Common use of WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION Clause in Contracts

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH PARTY HERETO IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL RIGHT TO TRIAL BY JURY IN ANY CLAIM, DEMAND, ACTION, CAUSE OF ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, EQUITY OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THE ACTIONS OF THE PARTIES HERETO IN THE NEGOTIATION, PERFORMANCE OR ENFORCEMENT HEREOF. Each of the parties hereto (i) submits to the exclusive jurisdiction of any federal court sitting in the State of Delaware or the Delaware Court of Chancery, in any action or proceeding arising out of or relating to this Agreement, (ii) agrees that all claims in respect of such action or proceeding may be heard and determined in any such court and (iii) agrees not to bring any action or proceeding arising out of or relating to this Agreement in any other court. Each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety or other security that might be required of any other party with respect thereto. Each party agrees that service of summons and complaint or any other process that might be served in any action or proceeding may be made on such party by sending or delivering a copy of the process to the party to be served at the address of the party and in the manner provided for the giving of notices in Section 10.4. Nothing in this Section 10.2, however, shall affect the right of any party to serve legal process in any other manner permitted by Law. Each party agrees that a final, non-appealable judgment in any action or proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by Law.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH PARTY OF THE PARTIES HERETO IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESSLY WAIVES ITS RIGHT TO A JURY TRIAL BY JURY IN WITH RESPECT TO ANY CLAIMSUIT, DEMAND, ACTION, CAUSE OF ACTION, LITIGATION OR OTHER JUDICIAL PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, EQUITY OR OTHERWISE) ARISING OUT OF OR RELATING TO REGARDING THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY DISPUTE HEREUNDER OR THE ACTIONS OF THE PARTIES HERETO IN THE NEGOTIATIONRELATING HERETO. This Agreement shall be governed by, PERFORMANCE OR ENFORCEMENT HEREOFinterpreted under and construed in accordance with the internal laws of the State of North Carolina applicable to contracts executed and to be performed wholly in that State without giving effect to the choice or conflict of laws principles or provisions thereof. Each of the parties hereto (i) Parties agrees that any dispute under or with respect to this Agreement shall be determined before the state or federal courts situated in Raleigh, North Carolina, which courts shall have exclusive jurisdiction over and with respect to any such dispute, and each of the Parties hereby irrevocably submits to the exclusive jurisdiction of such courts. Each Party hereby agrees not to raise any defense or objection, under the theory of forum non conviens or otherwise, with respect to the jurisdiction of any federal court sitting in the State of Delaware or the Delaware Court of Chancerysuch court. In addition to such other method as may available under applicable law, in any action or proceeding arising out of or relating to this Agreement, (ii) each Party agrees that all claims any summons, complaint or other papers or process in respect of connection with any such action or proceeding dispute may be heard and determined in served on it by being mailed to it at its respective address set forth at the head of this Agreement (or at such more current address of which the Party serving any such court and (iii) agrees not to bring any action or proceeding arising out of or relating to this Agreement in any other court. Each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bondsummons, surety complaint or other security that might be required of any papers or process has received written notice from the other party with respect thereto. Each party agrees that service of summons and Party to which such summons, complaint or any other papers or process that might be served in any action is being addressed) if mailed by both registered or proceeding may be made on such party certified mail, return receipt requested, and by sending or delivering a copy of the process to the party to be served at the address of the party and in the manner provided for the giving of notices in Section 10.4. Nothing in this Section 10.2, however, shall affect the right of any party to serve legal process in any other manner permitted by Law. Each party agrees that a final, non-appealable judgment in any action or proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by Lawregular first class mail.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH PARTY OF THE PARTIES HERETO IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESSLY WAIVES ITS OR HIS RIGHT TO A JURY TRIAL BY JURY IN WITH RESPECT TO ANY CLAIMSUIT, DEMAND, ACTION, CAUSE OF ACTION, LITIGATION OR OTHER JUDICIAL PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, EQUITY OR OTHERWISE) ARISING OUT OF OR RELATING TO REGARDING THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY DISPUTE HEREUNDER OR THE ACTIONS OF THE PARTIES HERETO IN THE NEGOTIATION, PERFORMANCE OR ENFORCEMENT HEREOFRELATING HERETO. Each of the parties hereto Parties agrees that any action or other proceeding commenced or instituted by, in the name of or on behalf of Dunaxxxx, Xxodxxx X.X. or Brodxxx (ixx anyone claiming by or through Dunaxxxx, Xxodxxx X.X. or Brodxxx) xxlating to this Agreement or any dispute hereunder shall be determined before the state or federal courts situated in Miami, Florida, which courts shall have exclusive jurisdiction over and with respect to any such action or other proceeding, and each of the Parties hereby irrevocably submits to the exclusive jurisdiction of such courts with respect to any federal court sitting in such action or other proceeding. Each of the State of Delaware or the Delaware Court of Chancery, in Parties agrees that any action or other proceeding arising