Common use of Jurisdiction; Venue; Waiver of Jury Trial Clause in Contracts

Jurisdiction; Venue; Waiver of Jury Trial. Customer hereby acknowledges, stipulates and agrees that (i) any and all claims, actions, proceedings or causes of action relating to the validity, performance, interpretation, and/ or enforcement hereof must be submitted to a court of competent jurisdiction in Houston, Harris County, Texas, (ii) to the maximum extent practicable, this Agreement will be deemed to call for performance in Harris County, Texas, (iii) Customer irrevocably submits itself to the jurisdiction of the state and federal courts in Harris County, Texas, (iv) service of process may be made upon it in any legal proceeding in connection with this Agreement or any other agreement as provided by Texas law, (v) Customer irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of venue of any litigation arising out of or in connection with this Agreement or any other agreement or transaction brought in any such court, (vi) Customer irrevocably waives any claims that litigation brought in any such court has been brought in an inconvenient forum, and (vii) it irrevocably consents to the service of process out of any of the aforementioned courts by the mailing of copies thereof by Certified Mail, Return Receipt Requested, postage prepaid, at its address set forth herein. The scope of each of the foregoing waivers is intended to be all encompassing. Customer acknowledges that this waiver is a material inducement to the agreement of SUPPLIER to enter into a business relationship, and that SUPPLIER has already relied on this waiver in entering into this Agreement. EACH PARTY HEREBY AGREES NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND FULLY WAIVES ANY RIGHT TO TRIAL BY JURY TO THE EXTENT THAT ANY SUCH RIGHT NOW OR HEREAFTER EXISTS WITH RESPECT TO THIS AGREEMENT AND/OR THE AGREEMENTS, INSTRUMENTS AND DOCUMENTS CONTEMPLATED HEREBY OR ANY CLAIM, COUNTERCLAIM OR OTHER ACTION ARISING IN CONNECTION HEREWITH. EACH PARTY ACKNOWLEDGES AND AGREES THAT THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY SUCH PARTY AND IS INTENDED TO ENCOMPASS EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO TRIAL BY JURY WOULD OTHERWISE ACCRUE. EITHER PARTY IS HEREBY AUTHORIZED TO FILE A COPY OF THIS SECTION IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER.

Jurisdiction; Venue; Waiver of Jury Trial. Customer Each of the parties hereto hereby acknowledgesirrevocably and unconditionally submits, stipulates for itself and agrees that (i) any and all claimsits property, actions, proceedings or causes of action relating to the validity, performance, interpretation, and/ nonexclusive jurisdiction of any New York State or enforcement hereof must be submitted to a federal court of competent jurisdiction the United States of America sitting in HoustonNew York City, Harris Countywhether trial or appellate, Texas, (ii) to the maximum extent practicable, this Agreement will be deemed to call for performance in Harris County, Texas, (iii) Customer irrevocably submits itself to the jurisdiction of the state and federal courts in Harris County, Texas, (iv) service of process may be made upon it in any legal action or proceeding in connection with arising out of, or relating to, this Agreement or any of the other agreement as provided Credit Documents, or for recognition or enforcement of any judgment in respect thereof, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or, to the extent permitted by Texas law, (v) Customer irrevocably waives, in such federal court and consents that any such action or proceeding may be brought in such courts and waives to the fullest extent permitted by law, law any objection that it may now or hereafter have to the laying of venue of any litigation arising out such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same. Each of the parties hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in connection with any other manner provided by law. Nothing in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or any of the other agreement or transaction brought Credit Documents in any such court, (vi) Customer irrevocably waives any claims that litigation brought in any such court has been brought in an inconvenient forum, and (vii) it irrevocably consents to the service of process out courts of any of the aforementioned courts by the mailing of copies thereof by Certified Mail, Return Receipt Requested, postage prepaid, at its address set forth herein. The scope of each of the foregoing waivers is intended to be all encompassing. Customer acknowledges that this waiver is a material inducement to the agreement of SUPPLIER to enter into a business relationship, and that SUPPLIER has already relied on this waiver in entering into this Agreementjurisdiction. EACH PARTY OF THE PARTIES HERETO HEREBY AGREES NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND FULLY IRREVOCABLY WAIVES ANY ALL RIGHT TO TRIAL BY JURY TO THE EXTENT THAT IN ANY SUCH RIGHT NOW ACTION, PROCEEDING OR HEREAFTER EXISTS WITH RESPECT TO THIS AGREEMENT AND/COUNTERLCLAIM ARISING OUT OF, OR THE AGREEMENTSRELATING TO, INSTRUMENTS AND DOCUMENTS CONTEMPLATED HEREBY OR ANY CLAIM, COUNTERCLAIM CREDIT DOCUMENT OR OTHER ACTION ARISING ACTIONS OF LENDER IN CONNECTION HEREWITH. EACH PARTY ACKNOWLEDGES AND AGREES THAT THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY SUCH PARTY AND IS INTENDED TO ENCOMPASS EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO TRIAL BY JURY WOULD OTHERWISE ACCRUE. EITHER PARTY IS HEREBY AUTHORIZED TO FILE A COPY OF THIS SECTION IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVERNEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT THEREOF.

