Common use of Submission to Jurisdiction; Service of Process; Waiver of Forum Non Conveniens; Waiver of Jury Trial Clause in Contracts

Submission to Jurisdiction; Service of Process; Waiver of Forum Non Conveniens; Waiver of Jury Trial. Each of Lessee and Lessor hereby irrevocably agrees that any suit, action or proceeding related to this Lease or any of the other Operative Documents to which it is a party or the subject matter hereof or thereof or any of the transactions contemplated hereby and thereby may be instituted in, and submit for itself and its property to the non-exclusive jurisdiction of, (i) the courts of the State of New York in New York County and (ii) the United States District Court for the Southern District of New York. Each of Lessee and Lessor represents and warrants that it is not currently entitled to, and agrees that to the extent that Lessee or Lessor hereinafter may acquire, any immunity (including, without limitation, sovereign immunity) from jurisdiction of any court or from any legal process, it hereby, to the extent permitted by Law, waives such immunity, and agrees not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of the above-named courts that it is immune from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper, or that this Lease or any of the other Operative Documents or the subject matter hereof or thereof or any of the transactions contemplated hereby and thereby may not be enforced in or by such courts. Each of Lessee and Lessor hereby generally consents to service of process by registered mail, return receipt requested, addressed to it at its address set forth in Exhibit C, or at such other office of Lessee or Lessor as from time to time may be designated by Lessee or Lessor (as applicable) in writing to Lessee or Lessor (as applicable), Owner Participant and Indenture Trustee. Each of Lessee and Lessor hereby agrees that its submission to jurisdiction and its designation of service of process by mail set forth above is made for the express benefit of Lessor, Lessee, Owner Participant, Indenture Trustee (as applicable), each Note Holder and their successors and assigns (as

Submission to Jurisdiction; Service of Process; Waiver of Forum Non Conveniens; Waiver of Jury Trial. Each of Lessee and Lessor hereby irrevocably agrees that any suit, action or proceeding related to this Lease or any of the other Operative Documents to which it is a party or the subject matter hereof or thereof or any of the transactions contemplated hereby and thereby may be instituted in, and submit submits for itself and its property to the non-exclusive jurisdiction of, (i) the courts of the State of New York in New York County and (ii) the United States District Court for the Southern District of New York. Each of Lessee and Lessor represents and warrants that it is not currently entitled to, and agrees that to the extent that Lessee or Lessor hereinafter may acquire, any immunity (including, without limitation, sovereign immunity) from jurisdiction of any court or from any legal process, it hereby, to the extent permitted by Law, waives such immunity, and agrees not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of the above-above- named courts that it is immune from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper, or that this Lease or any of the other Operative Documents or the subject matter hereof or thereof or any of the transactions contemplated hereby and thereby may not be enforced in or by such courts. Each of Lessee and Lessor hereby generally consents to service of process by registered mail, return receipt requested, addressed to it at its address set forth in Exhibit C, or at such other office of Lessee or Lessor as from time to time may be designated by Lessee or Lessor (as applicable) in writing to Lessee or Lessor (as applicable), Owner Participant and Indenture Trustee. Each of Lessee and Lessor hereby agrees that its submission to jurisdiction and its designation of service of process by mail set forth above is made for the express benefit of Lessor, Lessee, Owner Participant, Indenture Trustee (as applicable), each Note Holder and their successors and assigns (as,

Submission to Jurisdiction; Service of Process; Waiver of Forum Non Conveniens; Waiver of Jury Trial. [Each of of] Lessee [and Lessor Lessor] hereby irrevocably agrees that any suit, action or proceeding related to this Lease or any of the other Operative Documents to which it is a party or the subject matter hereof or thereof or of any of the transactions contemplated hereby and thereby may be 113 instituted in, and submit submits for itself and its property to the non-exclusive jurisdiction of, (i) the courts of the State of New York in New York County and (ii) the United States District Court for the Southern District of New York. [Each of of] Lessee [and Lessor Lessor] represents and warrants that it is not currently entitled to, and agrees that to the extent that Lessee [or Lessor Lessor] hereinafter may acquire, any immunity (including, without limitation, sovereign immunity) from jurisdiction of any court or from any legal process, it Lessee hereby, to the extent permitted by Law, waives such immunity, and agrees not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of the above-named courts that it is immune from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper, or that this Lease or any of the other Operative Documents or the subject matter hereof or thereof or any of the transactions contemplated hereby and thereby may not be enforced in or by such courts. [Each of of] Lessee [and Lessor Lessor] hereby generally consents to service of process by registered mail, return receipt requested, addressed to it at its address set forth in Exhibit C, or at such other office of Lessee [or Lessor Lessor] as from time to time may be designated by Lessee [or Lessor (as applicable) Lessor] in writing to Lessee Lessor or Lessor (as applicable)Lessee, Owner Participant and Indenture Trustee. [Each of of] Lessee [and Lessor Lessor] hereby agrees that its submission to jurisdiction and its designation of service of process by mail set forth above is made for the express benefit of Lessor, [Lessee, ,] Owner Participant, Indenture Trustee (as applicable)Trustee, each Note Holder and their successors and assigns (asassigns. EACH OF LESSEE AND LESSOR HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THE OPERATIVE DOCUMENTS OR ANY DEALINGS BETWEEN THEM RELATING TO THE SUBJECT MATTER OF THE TRANSACTIONS CONTEMPLATED THEREBY OR THE LESSOR/LESSEE RELATIONSHIP BEING ESTABLISHED, including, without limitation, contract claims, tort claims, breach of duty claims and other common law and statutory claims. Lessor and Lessee represent and warrant that each has reviewed this waiver with its legal counsel, and that each knowingly and voluntarily waives its jury trial rights following consultation with such legal counsel. THIS WAIVER IS IRREVOCABLE, AND THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THE OPERATIVE DOCUMENTS. In the event of 114 litigation, this Agreement may be filed as a written consent to a trial by the court.

