Common use of Venue; Waiver of Jury Trial Clause in Contracts

Venue; Waiver of Jury Trial. Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against the other Party in any way arising from or relating to the Agreement (which includes, for the avoidance of doubt, the Order Form and these Terms and Conditions), and all contemplated transactions, in any forum other than the courts of the State of California sitting in Los Angeles, California, and any appellate court from any thereof. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation or proceeding only in the courts of the State of California sitting in sitting in Los Angeles, California. Each Party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THE AGREEMENT (WHICH INCLUDES, FOR THE AVOIDANCE OF DOUBT, THE ORDER FORM AND THESE TERMS AND CONDITIONS), IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THE AGREEMENT (WHICH INCLUDES, FOR THE AVOIDANCE OF DOUBT, THE ORDER FORM AND THESE TERMS AND CONDITIONS),, OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Venue; Waiver of Jury Trial. Each Party irrevocably and unconditionally agrees that it will not commence any actionTHE PARTIES HERETO HEREBY IRREVOCABLY SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN SANTA XXXXX COUNTY, litigation or proceeding of any kind whatsoever against the other Party in any way arising from or relating to the Agreement (which includes, for the avoidance of doubt, the Order Form and these Terms and Conditions), and all contemplated transactions, in any forum other than the courts of the State of California sitting in Los Angeles, California, and any appellate court from any thereof. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation or proceeding only in the courts of the State of California sitting in sitting in Los Angeles, California. Each Party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THE AGREEMENT (WHICH INCLUDES, CALIFORNIA FOR THE AVOIDANCE ADJUDICATION OF DOUBTANY DISPUTE BROUGHT BY THE ANY OF THE PARTIES HEREUNDER, IN CONNECTION HEREWITH OR WITH ANY TRANSACTION CONTEMPLATED HEREBY OR DISCUSSED HEREIN, AND HEREBY IRREVOCABLY WAIVE, AND AGREE NOT TO ASSERT IN ANY SUIT, ACTION OR PROCEEDING BROUGHT BY ANY PARTY HEREUNDER, ANY CLAIM THAT IT IS NOT PERSONALLY SUBJECT TO THE ORDER FORM AND THESE TERMS AND CONDITIONS), IS LIKELY JURISDICTION OF ANY SUCH COURT. TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORETHE EXTENT PERMITTED BY APPLICABLE LAW, EACH SUCH PARTY IRREVOCABLY PARTY, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, EACH KNOWINGLY, VOLUNTARILY AND UNCONDITIONALLY WAIVES INTENTIONALLY WAIVE IRREVOCABLY, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS ARISING OUT OF OR RELATING TO THE THIS AGREEMENT (WHICH INCLUDES, FOR THE AVOIDANCE OF DOUBT, THE ORDER FORM AND THESE TERMS SUCH PROCEEDING SHALL BE TRIED BEFORE A COURT AND CONDITIONS),, OR THE TRANSACTIONS CONTEMPLATED HEREBYNOT BEFORE A JURY.

Venue; Waiver of Jury Trial. Each Party irrevocably and unconditionally To the fullest extent permitted by applicable law, each party hereto (i) agrees that it will not commence any actionclaim, litigation action or proceeding of by such party seeking any kind relief whatsoever against arising out of, or in connection with, this Agreement or the other Party transactions contemplated hereby shall be brought only in any way arising from Massachusetts state or relating to the Agreement (which includes, for the avoidance of doubt, the Order Form federal court and these Terms and Conditions), and all contemplated transactions, not in any forum other than state or federal court in the courts United States of the State of California sitting America or any court in Los Angelesany other country, California, and any appellate court from any thereof. Each Party irrevocably and unconditionally submits (ii) agrees to submit to the exclusive jurisdiction of such courts for purposes of all legal proceedings arising out of, or in connection with, this Agreement or the transactions contemplated hereby, (iii) waives and agrees not to bring assert any objection that it may now or hereafter have to the laying of the venue of any such actionproceeding brought in such a court or any claim that any such proceeding brought in such a court has been brought in an inconvenient forum, litigation or proceeding only in the courts of the State of California sitting in sitting in Los Angeles, California. Each Party and (iv) agrees that a final judgment in any such action, litigation, action or proceeding is shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by lawapplicable laws. EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER OF THE AGREEMENT (WHICH INCLUDES, FOR THE AVOIDANCE OF DOUBT, THE ORDER FORM AND THESE TERMS AND CONDITIONS), IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY PARTIES IRREVOCABLY AND UNCONDITIONALLY WAIVES WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE AND ALL RIGHTS TO A TRIAL BY JURY JURY, FROM WHATEVER SOURCE ARISING, IN RESPECT OF CONNECTION WITH ANY LEGAL ACTION LITIGATION OR PROCEEDING ARISING OUT OF OR RELATING TO THE THIS AGREEMENT (WHICH INCLUDES, FOR THE AVOIDANCE OF DOUBT, THE ORDER FORM AND THESE TERMS AND CONDITIONS),, OR THE TRANSACTIONS CONTEMPLATED HEREBY. The prevailing party in any dispute arising hereunder shall be entitled to recover its costs (including, without limitation, reasonable attorneys’ and experts’ fees) from the losing party.