Exclusive Remedy and Jurisdiction of the Court Sample Clauses

Exclusive Remedy and Jurisdiction of the Court. The Parties agree that the Court shall retain continuing jurisdiction over the Action, Class Counsel, the parties, Settlement Class Members, and the Claims Administrator in order to interpret and enforce the terms, conditions and obligations under this Agreement.
AutoNDA by SimpleDocs
Exclusive Remedy and Jurisdiction of the Court. This Agreement shall be the sole and exclusive remedy for any and all Released Claims. Upon entry of the Final Order and Judgment, each Class Member may not initiate, assert or prosecute any Released Claims against any Released Party. If any Class Member who does not opt-out in accordance with the procedures set forth in this Settlement Agreement attempts to prosecute an action asserting a Released Claim, counsel for any affected Party shall forward this Agreement and the Final Order and Judgment to such Class Member and advise the Class Member of the releases provided under this Settlement Agreement. This Court shall retain exclusive and continuing jurisdiction over the Consolidated Action and all Parties and Class Members to interpret and enforce this Settlement Agreement. No Case 1:14-cv-14750-DPW Document 100-1 Filed 04/26/19 Page 32 of 66 Case 1:14-cv-14750-DPW Document 100-1 Filed 04/26/19 Page 33 of 66 Case 1:14-cv-14750-DPW Document 100-1 Filed 04/26/19 Page 34 of 66 Case 1:14-cv-14750-DPW Document 100-1 Filed 04/26/19 Page 35 of 66 Case 1:14-cv-14750-DPW Document 100-1 Filed 04/26/19 Page 36 of 66 Exhibit A UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS XXXXXX XXXXXXXXX, XXXXXXXXXX XXXXX, XXXXXXXXX XXXXXX, and XXXX XxXXXXXX, on behalf of themselves and others similarly situated, Plaintiffs,
Exclusive Remedy and Jurisdiction of the Court. This Agreement shall be the sole 28 and exclusive remedy for any and all Released Claims. Upon entry of the Final Order and Case 3:15-cv-04348-MEJ Document 12-3 Filed 11/20/15 Page 24 of 26 1 APPROVED AS TO FORM BY COUNSEL 2 Dated: November 20, 2015 FENWICK & WEST LLP 3 4 By: /s/ Xxxxx X. Xxxxx Xxxxxxxx X. Xxxxxxx 5 Xxxxx X. Xxxxx Annasara X. Xxxxxxx Attorneys for Defendant 7 UBER TECHNOLOGIES, INC. 9 Dated: November 20, 2015 XXXXXXXXX XXXXXXX XXXXXXXX XXXXXXX XXXXXXX LLP 10 11 By: /s/ Xxxx X. Xxxxxxxxx Xxxxxxx X. XxXxx 13 XXXXXXXXX XXXXXXX XXXXXXXX 14 XXXXXXX XXXXXXX LLP 0000 Xxxxxx Xxxxxx, Suite 1400 15 Emeryville, CA 94608 Telephone: 000.000.0000 16 Facsimile: 415.421.7105 17 Xxxx Xxxxx Xxxxxxxxx Xxxx 18 XXXXXX & XXXXXXX LLP 00 Xxxx Xxxxxx, Xxxxx 000 00 Xxxxxx, XX 00000 Telephone: 000.000.0000 20 Facsimile: 617.951.3954 21 Xxxxx Xxxxx JAILE & XXXXXXX LLC 22 000 Xxxxxx Xxxxxx Xxxx Xxxxxx, XX 00000 23 Telephone: 000.000.0000 24 Facsimile: 617.561.0300 Attorneys for Plaintiff 1 ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3) 2 I, Xxxx X. Xxxxxxxxx, am the ECF user whose ID and password are being used to file this 3 STIPULATION OF SETTLEMENT AGREEMENT AND RELEASE. In compliance with Civil 4 Local Rule 5-1(i)(3), I hereby attest that all other signatories listed have concurred in this filing. 5 Dated: November 20, 2015 /s/ Xxxx X. Xxxxxxxxx 10 11 12 13 14 15 16 17 18 19 20 21 22

Related to Exclusive Remedy and Jurisdiction of the Court

  • Governing Law; Venue and Jurisdiction THIS DPA WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF THE LEA, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. EACH PARTY CONSENTS AND SUBMITS TO THE SOLE AND EXCLUSIVE JURISDICTION TO THE STATE AND FEDERAL COURTS FOR THE COUNTY OF THE LEA FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS DPA OR THE TRANSACTIONS CONTEMPLATED HEREBY.

