Common use of S ubmission to Jurisdiction; Service of Process Clause in Contracts

S ubmission to Jurisdiction; Service of Process. Except for disputes subject to arbitration in accordance with the terms hereof, each Party hereby submits generally, unconditionally and exclusively to the jurisdiction of the State of New York in New York County and to the jurisdiction of the federal courts of the United States District Court for the Southern District of New York for the purposes of any action, suit or other proceeding arising out of or based upon this Agreement or the subject matter hereof that is brought by any Party hereto. Each Party consents to service of process by any means authorized by New York law. Service of any process, summons, legal notice or other communication in any judicial or arbitration proceeding may be made in the manner provided herein and shall be deemed effective as provided herein. Each Party hereby expressly waives application of the procedures for service of process pursuant to The Hague Convention for Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Each Party hereby waives and agrees not to assert by way of motion, as a defense or otherwise in any such action, suit or proceeding, any claim that it is not subject to the jurisdiction of the above-named courts, that any of its respective property is exempt or immune from attachment or execution, that any such action, suit or proceeding is brought in an inconvenient forum, that the venue of any such action, suit or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by any of the above-named courts.

Appears in 3 contracts

Samples: Completion Guaranty, Completion Agreement, Completion Guaranty

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S ubmission to Jurisdiction; Service of Process. Except for disputes subject to arbitration in accordance with under the terms hereof, each Party hereby submits generally, unconditionally and exclusively to the jurisdiction of the State of New York in New York County and to the jurisdiction of the federal courts of the United States District Court for the Southern District of New York for the purposes of any action, suit or other proceeding arising out of or based upon this Agreement or the subject matter hereof that is brought by any Party hereto. Each Party consents to service of process by any means authorized by New York law. Service of any process, summons, legal notice notice, or other communication in any judicial or arbitration proceeding may be made in the manner provided herein and shall be deemed effective as provided herein. Each Party hereby expressly waives the application of the procedures for service of process pursuant according to The Hague Convention for Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Each Party hereby waives and agrees not to assert by way of motion, as a defense or otherwise in any such action, suit or proceeding, any claim that it is not subject to the jurisdiction of the above-named courts, that any of its respective property is exempt or immune from attachment or execution, that any such action, suit or proceeding is brought in an inconvenient forum, that the venue of any such action, suit or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by any of the above-named courts.

Appears in 2 contracts

Samples: Completion Guaranty, Completion Guaranty

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S ubmission to Jurisdiction; Service of Process. Except for disputes subject to arbitration in accordance with under the terms hereof, each Party hereby submits generally, unconditionally unconditionally, and exclusively to the jurisdiction of the State of New York in New York County and to the jurisdiction of the federal courts of the United States District Court for the Southern District of New York for the purposes of any action, suit or other proceeding arising out of or based upon this Agreement or the subject matter hereof that is brought by any Party hereto. Each Party consents to service of process by any means authorized by New York law. Service of any process, summons, legal notice notice, or other communication in any judicial or arbitration proceeding may be made in the manner provided herein and shall be deemed effective as provided herein. Each Party hereby expressly waives the application of the procedures for service of process pursuant according to The Hague Convention for Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Each Party hereby waives and agrees not to assert by way of motion, as a defense or otherwise in any such action, suit or proceeding, any claim that it is not subject to the jurisdiction of the above-named courts, that any of its respective property is exempt or immune from attachment or execution, that any such action, suit or proceeding is brought in an inconvenient forum, that the venue of any such action, suit or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by any of the above-named courts.

Appears in 1 contract

Samples: Completion Agreement

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