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

Jurisdiction; Venue; Waiver of Jury Trial. (i) Each of the parties to this Agreement hereby agrees that the state and federal courts of the State of Illinois shall have exclusive jurisdiction to hear and determine any claims or disputes between the parties hereto pertaining directly or indirectly to this Agreement, and all documents, instruments and agreements executed pursuant hereto or thereto, or to any matter arising herefrom (unless otherwise expressly provided for herein or therein). To the extent permitted by law, each party hereby expressly submits and consents in advance to such jurisdiction in any action or proceeding commenced by the other party hereto in any of such courts, and agrees that service of such summons and complaint or other process or papers may be made by registered or certified mail addressed to such party at the address to which notices are to be sent pursuant to this Agreement. Each of the parties waives any claim that Chicago, Illinois is an inconvenient forum or an improper forum based on lack of venue. The choice of forum set forth in this Section shall not be deemed to preclude the enforcement of any judgment obtained in such forum or the taking of any action to enforce the same in any other appropriate jurisdiction. (ii) Each party hereto hereby waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this Agreement. Each party hereto (a) certifies that no representative, agent or attorney of the other party has represented, expressly or otherwise, 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 hereto have been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this Section.

Jurisdiction; Venue; Waiver of Jury Trial. (ia) Each of the parties to this Agreement hereby agrees that the state and federal courts of the State of Illinois shall have exclusive jurisdiction to hear and determine any claims or disputes between the parties hereto pertaining directly or indirectly to this Agreement, and all documents, instruments and agreements executed pursuant hereto or thereto, or to any matter arising herefrom (unless otherwise expressly provided for herein or therein). To the extent permitted by law, each party hereby expressly submits and consents in advance to such jurisdiction in any action or proceeding commenced by any of the other party parties hereto in any of such courts, and agrees that service of such summons and complaint or other process or papers may be made by registered or certified mail addressed to such party at the address to which notices are to be sent pursuant to this Agreement. Each of the parties waives any claim that Chicago, Illinois is an inconvenient forum or an improper forum based on lack of venue. The choice of forum set forth in this Section shall not be deemed to preclude the enforcement of any judgment obtained in such forum or the taking of any action to enforce the same in any other appropriate jurisdiction. (iib) Each party hereto hereby waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this Agreement. Each party hereto (ai) certifies that no representative, agent or attorney of the other party has represented, expressly or otherwise, that the other party would not, in the event of litigation, seek to enforce the foregoing waiver and (bii) acknowledges that it and the other party parties hereto have been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this Section.

Jurisdiction; Venue; Waiver of Jury Trial. (ia) Each of the parties to this Agreement hereby agrees that the state and federal courts of the State of Illinois Florida shall have exclusive jurisdiction to hear and determine any claims or disputes between the parties hereto pertaining directly or indirectly to this Agreement, and all documents, instruments and agreements executed pursuant hereto or theretohereto, or to any matter arising herefrom hereunder (unless otherwise expressly provided for herein or therein). To the extent permitted by law, each party hereby expressly submits and consents in advance to such jurisdiction in any action or proceeding commenced by any of the other party parties hereto in any of such courts, and agrees that service of such summons and complaint or other process or papers may be made by registered or certified mail addressed to such party at the address to which notices are to be sent pursuant to this Agreement. Each of the parties waives any claim that Chicago, Illinois Florida is an inconvenient forum or an improper forum based on lack of venue. The choice of forum set forth in this Section SECTION 9.7 shall not be deemed to preclude the enforcement of any judgment obtained in such forum or the taking of any action to enforce the same in any other appropriate jurisdiction. (iib) Each party hereto hereby waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this Agreement. Each party hereto (ai) certifies that no representative, agent or attorney of the other party has represented, expressly or otherwise, that the other party would not, in the event of litigation, seek to enforce the foregoing waiver and (bii) acknowledges that it and the other party parties hereto have been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this SectionSECTION 9.7.

