Forum Selection provisions contained in Section 1 of the Service Guide, which is a part of the Agreement and can be found by typing xxxx://xxxxxxxxxxxxxxx.xxx.xxx/sg_flashPlayerPage/MS. Arbitration will take place on an individual basis. Class arbitrations, class actions, and representative actions are not permitted.
Forum Selection. The Customer agrees that the exclusive jurisdiction for any lawsuit related to or arising under this Rental Agreement shall be brought exclusively in the Superior Court of Xxxxxx County, Georgia or the United States District Court for the Northern District of Georgia. Customer waives any objection to jurisdiction and venue which Customer otherwise may have, to the venue listed for any such lawsuit. Hold Harmless: Customer shall defend, indemnify and hold harmless the Lessor, its employees, agents and subsidiaries, from and against all claims, liabilities, losses, damages to property or otherwise, and expenses, of every character whatsoever, resulting from the actions, negligent or otherwise, of Lessor, Lessor’s employees and agents of Lessor or Lessor’s subcontractors. The indemnities included in this agreement shall include reasonable attorney’s fees paid by the Lessor in defending suit and actions involving liability covered by the indemnification provision in this paragraph. Collections: Customer agrees that Lessor may pursue all avenues of collection, including use of collection agencies, and authorizes Lessor to take legal actions to recover all charges and all other unpaid amounts due to (A) Customer's failure to return or missing equipment, (B) damage or loss of equipment as a result of the negligence of Customer, (C) Customer's failure to pay the amount of any outstanding invoices, together with interest on such delinquent amounts at the rate of one and one half percent(1.5%) per month, which interest shall begin to accrue the day after payment was due in full, and (D) all other costs of collection and other unpaid charges, including, but not limited to, attorney's fees. Insurance: Customer represents and warrants that Customer has insurance against liability for injury to person and property in amounts equal to or more than a combined single limit of $1,000,000 and that Customer maintains insurance as the Customer’s primary insurance against loss and/or damage to the equipment in the amount equal to or more than $1,000,000. Severability: A determination that any provision of this Agreement is unenforceable or invalid, in whole or in part, shall not affect the validity of any other provision. Criminal Conversion: Customer’s failure to return or pay for rented equipment, or providing false information in connection with a rental, may be deemed a crime under applicable state law.
Forum Selection. The management company and all guests agree that any lawsuit involving this contract or involving any alleged tort occurring at the premises shall be brought in the Circuit Court of Xxxxxx County, Missouri.
Examples of Forum Selection in a sentence
Governing Law; Forum Selection; and Consent to Jurisdiction All matters or claims arising out of, related to, or in connection with the Contract, the Project, work or the relationship between the parties shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to the principles of conflicts of laws of such state.
Choice of Law and Forum Selection Clause: I agree that any and all claims and/or litigation arising from or out of my participation in any risky Army Training will be governed by the laws of the State of Kentucky, and will only be brought in the appropriate forum within the Western District of Kentucky, the location of the HQ, U.S. Army Cadet Command.
Savelle, The Brouhaha over Intra-Corporate Forum Selection Provisions: A Legal, Economic, and Political Analysis, 68 Bus.
Buxbaum, Forum Selection in International Contract Litigation: The Role of Judicial Discretion, 12 WILLAMETTE J.
Governing Law; Forum Selection; and Consent to Jurisdiction All matters or claims arising out of, related to, or in connection with the Contract, the Project, work or the relationship between the parties shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to the principles of conflicts of laws of such state.
Under that clear contractual framework, the stockholders assent to not having to assent to board-adopted bylaws.19In my opinion, the same analysis of Delaware law outlined in Chevron validates the Forum Selection Bylaw here.
Section 13.1. Governing Law, Forum Selection, And Consent To Jurisdiction.
There is no claim challenging the Forum Selection Bylaw in the Merger Complaint.
The broadened suffrage appealed to Liberals and Farmers in the second chamber who were divided over proportional representation.
Chevron is nonetheless instructive on the proper framework to consider the defendants’ motion to dismiss for improper venue.31My decision on whether the Forum Selection Bylaw is valid as-applied to Providence’s remaining claims is guided by the United States Supreme Court’s analysis in The Bremen v.
