Common use of Submission to Jurisdiction; Consent to Service of Process; Waiver of Jury Trial Clause in Contracts

Submission to Jurisdiction; Consent to Service of Process; Waiver of Jury Trial. (a) Each Party irrevocably consents and agrees that any action, proceeding, or other litigation by or against the other Party or any other Person with respect to any claim or cause of action based upon or arising out of or related to this Agreement or the Services contemplated hereby, shall be brought and tried exclusively in the federal or state courts located in Hxxxxx County, Texas, and any such legal action or proceeding may be removed to the aforesaid courts. By execution and delivery of the Agreement, each Party irrevocably submits to the exclusive jurisdiction of such courts and hereby submits to the jurisdiction of such courts, and waives (a) any objection which it may now or hereafter have to the laying of venue with respect any such action, proceeding, or litigation arising out of or in connection with this Agreement or the Services contemplated hereby brought in the aforesaid courts, and (b) any right to stay or dismiss any such action, proceeding, or litigation brought before the aforesaid courts on the basis of forum non-conveniens. Each Party further agrees that personal jurisdiction over it may be affected by service of process by certified mail, postage prepaid, addressed as provided in Section 10.4 of this Agreement. The Parties hereby irrevocably waive, to the fullest extent permitted by applicable Law, any objection which either Party may now or hereafter have to the laying of venue of any such action or proceeding brought in such court or any defense of inconvenient forum for the maintenance of such dispute. Each of the Parties agrees that a judgment in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law.

Submission to Jurisdiction; Consent to Service of Process; Waiver of Jury Trial. (a) Each Party The parties hereto hereby irrevocably consents and agrees that any action, proceeding, or other litigation by or against the other Party or any other Person with respect to any claim or cause of action based upon or arising out of or related to this Agreement or the Services contemplated hereby, shall be brought and tried exclusively in the federal or state courts located in Hxxxxx County, Texas, and any such legal action or proceeding may be removed to the aforesaid courts. By execution and delivery of the Agreement, each Party irrevocably submits submit to the exclusive jurisdiction of such the courts of the State of Nevada and the Federal courts of the United States of America located in the State of Nevada, the place where this Agreement was entered and is to be performed, in respect of the interpretation and enforcement of the provisions of this Agreement and of the documents referred to herein, and in respect of the Transactions, and hereby submits waive, and agree not to assert, as a defense in any action, suit or proceeding for the jurisdiction of interpretation or enforcement hereof or thereof, that it is not subject thereto or that such action, suit or proceeding may not be brought or is not maintainable in said courts or that the venue thereof may not be appropriate or that this Agreement or any such document may not be enforced in or by such courts, and waives (a) any objection which it may now or hereafter have to the laying of venue parties hereto irrevocably agree that all claims with respect to such action or proceeding shall be heard and determined in such a Nevada or Federal court. The parties hereto hereby consent to and grant any such action, proceeding, court jurisdiction over the person of such parties and over the subject matter of such dispute and agree that mailing of process or litigation arising out of or other papers in connection with this Agreement or the Services contemplated hereby brought in the aforesaid courts, and (b) any right to stay or dismiss any such action, proceeding, or litigation brought before the aforesaid courts on the basis of forum non-conveniens. Each Party further agrees that personal jurisdiction over it may be affected by service of process by certified mail, postage prepaid, addressed as provided in Section 10.4 of this Agreement. The Parties hereby irrevocably waive, to the fullest extent permitted by applicable Law, any objection which either Party may now or hereafter have to the laying of venue of any such action or proceeding brought in the manner provided in Section 8.2 or in such court or any defense of inconvenient forum for the maintenance of such dispute. Each of the Parties agrees that a judgment in any such dispute other manner as may be enforced permitted by Applicable Law, shall be valid and sufficient service thereof. With respect to any particular action, suit or proceeding, venue shall lie solely in other jurisdictions by suit on the judgment Xxxxx County Nevada. A party hereto may apply either to a court of competent jurisdiction or in any other manner provided by Lawto an arbitrator, if one has been appointed, for prejudgment remedies and emergency relief pending final determination of a claim pursuant to this Section 8.10. The appointment of an arbitrator does not preclude a party hereto from seeking prejudgment remedies and emergency relief from a court of competent jurisdiction.

Submission to Jurisdiction; Consent to Service of Process; Waiver of Jury Trial. (a) Each Party irrevocably consents and agrees that any action, proceeding, or other litigation by or against the other Party or any other Person with respect to any claim or cause of action based upon or arising out of or related to this Agreement or the Services contemplated hereby, shall be brought and tried exclusively in the federal or state courts located in Hxxxxx Tulsa County, TexasOklahoma, and any such legal action or proceeding may be removed to the aforesaid courts. By execution and delivery of the Agreement, each Party irrevocably submits to the exclusive jurisdiction of such courts and hereby submits to the jurisdiction of such courts, and waives (a) any objection which it may now or hereafter have to the laying of venue with respect any such action, proceeding, or litigation arising out of or in connection with this Agreement or the Services contemplated hereby brought in the aforesaid courts, and (b) any right to stay or dismiss any such action, proceeding, or litigation brought before the aforesaid courts on the basis of forum non-conveniens. Each Party further agrees that personal jurisdiction over it may be affected by service of process by certified mail, postage prepaid, addressed as provided in Section 10.4 9.4 of this Agreement. The Parties hereby irrevocably waive, to the fullest extent permitted by applicable Law, any objection which either Party may now or hereafter have to the laying of venue of any such action or proceeding brought in such court or any defense of inconvenient forum for the maintenance of such dispute. Each of the Parties agrees that a judgment in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law.