Jurisdiction; Venue; Waiver of Jury Trial. (ia) Each of the parties to this Agreement hereby agrees that the state and federal courts of the State of Illinois Indiana shall have exclusive jurisdiction to hear and determine any claims or disputes between the parties hereto pertaining directly or indirectly to this Agreement, and all documents, instruments and agreements executed pursuant hereto or thereto, or to any matter arising herefrom (unless otherwise expressly provided for herein or therein). To the extent permitted by law, each party hereby expressly submits and consents in advance to such jurisdiction in any action or proceeding commenced by any of the other party parties hereto in any of such courts, and agrees that service of such summons and complaint or other process or papers may be made by registered or certified mail addressed to such party at the address to which notices are to be sent pursuant to this Agreement. Each of the parties waives any claim that ChicagoFort Xxxxx, Illinois Indiana is an inconvenient forum or an improper forum based on lack of venue. The choice of forum set forth in this Section shall not be deemed to preclude the enforcement of any judgment obtained in such forum or the taking of any action to enforce the same in any other appropriate jurisdiction. (iib) Each party hereto hereby waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this Agreement. Each party hereto (ai) certifies that no representative, agent or attorney of the other party has represented, expressly or otherwise, that the other party would not, in the event of litigation, seek to enforce the foregoing waiver and (bii) acknowledges that it and the other party parties hereto have been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this Section.

Jurisdiction; Venue; Waiver of Jury Trial. (i) Each of The Parties hereto irrevocably and unconditionally submit to the parties to this Agreement hereby agrees that the state and federal courts of the State of Illinois shall have exclusive jurisdiction to hear and determine of any claims Federal court sitting in the City of Chicago, Illinois over any suit, action or disputes between the parties hereto pertaining directly proceeding arising out of or indirectly relating to this Agreement, and all documents, instruments and agreements executed pursuant hereto or thereto, or to any matter arising herefrom (unless otherwise expressly provided for herein or therein). To the extent permitted by lawfederal jurisdiction is lacking for any particular claim, each party hereby expressly submits the Parties hereto will accept the jurisdiction of any State court sitting in the City of Chicago, Illinois. Without limitation of other means of service, the Parties hereto agree that service of any process, summons, notice or document with respect to any action, suit or proceeding may be served on it in accordance with the notice provisions set forth in Section 11.7. The Parties hereto irrevocably and consents in advance unconditionally waive any objection to the laying of venue of any such jurisdiction in any suit, action or proceeding commenced by the other party hereto brought in any of such courtscourt and any claim that such suit, and action or proceeding brought in any such court has been brought in an inconvenient forum. The Parties hereto each agrees that service of a final judgment in any such summons and complaint suit, action or other process or papers may be made by registered or certified mail addressed to such party at the address to which notices are to be sent proceeding brought in an appropriate court pursuant to this Agreement. Each of Section 11.14shall be conclusive and binding upon the parties waives any claim that ChicagoParties hereto, Illinois is an inconvenient forum or an improper forum based on lack of venue. The choice of forum set forth in this Section shall not as the case may be, and may be deemed to preclude the enforcement of any judgment obtained in such forum or the taking of any action to enforce the same enforced in any other appropriate jurisdiction. (ii) Each party courts to whose jurisdiction the Parties hereto, as the case may be, is or may be subject, by suit upon such judgment. The Parties hereto hereby waives, to the fullest extent permitted by applicable law, any right it may have waive their respectiverights to a trial by jury in respect of any litigation directly claim or indirectly cause of action arising out ofof or relating to Buyer’s investigation of the BHG Companies, under or in connection with the Business, the Purchased Assets, this Agreement. Each party , the negotiation and execution of this Agreement or any Contract entered into pursuant hereto (aexcept to the extent otherwise expressly set forth therein) certifies that no representativeor the performance by the Parties of its or their terms in any suit, agent action or attorney proceeding of any type brought by one Party against the other, regardless of the other party has represented, expressly basis of the claim or otherwise, that the other party would not, in the event cause of litigation, seek to enforce the foregoing waiver and (b) acknowledges that it and the other party hereto have been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this Sectionaction.