out commenced instituted by, in the name of or relating to this Agreement, on behalf of HSNS (iior anyone claiming by or through HSNS) agrees that all claims in respect of such action or proceeding may be heard and determined in any such court and (iii) agrees not to bring any action or proceeding arising out of or relating to this Agreement or any dispute hereunder shall be determined before the state or federal courts situated in Miami, Florida, which courts shall have exclusive jurisdiction over and with respect to any such action or other courtproceeding, and each of the Parties hereby irrevocably submits to the jurisdiction of such courts with respect to any such action or other proceeding. Each of the parties waives Party hereby agrees not to raise any defense or objection, under the theory of inconvenient forum non conviens or otherwise, with respect to the maintenance jurisdiction of any action or proceeding so brought and waives such court as contemplated by the two immediately preceding sentence. In addition to such other method as may available under applicable law, each Party agrees that any bondsummons, surety complaint or other security that might papers or process in connection with any such dispute may be required served on it or him by being mailed to it or him at its or his respective address set forth at the head of this Agreement (or at such more current address of which the Party serving such any other party with respect thereto. Each party agrees that service of summons and summons, complaint or any other papers or process that might be served in any action has received written notice from the other Party) if mailed by both registered or proceeding may be made on such party certified mail, return receipt requested, and by sending or delivering a copy of the process to the party to be served at the address of the party and in the manner provided for the giving of notices in Section 10.4. Nothing in this Section 10.2, however, shall affect the right of any party to serve legal process in any other manner permitted by Law. Each party agrees that a final, non-appealable judgment in any action or proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by Lawregular first class mail.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH PARTY HERETO IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL RIGHT TO TRIAL BY JURY IN ANY CLAIM, DEMAND, ACTION, CAUSE OF ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, EQUITY OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THE ACTIONS OF THE PARTIES HERETO IN THE NEGOTIATION, PERFORMANCE OR ENFORCEMENT HEREOF. Each of the parties hereto (ia) submits to the exclusive jurisdiction of any federal court sitting in the courts of the State of Delaware or the Delaware Court of Chancery, in any action or proceeding Proceeding arising out of or relating to this Agreement, (iib) agrees that all claims in respect of such action or proceeding Proceeding may be heard and determined in any such court and (iiic) agrees not to bring any action or proceeding Proceeding arising out of or relating to this Agreement in any other court. Each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding Proceeding so brought and waives any bond, surety or other security that might be required of any other party with respect thereto. Each party agrees that service of summons and complaint or any other process that might be served in any action or proceeding Proceeding may be made on such party by sending or delivering a copy of the process to the party to be served at the address of the party and in the manner provided for the giving of notices in Section 10.49.7. Nothing in this Section 10.29.3, however, shall affect the right of any party to serve legal process in any other manner permitted by Law. Each party agrees that a final, non-appealable judgment in any action or proceeding Proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by Law.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH PARTY HERETO OF THE COMPANY, THE GUARANTORS AND THE TRUSTEE HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY CLAIM, DEMAND, ACTION, CAUSE OF ACTION, LEGAL PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, EQUITY OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT THIRD LIEN EXCHANGEABLE NOTES INDENTURE, THE THIRD LIEN EXCHANGEABLE NOTES, THE NOTE GUARANTEES OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THE ACTIONS OF THE PARTIES HERETO IN THE NEGOTIATIONHEREBY. Any legal suit, PERFORMANCE OR ENFORCEMENT HEREOF. Each of the parties hereto (i) submits to the exclusive jurisdiction of any federal court sitting in the State of Delaware or the Delaware Court of Chancery, in any action or proceeding arising out of or relating based upon this Third Lien Exchangeable Notes Indenture or the transactions contemplated hereby may be instituted in the federal courts of the United States of America located in the City of New York or the courts of the State of New York in each case located in the City of New York (collectively, the “Specified Courts”), and each party irrevocably submits to this Agreement, (ii) agrees that all claims in respect the non-exclusive jurisdiction of such action or proceeding may be heard and determined courts in any such court suit, action or proceeding. Service of any process, summons, notice or document by mail (to the extent allowed under any applicable statute or rule of court) to such party’s address set forth above shall be effective service of process for any suit, action or other proceeding brought in any such court. The parties irrevocably and (iii) agrees unconditionally waive any objection to the laying of venue of any suit, action or other proceeding in the Specified Courts and irrevocably and unconditionally waive and agree not to bring plead or claim any such suit, action or other proceeding arising out of or relating to this Agreement has been brought in any other court. Each of the parties waives any defense of an inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety or other security that might be required of any other party with respect thereto. Each party agrees that service of summons and complaint or any other process that might be served in any action or proceeding may be made on such party by sending or delivering a copy of the process to the party to be served at the address of the party and in the manner provided for the giving of notices in Section 10.4. Nothing in this Section 10.2, however, shall affect the right of any party to serve legal process in any other manner permitted by Law. Each party agrees that a final, non-appealable judgment in any action or proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by Lawforum.