Common use of Equitable Enforcement Clause in Contracts

Equitable Enforcement. Notwithstanding anything to the contrary contained in this Section 13.10, any claim by any party for injunctive or other equitable relief, including specific performance (including specific performance of the agreement to resolve disputes related to or arising out of accounting matters contained in Section 13.10(a) and the agreement to arbitrate contained in Section 13.10(b)), may be brought in the Supreme Court of the State of New York, New York County, or in the United States District Court for the Southern District of New York before or as a result of arbitration, and any judgment, order or decree relating thereto shall have precedence over any arbitral award or proceeding. Each of Buyer, Times Mirror and Seller irrevocably submits to the exclusive jurisdiction of (i) the Supreme Court of the State of New York, New York County, and (ii) the United States District Court for the Southern District of New York, for the purposes of any suit, action or other proceeding arising out of this Agreement or any transaction contemplated hereby. Each of Buyer, Times Mirror and Seller agrees to commence any action, suit or proceeding relating hereto either in the United States District Court for the Southern District of New York or, if, for jurisdictional reasons, such suit, action or other proceeding may not be brought in such court, in the Supreme Court of the State of New York, New York County. Each of Buyer, Times Mirror and Seller further agrees that service of any process, summons, notice or document by U.S. registered mail to such party's respective address set forth in Section 13.06 above shall be effective service of process for any action, suit or proceeding in New York with respect to any matters to which it has submitted to jurisdiction as set forth above in the immediately preceding sentence. Each of Buyer, Times Mirror and Seller irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or proceeding arising out of this Agreement or the transactions contemplated hereby in (x) the Supreme Court of the State of New York, New York County, or (y) the United States District Court for the Southern District of New York, and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum.

Equitable Enforcement. Notwithstanding anything to the contrary contained in this Section 13.1010.9, any claim by any either party for injunctive or other equitable relief, including specific performance (including specific performance of the agreement to resolve disputes related to or arising out of accounting matters contained in Section 13.10(a) and the agreement to arbitrate contained in Section 13.10(b10.9(a)), may be brought in the Supreme Court of the State of New York, New York County, or in the United States District Court for the Southern District of New York before or as a result of arbitration, and any judgment, order or decree relating thereto shall have precedence over any arbitral award or proceeding. Each of Buyer, Times Mirror and Seller the Company irrevocably submits to the exclusive jurisdiction of (i) the Supreme Court of the State of New York, New York County, and (ii) the United States District Court for the Southern District of New York, for the purposes of any suit, action or other proceeding arising out of this Agreement or any transaction contemplated hereby. Each of Buyer, Times Mirror and Seller the Company agrees to commence any action, suit or proceeding relating hereto either in the United States District Court for the Southern District of New York or, if, for jurisdictional reasons, such suit, action or other proceeding may not be brought in such court, in the Supreme Court of the State of New York, New York County. Each of Buyer, Times Mirror and Seller the Company further agrees that service of any process, summons, notice or document by U.S. registered mail to such party's ’s respective address set forth in Section 13.06 10.6 above shall be effective service of process for any action, suit or proceeding in New York with respect to any matters to which it has submitted to jurisdiction as set forth above in the immediately preceding sentence. Each of Buyer, Times Mirror and Seller the Company irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or proceeding arising out of this Agreement or the transactions contemplated hereby in (x) the Supreme Court of the State of New York, New York County, or (y) the United States District Court for the Southern District of New York, and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum.

Equitable Enforcement. Notwithstanding anything to the contrary contained in this Section 13.1014.11, any claim by any either party for injunctive or other equitable relief, including includ- ing specific performance (including specific performance of the agreement to resolve disputes related to or arising out of accounting ac- counting matters contained in Section 13.10(a14.11(a) and the agreement agree- ment to arbitrate contained in Section 13.10(b14.11(b)), may be brought in the Supreme Court of the State of New York, New York County, or in the United States District Court for the Southern District of New York before or as a result of arbitration, and any judgment, order or decree relating thereto shall have precedence pre- cedence over any arbitral award or proceeding. Each of BuyerMcGraw- Hill, Times Mirror and Seller Mosby irrevocably submits to the exclusive exclu- sive jurisdiction of (i) the Supreme Court of the State of New York, New York County, and (ii) the United States District Court for the Southern District of New York, for the purposes of any suit, action or other proceeding arising out of this Agreement or any transaction contemplated hereby. Each of BuyerMcGraw-Hill, Times Mirror and Seller Mosby agrees to commence any actionac- tion, suit or proceeding relating hereto either in the United States District Court for the Southern District of New York or, if, for jurisdictional reasons, such suit, action or other proceeding pro- ceeding may not be brought in such court, in the Supreme Court of the State of New York, New York County. Each of BuyerMcGraw- Hill, Times Mirror and Seller Mosby further agrees that service of any process, summons, notice or document by U.S. registered mail to such party's respective address set forth in Section 13.06 14.06 above shall be effective service of process for any action, suit or proceeding in New York with respect to any matters to which it has submitted to jurisdiction as set forth above in the immediately preceding sentence. Each of BuyerMcGraw-Hill, Times Mirror and Seller Mosby irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or proceeding pro- ceeding arising out of this Agreement or the transactions contemplated con- templated hereby in (x) the Supreme Court of the State of New York, New York County, or (y) the United States District Court for the Southern District of New York, and hereby further irrevocably ir- revocably and unconditionally waives and agrees not to plead or claim in any such court that any such action, suit or proceeding proceed- ing brought in any such court has been brought in an inconvenient incon- venient forum.