Common use of Submission to Jurisdiction; Selection of Forum Clause in Contracts

Submission to Jurisdiction; Selection of Forum. ANY ACTION OR PROCEEDING FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTAINED IN OR CONTEMPLATED BY THIS AGREEMENT, WHETHER IN TORT OR CONTRACT OR AT LAW OR IN EQUITY, SHALL BE BROUGHT IN EITHER THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OR IN A NEW YORK STATE COURT SITTING IN NEW YORK COUNTY (EACH, A “CHOSEN COURT”), AND EACH PARTY IRREVOCABLY (A) SUBMITS TO THE JURISDICTION OF THE CHOSEN COURTS (AND OF THEIR APPROPRIATE APPELLATE COURTS), (B) WAIVES ANY OBJECTION TO LAYING VENUE IN ANY SUCH ACTION OR PROCEEDING IN EITHER CHOSEN COURT, (C) WAIVES ANY OBJECTION THAT SUCH CHOSEN COURT IS AN INCONVENIENT FORUM FOR THE ACTION OR PROCEEDING, AND (D) AGREES THAT, IN ADDITION TO OTHER METHODS OF SERVICE PROVIDED BY LAW, SERVICE OF PROCESS IN ANY SUCH ACTION OR PROCEEDING SHALL BE EFFECTIVE, SUBJECT TO APPLICABLE LAW, IF PROVIDED IN ACCORDANCE WITH SECTION 6.01 OF THIS AGREEMENT, AND THE EFFECTIVE DATE OF SUCH SERVICE OF PROCESS SHALL BE AS SET FORTH IN SECTION 6.01.

Submission to Jurisdiction; Selection of Forum. EACH PARTY HERETO (A) AGREES THAT IT SHALL BRING ANY ACTION OR PROCEEDING FOR IN RESPECT OF ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTAINED IN OR CONTEMPLATED BY THIS AGREEMENT, WHETHER IN TORT OR CONTRACT OR AT LAW OR IN EQUITY, SHALL BE BROUGHT EXCLUSIVELY IN EITHER (I) THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN MIDDLE DISTRICT OF NEW YORK PENNSYLVANIA OR IN A NEW YORK THE EVENT THAT SUCH COURT LACKS SUBJECT MATTER JURISDICTION OVER THE ACT OR PROCEEDING, (II) IN AN APPROPRIATE STATE COURT SITTING LOCATED IN NEW YORK COUNTY DAUPHIN COUNTY, PENNSYLVANIA (EACH, A “SUCH COURT IS HEREAFTER REFERRED TO AS THE "CHOSEN COURT”), " AND EACH PARTY (B) IRREVOCABLY (A) SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE CHOSEN COURTS (AND OF THEIR APPROPRIATE APPELLATE COURTS)COURT, (BC) WAIVES WAIVES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION TO LAYING VENUE IN ANY SUCH ACTION OR PROCEEDING IN EITHER THE CHOSEN COURT, (CD) WAIVES ANY OBJECTION ARGUMENT THAT SUCH THE CHOSEN COURT IS AN INCONVENIENT FORUM FOR THE ACTION OR PROCEEDINGDOES NOT HAVE JURISDICTION OVER ANY PARTY THERETO, AND (DE) AGREES THAT, IN ADDITION TO OTHER METHODS OF THAT SERVICE PROVIDED BY LAW, SERVICE OF OR PROCESS UPON ANY PARTY IN ANY SUCH ACTION OR PROCEEDING SHALL BE EFFECTIVE, SUBJECT TO APPLICABLE LAW, EFFECTIVE IF PROVIDED NOTICE IS GIVEN IN ACCORDANCE WITH SECTION 6.01 16 OF THIS AGREEMENT, AND THE EFFECTIVE DATE OF SUCH SERVICE OF PROCESS SHALL BE AS SET FORTH IN SECTION 6.01.

