Common use of GOVERNING LAW, JURISDICTION, SUCCESSORS AND BINDING EFFECT Clause in Contracts

GOVERNING LAW, JURISDICTION, SUCCESSORS AND BINDING EFFECT. This Agreement and its enforcement shall be governed by the laws of the State of New York without regard to conflicts of law principles. Client submits to the non-exclusive jurisdiction of the courts of the State of New York and of the Federal Courts in the Southern District of New York with respect to any claim arising out of or involving this Agreement. Client agrees that any claim, action or proceeding arising under or in any way relating to this Agreement must be brought, if at all, within one year of the date of the event(s) giving rise thereto. Client and Xxxxxxx Xxxxx hereby waive a trial by jury in any action arising out of or relating to this Agreement or any transaction in connection therewith. All provisions shall be continuous, and shall cover the Account which Client opens with Xxxxxxx Xxxxx, and shall inure to the benefit of Xxxxxxx Xxxxx’x parent firm or any successor organization, and shall be binding upon Client, its successors and assigns. In accordance with CFTC Regulation 1.65, Xxxxxxx Xxxxx may assign Client’s Account and this Agreement to another registered Futures Commission Merchant (“FCM”) by notifying Client of the date and name of the intended assignee FCM, which notice shall be provided to Client at least ten (10) business days prior to the date of the intended assignment. Unless Client objects to the assignment prior to the scheduled date for the assignment, the assignment will be binding on Client. Client may not assign this Agreement without Xxxxxxx Xxxxx’x prior consent, which shall not be unreasonably withheld.

Appears in 2 contracts

Samples: Account Agreement (ML Man Bayswater FuturesAccess LLC), Account Agreement (ML Chesapeake FuturesAccess LLC)

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GOVERNING LAW, JURISDICTION, SUCCESSORS AND BINDING EFFECT. This Any disputes arising out of or relating to this Agreement and its enforcement shall be governed by the laws of the State of New York without regard to conflicts of law principles. Client submits The parties submit to the non-exclusive jurisdiction of the courts of the State of New York and of the Federal Courts in the Southern District of New York with respect to any claim arising out of or involving relating to this Agreement. Client agrees that any claim, action or proceeding arising under or in any way relating to this Agreement must be brought, if at all, within one year of the date of the event(s) giving rise thereto. Client and Xxxxxxx Xxxxx hereby waive a trial by jury in any action arising out of or relating to this Agreement or any transaction in connection therewith. All provisions shall be continuous, and shall cover the Account which the Client opens with Xxxxxxx Xxxxx, and shall inure to the benefit of Xxxxxxx Xxxxx’x parent firm or any successor organization, and shall be binding upon the Client, its successors and assigns. If any part of this Agreement is found by a court of competent jurisdiction to be void, unlawful or unenforceable, the remainder of this Agreement shall continue in full force and effect. In accordance with CFTC Regulation 1.65, Xxxxxxx Xxxxx may assign Client’s the Account and this Agreement to another registered Futures Commission Merchant (“FCM”) FCM by notifying Client of the date and name of the intended assignee FCM, which notice shall be provided to Client at least ten (10) business days prior to the date of the intended assignment. Unless Client objects to the assignment prior to the scheduled date for the assignment, the assignment will be binding on the Client. Client may not assign this Agreement without Xxxxxxx Xxxxx’x prior consent, which shall not be unreasonably withheld.

Appears in 1 contract

Samples: Account Agreement (ProShares Trust II)

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GOVERNING LAW, JURISDICTION, SUCCESSORS AND BINDING EFFECT. This Agreement and its enforcement shall be governed by the laws of the State of New York without regard to conflicts of law principles. Client submits to the non-exclusive jurisdiction of the courts of the State of New York and of the Federal Courts in the Southern District of New York with respect to any claim arising out of or involving this Agreement. Client agrees that any claim, action or proceeding arising under or in any way relating to this Agreement must be brought, if at all, within one year of the date of the event(s) giving rise thereto. Client and Xxxxxxx Xxxxx Mxxxxxx Lxxxx hereby waive a trial by jury in any action arising out of or relating to this Agreement or any transaction in connection therewith. All provisions shall be continuous, and shall cover the Account which Client opens with Xxxxxxx XxxxxMxxxxxx Lxxxx, and shall inure to the benefit of Xxxxxxx Mxxxxxx Xxxxx’x parent firm or any successor organization, and shall be binding upon Client, its successors and assigns. In accordance with CFTC Regulation 1.65, Xxxxxxx Xxxxx Mxxxxxx Lxxxx may assign Client’s Account and this Agreement to another registered Futures Commission Merchant (“FCM”) by notifying Client of the date and name of the intended assignee FCM, which notice shall be provided to Client at least ten (10) business days prior to the date of the intended assignment. Unless Client objects to the assignment prior to the scheduled date for the assignment, the assignment will be binding on Client. Client may not assign this Agreement without Xxxxxxx Mxxxxxx Xxxxx’x prior consent, which shall not be unreasonably withheld.

Appears in 1 contract

Samples: Account Agreement (ML Transtrend DTP Enhanced FuturesAccess LLC)

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