Jurisdiction; Venue; Waiver of Jury Trial. (ia) Each of the parties to this Agreement hereby agrees that the state and federal courts of the State Commonwealth of Illinois Massachusetts shall have exclusive jurisdiction to hear and determine any claims or disputes between the parties hereto pertaining directly or indirectly to this Agreement, and all documents, instruments and agreements executed pursuant hereto or thereto, or to any matter arising herefrom (or therefrom, unless otherwise expressly provided for herein herefrom or therein)therefrom, including, 57 65 without limitation, the provisions of Section 7.11 of the Escrow Agreement. To the extent permitted by law, each party hereby expressly submits and consents in advance to such jurisdiction in any action or proceeding commenced by any of the other party parties hereto in any of such courts, and agrees that service of such summons and complaint or other process or papers may be made by registered or certified mail addressed to such party at the address to which notices are to be sent pursuant to this Agreement. Each of the parties waives any claim that ChicagoBoston, Illinois Massachusetts is an inconvenient forum or an improper forum based on lack of venue. The choice of forum set forth in this Section 13.10 shall not be deemed to preclude the enforcement of any judgment obtained in such forum or the taking of any action to enforce the same in any other appropriate jurisdiction. (iib) Each party hereto hereby waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this Agreement. Each party hereto (a) certifies that no representative, agent or attorney of the other party has represented, expressly or otherwise, 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 parties hereto have been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this Section.

Jurisdiction; Venue; Waiver of Jury Trial. (ia) Each of the parties to this Agreement hereby agrees that the state and federal courts of the State Commonwealth of Illinois Massachusetts shall have exclusive jurisdiction to hear and determine any claims or disputes between the parties hereto pertaining directly or indirectly to this Agreement, and all documents, instruments and agreements executed pursuant hereto or thereto, or to any matter arising herefrom (unless otherwise expressly provided for herein or therein). To the extent permitted by law, each party hereby expressly submits and consents in advance to such jurisdiction in any action or proceeding commenced by any of the other party parties hereto in any of such courts, and agrees that service of such summons and complaint or other process or papers may be made by registered or certified mail addressed to such party at the address to which notices are to be sent pursuant to this Agreement. Each of the parties waives any claim that Chicago, Illinois Massachusetts is an inconvenient forum or an improper forum based on lack of venue. The choice of forum set forth in this Section 12.12 shall not be deemed to preclude the enforcement of any judgment obtained in such forum or the taking of any action to enforce the same in any other appropriate jurisdiction. (iib) Each party hereto hereby waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this Agreement. Each party hereto (ai) certifies that no representative, agent or attorney of the other party has represented, expressly or otherwise, that the other party would not, in the event of litigation, seek to enforce the foregoing waiver and (bii) acknowledges that it and the other party parties hereto have been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this Section.

Jurisdiction; Venue; Waiver of Jury Trial. (i) Each of if the parties to irrevocably acknowledges and agrees that: (a) any suit involving any dispute or matter arising out of, or otherwise relating to, this Agreement hereby agrees that may only be brought after the state and federal courts of the State of Illinois shall have exclusive jurisdiction to hear and determine any claims or disputes between the parties hereto pertaining directly or indirectly to this Agreement, and all documents, instruments and agreements executed pursuant hereto or thereto, or to any matter arising herefrom dispute resolution process outlined in Section 12.7 has been completed; (unless otherwise expressly provided for herein or therein). To the extent permitted by law, each party hereby expressly submits and consents in advance to such jurisdiction in b) any action or proceeding arising out of, or otherwise relating to, this Agreement shall be commenced by (at the other party hereto sole and absolute discretion of the Board) in any court of such courtscompetent jurisdiction in the State of Illinois, and agrees that service of such summons and complaint or other process or papers may be made by registered or certified mail addressed to such party at in the address to which notices are to be sent pursuant to this Agreement. Each District Court of the parties waives any claim that Chicago, United States in the Northern District of Illinois is an inconvenient forum or an improper forum based on lack of venue. The choice of forum set forth in this Section shall not be deemed to preclude the enforcement of any judgment obtained in such forum or the taking of any action to enforce the same in any other appropriate jurisdiction. (ii) Each party hereto hereby waivesand, to the fullest extent permitted by applicable law, such Person hereby irrevocably: (i) waives any right objection which he/she/it (as applicable) may now or hereafter have to the laying of venue of any such suit, action or proceeding brought in any such court, and any claim that the same has been brought in an inconvenient forum; and (ii) agrees that he/she/it (as applicable) will not commence or maintain any proceeding arising out of or relating to this Agreement in, or attempt to remove any such action to, any other state or federal court. (c) to the fullest extent permitted by law, he/she/it (as applicable) hereby irrevocably waives any and all rights such Person may now or hereafter have to a jury trial by jury in respect of any litigation directly or indirectly for claims arising out of, under or in connection with otherwise related to, this Agreement. Each party hereto (a) certifies that no representative, agent or attorney of the other party has represented, expressly or otherwise, 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 hereto have been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this Section.