Submission to Jurisdiction; Selection of Forum. EACH PARTY HERETO (A) AGREES THAT IT SHALL BRING ANY ACTION OR PROCEEDING FOR IN RESPECT OF ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTAINED IN OR CONTEMPLATED BY THIS AGREEMENT, WHETHER IN TORT OR CONTRACT OR AT LAW OR IN EQUITY, SHALL BE BROUGHT EXCLUSIVELY IN EITHER (I) THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK COLORADO OR IN A NEW YORK THE EVENT THAT SUCH COURT LACKS SUBJECT MATTER JURISDICTION OVER THE ACTION OR PROCEEDING, (II) IN AN APPROPRIATE STATE COURT SITTING LOCATED IN NEW YORK COUNTY DENVER COUNTY, COLORADO (EACH, A SUCH COURT IS HEREAFTER REFERRED TO AS THE “CHOSEN COURT”), ) AND EACH PARTY (B) IRREVOCABLY (A) SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE CHOSEN COURTS (AND OF THEIR APPROPRIATE APPELLATE COURTS)COURT, (BC) WAIVES WAIVES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION TO LAYING VENUE IN ANY SUCH ACTION OR PROCEEDING IN EITHER THE CHOSEN COURT, (CD) WAIVES ANY OBJECTION ARGUMENT THAT SUCH THE CHOSEN COURT IS AN INCONVENIENT FORUM FOR THE ACTION OR PROCEEDINGDOES NOT HAVE JURISDICTION OVER ANY PARTY THERETO, AND (DE) AGREES THAT, IN ADDITION TO OTHER METHODS OF THAT SERVICE PROVIDED BY LAW, SERVICE OF OR PROCESS UPON ANY PARTY IN ANY SUCH ACTION OR PROCEEDING SHALL BE EFFECTIVE, SUBJECT TO APPLICABLE LAW, EFFECTIVE IF PROVIDED NOTICE IS GIVEN IN ACCORDANCE WITH SECTION 6.01 16 OF THIS AGREEMENT, AND THE EFFECTIVE DATE OF SUCH SERVICE OF PROCESS SHALL BE AS SET FORTH IN SECTION 6.01.

Submission to Jurisdiction; Selection of Forum. EACH PARTY HERETO AGREES THAT IT SHALL BRING ANY ACTION OR PROCEEDING FOR IN RESPECT OF ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTAINED IN OR CONTEMPLATED BY THIS AGREEMENT, WHETHER IN TORT OR CONTRACT OR AT LAW OR IN EQUITY, SHALL BE BROUGHT EXCLUSIVELY IN EITHER ANY OF XXX XXXXXX XX XXX XXXXX XX XXX XXXX LOCATED IN NEW YORK COUNTY OR ANY OF THE FEDERAL COURTS OF THE UNITED STATES DISTRICT COURT FOR OF AMERICA LOCATED IN THE SOUTHERN DISTRICT OF NEW YORK OR IN A NEW YORK STATE COURT SITTING IN NEW YORK COUNTY (EACH, A THE “CHOSEN COURTCOURTS”), ) AND EACH PARTY (I) IRREVOCABLY (A) SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE CHOSEN COURTS (AND OF THEIR APPROPRIATE APPELLATE COURTS), (BII) WAIVES ANY OBJECTION TO LAYING VENUE IN ANY SUCH ACTION OR PROCEEDING IN EITHER THE CHOSEN COURTCOURTS, (CIII) WAIVES ANY OBJECTION THAT SUCH THE CHOSEN COURT IS COURTS ARE AN INCONVENIENT FORUM FOR THE ACTION OR PROCEEDING, DO NOT HAVE JURISDICTION OVER ANY PARTY HERETO AND (DIV) AGREES THAT, IN ADDITION TO OTHER METHODS OF SERVICE PROVIDED BY LAW, THAT SERVICE OF PROCESS UPON SUCH PARTY IN ANY SUCH ACTION OR PROCEEDING SHALL BE EFFECTIVE, SUBJECT TO APPLICABLE LAW, EFFECTIVE IF PROVIDED NOTICE IS GIVEN IN ACCORDANCE WITH SECTION 6.01 9.4 OF THIS AGREEMENT, AND THE EFFECTIVE DATE OF SUCH SERVICE OF PROCESS SHALL BE AS SET FORTH IN SECTION 6.01.

Submission to Jurisdiction; Selection of Forum. EACH PARTY HERETO AGREES THAT IT SHALL BRING ANY ACTION OR PROCEEDING FOR IN RESPECT OF ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTAINED IN OR CONTEMPLATED BY THIS AGREEMENT, WHETHER IN TORT OR CONTRACT OR AT LAW OR IN EQUITY, SHALL BE BROUGHT EXCLUSIVELY IN EITHER ANY OF XXX XXXXXX XX XXX XXXXX XX XXX XXXX LOCATED IN NEW YORK COUNTY OR ANY OF THE FEDERAL COURTS OF THE UNITED STATES DISTRICT COURT FOR OF AMERICA LOCATED IN THE SOUTHERN DISTRICT OF NEW YORK OR IN A NEW YORK STATE COURT SITTING IN NEW YORK COUNTY (EACH, A THE “CHOSEN COURT”), COURTS“) AND EACH PARTY (I) IRREVOCABLY (A) SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE CHOSEN COURTS (AND OF THEIR APPROPRIATE APPELLATE COURTS), (BII) WAIVES ANY OBJECTION TO LAYING VENUE IN ANY SUCH ACTION OR PROCEEDING IN EITHER THE CHOSEN COURTCOURTS, (CIII) WAIVES ANY OBJECTION THAT SUCH THE CHOSEN COURT IS COURTS ARE AN INCONVENIENT FORUM FOR THE ACTION OR PROCEEDING, DO NOT HAVE JURISDICTION OVER ANY PARTY HERETO AND (DIV) AGREES THAT, IN ADDITION TO OTHER METHODS OF SERVICE PROVIDED BY LAW, THAT SERVICE OF PROCESS UPON SUCH PARTY IN ANY SUCH ACTION OR PROCEEDING SHALL BE EFFECTIVE, SUBJECT TO APPLICABLE LAW, EFFECTIVE IF PROVIDED NOTICE IS GIVEN IN ACCORDANCE WITH SECTION 6.01 9.4 OF THIS AGREEMENT, AND THE EFFECTIVE DATE OF SUCH SERVICE OF PROCESS SHALL BE AS SET FORTH IN SECTION 6.01.

