Common use of Arbitration, Jurisdiction and Venue Clause in Contracts

Arbitration, Jurisdiction and Venue. For emergency relief, injunctive or otherwise, the parties hereby consent to the exclusive jurisdiction of the Supreme Court, State of New York or the Federal District Court of the Eastern District of New York and waive personal service of any and all process upon them and consent that all such service of process be made by registered or certified mail directed to them at the address stated herein and service so made shall be deemed to be completed five (5) days after mailing. The parties waive trial by jury and waive any objection to, and agree not to assert any defense based on the lack of, jurisdiction and venue, and consent to the granting of such legal or equitable relief as is deemed appropriate by the court. Except with respect to any such emergency relief, at the sole and exclusive option and discretion of Buyer, any other controversy or claim arising out of or relating to this Agreement, or any breach thereof, shall be settled in White Plains, New York in accordance with the Rules of the American Arbitration Association (as modified below), and judgment upon the award may be entered in any court having jurisdiction thereof. The arbitration panel shall be made up of three members, one of which shall be appointed by Buyer, one by Seller, and one by the other two arbitrators. Each arbitrator shall be an attorney experienced in matters relating to real estate and mortgage banking. Discovery shall be permitted in connection with the arbitration proceeding within the reasonable discretion of the arbitration panel. The decision (award) shall be in writing and shall set forth the rationale and legal basis therefor and such decision may be appealed by either party if it believes that the written decision (award) is based upon an error of law. The facts as determined by the original panel will be final and no appeal of such findings may be made. Such appeal shall be taken to a three-member arbitration panel, the members of which shall be selected in accordance with the above-described procedures and the panel's review shall be limited to the application of the statutory and decisional law of the State of New York (as modified by Article X(K) above) to the facts of the dispute as determined in writing by the original arbitration panel.

Arbitration, Jurisdiction and Venue. For With respect to any controversy, argument or claim arising out of or relating to this Agreement, or any breach thereof including, but not limited to, a request for emergency relief, injunctive or otherwise, ). the parties hereby consent to the exclusive jurisdiction of the Supreme Courtstate and federal courts having jurisdiction over Buyer at the time any such controversy, State of New York argument or the Federal District Court of the Eastern District of New York claim arises, and waive personal service of any and all process upon them and consent that all such service of process be made by registered or certified mail directed to them at the address stated herein and service so made shall be deemed to be completed five (5) days after mailing. The parties waive trial by jury and waive any objection toto jurisdiction and venue of any action instituted hereunder, and agree agree. not to assert any defense based on the lack of, of jurisdiction and venue, or venue and consent to the granting of such legal or equitable relief as is deemed appropriate by the court, including, but not limited to, any emergency relief, injunctive or otherwise. Except However, anything to the contrary notwithstanding, except with respect to any such emergency relief, at Buyer shall have the sole and exclusive option and discretion of Buyerto have any controversy, any other controversy argument or claim arising out of or relating to this Agreement, or any breach thereof, shall be settled in White Plainsthe county and state of Buyer's principal office, New York in accordance with the Rules of the American Arbitration Association (as modified below), and judgment upon the award may be entered in any court Court having jurisdiction thereof. thereof The arbitration panel shall be made up of three members, one of members which shall be appointed appointed: one by Buyer, one by Seller, Seller and one the third by the other first two arbitrators. Each arbitrator shall be an attorney a lawyer experienced in matters relating to real estate and mortgage banking. Discovery shall be permitted in connection with the arbitration proceeding within the reasonable discretion of the arbitration panel. The decision (award) shall be in writing and shall set forth the rationale and legal basis therefor therefor, and such decision may be appealed by either party if it the party believes that the written decision (award) is based upon an error of law. The facts as determined by the original panel will be final and no appeal of such findings may be made. Such appeal shall be taken to a three-member arbitration panel, the members of which shall be selected in accordance with the above-described procedures procedures, and the panel's review shall be limited to the application of the statutory and decisional law of the State state of New York Florida (as modified by Article X(KParagraph XI(K) above) to the facts of the dispute as determined in writing by the original arbitration panel.

Arbitration, Jurisdiction and Venue. For With respect to any controversy, argument or claim arising out of or relating to this Agreement, or any breach thereof (including, but not limited to, a request for emergency relief, injunctive or otherwise), the parties hereby consent to the exclusive jurisdiction of the Supreme Court, State of New York or the Federal District Supreme Court of the Eastern District of New York Nassau County and waive personal service of any and all process upon on them and consent that all such service of process be made by registered or certified mail or by a carrier who guarantees delivery of such parcel overnight directed to them at the address stated herein and service so made shall be deemed to be completed five (5) days after mailing. The parties waive trial by jury and waive any objection toto jurisdiction and venue of any action instituted hereunder, and agree not to assert any defense based on the lack of, of jurisdiction and venue, or venue and consent to the granting of such legal or equitable relief as is deemed appropriate by the court, including, but not limited to, any emergency relief, injunctive or otherwise. Except However, anything to the contrary notwithstanding, except with respect to any such emergency relief, at Buyer shall have the sole and exclusive option and discretion of Buyerto have any controversy, any other controversy argument or claim arising out of or relating to this Agreement, or any breach thereof, shall be settled in White PlainsLake Success, New York in accordance with the Rules of the American Arbitration Association (as modified below), and judgment upon the award may be entered in any court Court having jurisdiction thereof. The arbitration panel shall be made up of three members, one of members which shall be appointed appointed: one by Buyer, one by Seller, Seller and one the third by the other first two arbitrators. Each arbitrator shall be an attorney a lawyer experienced in matters relating to real estate and mortgage banking. Discovery shall be permitted in connection with the arbitration proceeding within the reasonable discretion of the arbitration panel. The decision (award) shall be in writing and shall set forth the rationale and legal basis therefor and such decision may be appealed by either party if it believes that the written decision (award) is based upon an error of law. The facts as determined by the original panel will be final and no appeal of such findings may be made. Such appeal shall be taken to a three-member arbitration panel, the members of which shall be selected in accordance with the above-described procedures procedures, and the panel's panels review shall be limited to the application of the statutory and decisional law laws of the State of New York (as modified by Article X(KParagraph XI(K) above) to the facts of the dispute as determined in writing by the original arbitration panel.