JURISDICTION; WAIVER. EACH PARTY HEREBY ACKNOWLEDGES THAT THIS AGREEMENT IS BEING SIGNED BY EACH OTHER PARTY IN PARTIAL CONSIDERATION OF SUCH OTHER PARTY’S RIGHT TO ENFORCE IN THE JURISDICTION STATED BELOW THE TERMS AND PROVISION OF THIS AGREEMENT AND THE DOCUMENTS. EACH PARTY IRREVOCABLY CONSENTS TO THE EXCLUSIVE AND SOLE JURISDICTION IN NEW YORK, NEW YORK AND VENUE IN ANY FEDERAL OR STATE COURT IN NEW YORK, NEW YORK FOR SUCH PURPOSES AND WAIVES ANY AND ALL RIGHTS TO CONTEST SAID JURISDICTION AND VENUE AND ANY OBJECTION THAT NEW YORK, NEW YORK IS NOT CONVENIENT. EACH PARTY HEREBY WAIVES ANY RIGHTS TO COMMENCE ANY ACTION AGAINST ANY OTHER PARTY IN ANY JURISDICTION EXCEPT NEW YORK, NEW YORK. EACH PARTY HEREBY EXPRESSLY WAIVES ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY PARTY AGAINST ANY OTHER PARTY WITH RESPECT TO ANY MATTER WHATSOEVER RELATING TO, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE LOAN, THE DOCUMENTS AND/OR THE TRANSACTIONS WHICH ARE THE SUBJECT OF THE DOCUMENTS.
JURISDICTION; WAIVER. Customer acknowledges that this Loan Agreement is being accepted by MLBFS in partial consideration of MLBFS’ right and option, in its sole discretion, to enforce the Loan Documents in either the State of Illinois or in any other jurisdiction where Customer or any Collateral may be located. Customer irrevocably submits itself to jurisdiction in the State of Illinois and venue in any state or federal court in the County of Cxxx for such purposes, and Customer waives any and all rights to contest said jurisdiction and venue and the convenience of any such forum, and any and all rights to remove such action from state to federal court. Customer further waives any rights to commence any action against MLBFS in any jurisdiction except in the County of Cxxx and State of Illinois. Customer agrees that all such service of process shall be made by mail or messenger directed to it in the same manner as provided for notices to Customer in this Loan Agreement and that service so made shall be deemed to be completed upon the earlier of actual receipt or three (3) days after the same shall have been posted to Customer or Customer’s agent. Nothing contained herein shall affect the right of MLBFS to serve legal process in any other manner permitted by law or affect the right of MLBFS to bring any action or proceeding against Customer or its property in the courts of any other jurisdiction. Customer waives, to the extent permitted by law, any bond or surety or security upon such bond which might, but for this waiver, be required of MLBFS. Customer further waives the right to bring any non-compulsory counterclaims.
JURISDICTION; WAIVER. Customer acknowledges that this Loan Agreement is being accepted by MLBFS in partial consideration of MLBFS' right and option, in its sole discretion, to enforce this Loan Agreement, the Term Note and the other Additional Agreements in either the State of Illinois or in any other jurisdiction where Customer or any collateral for the Obligations may be located. Customer irrevocably submits itself to jurisdiction in the State of Illinois and venue in any State or Federal Court in the County of Cxxx for such purposes, and Customer waives any and all rights to contest said jurisdiction and venue and the convenience of any such forum, and any and all rights to remove such action from state to federal court. Customer further waives any rights to commence any action against MLBFS in any jurisdiction except in the County of Cxxx and State of Illinois. MLBFS and Customer hereby each expressly waive any and all rights to a trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other party with respect to any matter relating to, arising out of or in any way connected with the Term Loan, this Loan Agreement, any Additional Agreements and/or any of the transactions which are the subject matter of this Loan Agreement. Customer further waives the right to bring any non-compulsory counterclaims.
JURISDICTION; WAIVER. Any dispute arising from or relating to this Agreement or any of the Loan Documents shall be exclusively litigated in the courts of the State of Kansas, County of Sedgwick, and each party consents to the jurisdiction of Kansas courts. Notwithstanding the foregoing, any action to secure possession or sale of collateral located in another state may be brought in the courts of the State in which the collateral exists. Except for actions to secure possession or sale of collateral located in a different state, each party hereby waives, agrees not to assert, by way of motion, as a defense, or otherwise, and any such suit, action or proceeding, to the extent permitted by applicable law, that the suit, action, or proceeding is brought in improper venue or forum non conveniens and consents to the granting of such legal or equitable relief as is deemed appropriate by the courts in the State of Kansas. Each of Lender and Borrower waives all rights to trial by jury in any action or proceeding instituted by them against the other which pertains directly or indirectly to this Agreement, the Note, the liabilities, any alleged tortious conduct by Borrower or Lender, in no event will Lender be liable for lost profits or other special or consequential damages, and in no event shall Borrower be liable for special or consequential damages. Borrower waives all rights to interpose any claims, deductions or set offs of any kind, nature or description in any action or proceeding instituted by Lender with respect to this Agreement, the Note, the liabilities or any matter arising therefrom or relating thereto.