More Definitions of Forum Selection
Forum Selection. Any dispute, controversy or claim arising under this agreement or relating to any services provided by shall be submitted to, adjudicated by, and subject to the exclusive jurisdiction of the Circuit Court in Waukegan, Lake County Illinois and governed by the procedural and substantive laws of the State of Illinois. I have read and understand my rights and obligations as written in this agreement for the services of pet grooming by Calling All Paws. Date: Owner Signature:
Forum Selection. Any dispute, claim or controversy arising out of or relating to this Agreement, including, but not limited to, the breach, termination, enforcement, interpretation or validity thereof, and including, but not limited to, the determination of the scope or applicability of this agreement to arbitrate, if brought by Consultant, shall only be determined by arbitration in Los Angeles, California, which is the location of Global Eagle’s principal place of business and both parties hereby consent to such exclusive location and process. The arbitration shall take place before one arbitrator and administered by either JAMS or ADR Services, Inc., at the option of the Company. The judgment on the arbitration award may only be entered in the state and federal courts having within their jurisdiction the location of Global Eagle’s principal place of business which is Los Angeles, California, and Consultant hereby consents to such exclusive jurisdiction. This clause (b) shall not however preclude Consultant from seeking provisional remedies in aid of arbitration. However, the sole jurisdiction for Consultant seeking provisional relief shall be the state and federal courts having within their jurisdiction the location of Global Eagle’s principal place of business, which is Los Angeles, California, and Consultant hereby consents to such jurisdiction. If for any reason this arbitration agreement is found unenforceable (such as by waiver or otherwise) in whole or in part, then the sole jurisdiction for actions related to the subject matter of this Agreement shall be the state and federal courts having within their jurisdiction the location of the Company’s principal place of business, which is Los Angeles, California, and both parties hereby consent to such jurisdiction.
Forum Selection. Any dispute arising from this contractual relationship shall be solely and exclusively filed in, conducted in, and decided by the courts located in Sarpy County, Nebraska. As such, the Parties also agree to exclusive personal jurisdiction in the courts located in Sarpy County, Nebraska.
Forum Selection. Consent to Jurisdiction. Any litigation in connection with or in any way related to any Loan Document, or any course of conduct, course of dealing, statements (whether verbal or written), actions or inactions of Lender or Borrower will be brought and maintained exclusively in the courts of the Commonwealth of Virginia or in the United States District Court for the Eastern District of Virginia; provided, however, that any suit seeking enforcement against Borrower, any Collateral or any other property may also be brought (at Lender's option) in the courts of any other jurisdiction where such Collateral or other property may be found or where Lender may otherwise obtain personal jurisdiction over Borrower. Borrower hereby expressly and irrevocably submits to the jurisdiction of the courts of the Commonwealth of Virginia and of the United States District Court for the Eastern District of Virginia for the purpose of any such litigation as set forth above and irrevocably agrees to be bound by any final and non-applicable judgment rendered thereby in connection with such litigation. Borrower further irrevocably consents to the service of process by registered or certified mail, postage prepaid, or by personal service within or outside the Commonwealth of Virginia. Borrower hereby expressly and irrevocably waives, to the fullest extent permitted by law, any objection which it may have or hereafter may have to the laying of venue of any such litigation brought in any such court referred to above and any claim that any such litigation has been brought in an inconvenient forum. To the extent that Borrower 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 or otherwise) with respect to itself or its property, then Borrower hereby irrevocably waives such immunity in respect of its obligations under this Agreement.
Forum Selection. Unless the Corporation consents in writing to the selection of an alternative forum, to the fullest extent permitted by law, the Court of Chancery of the State of Delaware, or, if such court does not have jurisdiction, any other state or federal court in the State of Delaware) shall be the sole and exclusive forum for any internal corporate proceedings brought by a stockholder (including any beneficial owner), including without limitation: (i) any derivative action or proceeding brought on behalf of the Corporation, (ii) any action asserting a claim of breach of a fiduciary duty owed by any stockholder, director, officer, employee or agent of the Corporation to the Corporation or the Corporation’s stockholders, including a claim alleging the aiding and abetting of such a breach of fiduciary duty, (iii) any action asserting a claim against the Corporation (or any director, officer, stockholder, employee or agent of the Corporation) arising pursuant to or under any provision of the Delaware General Corporation Law or the Certificate of Incorporation or these Bylaws, (iv) any action to interpret, apply, enforce or determine the validity of the Certificate of Incorporation or these Bylaws, or (v) any action asserting a claim against the Corporation or any director, officer, stockholder, employee or agent of the Corporation governed by the internal affairs doctrine of the State of Delaware. Failure to enforce the foregoing provisions would cause the Corporation irreparable harm and the Corporation shall be entitled to equitable relief, including injunctive relief and specific performance, to enforce the foregoing provisions.”
Forum Selection. The exclusive venue for any controversy or claim arising out of or in connection with this AGREEMENT shall be Sydney, New South Wales and the parties hereto submit and consent to jurisdiction and venue in Sydney, New South Wales, except to the extent preempted by federal jurisdiction in which case such jurisdiction shall be in the Federal courts of Australia.