Common use of Survival, Choice of law Clause in Contracts

Survival, Choice of law. Anything contained elsewhere to the contrary notwithstanding, all claims against, and liabilities of, Lessee or Lessor arising prior to the date of termination of this Master Lease shall survive such termination. If any late charges provided for in any provision of this Master Lease are based upon a rate in excess of the maximum rate permitted by applicable law, the parties agree that such charges shall be fixed at the maximum permissible rate. Neither this Master Lease nor any provision thereof may be changed, waived, discharged or terminated except by an instrument in writing and in recordable form signed by Lessor and Lessee. All of the terms and provisions of this Master Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The headings in this Master Lease are for convenience of reference only and shall not limit or otherwise affect the meaning hereof. This Master Lease shall be governed by and construed in accordance with the laws of the state of Maryland, except as to matters which, under applicable procedural conflicts of laws rules require the application of laws of the applicable State. LESSEE CONSENTS TO IN PERSONAM JURISDICTION BEFORE THE STATE AND FEDERAL COURTS OF THE STATES OF MARYLAND, AND AGREES THAT ALL DISPUTES CONCERNING THIS MASTER LEASE BE HEARD IN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF MARYLAND. LESSEE FURTHER CONSENTS TO IN PESONAM JURISDICTION BEFORE THE STATE AND FEDERAL COURTS OF EACH STATE WITH RESPECT TO ANY ACTION COMMENCED BY LESSOR SEEKING TO RETAKE POSSESSION OF ANY OR ALL OF THE LEASED PROPERTIES. LESSEE AGREES THAT SERVICE OF PROCESS MAY BE EFFECTED UPON IT UNDER ANY METHOD PERMISSIBLE UNDER THE LAWS OF THE STATE OF MARYLAND, AND IRREVOCABLY WAIVES ANY OBJECTION TO VENUE IN THE STATES OF MARYLAND OR, TO THE EXTENT APPLICABLE IN ACCORDANCE WITH THE TERMS HEREOF, LOCATED IN THE STATES.

Appears in 5 contracts

Samples: Master Lease Agreement (Omega Healthcare Investors Inc), Master Lease (Sun Healthcare Group Inc), Master Lease Agreement (Sun Healthcare Group Inc)

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Survival, Choice of law. Anything contained elsewhere in this Lease to the contrary notwithstanding, all claims against, and liabilities of, Lessee or Lessor arising prior to the date of expiration or termination of this Master Lease shall survive such expiration or termination. If any late charges provided for in any term or provision of this Master Lease are based upon a rate in excess of the maximum rate permitted by applicable lawor any application thereof is held invalid or unenforceable, the parties agree that remainder of this Lease and any other application of such charges term or provisions shall not be fixed at the maximum permissible rateaffected thereby. Neither this Master Lease nor any provision thereof hereof may be changed, waived, discharged or terminated except by an instrument in writing and in recordable form signed by Lessor and Lessee. All of the terms and provisions of this Master Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The headings in this Master Lease are for convenience of reference only and shall not limit or otherwise affect the meaning hereof. This Master Lease shall be governed by and construed in accordance with the laws of the state of MarylandState, except as to matters which, under applicable procedural conflicts of laws rules require the application of laws of the applicable another State. LESSEE CONSENTS TO IN PERSONAM JURISDICTION BEFORE THE STATE AND FEDERAL COURTS OF THE STATES OF MARYLAND, OKLAHOMA AND AGREES THAT ALL DISPUTES CONCERNING THIS MASTER LEASE BE HEARD IN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF MARYLAND. LESSEE FURTHER CONSENTS TO IN PESONAM JURISDICTION BEFORE THE STATE AND FEDERAL COURTS OF EACH STATE WITH RESPECT TO ANY ACTION COMMENCED BY LESSOR SEEKING TO RETAKE POSSESSION OF ANY OR ALL OF THE LEASED PROPERTIESOKLAHOMA. LESSEE AGREES THAT SERVICE OF PROCESS MAY BE EFFECTED UPON IT UNDER ANY METHOD PERMISSIBLE UNDER THE LAWS OF THE STATE OF MARYLAND, OKLAHOMA AND IRREVOCABLY WAIVES ANY OBJECTION TO VENUE IN THE STATES STATE AND FEDERAL COURTS OF MARYLAND OR, TO THE EXTENT APPLICABLE IN ACCORDANCE WITH THE TERMS HEREOF, LOCATED IN THE STATESSTATE OF OKLAHOMA.

