RIGHT TO TRIAL BY JURY. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
RIGHT TO TRIAL BY JURY. 19.5. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies provided in this Lease or any other remedies provided by law (all such remedies being cumulative), nor shall pursuit of any remedy provided in this Lease constitute a forfeiture or waiver of any rent due to Landlord under this Lease or of any damages accruing to Landlord by reason of the violation of any of the terms, provisions and covenants contained in this Lease.
RIGHT TO TRIAL BY JURY. (c) Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies provided in this Sublease or any other remedies provided by law or in equity (all such remedies being cumulative), nor shall pursuit of any remedy provided in this Sublease constitute a forfeiture or waiver of any Rent due to Sublessor under this Sublease or of any damages accruing to Sublessor by reason of the violation of any of the terms, provisions and covenants contained in this Sublease.
RIGHT TO TRIAL BY JURY. Each of eFunds and Deluxe consents to the jurisdiction of any local, state or Federal court located within the State of Minnesota, and waives any objection relating to improper venue of forum non conveniens to the conduct of any proceeding in any such court.
RIGHT TO TRIAL BY JURY. This Note is intended as an instrument under seal and shall be governed by, and construed and enforced in accordance with, the Laws of the Commonwealth of Pennsylvania, excluding its rules relating to the conflict of laws.
RIGHT TO TRIAL BY JURY. Fxxxx Xxxxxxxxxx N/A ---------------- --- (Guarantor Name) (Guarantor Name) By: By: --------------------------------- ------------------------------------ Title: N/A Title: ------------------------------ --------------------------------- Data signed by Guarantor: Date signed by Guarantor: ------------ --------------- [BANK ONE LOGO] governmental entity during this Lease's term arising from the acquisition, use, ownership or leasing of the Equipment whether due before or after cancellation, expiration, of termination of this Lease. Lessee will pay all personal property taxes for the Equipment directly to the applicable taxing authority and will file all tax returns for such taxes as owner. Upon Lessor's request, Lessee will send Lessor satisfactory evidence of payment of such taxes.
RIGHT TO TRIAL BY JURY. Each of the Parties agrees that a final judgment (after the exhaustion of statutorily granted rights of appeal, if any) in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment (if such a procedure is available under applicable law) or in any other manner provided by law. Nothing contained in this Section shall affect the right of the Lender to serve legal process in any other manner permitted by law or to bring any action or proceeding in the courts of any jurisdiction against each of the Parties or to enforce a judgment obtained in the courts of any other jurisdiction.
RIGHT TO TRIAL BY JURY. Notwithstanding the foregoing, this arbitration clause shall not apply to any action for injunctive relief brought by either party for the purpose of protecting or enforcing rights in any intellectual property, whether patent, trademark, trade secret, copyright, or otherwise, or in any Confidential Information. In the event of misuse or infringement, actual or threatened, of any Confidential Information or intellectual property rights, notwithstanding anything else in this Agreement, and in addition to any other relief or remedy available, either party, without first resorting to the 30 day resolution procedure described above, shall be entitled to seek and obtain relief and orders from the courts and other authorities, including an injunction restraining violations of obligations with respect to Confidential Information and intellectual property.
RIGHT TO TRIAL BY JURY. The prevailing party in any legal proceeding relating to this Agreement shall be entitled to an award for all reasonable attorneys fees and costs incurred in the proceeding.
RIGHT TO TRIAL BY JURY. Notwithstanding the above, in the event of a dispute between the parties (excluding a dispute requiring an injunction or another action in equity), the parties hereto agree to submit to non- binding mediation in Aberdeen, Maryland with an independent mediator, said mediation to be held within sixty (60) days of one party delivering written notice of a dispute to all other concerned parties, and the parties agree to make a good faith effort to resolve the dispute based on the recommendation(s) of the mediator. The parties hereby agree to agree on an acceptable independent mediator within thirty (30) days of receiving notice of a dispute, and in the event that they cannot agree on an acceptable independent mediator within thirty (30) days of receiving notice of a dispute, parties shall each select a person independent from each of the respective organizations, and those two selected independent persons shall select the independent mediator.
