Common use of Jurisdiction and Waiver of Jury Trial Clause in Contracts

Jurisdiction and Waiver of Jury Trial. EACH PARTY TO THIS AGREEMENT HEREBY IRREVOCABLY AGREES THAT ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY AGREEMENTS OR TRANSACTIONS CONTEMPLATED HEREBY MAY BE BROUGHT IN THE XXXXXX XX XXX XXXXX XX XXX XXXX XX OF THE UNITED STATES OF AMERICA FOR THE SOUTHERN DISTRICT OF NEW YORK, IN EACH CASE LOCATED IN THE COUNTY OF NEW YORK, AND HEREBY EXPRESSLY SUBMITS TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS FOR THE PURPOSES THEREOF AND EXPRESSLY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM OF IMPROPER VENUE AND ANY CLAIM THAT SUCH COURTS ARE AN INCONVENIENT FORUM. EACH PARTY HEREBY IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS OF ANY OF THE AFOREMENTIONED COURTS PURSUANT TO A CONTRACTUAL PROVISION IN ANY SUCH SUIT, ACTION OR PROCEEDING BY THE MAILING OF COPIES THEREOF BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, TO THE ADDRESS SET FORTH IN SECTION 11.2, SUCH SERVICE TO BECOME EFFECTIVE 10 DAYS AFTER SUCH MAILING. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW WHICH CANNOT BE WAIVED, EACH PARTY HEREBY WAIVES, AND COVENANTS THAT IT WILL NOT ASSERT (WHETHER AS PLAINTIFF, DEFENDANT OR OTHERWISE), ANY RIGHT TO TRIAL BY JURY IN ANY FORUM IN RESPECT OF ANY ISSUE, CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR THE SUBJECT MATTER HEREOF OR ANY FUNDAMENTAL DOCUMENT, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING OR WHETHER IN CONTRACT OR TORT OR OTHERWISE.

Jurisdiction and Waiver of Jury Trial. EACH PARTY TO THIS AGREEMENT GUARANTOR HEREBY IRREVOCABLY AGREES THAT ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY AGREEMENTS OR TRANSACTIONS CONTEMPLATED HEREBY MAY BE BROUGHT IN THE XXXXXX XX XXX XXXXX XX XXX XXXX XX OF THE UNITED STATES OF AMERICA FOR THE SOUTHERN DISTRICT OF NEW YORK, IN EACH CASE LOCATED IN THE COUNTY OF NEW YORK, AND HEREBY EXPRESSLY SUBMITS TO THE PERSONAL EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATED WITHIN HAMIXXXX XXXNTY, OHIO, OR, AT THE OPTION OF LENDER IN ITS SOLE DISCRETION, OF ANY STATE OR FEDERAL COURT(S) LOCATED WITHIN ANY OTHER COUNTY, STATE OR JURISDICTION IN WHICH LENDER AT ANY TIME OR FROM TIME TO TIME CHOOSES IN ITS SOLE DISCRETION TO BRING AN ACTION OR OTHERWISE EXERCISE A RIGHT OR REMEDY, AND GUARANTOR WAIVES ANY OBJECTION BASED ON FORUM NON CONVENIENS AND ANY OBJECTION TO VENUE OF ANY SUCH COURTS ACTION OR PROCEEDING. GUARANTOR HEREBY IRREVOCABLY CONSENTS THAT ALL SERVICE OF PROCESS BE MADE BY CERTIFIED MAIL DIRECTED TO GUARANTOR AT ITS ADDRESS SET FORTH HEREIN FOR NOTICES AND SERVICE SO MADE WILL BE DEEMED TO BE COMPLETED THE PURPOSES EARLIER OF GUARANTOR'S ACTUAL RECEIPT THEREOF AND EXPRESSLY WAIVESOR FIVE (5) BUSINESS DAYS AFTER THE SAME HAS BEEN DEPOSITED IN U.S. MAILS, TO THE MAXIMUM EXTENT POSTAGE PREPAID. NOTHING CONTAINED HEREIN WILL PREVENT LENDXX XXXM SERVING PROCESS IN ANY OTHER MANNER PERMITTED BY LAW, ANY CLAIM OF IMPROPER VENUE . GUARANTOR AND ANY CLAIM THAT SUCH COURTS ARE AN INCONVENIENT FORUM. EACH PARTY HEREBY IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS OF ANY OF THE AFOREMENTIONED COURTS PURSUANT TO A CONTRACTUAL PROVISION IN ANY SUCH SUIT, ACTION OR PROCEEDING BY THE MAILING OF COPIES THEREOF BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, TO THE ADDRESS SET FORTH IN SECTION 11.2, SUCH SERVICE TO BECOME EFFECTIVE 10 DAYS AFTER SUCH MAILING. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW WHICH CANNOT BE WAIVED, EACH PARTY HEREBY WAIVES, AND COVENANTS THAT IT WILL NOT ASSERT (WHETHER AS PLAINTIFF, DEFENDANT OR OTHERWISE), LENDXX XXXH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY FORUM IN RESPECT OF ANY ISSUEACTION OR PROCEEDING RELATING TO THIS GUARANTEE, CLAIMTHE SECURITY DOCUMENTS, DEMANDTHE OBLIGATIONS, ACTIONTHE COLLATERAL, IF ANY, OR CAUSE ANY ACTUAL OR PROPOSED TRANSACTION OR OTHER MATTER CONTEMPLATED IN OR RELATING TO ANY OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR THE SUBJECT MATTER HEREOF OR ANY FUNDAMENTAL DOCUMENTFOREGOING. [SIGNATURES ON NEXT PAGE] CORPLEX, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING OR WHETHER IN CONTRACT OR TORT OR OTHERWISE.INC. By: -------------------------------------- Abrax