Submission to Jurisdiction; Service of Process; Waiver of Forum Non Conveniens; Waiver of Jury Trial. Each of Lessee and Lessor hereby irrevocably agrees that any suit, action or proceeding related to this Lease or any of the other Operative Documents to which it is a party or the subject matter hereof or thereof or any of the transactions contemplated hereby and thereby may be instituted in, and submit submits for itself and its property to the non-exclusive jurisdiction of, (i) the courts of the State of New York in New York County and (ii) the United States District Court for the Southern District of New York. Each of Lessee and Lessor represents and warrants that it is not currently entitled to, and agrees that to the extent that Lessee or Lessor hereinafter may acquire, any immunity (including, without limitation, sovereign immunity) from jurisdiction of any court or from any legal process, it hereby, to the extent permitted by Law, waives such immunity, and agrees not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of the above-named courts that it is immune from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper, or that this Lease or any of the other Operative Documents or the subject matter hereof or thereof or any of the transactions contemplated hereby and thereby may not be enforced in or by such courts. Each of Lessee and Lessor hereby generally consents to service of process by registered mail, return receipt requested, addressed to it at its address set forth in Exhibit C, or at such other office of Lessee or Lessor as from time to time may be designated by Lessee or Lessor (as applicable) in writing to Lessee or Lessor (as applicable), Owner Participant and Indenture Trustee. Each of Lessee and Lessor hereby agrees that its submission to jurisdiction and its designation of service of process by mail set forth above is made for the express benefit of Lessor, Lessee, Owner Participant, Indenture Trustee (as applicable), each Note Holder and their successors and assigns (as,

Submission to Jurisdiction; Service of Process; Waiver of Forum Non Conveniens; Waiver of Jury Trial. [Each of of] Lessee [and Lessor Lessor] hereby irrevocably agrees that any suit, action or proceeding related to this Lease or any of the other Operative Documents to which it is a party or the subject matter hereof or thereof or of any of the transactions contemplated hereby and thereby may be instituted in, and submit submits for itself and its property to the non-exclusive jurisdiction of, (i) the courts of the State of New York in New York County and (ii) the United States District Court for the Southern District of New York. [Each of of] Lessee [and Lessor Lessor] represents and warrants that it is not currently entitled to, and agrees that to the extent that Lessee [or Lessor Lessor] hereinafter may acquire, any immunity (including, without limitation, sovereign immunity) from jurisdiction of any court or from any legal process, it Lessee hereby, to the extent permitted by Law, waives such immunity, and agrees not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of the above-named courts that it is immune from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper, or that this Lease or any of the other Operative Documents or the subject matter hereof or thereof or any of the transactions contemplated hereby and thereby may not be enforced in or by such courts. [Each of of] Lessee [and Lessor Lessor] hereby generally consents to service of process by registered mail, return receipt requested, addressed to it at its address set forth in Exhibit C, or at such other office of Lessee [or Lessor Lessor] as from time to time may be designated by Lessee [or Lessor (as applicable) Lessor] in writing to Lessee Lessor or Lessor (as applicable)Lessee, Foreign Lessor, Owner Participant and Indenture Trustee. [Each of of] Lessee [and Lessor Lessor] hereby agrees that its submission to jurisdiction and its designation of service of process by mail set forth above is made for the express benefit of Lessor, Lessee, Owner Participant, Indenture Trustee (as applicable), each Note Holder and their successors and assigns (asthat