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH PARTY HERETO OF THE COMPANY, THE GUARANTORS AND THE TRUSTEE HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY CLAIM, DEMAND, ACTION, CAUSE OF ACTION, LEGAL PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, EQUITY OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT SECOND LIEN EXCHANGEABLE NOTES INDENTURE, THE SECOND LIEN EXCHANGEABLE NOTES, THE NOTE GUARANTEES OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THE ACTIONS OF THE PARTIES HERETO IN THE NEGOTIATIONHEREBY. Any legal suit, PERFORMANCE OR ENFORCEMENT HEREOF. Each of the parties hereto (i) submits to the exclusive jurisdiction of any federal court sitting in the State of Delaware or the Delaware Court of Chancery, in any action or proceeding arising out of or relating based upon this Second Lien Exchangeable Notes Indenture or the transactions contemplated hereby may be instituted in the federal courts of the United States of America located in the City of New York or the courts of the State of New York in each case located in the City of New York (collectively, the “Specified Courts”), and each party irrevocably submits to this Agreement, (ii) agrees that all claims in respect the non-exclusive jurisdiction of such action or proceeding may be heard and determined courts in any such court suit, action or proceeding. Service of any process, summons, notice or document by mail (to the extent allowed under any applicable statute or rule of court) to such party’s address set forth above shall be effective service of process for any suit, action or other proceeding brought in any such court. The parties irrevocably and (iii) agrees unconditionally waive any objection to the laying of venue of any suit, action or other proceeding in the Specified Courts and irrevocably and unconditionally waive and agree not to bring plead or claim any such suit, action or other proceeding arising out of or relating to this Agreement has been brought in any other court. Each of the parties waives any defense of an inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety or other security that might be required of any other party with respect thereto. Each party agrees that service of summons and complaint or any other process that might be served in any action or proceeding may be made on such party by sending or delivering a copy of the process to the party to be served at the address of the party and in the manner provided for the giving of notices in Section 10.4. Nothing in this Section 10.2, however, shall affect the right of any party to serve legal process in any other manner permitted by Law. Each party agrees that a final, non-appealable judgment in any action or proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by Lawforum.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH PARTY HERETO OF THE COMPANY, THE GUARANTORS AND THE TRUSTEE HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY CLAIM, DEMAND, ACTION, CAUSE OF ACTION, LEGAL PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, EQUITY OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT FIRST LIEN INDENTURE, THE FIRST LIEN NOTES, THE NOTE GUARANTEES OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THE ACTIONS OF THE PARTIES HERETO IN THE NEGOTIATIONHEREBY. Any legal suit, PERFORMANCE OR ENFORCEMENT HEREOF. Each of the parties hereto (i) submits to the exclusive jurisdiction of any federal court sitting in the State of Delaware or the Delaware Court of Chancery, in any action or proceeding arising out of or relating based upon this First Lien Indenture or the transactions contemplated hereby may be instituted in the federal courts of the United States of America located in the City of New York or the courts of the State of New York in each case located in the City of New York (collectively, the “Specified Courts”), and each party irrevocably submits to this Agreement, (ii) agrees that all claims in respect the non-exclusive jurisdiction of such action or proceeding may be heard and determined courts in any such court suit, action or proceeding. Service of any process, summons, notice or document by mail (to the extent allowed under any applicable statute or rule of court) to such party’s address set forth above shall be effective service of process for any suit, action or other proceeding brought in any such court. The parties irrevocably and (iii) agrees unconditionally waive any objection to the laying of venue of any suit, action or other proceeding in the Specified Courts and irrevocably and unconditionally waive and agree not to bring plead or claim any such suit, action or other proceeding arising out of or relating to this Agreement has been brought in any other court. Each of the parties waives any defense of an inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety or other security that might be required of any other party with respect thereto. Each party agrees that service of summons and complaint or any other process that might be served in any action or proceeding may be made on such party by sending or delivering a copy of the process to the party to be served at the address of the party and in the manner provided for the giving of notices in Section 10.4. Nothing in this Section 10.2, however, shall affect the right of any party to serve legal process in any other manner permitted by Law. Each party agrees that a final, non-appealable judgment in any action or proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by Lawforum.