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 irrevocably submits to the exclusive jurisdiction of any Delaware state court or any federal court sitting in the State of Delaware for the purposes of any suit, action or other proceeding arising out of this agreement or any transaction contemplated hereby. Each party hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding. The parties further agree, to the extent permitted by law, that final and unappealable judgment against any of them in any action or proceeding contemplated above shall be conclusive and may be enforced in any other jurisdiction within or outside the United States by suit on the judgment, a certified copy of which shall be conclusive evidence of the fact and amount of such judgment. To the extent that any party has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, each party hereby irrevocably waives such immunity in respect of its obligations with respect to this Agreement. Each party waives, to the fullest extent permitted by applicable laws, any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of or relating to this Agreement.

Appears in 2 contracts

Samples: Restricted Share Grant and Shareholders' Agreement (Interactivecorp), Restricted Share Grant and Shareholders' Agreement (Usa Interactive)

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Jurisdiction, Venue, Service of Process, WAIVER OF JURY TRIAL. Each party (a) Any legal proceeding based upon, arising out of, or related to this Agreement and its negotiation, execution, performance, non-performance, interpretation, termination, construction or the transactions contemplated hereby (a "Legal Proceeding") shall be heard and determined in the courts in the County of New York in the State of New York. The Parties hereto hereby irrevocably submits submit to the exclusive jurisdiction and venue of such courts in any Delaware state court or any federal court sitting in the State of Delaware for the purposes of any suit, action or other proceeding arising out of this agreement or any transaction contemplated hereby. Each party hereby such Legal Proceeding and irrevocably waives, to the fullest extent it may effectively do so, and unconditionally waive the defense of an inconvenient forum forum, or lack of jurisdiction to the maintenance of any such action or proceedingLegal Proceeding. The parties further agreeconsents to jurisdiction and venue set forth herein shall not constitute general consents to service of process in the State of New York and shall have no effect for any purpose except as provided in this Section 14.5 and shall not be deemed to confer rights on any Person other than the Parties hereto. Each Party hereto agrees that the service of process upon such Party in any Legal Proceeding arising out of or relating to this Agreement shall be effective if notice is given by overnight courier at the address set forth in Section 14.3. Each of the Parties also agrees that any final, to the extent permitted by law, that final and unappealable non-appealable judgment against a Party in connection with any Legal Proceeding arising out of them in any action or proceeding contemplated above relating to this Agreement shall be conclusive and binding on such Party and that such award or judgment may be enforced in any other jurisdiction court of competent jurisdiction, either within or outside of the United States by suit on the judgment, a States. A certified or exemplified copy of which such award or judgment shall be conclusive evidence of the fact and amount of such award or judgment. To the extent that any party has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, each party hereby irrevocably waives such immunity in respect of its obligations with respect to this Agreement. Each party waives, to the fullest extent permitted by applicable laws, any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of or relating to this Agreement.

Appears in 2 contracts

Samples: License and Supply Agreement (Journey Medical Corp), License and Supply Agreement (Journey Medical Corp)

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