Jurisdiction; Venue; Waiver of Jury Trial. Customer Each of the parties hereto hereby acknowledgesirrevocably and unconditionally submits, stipulates for itself and agrees that (i) any and all claimsits property, actions, proceedings or causes of action relating to the validity, performance, interpretation, and/ nonexclusive jurisdiction of any New York State or enforcement hereof must be submitted to a federal court of competent jurisdiction the United States of America sitting in HoustonNew York City, Harris Countywhether trial or appellate, Texas, (ii) to the maximum extent practicable, this Agreement will be deemed to call for performance in Harris County, Texas, (iii) Customer irrevocably submits itself to the jurisdiction of the state and federal courts in Harris County, Texas, (iv) service of process may be made upon it in any legal action or proceeding in connection with arising out of, or relating to, this Agreement or any of the other agreement as provided Credit Documents, or for recognition or enforcement of any judgment in respect thereof, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or, to the extent permitted by Texas law, (v) Customer irrevocably waives, in such federal court and consents that any such action or proceeding may be brought in such courts and waives to the fullest extent permitted by law, law any objection that it may now or hereafter have to the laying of venue of any litigation arising out of such action or in connection with this Agreement or any other agreement or transaction brought in any such court, (vi) Customer irrevocably waives any claims that litigation brought proceeding in any such court has been or that such action or proceeding was brought in an inconvenient forum, court and (vii) it irrevocably consents agrees not to plead or claim the same. Each of the parties hereto agrees that a final judgment 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. Nothing in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to the service of process out Credit Documents in the courts of any of the aforementioned courts by the mailing of copies thereof by Certified Mail, Return Receipt Requested, postage prepaid, at its address set forth herein. The scope of each of the foregoing waivers is intended to be all encompassing. Customer acknowledges that this waiver is a material inducement to the agreement of SUPPLIER to enter into a business relationship, and that SUPPLIER has already relied on this waiver in entering into this Agreementjurisdiction. EACH PARTY OF THE PARTIES HERETO HEREBY AGREES NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND FULLY IRREVOCABLY WAIVES ANY ALL RIGHT TO TRIAL BY JURY TO THE EXTENT THAT IN ANY SUCH RIGHT NOW ACTION, PROCEEDING OR HEREAFTER EXISTS WITH RESPECT TO THIS AGREEMENT AND/COUNTERCLAIM ARISING OUT OF, OR RELATING TO, ANY CREDIT DOCUMENT OR THE AGREEMENTSACTIONS OF LENDER IN THE NEGOTIATION, INSTRUMENTS AND DOCUMENTS CONTEMPLATED HEREBY ADMINISTRATION, PERFORMANCE OR ANY CLAIM, COUNTERCLAIM OR OTHER ACTION ARISING IN CONNECTION HEREWITH. EACH PARTY ACKNOWLEDGES AND AGREES THAT THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY SUCH PARTY AND IS INTENDED TO ENCOMPASS EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO TRIAL BY JURY WOULD OTHERWISE ACCRUE. EITHER PARTY IS HEREBY AUTHORIZED TO FILE A COPY OF THIS SECTION IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVERENFORCEMENT THEREOF.

Jurisdiction; Venue; Waiver of Jury Trial. Customer Each of the parties hereto hereby acknowledgesirrevocably and unconditionally submits, stipulates for itself and agrees that (i) any and all claimsits property, actions, proceedings or causes of action relating to the validity, performance, interpretation, and/ nonexclusive jurisdiction of any New York State or enforcement hereof must be submitted to a federal court of competent jurisdiction the United States of America sitting in HoustonNew York City, Harris Countywhether trial or appellate, Texas, (ii) to the maximum extent practicable, this Agreement will be deemed to call for performance in Harris County, Texas, (iii) Customer irrevocably submits itself to the jurisdiction of the state and federal courts in Harris County, Texas, (iv) service of process may be made upon it in any legal action or proceeding in connection with arising out of, or relating to, this Agreement or any of the other agreement as provided Credit Documents, or for recognition or enforcement of any judgment in respect thereof, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State court or, to the extent permitted by Texas law, (v) Customer irrevocably waives, in such federal court and consents that any such action or proceeding may be brought in such courts and waives to the fullest extent permitted by law, law any objection that it may now or hereafter have to the laying of venue of any litigation arising out such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same. Each of the parties hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in connection with any other manner provided by law. Nothing in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or any of the other agreement or transaction brought Credit Documents in any such court, (vi) Customer irrevocably waives any claims that litigation brought in any such court has been brought in an inconvenient forum, and (vii) it irrevocably consents to the service of process out courts of any of the aforementioned courts by the mailing of copies thereof by Certified Mail, Return Receipt Requested, postage prepaid, at its address set forth herein. The scope of each of the foregoing waivers is intended to be all encompassing. Customer acknowledges that this waiver is a material inducement to the agreement of SUPPLIER to enter into a business relationship, and that SUPPLIER has already relied on this waiver in entering into this Agreementjurisdiction. EACH PARTY OF THE PARTIES HERETO HEREBY AGREES NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND FULLY IRREVOCABLY WAIVES ANY ALL RIGHT TO TRIAL BY JURY TO THE EXTENT THAT IN ANY SUCH RIGHT NOW ACTION, PROCEEDING OR HEREAFTER EXISTS WITH RESPECT TO THIS AGREEMENT AND/COUNTERCLAIM ARISING OUT OF, OR RELATING TO, ANY CREDIT DOCUMENT OR THE AGREEMENTSACTIONS OF LENDER IN THE NEGOTIATION, INSTRUMENTS AND DOCUMENTS CONTEMPLATED HEREBY ADMINISTRATION, PERFORMANCE OR ANY CLAIM, COUNTERCLAIM OR OTHER ACTION ARISING IN CONNECTION HEREWITH. EACH PARTY ACKNOWLEDGES AND AGREES THAT THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY SUCH PARTY AND IS INTENDED TO ENCOMPASS EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO TRIAL BY JURY WOULD OTHERWISE ACCRUE. EITHER PARTY IS HEREBY AUTHORIZED TO FILE A COPY OF THIS SECTION IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVERENFORCEMENT THEREOF.