JURISDICTION; WAIVER. Microtune and Broadcom agree (i) that all disputes and litigation regarding this Settlement Agreement and matters connected with its performance be subject to the exclusive jurisdiction of the federal courts located in Houston, Texas, and (ii) to submit any disputes, matters of interpretation, or enforcement actions arising with respect to the subject matter of this Settlement Agreement exclusively to these courts. The parties hereby waive any challenge to the jurisdiction or venue of these courts over these matters. This Section 7.9 shall not be construed as restricting or limiting either party’s ability to immediately assert a license or other defense in any litigation or other proceeding against such party, such party’s Subsidiaries, or its or their products or the resellers, distributors or customers of such products, regardless of jurisdiction or venue.
JURISDICTION; WAIVER. Customer acknowledges that this Loan Agreement is being accepted by MLBFS in partial consideration of MLBFS' right and option, in its sole discretion, to enforce this Loan Agreement, the Note and the other Additional Agreements in either the State of Illinois or in any other jurisdiction where Customer or any collateral for the Obligations may be located. Customer consents to jurisdiction in the State of Illinois and venue in any State or Federal Court in the County of Cook for such purposes, and Customer waives any and all rights to contest said jurisdiction and venue. Customer further waives any rights to commence any action against MLBFS in any jurisdiction except in the County of Cook and State of Illinois. MLBFS and Customer hereby each expressly waive any and all rights to a trial by jury in any action, proceeding or counterclaim brought BY either of the parties against the other party with respect to any matter relating to, arising out of or in any way connected with the Loan, the Note, this Loan Agreement, any other Additional Agreements and/or any of the transactions which are the subject matter of this Loan Agreement.
JURISDICTION; WAIVER. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. BORROWER CONSENTS TO JURISDICTION IN THE STATE OF FLORIDA AND VENUE IN ANY FEDERAL OR STATE COURT IN THE STATE OF FLORIDA FOR SUCH PURPOSES AND WAIVES ANY AND ALL RIGHTS TO CONTEST SAID JURISDICTION AND VENUE AND ANY OBJECTION THAT SAID VENUE IS NOT CONVENIENT. BORROWER WAIVES ANY RIGHTS TO COMMENCE ANY ACTION AGAINST LENDER IN ANY JURISDICTION EXCEPT THE STATE OF FLORIDA. LXXXXX AND BORROWER HEREBY EACH EXPRESSLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY WITH RESPECT TO ANY MATTER WHATSOEVER RELATING TO, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE LOAN, THE DOCUMENTS AND/OR THE TRANSACTIONS WHICH ARE THE SUBJECT OF THE DOCUMENTS.
JURISDICTION; WAIVER. The Company [and the Guarantor each] hereby irrevocably and unconditionally:submits for itself and its property in any legal action or proceeding relating to this Agreement or for recognition and enforcement of any judgment in respect thereof, to the exclusive jurisdiction of the courts of the United States for the Southern District of New York, and appellate courts thereof;
JURISDICTION; WAIVER. This Agreement shall be governed by, and construed and interpreted in accordance with the laws of the State of Rhode Island without resort to its conflict of laws rules. In the event that WaterRower brings any action or proceeding in conection with this Rental Contract in any court of record in Rhode Island, or the United States in Rhode Island, renter hereby irrevocably consents to and confers personal jurisdiction of such court over the renter. Renter and WaterRower mutually hereby knowingly, voluntarily and intentionally waive the right to a trial by jury in respect to any claim and/or lawsuit based on, arising under or in connection with this Rental Contract.
JURISDICTION; WAIVER. GRANTOR acknowledges that this Agreement is being accepted by MLBFS in partial consideration of MLBFS' right and option, in its sole discretion, to enforce this Agreement in either the State of Illinois or in any other jurisdiction where GRANTOR or any collateral for the Obligations may be located. GRANTOR consents to jurisdiction in the State of Illinois and venue in any State or Federal Court in the County of Xxxx for such purposes, and GRANTOR waives any and all rights to contest said jurisdiction and venue. GRANTOR further waives any rights to commence any action against MLBFS in any jurisdiction except in the County of Xxxx and State of Illinois. MLBFS and GRANTOR hereby each expressly waive any and all rights to a trial by jury in any action, proceeding or counterclaim brought BY either of the parties against the other party with respect to any matter relating to, arising out of or in any way connected with the Loan Agreement, this Agreement and/or any of the transactions which are the subject matter of the Loan Agreement or this Agreement.
