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

Waiver of Jury Trial and Venue. (a) Each Party 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 hereby irrevocably submits to the jurisdiction of the United States District Court for the District 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 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 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 a Party if given as provided herein.

Appears in 3 contracts

Samples: Credit Card Program Agreement (Macy's, Inc.), Credit Card Program Agreement (Macy's, Inc.), Credit Card Program Agreement (Federated Department Stores Inc /De/)

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Waiver of Jury Trial and Venue. (a) Each Party 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 District 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 a any Party hereto if given as provided herein.

Appears in 2 contracts

Samples: Credit Card Program Agreement (Pier 1 Imports Inc/De), Credit Card Program Agreement (Pier 1 Imports Inc/De)

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Waiver of Jury Trial and Venue. (a) Each Party 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 hereby irrevocably submits to the jurisdiction of the United States District Court for the District 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 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 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 a Party if given as provided herein.

Appears in 2 contracts

Samples: Credit Card Program Agreement (Neiman Marcus Group Inc), Credit Card Program Agreement (Neiman Marcus, Inc.)

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