Jurisdiction; Venue; Waiver of Jury Trial. Customer The Parties hereby acknowledges, stipulates and agrees that (i) any and all claims, actions, proceedings or causes of action relating irrevocably submit to the validityexclusive personal jurisdiction of the courts of the State of New York located in New York County and the United States District Court for the Southern District of New York, performancesolely in respect of the interpretation and enforcement of the provisions of this Settlement Agreement, interpretationand hereby waive, and/ and agree not to assert, as a defense in any action, suit or proceeding for the interpretation or enforcement hereof must hereof, that it is not subject thereto or that such action, suit or proceeding may not be submitted brought or is not maintainable in such courts or that such courts are an inconvenient forum, or that the venue of such courts may not be appropriate or that this Settlement Agreement may not be enforced in or by such courts, and the Parties irrevocably agree that all claims with respect to such action, suit or proceeding shall be heard in such a court of competent jurisdiction in Houston, Harris County, Texas, (ii) the State of New York or the United States District Court for the Southern District of New York. The Parties hereby consent to the maximum extent practicable, this Agreement will be deemed to call for performance in Harris County, Texas, (iii) Customer irrevocably submits itself to the jurisdiction of the state and federal courts in Harris County, Texas, (iv) service of process may be made upon it in grant any legal proceeding in connection with this Agreement or any other agreement as provided by Texas law, (v) Customer irrevocably waivessuch court jurisdiction, to the fullest extent permitted by law, any objection over the subject matter of such action, suit or proceeding and agree that it may now mailing of process or hereafter have to the laying of venue of any litigation arising out of or other papers in connection with this Agreement or any other agreement or transaction brought in any such courtaction, (vi) Customer irrevocably waives any claims that litigation brought suit or proceeding in any such court has been brought the manner provided in an inconvenient forumSection 24 shall be valid, effective and (vii) it irrevocably consents to the sufficient service of process out of any of the aforementioned courts by the mailing of copies thereof by Certified Mail, Return Receipt Requested, postage prepaid, at its address set forth herein. The scope of each of the foregoing waivers is intended to be all encompassing. Customer acknowledges that this waiver is a material inducement to the agreement of SUPPLIER to enter into a business relationship, and that SUPPLIER has already relied on this waiver in entering into this Agreement. EACH PARTY HEREBY AGREES NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND FULLY WAIVES ANY RIGHT TO TRIAL BY JURY TO THE EXTENT THAT ANY SUCH RIGHT NOW OR HEREAFTER EXISTS WITH RESPECT TO THIS AGREEMENT AND/OR THE AGREEMENTS, INSTRUMENTS AND DOCUMENTS CONTEMPLATED HEREBY OR ANY CLAIM, COUNTERCLAIM OR OTHER ACTION ARISING IN CONNECTION HEREWITHthereof. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS WAIVER OF SETTLEMENT 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 IS GIVEN KNOWINGLY IN RESPECT OF ANY ACTION, SUIT OR PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS SETTLEMENT AGREEMENT OR THE TRANSACTION. EACH PARTY CERTIFIES AND VOLUNTARILY BY 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 ANY ACTION, SUIT OR PROCEEDING, SEEK TO ENFORCE THE FOREGOING WAIVER, (ii) EACH PARTY UNDERSTANDS AND IS INTENDED TO ENCOMPASS EACH INSTANCE AND EACH ISSUE AS TO WHICH HAS CONSIDERED THE RIGHT TO TRIAL BY JURY WOULD OTHERWISE ACCRUE. EITHER PARTY IS HEREBY AUTHORIZED TO FILE A COPY OF THIS SECTION IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE IMPLICATIONS OF THIS WAIVER, (iii) EACH PARTY MAKES THIS WAIVER VOLUNTARILY AND (iv) EACH PARTY HAS BEEN INDUCED TO ENTER INTO THIS SETTLEMENT AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 14. For the avoidance of doubt, the Parties acknowledge and agree that this Section 14 is not intended to waive, modify, or displace the dispute resolution clauses in the Agreements.