  • Governing Law, Jurisdiction and Venue No Waiver of Jury Trial: This Agreement will be governed by the laws of the State of Vermont. Any action or proceeding brought by either the State or the Party in connection with this Agreement shall be brought and enforced in the Superior Court of the State of Vermont, Civil Division, Washington Unit. The Party irrevocably submits to the jurisdiction of this court for any action or proceeding regarding this Agreement. The Party agrees that it must first exhaust any applicable administrative remedies with respect to any cause of action that it may have against the State with regard to its performance under this Agreement. Party agrees that the State shall not be required to submit to binding arbitration or waive its right to a jury trial.

  • Jurisdiction and Venue This Contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Marin County, California.

  • Applicable Law; Jurisdiction and Venue (a) LENDER HAS OFFICES IN THE STATE OF NEW YORK AND THE PROCEEDS OF THE LOAN DELIVERED PURSUANT HERETO WERE DISBURSED FROM THE STATE OF NEW YORK (“GOVERNING STATE”), WHICH STATE THE PARTIES AGREE HAS A SUBSTANTIAL RELATIONSHIP TO THE PARTIES AND TO THE UNDERLYING TRANSACTION EMBODIED HEREBY, AND IN ALL RESPECTS, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MATTERS OF CONSTRUCTION, VALIDITY AND PERFORMANCE, THIS GUARANTY, THE NOTE AND THE OTHER LOAN DOCUMENTS AND THE OBLIGATIONS ARISING HEREUNDER AND THEREUNDER SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS MADE AND PERFORMED IN SUCH STATE (WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS) AND ANY APPLICABLE LAW OF THE UNITED STATES OF AMERICA, EXCEPT THAT AT ALL TIMES THE PROVISIONS FOR THE CREATION, PERFECTION, AND ENFORCEMENT OF THE LIEN AND SECURITY INTEREST CREATED PURSUANT TO THE LOAN DOCUMENTS SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE LAW OF THE STATE IN WHICH THE PROPERTY IS LOCATED, IT BEING UNDERSTOOD THAT, TO THE FULLEST EXTENT PERMITTED BY THE LAW OF SUCH STATE, THE LAW OF THE STATE OF NEW YORK SHALL GOVERN THE CONSTRUCTION, VALIDITY AND ENFORCEABILITY OF ALL LOAN DOCUMENTS AND ALL OF THE OBLIGATIONS ARISING HEREUNDER OR THEREUNDER. TO THE FULLEST EXTENT PERMITTED BY LAW, GUARANTOR HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVES ANY CLAIM TO ASSERT THAT THE LAW OF ANY OTHER JURISDICTION GOVERNS THIS GUARANTY, THE NOTE AND THE OTHER LOAN DOCUMENTS, AND THIS GUARANTY, THE NOTE AND THE OTHER LOAN DOCUMENTS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK PURSUANT TO SECTION 5-1401 OF THE NEW YORK GENERAL OBLIGATIONS LAW.

  • Arbitration and Jurisdiction (A) All claims, disputes and matters of conflict between the Parties arising hereunder shall be referred to or submitted for arbitration in London in accordance with English Law before a sole arbitrator to be agreed between the Parties or in default of agreement by an arbitrator to be nominated by the Chairman of The Stock Exchange on the application of either Party, and this Agreement shall be deemed for this purpose to be a submission to arbitration within the Arbitration Acts 1950 and 1979, or any statutory modification or re-enactment thereof for the time being in force.

