Submission to Exclusive Jurisdiction. In the event either (i) Investor brings an action to collect amounts that are due under this Agreement or (ii) the preceding, binding arbitration clause shall be deemed unenforceable, each of the Parties submits to the exclusive jurisdiction of the state or federal courts located in Xxxx County, Illinois, in any action or proceeding arising out of, or relating to, this Agreement or the dealings between the Parties, agrees that all claims in respect of the action or proceeding may be heard and determined exclusively in these two courts and agrees not to bring any action or proceeding arising out of, or relating to, this Agreement or the Parties in any other court. Each of the Parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety or other security that might be required of any other party with respect thereto. Each party agrees that service of summons and complaint or any other process that might be served in any action or proceeding may be made on such party by sending or delivering a copy of the process to the party to be served at the address of the party and in the manner provided for the giving of notices. Nothing in this, however, shall affect the right of any party to serve legal process in any other manner permitted by law. The Parties agree that a final judgment in any action so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by law.
Submission to Exclusive Jurisdiction. Except as set forth below, no Claim may be commenced, prosecuted or continued in any court other than the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York, which courts shall have exclusive jurisdiction over the adjudication of such matters, and each party to this Agreement consents to the jurisdiction of such courts and personal service with respect thereto. Each party to this Agreement hereby consents to personal jurisdiction, service and venue in any court in which any Claim arising out of or in any way relating to this Agreement is brought by any third party against any indemnified party. Each Underwriter and the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates) waive all right to trial by jury in any action, proceeding or counterclaim (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Agreement. Each Underwriter and the Company agrees that a final judgment in any such action, proceeding or counterclaim brought in any such court shall be conclusive and binding upon such party and may be enforced in any other courts to the jurisdiction of which the Company is or may be subject, by suit upon such judgment.
Submission to Exclusive Jurisdiction. Each of the parties irrevocably agrees that any legal action or proceeding arising out of or relating to this Agreement or for recognition and enforcement of any judgment in respect hereof brought by any other party or its successors or assigns must be brought and determined in any Delaware State or federal court sitting in Delaware, and each of the parties hereby irrevocably submits to the exclusive jurisdiction of the aforesaid courts for itself and with respect to its property, generally and unconditionally, with regard to any such action or proceeding arising out of or relating to this Agreement and the transactions contemplated hereby. Each of the parties further agrees to accept service of process in any manner permitted by such courts. Each of the parties hereby irrevocably and unconditionally waives, and agrees not to assert, by way of motion or as a defense, counterclaim, or otherwise, in any action or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby, (a) any claim that it is not personally subject to the jurisdiction of the above-named courts for any reason other than the failure lawfully to serve process, (b) that it or its property is exempt or immune from jurisdiction of any such court or from any legal process commenced in any such court (whether through service of notice, attachment prior to judgment, attachment in aid of execution of judgment, execution of judgment, or otherwise) and (c) to the fullest extent permitted by law, that (i) the suit, action, or proceeding in any such court is brought in an inconvenient forum, (ii) the venue or forum of such suit, action, or proceeding is improper, or (iii) this Agreement, or the subject matter hereof, may not be enforced in or by any such court.
Submission to Exclusive Jurisdiction. With respect to actions and proceedings to enforce the provisions of, arising from, or relating to this Agreement or the transactions contemplated hereby, each of the parties hereto consents to personal jurisdiction in the state or federal courts of Vermont and irrevocably agrees that all such actions and proceedings shall be litigated exclusively in such courts. Further, each of the parties hereto waives any objection that it may have to the conduct of any action or proceeding in any such court based on improper venue or FORUM NON CONVENIENS. Each of the parties hereto waives personal service of any and all process upon it and agrees that valid service of process may be made by mail or courier service directed to it at the address set forth herein and that service so made shall be deemed to be completed upon the earlier of actual receipt or ten (10) days after the same shall have been posted.
Submission to Exclusive Jurisdiction. With respect to actions and proceedings to enforce the provisions of, arising from, or relating to this Agreement or the transactions contemplated hereby, each of the parties hereto consents to personal jurisdiction in the state or federal courts of Vermont and irrevocably agrees that all such actions and proceedings shall be litigated exclusively in such courts. Further, each of the parties hereto waives any objection that it may have to the conduct of any action or proceeding in any such court based on improper venue
Submission to Exclusive Jurisdiction. EACH OF THE PARTIES IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN XXXXXX COUNTY IN THE STATE OF TEXAS FOR THE PURPOSES OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF THIS AGREEMENT FOR WHICH RECOURSE TO THE COURTS IS PROVIDED FOR UNDER THIS AGREEMENT OR APPLICABLE LAW. EACH OF THE PARTIES HERETO FURTHER AGREES THAT ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF SECTIONS 6 AND 7 OF THIS AGREEMENT THAT IS NOT BOUND BY ARBITRATION AS PROVIDED FOR IN SECTION 9(K) ABOVE SHALL BE HEARD AND DETERMINED ONLY IN SUCH COURTS AND AGREES NOT TO BRING ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF THIS AGREEMENT IN ANY COURT OF ANY OTHER JURISDICTION. EACH OF THE PARTIES HERETO AGREES THAT SERVICE OF ANY PROCESS, SUMMONS, NOTICE OR DOCUMENT BY U.S. REGISTERED MAIL TO SUCH PARTY’S RESPECTIVE ADDRESS SET FORTH ABOVE SHALL BE EFFECTIVE SERVICE OF PROCESS FOR ANY ACTION, SUIT OR PROCEEDING IN THE STATE OF TEXAS WITH RESPECT TO ANY MATTERS TO WHICH IT HAS SUBMITTED TO JURISDICTION IN THIS SECTION 9(L). EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY OBJECTION TO THE LAYING OF VENUE OF ANY ACTION, SUIT OR PROCEEDING ARISING OUT OF THIS AGREEMENT, ANY RELATED DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY AND THEREBY IN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF TEXAS, AND HEREBY AND THEREBY FURTHER IRREVOCABLY AND UNCONDITIONALLY WAIVES AND AGREES NOT TO PLEAD OR CLAIM IN ANY SUCH COURT THAT ANY SUCH ACTION, SUIT OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. EACH OF THE PARTIES HERETO AGREES THAT EITHER OR ALL OF THEM MAY FILE A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED AGREEMENT AMONG THE PARTIES IRREVOCABLY TO WAIVE ANY OBJECTIONS TO VENUE OR TO CONVENIENCE OF FORUM.
Submission to Exclusive Jurisdiction. Each of the parties irrevocably and unconditionally agrees that the New Zealand courts have the non-exclusive jurisdiction to hear and determine each suit, action or proceeding (Proceedings), and to settle disputes, which may arise out of or in connection with this Agreement and for those purposes irrevocably and unconditionally submits to the jurisdiction of the New Zealand courts.
Submission to Exclusive Jurisdiction. For any actions arising hereunder, all parties agree that suit will only be filed in a state or federal court sitting in the County of Los Angeles, California, and all parties agree to submit to the personal jurisdiction of such courts.
Submission to Exclusive Jurisdiction. With respect to any claim arising out of this Agreement each party (a) irrevocably submits to the exclusive jurisdiction of the courts of the State of Texas and the United States District Courts located in the City of Houston, texas, and irrevocably waives (i) any objection which it may have at anytime to the laying of venue of any suit, action or proceeding brought in any such court, (ii) any claim that any such suit, action or proceeding brought in any such court has been brought in any inconvenient forum and (iii) the right to object with respect to such claim, suit, action or proceeding brought in any such court, that such court does not have the jurisdiction over such party.