Submission to Jurisdiction; Selection of Forum. EACH PARTY HERETO AGREES THAT IT SHALL BRING ANY ACTION OR PROCEEDING FOR IN RESPECT OF ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTAINED IN OR CONTEMPLATED BY THIS AGREEMENT, WHETHER IN TORT OR CONTRACT OR AT LAW OR IN EQUITY, SHALL BE BROUGHT EXCLUSIVELY IN EITHER THE UNITED STATES DISTRICT ANY STATE OR FEDERAL COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OR IN A NEW YORK STATE COURT COMPETENT JURISDICTION SITTING IN NEW YORK COUNTY GERMANY AND (EACH, A “CHOSEN COURT”), AND EACH PARTY I) IRREVOCABLY (A) SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE CHOSEN COURTS (AND OF THEIR APPROPRIATE APPELLATE SUCH COURTS), (BU) WAIVES ANY OBJECTION TO OF LAYING VENUE IN ANY SUCH ACTION OR PROCEEDING IN EITHER CHOSEN COURTSUCH COURTS, (CIII) WAIVES ANY OBJECTION THAT SUCH CHOSEN COURT IS COURTS ARE AN INCONVENIENT FORUM FOR THE ACTION FORM OR PROCEEDINGDO NOT HAVE JURISDICTION OVER ANY PARTY HERETO, AND (DIV) AGREES THAT, IN ADDITION TO OTHER METHODS OF SERVICE PROVIDED BY LAW, THAT SERVICE OF PROCESS UPON SUCH PARTY IN ANY SUCH ACTION OR PROCEEDING SHALL BE EFFECTIVE, SUBJECT TO APPLICABLE LAW, EFFECTIVE IF PROVIDED NOTICE IS GIVEN IN ACCORDANCE WITH SECTION 6.01 OF THIS AGREEMENT, AND THE EFFECTIVE DATE OF SUCH SERVICE OF PROCESS SHALL BE AS SET FORTH IN SECTION 6.018.6 HEREOF.

Submission to Jurisdiction; Selection of Forum. EACH PARTY HERETO (A) AGREES THAT IT SHALL BRING ANY ACTION OR PROCEEDING FOR IN RESPECT OF ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTAINED IN OR CONTEMPLATED BY THIS AGREEMENT, WHETHER IN TORT OR CONTRACT OR AT LAW OR IN EQUITY, SHALL BE BROUGHT EXCLUSIVELY IN EITHER (I) THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN MIDDLE DISTRICT OF NEW YORK OR FLORIDA, (II) IN A NEW YORK AN APPROPRIATE FLORIDA STATE COURT SITTING IN NEW YORK COUNTY TAMPA, FLORIDA (EACHSUCH FEDERAL OR STATE COURT IN TAMPA, A FLORIDA IS HEREAFTER REFERRED TO AS THE “CHOSEN COURT”), ) AND EACH PARTY (B) IRREVOCABLY (A) SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE CHOSEN COURTS (AND OF THEIR APPROPRIATE APPELLATE COURTS)COURT, (BC) WAIVES WAIVES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION TO LAYING VENUE IN ANY SUCH ACTION OR PROCEEDING IN EITHER THE CHOSEN COURT, (CD) WAIVES ANY OBJECTION ARGUMENT THAT SUCH THE CHOSEN COURT IS AN INCONVENIENT FORUM FOR THE ACTION OR PROCEEDINGDOES NOT HAVE JURISDICTION OVER ANY PARTY THERETO, AND (DE) AGREES THAT, IN ADDITION TO OTHER METHODS OF THAT SERVICE PROVIDED BY LAW, SERVICE OF OR PROCESS UPON ANY PARTY IN ANY SUCH ACTION OR PROCEEDING SHALL BE EFFECTIVE, SUBJECT TO APPLICABLE LAW, EFFECTIVE IF PROVIDED NOTICE IS GIVEN IN ACCORDANCE WITH SECTION 6.01 9.5 OF THIS AGREEMENT, AND THE EFFECTIVE DATE OF SUCH SERVICE OF PROCESS SHALL BE AS SET FORTH IN SECTION 6.01.