  • Governing Law; Jurisdiction; Venue This Agreement and all acts and transactions hereunder and all rights and obligations of Silicon and Borrower shall be governed by the laws of the State of California. As a material part of the consideration to Silicon to enter into this Agreement, Borrower (i) agrees that all actions and proceedings relating directly or indirectly to this Agreement shall, at Silicon's option, be litigated in courts located within California, and that the exclusive venue therefor shall be Santa Xxxxx County; (ii) consents to the jurisdiction and venue of any such court and consents to service of process in any such action or proceeding by personal delivery or any other method permitted by law; and (iii) waives any and all rights Borrower may have to object to the jurisdiction of any such court, or to transfer or change the venue of any such action or proceeding.

  • Governing Law; Consent to Jurisdiction and Venue THIS AGREEMENT AND THE OBLIGATIONS ARISING HEREUNDER SHALL BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS MADE AND PERFORMED IN SUCH STATE AND ANY APPLICABLE LAWS OF THE UNITED STATES OF AMERICA. EACH OF THE PARTIES HERETO HEREBY CONSENTS AND AGREES THAT THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NEW YORK SHALL HAVE JURISDICTION TO HEAR AND DETERMINE ANY CLAIMS OR DISPUTES AMONG THE PARTIES HERETO PERTAINING TO THIS AGREEMENT OR TO ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT; PROVIDED THAT THE PARTIES HERETO ACKNOWLEDGE THAT ANY APPEALS FROM THOSE COURTS MAY HAVE TO BE HEARD BY A COURT LOCATED OUTSIDE OF NEW YORK, NEW YORK. EACH OF THE PARTIES HERETO EXPRESSLY SUBMITS AND CONSENTS IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR SUIT COMMENCED IN ANY SUCH COURT, AND EACH OF THE PARTIES HERETO HEREBY WAIVES ANY OBJECTION WHICH IT MAY HAVE BASED UPON LACK OF PERSONAL JURISDICTION, IMPROPER VENUE OR FORUM NON CONVENIENS.

  • Governing Law; Venue; Jurisdiction This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of New York, without reference to principles of conflicts or choice of law thereof. Each of the parties consents to the jurisdiction of the U.S. District Court in the Southern District of New York in connection with any dispute arising under this Agreement and hereby waives, to the maximum extent permitted by law, any objection, including any objection based on forum non conveniens. to the bringing of any such proceeding in such jurisdictions. Each party hereby agrees that if another party to this Agreement obtains a judgment against it in such a proceeding, the party which obtained such judgment may enforce same by summary judgment in the courts of any country having jurisdiction over the party against whom such judgment was obtained, and each party hereby waives any defenses available to it under local law and agrees to the enforcement of such a judgment. Each party to this Agreement irrevocably consents to the service of process in any such proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to such party at it address set forth herein. Nothing herein shall affect the right of any party to serve process in any other manner permitted by law. Each party waives its right to a trial by jury.

  • Applicable Law; Forum, Venue and Jurisdiction (a) This Agreement shall be construed in accordance with and governed by the laws of the State of Delaware, without regard to the principles of conflicts of law.

  • Applicable Law, Venue and Jurisdiction Borrower agrees that this Note shall be deemed to have been made in the State of Texas at Lender's address indicated at the beginning of this Note and shall be governed by, and construed in accordance with, the laws of the State of Texas and is performable in the City and County of Texas indicated at the beginning of this Note. In any litigation in connection with or to enforce this Note or any indorsement or guaranty of this Note or any Loan Documents, Obligors, and each of them, irrevocably consent to and confer personal jurisdiction on the courts of the State of Texas or the United States courts located within the State of Texas. Nothing contained herein shall, however, prevent Lender from bringing any action or exercising any rights within any other state or jurisdiction or from obtaining personal jurisdiction by any other means available under applicable law.

Time is Money Join Law Insider Premium to draft better contracts faster.