8.10. Nothing herein shall affect the right of a party hereto to serve process on the other party hereto in any other manner permitted by applicable Law. Each party hereto irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or other proceeding arising out of of, relating to or in connection with this Agreement and the transactions or any transaction contemplated hereby in (a) the United States District Court for the Southern District of New York, or (b) the Supreme Court of the State of New York, New York CountyCourts, and hereby further irrevocably and unconditionally waives, and shall not assert by way of motion, defense, or otherwise, in any such suitaction, action suit or other proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courtsNew York Courts, that its property is exempt or immune from attachment or execution, that the suitsuch action, action suit or other proceeding is brought in an inconvenient forum, that the venue of the suitsuch action, action suit or other proceeding is improper, or that this Agreement and or the transactions contemplated hereby and thereby may not be enforced in or by any of the above-named courtsNew York Courts. EACH OF SELLER AND PURCHASER HEREBY WAIVESEach party hereto irrevocably and unconditionally waives any right to trial by jury with respect to any proceeding arising out of, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM FILED BY EITHER PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT AND THE TRANSACIONS CONTEMPLATED HEREIN.relating to or in connection with this Agreement or any transaction contemplated hereby. Section 8.11

Jurisdiction, Venue, Service of Process, WAIVER OF JURY TRIAL. Each party hereto irrevocably submits to the exclusive jurisdiction of (a) the Supreme Court of the State of New York for the County of New York, the United States District Court for the Southern District of New YorkYork and any appellate court from either of them (such courts, and (b) collectively, the Supreme Court of the State of New York, “New York County, Courts”) for the purposes of any suitaction, action suit or other proceeding arising out of of, relating to or in connection with this Agreement or any transaction contemplated hereby. Each party Party hereto agrees to commence any action, suit or other proceeding arising out of, relating hereto to or in connection with this Agreement or any transaction contemplated hereby in the courts of United States District Court for the Southern District of New York orCourts. Each Party hereto further agrees that service of any process, if such suitsummons, action notice or document by an internationally recognized courier or personal delivery in accordance with Section 9.2 shall be effective service of process for any action, suit or other proceeding may not be brought in such court for jurisdictional reasons, in the Supreme Court of the State of New York located Courts with respect to any matters to which it has submitted to jurisdiction in New York Countythis Section 9.11. Nothing herein shall affect the right of a Party hereto to serve process on the other Party hereto in any other manner permitted by applicable Law. Each party Party hereto irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or other proceeding arising out of of, relating to or in connection with this Agreement and the transactions or any transaction contemplated hereby in (a) the United States District Court for the Southern District of New York, or (b) the Supreme Court of the State of New York, New York CountyCourts, and hereby further irrevocably and unconditionally waives, and shall not assert by way of motion, defense, or otherwise, in any such suitaction, action suit or other proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courtsNew York Courts, that its property is exempt or immune from attachment or execution, that the suitsuch action, action suit or other proceeding is brought in an inconvenient forum, that the venue of the suitsuch action, action suit or other proceeding is improper, or that this Agreement and or the transactions contemplated hereby and thereby may not be enforced in or by any of the above-named courtsNew York Courts. EACH OF SELLER AND PURCHASER HEREBY WAIVESEach Party hereto irrevocably and unconditionally waives any right to trial by jury with respect to any proceeding arising out of, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM FILED BY EITHER PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT AND THE TRANSACIONS CONTEMPLATED HEREINrelating to or in connection with this Agreement or any transaction contemplated hereby.

Jurisdiction, Venue, Service of Process, WAIVER OF JURY TRIAL. Each party hereto irrevocably submits to the exclusive jurisdiction of (a) the courts of the State of New York located in New York County, New York and (b) the United States District Court for the Southern District of New York, and (b) the Supreme Court of the State of New York, New York County, for the purposes of any suit, action or other proceeding arising out of of, relating to or in connection with this Agreement or any transaction contemplated hereby. Each party hereto agrees to commence any action, suit or other proceeding arising out of, relating hereto to or in connection with this Agreement or any transaction contemplated hereby in the courts of United States District Court for the Southern District of New York or, or if such suit, action or other proceeding may not be brought in such court for jurisdictional reasons, in the Supreme Court courts of the State of New York located in New York County, New York. Each party hereto irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or other proceeding arising out of of, relating to or in connection with this Agreement and the transactions or any transaction contemplated hereby in (ai) the courts of the State of New York located in New York County, New York or (ii) the United States District Court for the Southern District of New York, or (b) the Supreme Court of the State of New York, New York County, and hereby further irrevocably and unconditionally waives, and shall not assert by way of motion, defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, 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 and the transactions contemplated hereby and thereby may not be enforced in or by any of the above-named courts. EACH OF SELLER AND PURCHASER HEREBY WAIVESEach party hereto irrevocably and unconditionally waives any right to trial by jury with respect to any proceeding arising out of, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM FILED BY EITHER PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT AND THE TRANSACIONS CONTEMPLATED HEREINrelating to or in connection with this Agreement or any transaction contemplated hereby.

Jurisdiction, Venue, Service of Process, WAIVER OF JURY TRIAL. Each party hereto (a) Buyer and the Manufacturer agree to irrevocably submits submit to the exclusive jurisdiction of (ai) the Supreme Court of the State of New York, New York County, or (ii) the United States District Court for the Southern District of New York, and (b) the Supreme Court of the State of New York, New York CountyU.S.A., for the purposes of any suit, action or other proceeding arising out of this Supply Agreement or any transaction contemplated hereby. Each party hereto Party agrees to commence any such action, suit or other proceeding relating hereto either in the courts of United States District Court for the Southern District of New York York, U.S.A. or, if such suit, action or other proceeding may not be brought in such court for jurisdictional reasons, in the Supreme Court of the State of New York located in York, New York County. Each party hereto Party further agrees that service of any process, summons, notice or document by U.S. registered mail or recognized [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT REQUEST. international courier service to such Party’s respective address set forth in Section 12.3 shall be effective service of process for any action, suit or proceeding in New York with respect to any matters to which it has submitted to jurisdiction in this Supply Agreement. Each Party irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or other proceeding arising out of this Supply Agreement and or the transactions contemplated hereby in (a) the United States District Court for the Southern District of New York, or (bi) the Supreme Court of the State of New York, New York County, and hereby further irrevocably and unconditionally waivesor (ii) the United States District Court for the Southern District of New York, and shall not assert by way of motion, defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, 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 and the transactions contemplated hereby and thereby may not be enforced in or by any of the above-named courts. EACH OF SELLER AND PURCHASER HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM FILED BY EITHER PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT AND THE TRANSACIONS CONTEMPLATED HEREIN.U.S.A.