Waiver of Trial by Jury; Jurisdiction. All litigation relating to or arising under or in connection with this Agreement or any of the Transaction Documents shall be brought only in a United Stated District Court or a state court located in the State of Delaware, which shall have exclusive jurisdiction to resolve any disputes with respect to this Agreement or the Transaction Documents, with each Party irrevocably consenting to the jurisdiction thereof for any Legal Proceedings arising out of or relating to this Agreement or the Transaction Documents. The Parties irrevocably waive trial by jury in any Legal Proceeding relating to this Agreement, the Transaction Documents or any other agreement entered into in connection therewith and for any counterclaim with respect thereto. To the extent that any Party has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, such Party hereby irrevocably waives such immunity in respect of its obligations under this Agreement. Each Party irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any Legal Proceeding arising out of or relating to this Agreement in any such Delaware court. Each Party hereby irrevocably waives, to the fullest extent permitted by applicable law, the defense of an inconvenient forum to the maintenance of such Legal Proceeding.
Appears in 2 contracts
Samples: Asset Sale Agreement (Performance Technologies Inc \De\), Asset Sale Agreement (Performance Technologies Inc \De\)
Waiver of Trial by Jury; Jurisdiction. All litigation relating to or arising under or in connection with this Agreement or any of the Transaction Documents Ancillary Agreements shall be brought only in a United Stated District Court or a state court located in the State of Delaware, which shall have exclusive jurisdiction to resolve any disputes with respect to this Agreement or the Transaction DocumentsAncillary Agreements, with each Party irrevocably consenting to the jurisdiction thereof for any Legal Proceedings Actions arising out of or relating to this Agreement or the Transaction DocumentsAncillary Agreements. The Parties irrevocably waive trial by jury in any Legal Proceeding Action relating to this Agreement, the Transaction Documents Ancillary Agreements or any other agreement entered into in connection therewith and for any counterclaim with respect thereto. To the extent that any Party has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, such Party hereby irrevocably waives such immunity in respect of its obligations under this Agreement. Each Party irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any Legal Proceeding Action arising out of or relating to this Agreement in any such Delaware court. Each Party hereby irrevocably waives, to the fullest extent permitted by applicable lawLegal Requirement, the defense of an inconvenient forum to the maintenance of such Legal ProceedingAction in any such court.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Computer Sciences Corp), Asset Purchase Agreement (Equifax Inc)