Sole and Exclusive Venue. Confidential information has been omitted. Subject to ARTICLE 18 and ARTICLE 20, each Party irrevocably agrees that any legal action, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in the United States District Court for the Southern District of New York or in the state courts of the State of New York and irrevocably accepts and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in personam, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party; provided, however, that this Section shall not prevent a Party against whom any legal action, suit or proceeding is brought by the other Party from seeking to remove such legal action, suit or proceeding, pursuant to applicable federal law, to the district court of the United States of America for the district and division embracing the place where the action is pending in the state courts of New York, and in the event an action is so removed each Party irrevocably accepts and submits to the jurisdiction of the aforesaid district court. Each Party hereto further irrevocably consents to the service of process from any of the aforesaid courts by mailing copies thereof by registered or certified mail, postage prepaid, to such Party at its address designated pursuant to Section 26.01, with such service of process to become effective [***]* after such mailing.
Sole and Exclusive Venue. Subject to the provisions of Section 16.0 and Section 18.0, each Party irrevocably agrees that any legal action, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in United States District Court for the Central District of California or in the state courts of the State of California and irrevocably accepts and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in personam, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party; provided, however, that this Section shall not prevent a Party against whom any legal action, suit or proceeding is brought by the other Party from seeking to remove such legal action, suit or proceeding, pursuant to applicable federal law, to the district court of the United States of America for the district and division embracing the place where the action is pending in the state courts of California, and in the event an action is so removed each Party irrevocably accepts and submits to the jurisdiction of the aforesaid district court. Each Party hereto further irrevocably consents to the service of process from any of the aforesaid courts by mailing copies thereof by registered or certified mail, postage prepaid, to such Party at its address designated pursuant to Section 22.1 of this Agreement, with such service of process to become effective 30 days after receipt of such mailing.
Sole and Exclusive Venue. Each Party irrevocably agrees that Section 8.6 of the SPA shall be effective under this Agreement as if set forth in full herein.
Sole and Exclusive Venue. Each party irrevocably agrees that any legal action, suit or proceeding or alternate dispute resolution brought by it in any way arising out of this Agreement must be brought solely and exclusively in the United States District Court for the Central District of California, or in the state courts of the State of California for Los Angeles County and irrevocably accepts and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in persona, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other party.
Sole and Exclusive Venue. Each Party irrevocably agrees that any legal action, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively before the American Arbitration Association, as such procedure is set forth in Article 23.
Sole and Exclusive Venue. Each Party irrevocably agrees that any legal action, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in the United States District Court for the Southern District of New York or in the state courts of the State of New York and irrevocably accepts and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in personam, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party; provided, however, that this Section shall not prevent a Party against whom any legal action, suit or proceeding is brought by the other Party in the state courts of the State of New York from seeking to remove such legal action, suit or proceeding, pursuant to applicable Federal Law, to the district court of the United States for the district and division embracing the place where the action is pending in the state courts of the State of New York, and in the event an action is so removed each Party irrevocably accepts and submits to the jurisdiction of the aforesaid district court. EMW hereby irrevocably consents to the service of process from any of the aforesaid courts by mailing copies thereof by registered or certified mail, postage prepaid, to EMW at its address designated pursuant to SECTION 29.02, with such service of process to become effective 30 days after such mailing. IBM hereby irrevocably consents to the service of process from any of the aforesaid courts by mailing copies thereof by registered or certified mail, postage prepaid, to IBM at: The IBM Assistant General Counsel and Secretary Service of Process Attention: Xxxxx Xxxxxx, Mail Drop 000 Xxx Xxxxxxx Xxxx Xxxxxx, Xxx Xxxx 00000 or such other address as IBM may notify EMW in writing from time to time, and in any event with copies to the addresses designated by IBM in SECTION 29.02, with such service of process to become effective 30 days after such mailing. Each Party hereto further expressly waives any right to a trial by jury in any proceeding directly or indirectly arising under this Agreement.
Sole and Exclusive Venue. Each Party irrevocably agrees that any legal action, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in the state and federal courts of the State of Washington and each Party irrevocably accepts and submits to the sole and exclusive jurisdiction of such court in personam, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party. Each Party hereto further irrevocably consents to the service of process from such court by registered or certified mail, postage prepaid, to such Party at its address designated pursuant to Section 12.2 of this Agreement.
Sole and Exclusive Venue. Each Party irrevocably agrees that any legal action, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in the United States District Court for the Northern District of Ohio or Court of Common Pleas for Xxxxx County located in Toledo, Ohio and irrevocably accepts and submits to the sole and exclusive jurisdiction of each such court in personam, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other Party; provided that this Section will not prevent a Party against whom any legal action, suit or proceeding is brought by the other Party in the state courts of the State of Ohio from seeking to remove such legal action, suit or proceeding, under applicable federal Law, to the district court of the United States for the district and division embracing the place where the action is pending in the state courts of the State of Ohio, and if an action is so removed each Party irrevocably accepts and submits to the jurisdiction of that district court. Each Party hereto further irrevocably consents to the service of process from any of such courts by mailing copies thereof by registered or certified mail, postage prepaid, to such Party at its address designated under this Agreement, with such service of process to become effective 30 days after such mailing.
Sole and Exclusive Venue. Subject to the provisions of this Article, each Party irrevocably agrees that any legal action, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in the United States District Court for the Northern District of Texas (Dallas Division) or in the state courts of the State of Texas located in Dallas County, Texas, and each Party irrevocably accepts and submits to the sole and exclusive jurisdiction of such courts in personam, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.
Sole and Exclusive Venue. Subject to the terms of this Section 12, each Party knowingly, voluntarily, unconditionally and irrevocably (a) agrees that any claim or cause of action brought by it that arises out of or relates to the Product, the Services or the Agreement must be brought solely and exclusively in the San Antonio Division of the United States District Court for the Western District of Texas or in the state courts of the State of Texas located in Bexar County, Texas, and (b) accepts and submits to the sole and exclusive jurisdiction of such courts in personam with respect to any claim or cause of action brought by it or against it by the other Party.