Submission to Jurisdiction; Selection of Forum. EACH PARTY HERETO AGREES THAT IT SHALL BRING ANY ACTION OR PROCEEDING FOR IN RESPECT OF ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTAINED IN OR CONTEMPLATED BY THIS AGREEMENT, WHETHER IN TORT OR CONTRACT OR AT LAW OR IN EQUITY, SHALL BE BROUGHT EXCLUSIVELY IN EITHER ANY OF THX XXXXXX XX XXX XXXXX XX XXX XXXX XOCATED IN NEW YORK COUNTY OR ANY OF THE FEDERAL COURTS OF THE UNITED STATES DISTRICT COURT FOR OF AMERICA LOCATED IN THE SOUTHERN DISTRICT OF NEW YORK OR IN A NEW YORK STATE COURT SITTING IN NEW YORK COUNTY (EACH, A THE “CHOSEN COURTCOURTS”), ) AND EACH PARTY (I) IRREVOCABLY (A) SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE CHOSEN COURTS (AND OF THEIR APPROPRIATE APPELLATE COURTS), (BII) WAIVES ANY OBJECTION TO LAYING VENUE IN ANY SUCH ACTION OR PROCEEDING IN EITHER THE CHOSEN COURTCOURTS, (CIII) WAIVES ANY OBJECTION THAT SUCH THE CHOSEN COURT IS COURTS ARE AN INCONVENIENT FORUM FOR THE ACTION OR PROCEEDING, DO NOT HAVE JURISDICTION OVER ANY PARTY HERETO AND (DIV) AGREES THAT, IN ADDITION TO OTHER METHODS OF SERVICE PROVIDED BY LAW, THAT SERVICE OF PROCESS UPON SUCH PARTY IN ANY SUCH ACTION OR PROCEEDING SHALL BE EFFECTIVE, SUBJECT TO APPLICABLE LAW, EFFECTIVE IF PROVIDED NOTICE IS GIVEN IN ACCORDANCE WITH SECTION 6.01 9.4 OF THIS AGREEMENT, AND THE EFFECTIVE DATE OF SUCH SERVICE OF PROCESS SHALL BE AS SET FORTH IN SECTION 6.01.

Submission to Jurisdiction; Selection of Forum. EACH PARTY HERETO (A) AGREES THAT IT SHALL BRING ANY ACTION OR PROCEEDING FOR IN RESPECT OF ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTAINED IN OR CONTEMPLATED BY THIS AGREEMENT, WHETHER IN TORT OR CONTRACT OR AT LAW OR IN EQUITY, SHALL BE BROUGHT EXCLUSIVELY IN EITHER (I) THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK MASSACHUSETTS OR IN A NEW YORK THE EVENT THAT SUCH COURT LACKS SUBJECT MATTER JURISDICTION OVER THE ACTION OR PROCEEDING, (II) IN AN APPROPRIATE STATE COURT SITTING LOCATED IN NEW YORK THE COUNTY OF SUFFOLK, MASSACHUSETTS (EACH, A THE “CHOSEN COURT”), AND EACH PARTY (B) IRREVOCABLY (A) SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE CHOSEN COURTS (AND OF THEIR APPROPRIATE APPELLATE COURTS)COURT, (BC) WAIVES WAIVES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION TO LAYING VENUE IN ANY SUCH ACTION OR PROCEEDING IN EITHER THE CHOSEN COURT, (CD) WAIVES ANY OBJECTION ARGUMENT THAT SUCH THE CHOSEN COURT IS AN INCONVENIENT FORUM FOR THE ACTION OR PROCEEDINGDOES NOT HAVE JURISDICTION OVER ANY PARTY THERETO, AND (DE) AGREES THAT, IN ADDITION TO OTHER METHODS OF SERVICE PROVIDED BY LAW, THAT SERVICE OF PROCESS UPON ANY PARTY IN ANY SUCH ACTION OR PROCEEDING SHALL BE EFFECTIVE, SUBJECT TO APPLICABLE LAW, EFFECTIVE IF PROVIDED NOTICE IS GIVEN IN ACCORDANCE WITH SECTION 6.01 13 OF THIS AGREEMENT, AND THE EFFECTIVE DATE OF SUCH SERVICE OF PROCESS SHALL BE AS SET FORTH IN SECTION 6.01.