Submission to Jurisdiction; Consent to Service of Process; Waiver of Jury Trial. (a) Each Party The parties hereto hereby irrevocably consents and agrees that any action, proceeding, or other litigation by or against the other Party or any other Person with respect to any claim or cause of action based upon or arising out of or related to this Agreement or the Services contemplated hereby, shall be brought and tried exclusively in the federal or state courts located in Hxxxxx County, Texas, and any such legal action or proceeding may be removed to the aforesaid courts. By execution and delivery of the Agreement, each Party irrevocably submits submit to the exclusive jurisdiction of such the courts of the State of New York and the Federal courts of the United States of America located in the State of New York, the place where this Agreement was entered and is to be performed, in respect of the interpretation and enforcement of the provisions of this Agreement and of the documents referred to herein, and in respect of the Transactions, and hereby submits waive, and agree not to assert, as a defense in any action, suit or proceeding for the jurisdiction of interpretation or enforcement hereof or thereof, that it is not subject thereto or that such action, suit or proceeding may not be brought or is not maintainable in said courts or that the venue thereof may not be appropriate or that this Agreement or any such document may not be enforced in or by such courts, and waives (a) any objection which it may now or hereafter have to the laying of venue parties hereto irrevocably agree that all claims with respect to such action or proceeding shall be heard and determined in such a New York State or Federal court. The parties hereto hereby consent to and grant any such action, proceeding, court jurisdiction over the person of such parties and over the subject matter of such dispute and agree that mailing of process or litigation arising out of or other papers in connection with this Agreement or the Services contemplated hereby brought in the aforesaid courts, and (b) any right to stay or dismiss any such action, proceeding, or litigation brought before the aforesaid courts on the basis of forum non-conveniens. Each Party further agrees that personal jurisdiction over it may be affected by service of process by certified mail, postage prepaid, addressed as provided in Section 10.4 of this Agreement. The Parties hereby irrevocably waive, to the fullest extent permitted by applicable Law, any objection which either Party may now or hereafter have to the laying of venue of any such action or proceeding brought in the manner provided in Section 9.2 or in such court or any defense of inconvenient forum for the maintenance of such dispute. Each of the Parties agrees that a judgment in any such dispute other manner as may be enforced permitted by Applicable Law, shall be valid and sufficient service thereof. With respect to any particular action, suit or proceeding, venue shall lie solely in other jurisdictions by suit on the judgment County of New York, New York. A party hereto may apply either to a court of competent jurisdiction or in any other manner provided by Lawto an arbitrator, if one has been appointed, for prejudgment remedies and emergency relief pending final determination of a claim pursuant to this Section 9.11. The appointment of an arbitrator does not preclude a party hereto from seeking prejudgment remedies and emergency relief from a court of competent jurisdiction.

Submission to Jurisdiction; Consent to Service of Process; Waiver of Jury Trial. Except as otherwise specifically provided under Sections 2.7(b), 2.8 (a) Each Party irrevocably consents and agrees that any action, proceeding, or other litigation by or against the other Party or any other Person with respect to clauses (a)(iii) and (b)(iii) of Schedule 2.8) and 8.5(g), the parties hereto hereby irrevocably submit to the non-exclusive jurisdiction of any claim federal or cause state court located within the State of action based upon or Nebraska over any dispute arising out of or related relating to this Agreement or any of the Services transactions contemplated herebyhereby and each party hereby irrevocably agrees that all claims in respect of such dispute or any suit, shall be brought and tried exclusively in the federal or state courts located in Hxxxxx County, Texas, and any such legal action or proceeding related thereto may be removed to the aforesaid heard and determined in such courts. By execution and delivery of the Agreement, each Party irrevocably submits to the exclusive jurisdiction of such courts and hereby submits to the jurisdiction of such courts, and waives (a) any objection which it may now or hereafter have to the laying of venue with respect any such action, proceeding, or litigation arising out of or in connection with this Agreement or the Services contemplated hereby brought in the aforesaid courts, and (b) any right to stay or dismiss any such action, proceeding, or litigation brought before the aforesaid courts on the basis of forum non-conveniens. Each Party further agrees that personal jurisdiction over it may be affected by service of process by certified mail, postage prepaid, addressed as provided in Section 10.4 of this Agreement. The Parties parties hereby irrevocably waive, to the fullest extent permitted by applicable Lawlaw, any objection which either Party they may now or hereafter have to the laying of venue of any such action or proceeding dispute brought in such court or any defense of inconvenient forum for the maintenance of such dispute. Each of the Parties parties hereto agrees that a judgment in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Lawlaw. · Each of the parties hereto hereby consents to process being served by any party to this Agreement in any suit, action or proceeding by delivery of a copy thereof in accordance with the provisions of Section 10.7. · THE PARTIES TO THIS AGREEMENT EACH HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION (i) ARISING UNDER THIS AGREEMENT OR (ii) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO IN RESPECT OF THIS AGREEMENT OR ANY OF THE TRANSACTIONS RELATED HERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER IN CONTRACT, TORT, EQUITY, OR OTHERWISE. THE PARTIES TO THIS AGREEMENT EACH HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY AND THAT THE PARTIES TO THIS AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OF A COPY OF THIS AGREEMENT WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY.