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH PARTY OF THE PARTIES HERETO IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESSLY WAIVES ITS OR HIS RIGHT TO A JURY TRIAL BY JURY IN WITH RESPECT TO ANY CLAIMSUIT, DEMAND, ACTION, CAUSE OF ACTION, LITIGATION OR OTHER JUDICIAL PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, EQUITY OR OTHERWISE) ARISING OUT OF OR RELATING TO REGARDING THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY DISPUTE HEREUNDER OR THE ACTIONS OF THE PARTIES HERETO IN THE NEGOTIATIONRELATING HERETO. This Agreement shall be governed by, PERFORMANCE OR ENFORCEMENT HEREOFinterpreted under and construed in accordance with the internal laws of the State of New York applicable to contracts executed and to be performed wholly within that State without giving effect to the choice or conflict of laws principles or provisions thereof. Each of the parties hereto (i) agrees that any dispute under or with respect to this Agreement shall be determined before the state or federal courts situated in the City, County and State of New York, which courts shall have exclusive jurisdiction over and with respect to any such dispute, and each of the parties hereto hereby irrevocably submits to the exclusive jurisdiction of such courts. Each party hereby agrees not to raise any defense or objection, under the theory of forum non conveniens or otherwise, with respect to the jurisdiction of any federal court sitting in the State of Delaware or the Delaware Court of Chancery, in any action or proceeding arising out of or relating to this Agreement, (ii) agrees that all claims in respect of such action or proceeding may be heard and determined court. The prevailing party in any such court and (iii) agrees not to bring any action or proceeding dispute arising out of or relating to under this Agreement in any other court. Each shall be entitled, as part of the parties waives any judgment, to be reimbursed or paid its or his reasonable expenses (including, without limitation, reasonable attorneys' fee, other reasonable costs of collection, prosecution or defense of inconvenient forum to the maintenance and reasonable costs of any action or proceeding so brought and waives any bond, surety or other security that might be required of any other party related investigation) incurred in connection with respect thereto. Each party agrees that service of summons and complaint such dispute or any other process that might be served in any action or proceeding may be made on such party by sending or delivering a copy of the process to the party to be served at the address of the party and in the manner provided for the giving of notices in Section 10.4. Nothing in this Section 10.2, however, shall affect the right of any party to serve legal process in any other manner permitted by Law. Each party agrees that a final, non-appealable judgment in any action or proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by Lawappeal thereof.

WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION. EACH PARTY HERETO IRREVOCABLY WAIVES, TO OF THE FULLEST EXTENT PERMITTED BY LAW, ALL PARTIES EXPRESSLY WAIVES ITS OR HIS RIGHT TO A JURY TRIAL BY JURY IN WITH RESPECT TO ANY CLAIMSUIT, DEMAND, ACTION, CAUSE OF ACTION, LITIGATION OR OTHER JUDICIAL PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, EQUITY OR OTHERWISE) ARISING OUT OF OR RELATING TO REGARDING THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY COLLATERAL DOCUMENT OR THE ACTIONS OF THE PARTIES ANY DISPUTE HEREUNDER OR THEREUNDER OR RELATING HERETO IN THE NEGOTIATIONOR THERETO. This Agreement and each of the Collateral Documents shall be governed by, PERFORMANCE OR ENFORCEMENT HEREOFinterpreted under and construed in accordance with the internal laws of the State of New York applicable to contracts executed and to be performed wholly within that State without giving effect to the choice or conflict of laws principles or provisions thereof, except to the extent any provision hereof or thereof must be governed by, interpreted under or construed in accordance with the laws of the State of Delaware. Each of the parties hereto Parties agrees that any dispute under or with respect to this Agreement or any of the Collateral Documents shall (isubject to Section 10.14 below) be determined before the state or federal courts situated in the City, County and State of New York, which courts shall have exclusive jurisdiction over and with respect to any such dispute, and each of the Parties hereby irrevocably submits to the exclusive jurisdiction of such courts. Each Party hereby agrees not to raise any defense or objection, under the theory of forum non conveniens or otherwise, with respect to the jurisdiction of any federal court sitting such court. In addition to such other method as may available under applicable law, each Party agrees that any summons, complaint or other papers or process in connection with any such dispute (including any dispute contemplated by Section 10.14 below) may be served on it or him in the State of Delaware or the Delaware Court of Chancery, same manner in any action or proceeding arising out of or relating to this Agreement, (ii) agrees that all claims in respect of such action or proceeding which a Notice may be heard and determined in any such court and (iii) agrees not given to bring any action it or proceeding arising out of or relating him pursuant to this Agreement in any other court. Each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety or other security that might be required of any other party with respect thereto. Each party agrees that service of summons and complaint or any other process that might be served in any action or proceeding may be made on such party by sending or delivering a copy of the process to the party to be served at the address of the party and in the manner provided for the giving of notices in Section 10.4. Nothing in this Section 10.2, however, shall affect the right of any party to serve legal process in any other manner permitted by Law. Each party agrees that a final, non-appealable judgment in any action or proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by Law10.2 above.