Appears in 4 contracts

Samples: Credit Agreement (Williams Companies Inc), Agreement of Purchase and Sale (Williams Companies Inc), Master Lease (Williams Companies Inc)

Survival, Choice of law. Anything contained elsewhere in this Lease to the contrary notwithstanding, all claims against, and liabilities of, Lessee or Lessor arising prior to the date of expiration or termination of this Master Lease shall survive such expiration or termination. If any late charges provided for in any term or provision of this Master Lease are based upon a rate in excess of the maximum rate permitted by applicable lawor any application thereof is held invalid or unenforceable, the parties agree that remainder of this Lease and any other application of such charges term or provisions shall not be fixed at the maximum permissible rateaffected thereby. Neither this Master Lease nor any provision thereof hereof may be changed, waived, discharged or terminated except by an instrument in writing and in recordable form signed by Lessor Lessor, any Facility Mortgagee and Lessee. All of the terms and provisions of this Master Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The headings in this Master Lease are for convenience of reference only and shall not limit or otherwise affect the meaning hereof. This Master Lease shall be governed by and construed in accordance with the laws of the state of MarylandOhio, except as to matters which, under applicable procedural conflicts of laws rules require the application of laws of the applicable another State. LESSEE LXXXXX CONSENTS TO IN PERSONAM JURISDICTION BEFORE THE STATE AND FEDERAL COURTS OF THE STATES OF MARYLAND, OHIO, AND PENNSYLVANIA AND AGREES THAT ALL DISPUTES CONCERNING THIS MASTER LEASE AGREEMENT BE HEARD IN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE STATES OF MARYLAND. LESSEE FURTHER CONSENTS TO IN PESONAM JURISDICTION BEFORE THE STATE AND FEDERAL COURTS OF MARYLAND OR EACH STATE WITH RESPECT TO ANY ACTION COMMENCED BY LESSOR SEEKING TO RETAKE POSSESSION OF ANY OR ALL OF THE LEASED PROPERTIESIN WHICH A FACILITY IS LOCATED. LESSEE LXXXXX AGREES THAT SERVICE OF PROCESS MAY BE EFFECTED UPON IT UNDER ANY METHOD PERMISSIBLE UNDER THE LAWS OF THE STATE STATES OF MARYLAND, OHIO, AND PENNSYLVANIA AND IRREVOCABLY WAIVES ANY OBJECTION TO VENUE IN THE STATE AND FEDERAL COURTS OF THE STATES OF MARYLAND ORMARYLAND, TO THE EXTENT APPLICABLE IN ACCORDANCE WITH THE TERMS HEREOFOHIO, LOCATED IN THE STATESOR PENNSYLVANIA.

Appears in 1 contract

Samples: Master Lease (Omega Healthcare Investors Inc)

Survival, Choice of law. Anything contained elsewhere in this Lease to the contrary notwithstanding, all claims against, and liabilities of, Lessee or Lessor arising prior to the date of expiration or termination of this Master Lease shall survive such expiration or termination. If any late charges provided for in any term or provision of this Master Lease are based upon a rate in excess of the maximum rate permitted by applicable lawor any application thereof is held invalid or unenforceable, the parties agree that remainder of this Lease and any other application of such charges term or provisions shall not be fixed at the maximum permissible rateaffected thereby. Neither this Master Lease nor any provision thereof hereof may be changed, waived, discharged or terminated except by an instrument in writing and in recordable form signed by Lessor Xxxxxx and LesseeXxxxxx. All of the terms and provisions of this Master Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The headings in this Master Lease are for convenience of reference only and shall not limit or otherwise affect the meaning hereof. This Master Lease shall be governed by and construed in accordance with the laws of the state of Maryland, except as to matters whichthat, under applicable procedural conflicts of laws rules require the application of laws of the applicable another State. LESSEE XXXXXX CONSENTS TO IN PERSONAM JURISDICTION BEFORE THE STATE AND FEDERAL COURTS OF THE STATES OF MARYLANDMARYLAND AND EACH STATE IN WHICH A FACILITY IS LOCATED, AND AGREES THAT ALL DISPUTES CONCERNING THIS MASTER LEASE AGREEMENT BE HEARD IN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE STATES OF MARYLAND. LESSEE FURTHER CONSENTS TO IN PESONAM JURISDICTION BEFORE THE STATE AND FEDERAL COURTS OF MARYLAND OR EACH STATE WITH RESPECT TO ANY ACTION COMMENCED BY LESSOR SEEKING TO RETAKE POSSESSION OF ANY OR ALL OF THE LEASED PROPERTIESIN WHICH A FACILITY IS LOCATED. LESSEE XXXXXX AGREES THAT SERVICE OF PROCESS MAY BE EFFECTED UPON IT UNDER ANY METHOD PERMISSIBLE UNDER THE LAWS OF THE STATES OF MARYLAND OR EACH STATE OF MARYLAND, IN WHICH A FACILITY IS LOCATED AND IRREVOCABLY WAIVES ANY OBJECTION TO VENUE IN THE STATE AND FEDERAL COURTS OF THE STATES OF MARYLAND OR, TO THE EXTENT APPLICABLE OR EACH STATE IN ACCORDANCE WITH THE TERMS HEREOF, LOCATED IN THE STATESWHICH A FACILITY IS LOCATED.

