Waiver of Jury Trial and Venue. (a) Each party hereto hereby waives all right to trial by jury in any action or proceeding to enforce or defend any rights under this Agreement. (b) Each party hereto hereby irrevocably submits to the jurisdiction of the United States District Court for the State of Delaware or, if such federal jurisdiction is unavailable, in the state courts of the State of Delaware over any action arising out of this Agreement, and each party hereto hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non conveniens. Each party hereto agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against any party hereto if given as provided herein.
Appears in 7 contracts
Samples: Servicing Agreement, Servicing Agreement (Neiman Marcus, Inc.), Servicing Agreement (Neiman Marcus, Inc.)
Waiver of Jury Trial and Venue. (a) Each party hereto hereby waives all right to trial by jury in any action or proceeding to enforce or defend any rights under this Agreement.
(b) Each party hereto hereby irrevocably submits to the jurisdiction of the United States District Court for the State of Delaware or, if such federal jurisdiction is unavailable, in the state courts of the State of Delaware over any action arising out of this Agreement, and each party hereto hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non conveniens. Each party hereto agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against any party hereto if given as provided herein.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Pier 1 Imports Inc/De), Purchase, Sale and Servicing Transfer Agreement (Macy's, Inc.), Purchase, Sale and Servicing Transfer Agreement (Federated Department Stores Inc /De/)
Waiver of Jury Trial and Venue. (a) Each party Party hereto hereby waives all right to trial by jury in any action or proceeding to enforce or defend any rights under this Agreement.
(b) Each party hereto Party hereby irrevocably submits to the jurisdiction of the United States District Court for the State Southern District of Delaware New York or, if such federal jurisdiction is unavailable, in the state courts of the State of Delaware New York located in the borough of Manhattan over any action arising out of this Agreement, and each party hereto Party hereby irrevocably waives any objection which such party Party may now or hereafter have to the laying of improper venue or forum non conveniens. Each party hereto Party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against any party hereto a Party if given as provided herein.
Appears in 3 contracts
Samples: Servicing Agreement, Servicing Agreement (Signet Jewelers LTD), Servicing Agreement (Signet Jewelers LTD)