Submission to Jurisdiction; Consent to Service of Process; Waiver of Jury Trial. (a) Each Party The parties hereby irrevocably consents submit to the exclusive jurisdiction of the federal and agrees state courts in the State of New York over all claims, disputes or causes of action (whether in contract or tort or otherwise) that any actionmay be based upon, proceeding, arise out of or other litigation by or against the other Party relate to this Agreement or any other Person with respect to Related Document or the negotiation, execution or performance of this Agreement or any Related Document (including any claim or cause of action action, whether in contract or tort or otherwise, based upon or upon, arising out of or related to this Agreement any representation or the Services contemplated hereby, shall be brought and tried exclusively warranty made in the federal or state courts located in Hxxxxx County, Texas, and any such legal action or proceeding may be removed to the aforesaid courts. By execution and delivery of the Agreement, each Party irrevocably submits to the exclusive jurisdiction of such courts and hereby submits to the jurisdiction of such courts, and waives (a) any objection which it may now or hereafter have to the laying of venue with respect any such action, proceeding, or litigation arising out of or in connection with this Agreement Agreement, any Related Document or the Services contemplated as an inducement to enter into this Agreement) and each party hereby brought irrevocably agrees that all suits, claims, actions and proceedings in the aforesaid courts, and (b) any right to stay or dismiss respect of any such claim, dispute or cause of action, proceedingor any suit, action or litigation brought before the aforesaid courts on the basis of forum non-conveniens. Each Party further agrees that personal jurisdiction over it may proceeding related thereto (whether in contract or tort or otherwise, except pursuant to Section 2.5(c) above) shall be affected by service of process by certified mail, postage prepaid, addressed as provided heard exclusively and determined in Section 10.4 of this Agreementsuch courts. The Parties parties hereby irrevocably waive, to the fullest extent permitted by applicable Law, any objection which either Party that they may now or hereafter have to the laying of venue of any such suit, action or proceeding brought in such court or any defense of inconvenient forum for the maintenance of any such disputesuit, action or proceeding. Each of the Parties parties agrees that a final judgment in any such dispute suit, action or proceeding shall be conclusive and may be enforced in any other jurisdictions jurisdiction by suit on the judgment or in any other manner provided by applicable Law.

Submission to Jurisdiction; Consent to Service of Process; Waiver of Jury Trial. (a) Each Party The parties hereto hereby irrevocably consents and agrees that any action, proceeding, or other litigation by or against the other Party or any other Person with respect to any claim or cause of action based upon or arising out of or related to this Agreement or the Services contemplated hereby, shall be brought and tried exclusively in the federal or state courts located in Hxxxxx County, Texas, and any such legal action or proceeding may be removed to the aforesaid courts. By execution and delivery of the Agreement, each Party irrevocably submits submit to the exclusive jurisdiction of such courts and hereby submits the Chancery Court of the State of Delaware (or of the United States District Court for the District of Delaware, to the jurisdiction extent the Chancery Court of such courtsthe State of Delaware does not have jurisdiction) and, and waives (a) in the case of appeals, appropriate appellate courts therefrom, over any objection which it may now or hereafter have to the laying of venue with respect any such action, proceeding, or litigation dispute arising out of or in connection with relating to this Agreement or any of the Services transactions contemplated hereby, and each party hereby brought irrevocably agrees that all claims in respect of such dispute or any suit, action proceeding related thereto shall be heard and determined in the aforesaid courtsChancery Court of the State of Delaware (or in the United States District Court for the District of Delaware, and (bto the extent the Chancery Court of the State of Delaware does not have jurisdiction) any right to stay or dismiss any such actionand, proceedingin the case of appeals, or litigation brought before the aforesaid appropriate appellate courts on the basis of forum non-conveniens. Each Party further agrees that personal jurisdiction over it may be affected by service of process by certified mail, postage prepaid, addressed as provided in Section 10.4 of this Agreementtherefrom. The Parties parties hereby irrevocably waive, to the fullest extent permitted by applicable Law, any objection which either Party they may now or hereafter have to the laying of venue of any such action or proceeding dispute brought in such court or any defense of inconvenient forum for the maintenance of such dispute. Each of the Parties parties hereto agrees that a judgment in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law.