Appears in 1 contract

Samples: Master Lease (Omega Healthcare Investors Inc)

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Survival, Choice of law. Anything contained elsewhere in this Lease to the contrary notwithstanding, all claims against, and liabilities of, Lessee or Lessor arising prior to the date of expiration or termination of this Master Lease shall survive such expiration or termination. If any late charges provided for in any term or provision of this Master Lease are based upon a rate in excess of the maximum rate permitted by applicable lawor any application thereof is held invalid or unenforceable, the parties agree that remainder of this Lease and any other application of such charges term or provisions shall not be fixed at the maximum permissible rateaffected thereby. Neither this Master Lease nor any provision thereof hereof may be changed, waived, discharged or terminated except by an instrument in writing and in recordable form signed by Lessor Lxxxxx and LesseeLxxxxx. All of the terms and provisions of this Master Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The headings in this Master Lease are for convenience of reference only and shall not limit or otherwise affect the meaning hereof. This Master Lease shall be governed by and construed in accordance with the laws of the state of Maryland, except as to matters whichthat, under applicable procedural conflicts of laws rules require the application of laws of the applicable another State. LESSEE LXXXXX CONSENTS TO IN PERSONAM JURISDICTION BEFORE THE STATE AND FEDERAL COURTS OF THE STATES OF MARYLANDMARYLAND AND EACH STATE IN WHICH A FACILITY IS LOCATED, AND AGREES THAT ALL DISPUTES CONCERNING THIS MASTER LEASE AGREEMENT BE HEARD IN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE STATES OF MARYLAND. LESSEE FURTHER CONSENTS TO IN PESONAM JURISDICTION BEFORE THE STATE AND FEDERAL COURTS OF MARYLAND OR EACH STATE WITH RESPECT TO ANY ACTION COMMENCED BY LESSOR SEEKING TO RETAKE POSSESSION OF ANY OR ALL OF THE LEASED PROPERTIESIN WHICH A FACILITY IS LOCATED. LESSEE LXXXXX AGREES THAT SERVICE OF PROCESS MAY BE EFFECTED UPON IT UNDER ANY METHOD PERMISSIBLE UNDER THE LAWS OF THE STATES OF MARYLAND OR EACH STATE OF MARYLAND, IN WHICH A FACILITY IS LOCATED AND IRREVOCABLY WAIVES ANY OBJECTION TO VENUE IN THE STATE AND FEDERAL COURTS OF THE STATES OF MARYLAND OR, TO THE EXTENT APPLICABLE OR EACH STATE IN ACCORDANCE WITH THE TERMS HEREOF, LOCATED IN THE STATESWHICH A FACILITY IS LOCATED.

Appears in 1 contract

Samples: Operations Transfer Agreement (Omega Healthcare Investors Inc)

Survival, Choice of law. Anything contained elsewhere in this Lease to the contrary notwithstanding, all claims against, and liabilities of, Lessee or Lessor arising prior to the date of expiration or termination of this Master Lease shall survive such expiration or termination. If any late charges provided for in any term or provision of this Master Lease are based upon a rate in excess of the maximum rate permitted by applicable lawor any application thereof is held invalid or unenforceable, the parties agree that remainder of this Lease and any other application of such charges term or provisions shall not be fixed at the maximum permissible rateaffected thereby. Neither this Master Lease nor any provision thereof hereof may be changed, waived, discharged or terminated except by an instrument in writing and in recordable form signed by Lessor Lessor, any Facility Mortgagee and Lessee. All of the terms and provisions of this Master Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The headings in this Master Lease are for convenience of reference only and shall not limit or otherwise affect the meaning hereof. This Master Lease shall be governed by and construed in accordance with the laws of the state of MarylandOhio, except as to matters which, under applicable procedural conflicts of laws rules require the application of laws of the applicable another State. LESSEE CONSENTS TO IN PERSONAM JURISDICTION BEFORE THE STATE AND FEDERAL COURTS OF THE STATES OF MARYLAND, OHIO, AND PENNSYLVANIA AND AGREES THAT ALL DISPUTES CONCERNING THIS MASTER LEASE AGREEMENT BE HEARD IN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE STATES OF MARYLAND. LESSEE FURTHER CONSENTS TO IN PESONAM JURISDICTION BEFORE THE STATE AND FEDERAL COURTS OF MARYLAND OR EACH STATE WITH RESPECT TO ANY ACTION COMMENCED BY LESSOR SEEKING TO RETAKE POSSESSION OF ANY OR ALL OF THE LEASED PROPERTIESIN WHICH A FACILITY IS LOCATED. LESSEE AGREES THAT SERVICE OF PROCESS MAY BE EFFECTED UPON IT UNDER ANY METHOD PERMISSIBLE UNDER THE LAWS OF THE STATE STATES OF MARYLAND, OHIO, AND PENNSYLVANIA AND IRREVOCABLY WAIVES ANY OBJECTION TO VENUE IN THE STATE AND FEDERAL COURTS OF THE STATES OF MARYLAND ORMARYLAND, TO THE EXTENT APPLICABLE IN ACCORDANCE WITH THE TERMS HEREOFOHIO, LOCATED IN THE STATESOR PENNSYLVANIA.

Appears in 1 contract

Samples: Master Lease (Omega Healthcare Investors Inc)

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