Xxxxxx Title: ----------------------------------- Date: March 30, 2001 O'GARA SECURITY INTERNATIONAL, INC. By: -------------------------------------- Abrax Xxxxxx Title: ----------------------------------- Date: March 30, 2001 O'GARA SATELLITE NETWORKS, INC. By: -------------------------------------- Abrax Xxxxxx Title: ----------------------------------- Date: March 30, 2001 KROLL ENVIRONMENTAL ENTERPRISES, INC. By: -------------------------------------- Abrax Xxxxxx Title: ----------------------------------- Date: March 30, 2001 KROLL INFORMATION SERVICES, INC. By: -------------------------------------- Abrax Xxxxxx Title: ----------------------------------- Date: March 30, 2001

Jurisdiction and Waiver of Jury Trial. EACH PARTY TO THIS AGREEMENT HEREBY IRREVOCABLY AGREES THAT ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY AGREEMENTS OR TRANSACTIONS CONTEMPLATED HEREBY MAY BE BROUGHT IN THE XXXXXX XX XXX XXXXX XX XXX XXXX XX OF THE UNITED STATES OF AMERICA FOR THE SOUTHERN DISTRICT Guarantor hereby irrevocably agrees and submits to the exclusive jurisdiction of any state or federal court located within the state where the real estate that is the subject of the Loan Documents is located, or, at the option of Lender in its sole discretion of any state or federal court(s) located within any other county, state or jurisdiction in which Lender at any time or from time to time chooses in its sole discretion to bring an action or otherwise exercise a right or remedy and where Guarantor is located or where any of its assets are located, and Guarantor waives any objection based on forum non conveniens and any objection to venue of any such action or proceeding. Guarantor hereby irrevocably consents that all service of process be made by certified mail directed to Guarantor at its address set forth herein for notices and service so made will be deemed to be completed the earlier of Guarantor’s actual receipt thereof or five (5) Business Days after the same has been deposited in U.S. Mails, postage prepaid. Nothing contained herein will prevent Lender from serving process in any other manner permitted by law. Guarantor and Lender each waive any right to trial by jury in any action or proceeding relating to this Guaranty, the Loan Documents, the Loan, the collateral or any actual or proposed transaction or other matter contemplated in or relating to any of the foregoing. [Signature page to Limited Recourse Guaranty] BLUEROCK RESIDENTIAL GROWTH REIT, INC., a Maryland corporation By: /s/ Mxxxxxx Xxxxx Print Name: Mxxxxxx Xxxxx Title: Authorized Signatory Dated as of March 10, 2016. STATE OF NEW YORK, IN EACH CASE LOCATED IN THE YORK § §SS: COUNTY OF NEW YORKYORK § This instrument was acknowledged before me on the 10th day of March, AND HEREBY EXPRESSLY SUBMITS TO 2016, by Mxxxxxx Xxxxx, the Authorized Signatory of BLUEROCK RESIDENTIAL GROWTH REIT, INC., a Maryland corporation and Guarantor under the foregoing instrument, on behalf of said corporation, and who represented to me to be said person. /s/ Dxxx Xxxxx [SEAL] Notary Public, State of New York My Commission Expires:1/28/2017 Printed Name of Notary: Dxxx Xxxxx EXHIBIT A Legal Description of the Property All that certain lot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the City of Destin, County of Okaloosa, State of Florida. TRACT I - FEE SIMPLE: Lxx 0, XXXXXX XXXXXXXXX BEACH SUBDIVISION, as recorded in Plat Book 24, page 70, of the Public Records of Okaloosa County, Florida. TOGETHER WITH THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS FOR THE PURPOSES THEREOF AND EXPRESSLY WAIVESFOLLOWING EASEMENTS: EASEMENT 1: Together with non-exclusive easements for drainage, TO THE MAXIMUM EXTENT PERMITTED BY LAWlandscaping and construction of improvements contained in Drainage and Restriction Agreement by and between HBT, ANY CLAIM OF IMPROPER VENUE AND ANY CLAIM THAT SUCH COURTS ARE AN INCONVENIENT FORUMLLC, a Florida limited liability company, and AHB APARTMENTS, LLC, a Delaware limited liability company, recorded in Official Records Book 2830, page 2171, of the Public Records of Okaloosa County, Florida. EACH PARTY HEREBY IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS OF ANY OF THE AFOREMENTIONED COURTS PURSUANT TO A CONTRACTUAL PROVISION IN ANY SUCH SUITEASEMENT 2: Together with non-exclusive easements for drainage, ACTION OR PROCEEDING BY THE MAILING OF COPIES THEREOF BY REGISTERED OR CERTIFIED MAILutilities, POSTAGE PREPAIDvehicular and pedestrian, TO THE ADDRESS SET FORTH IN SECTION 11.2ingress and egress, SUCH SERVICE TO BECOME EFFECTIVE 10 DAYS AFTER SUCH MAILINGsignage and landscaping contained in Access, Utilities and Drainage Easement Agreement by and between HBT, LLC, a Florida limited liability company, and AHB APARTMENTS, LLC, a Delaware limited liability company, recorded in Official Records Book 2830, page 2186, of the Public Records of Okaloosa County, Florida. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW WHICH CANNOT BE WAIVEDEASEMENT 3: Together with non-exclusive easements for vehicular and pedestrian ingress and egress, EACH PARTY HEREBY WAIVESand the installation, AND COVENANTS THAT IT WILL NOT ASSERT (WHETHER AS PLAINTIFFuse, DEFENDANT OR OTHERWISE)maintenance and removal of utilities contained in Operation and Easement Agreement by and between HBT, ANY RIGHT TO TRIAL BY JURY IN ANY FORUM IN RESPECT OF ANY ISSUELLC, CLAIMa Florida limited liability company, DEMANDand AHB APARTMENTS, ACTIONLLC, OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR THE SUBJECT MATTER HEREOF OR ANY FUNDAMENTAL DOCUMENTa Delaware limited liability company, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING OR WHETHER IN CONTRACT OR TORT OR OTHERWISErecorded in Official Records Book 2830, page 2221, of the Public Records of Okaloosa County, Florida. TRACT II - FEE SIMPLE: Lxx 0, XXXXXX XXXXXXXXX BEACH PHASE 2, as recorded in Plat Book 26, page 20, of the Public Records of Okaloosa County, Florida.

Jurisdiction and Waiver of Jury Trial. EACH PARTY THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT GIVING EFFECT TO THE PRINCIPLES OF CONFLICTS OF LAWS THEREOF. SELLER HEREBY SUBMITS (IF FEDERAL JURISDICTION IS AVAILABLE) TO THE EXCLUSIVE JURISDICTION OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS, DALLAS DIVISION, OR (IF FEDERAL JURISDICTION IS NOT AVAILABLE) TO THE EXCLUSIVE JURISDICTION OF ANY TEXAS STATE COURT SITTING IN DALLAS, TEXAS FOR PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. SELLER IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH SELLER MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH PROCEEDING BROUGHT IN SUCH A COURT AND ANY CLAIM THAT ANY SUCH PROCEEDING BROUGHT IN SUCH A COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. SELLER HEREBY IRREVOCABLY AGREES THAT WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY AGREEMENTS OR THE TRANSACTIONS CONTEMPLATED HEREBY MAY BE BROUGHT IN THE XXXXXX XX XXX XXXXX XX XXX XXXX XX HEREBY. REMAINDER OF THE UNITED STATES OF AMERICA FOR THE SOUTHERN DISTRICT OF NEW YORKTHIS PAGE LEFT BLANK INTENTIONALLY Triad Personnel Services, IN EACH CASE LOCATED IN THE COUNTY OF NEW YORKInc., AND HEREBY EXPRESSLY SUBMITS TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS FOR THE PURPOSES THEREOF AND EXPRESSLY WAIVESBMPS, TO THE MAXIMUM EXTENT PERMITTED BY LAWInc. and General Employment Enterprises, ANY CLAIM OF IMPROPER VENUE AND ANY CLAIM THAT SUCH COURTS ARE AN INCONVENIENT FORUMInc. Account Purchase Agreement December 2010 Triad Personnel Services, Inc. By: Xxxxxxxxx X. Xxxxx, CEO Sworn and subscribed before me this 10 day of December 2010. EACH PARTY HEREBY IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS OF ANY OF THE AFOREMENTIONED COURTS PURSUANT TO A CONTRACTUAL PROVISION IN ANY SUCH SUITNOTARY PUBLIC BMPS, ACTION OR PROCEEDING BY THE MAILING OF COPIES THEREOF BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, TO THE ADDRESS SET FORTH IN SECTION 11.2, SUCH SERVICE TO BECOME EFFECTIVE 10 DAYS AFTER SUCH MAILING. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW WHICH CANNOT BE WAIVED, EACH PARTY HEREBY WAIVES, AND COVENANTS THAT IT WILL NOT ASSERT (WHETHER AS PLAINTIFF, DEFENDANT OR OTHERWISE), ANY RIGHT TO TRIAL BY JURY IN ANY FORUM IN RESPECT OF ANY ISSUE, CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR THE SUBJECT MATTER HEREOF OR ANY FUNDAMENTAL DOCUMENT, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING OR WHETHER IN CONTRACT OR TORT OR OTHERWISE.Inc. By: