GOVERNING LAW; SUBMISSION TO JURISDICTION; SELECTION OF FORUM. This Agreement shall be governed by, and construed in accordance with, the laws of the State of West Virginia without reference to the choice of law principles thereof. Each party hereto agrees that it shall bring any action or proceeding in respect of any claim arising out of or related to this Agreement or the transactions contained in or contemplated by this Agreement, whether in tort or contract or at law or in equity, exclusively in the United States District Court for the Southern District of West Virginia (the "Chosen Court") and (i) irrevocably submits to the exclusive jurisdiction of the Chosen Court, (ii) waives any objection to the laying of venue in any such action or proceeding in the Chosen Court, (iii) waives any objection that the Chosen Court is an inconvenient forum or does not have jurisdiction over any party hereto and (iv) agrees that service of process upon such party in any such action or proceeding shall be effective if notice is given in accordance with Section 7.11 of this Agreement.
Appears in 2 contracts
Sources: Participation Agreement (Allegheny Energy Inc), Participation Agreement (Energy Corp of America)
GOVERNING LAW; SUBMISSION TO JURISDICTION; SELECTION OF FORUM. This Agreement shall be governed by, and construed in accordance with, the laws of the State state of West Virginia without reference to the choice of law principles thereofDelaware. Each party hereto agrees that it shall bring any action or proceeding in respect of any claim arising out of or related to this Agreement or the transactions transaction contained in or contemplated by this Agreement, whether in tort or contract or at law or in equity, exclusively in the United States District Court for the Southern District of West Virginia Delaware or any state court located in Delaware (the "Chosen CourtCourts") and (i) irrevocably submits to the exclusive jurisdiction of the Chosen CourtCourts, (ii) waives any objection to the laying of venue in any such action or proceeding in the Chosen CourtCourts, (iii) waives any objection that the Chosen Court is Courts are an inconvenient forum or does do not have jurisdiction over any party hereto hereto, and (iv) agrees that service of process upon such party in any such action or proceeding shall be effective if notice is given in accordance with Section 7.11 19.1 of this Agreement.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Boise Cascade Holdings, L.L.C.), Asset Purchase Agreement (Boise Cascade Holdings, L.L.C.)
GOVERNING LAW; SUBMISSION TO JURISDICTION; SELECTION OF FORUM. This Agreement shall be governed by, and construed in accordance with, the laws of the State of West Virginia without reference to the choice of law principles thereofDelaware. Each party hereto agrees that it shall bring any action or proceeding in respect of any claim arising out of or related Related to this Agreement or the transactions contained in or contemplated by this Agreement, whether in tort or contract or at law or in equity, exclusively in the United States District Court for or the Southern District of West Virginia state court sitting in New Castle County, Delaware (the "Chosen Court") and (i) irrevocably submits to the exclusive jurisdiction of the Chosen Court, (ii) waives any objection to the laying of venue in any such action or proceeding in the Chosen Court, (iii) waives any objection that the Chosen Court is Courts are an inconvenient forum or does do not have jurisdiction over any party hereto hereto, and (iv) agrees that service of process upon such party in any such action or proceeding shall be effective if notice is given in accordance with Section 7.11 10.1 of this Agreement.
Appears in 2 contracts
Sources: Joint Venture Agreement (Chesapeake Corp /Va/), Joint Venture Agreement (Georgia Pacific Corp)
GOVERNING LAW; SUBMISSION TO JURISDICTION; SELECTION OF FORUM. This Agreement shall be governed byconstrued, performed and construed enforced in accordance with, with the laws of the State of West Virginia North Carolina, without reference to the choice conflict of law laws principles thereof. Each party hereto agrees that it shall bring any action or proceeding in respect of any claim arising out of or related to this Agreement agreement or the transactions contained in or contemplated by this Agreement, whether in tort or contract or at law or in equity, exclusively in the United States District Court for the Southern Fifth District of West Virginia North Carolina (the "Chosen Court") and (i) irrevocably submits to the exclusive jurisdiction of the Chosen Court, (ii) waives any objection to the laying of venue in any such action or proceeding in the Chosen Court, (iii) waives any objection that the Chosen Court is an inconvenient forum or does not have jurisdiction over any party hereto and (iv) agrees that service of process upon such party in any such action or proceeding shall be effective if notice is given in accordance with Section 7.11 12.06 of this Agreement.
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GOVERNING LAW; SUBMISSION TO JURISDICTION; SELECTION OF FORUM. This Agreement shall be governed by, and construed in accordance with, the laws of the State of West Virginia without reference to the choice of law principles thereofDelaware. Each party hereto agrees that it shall bring any action or proceeding in respect of any claim arising out of or related Related to this Agreement or the transactions contained in 49 or contemplated by this Agreement, whether in tort or contract or at law or in equity, exclusively in the United States District Court for or the Southern District of West Virginia state court sitting in New Castle County, Delaware (the "Chosen Court") and (i) irrevocably submits to the exclusive jurisdiction of the Chosen Court, (ii) waives any objection to the laying of venue in any such action or proceeding in the Chosen Court, (iii) waives any objection that the Chosen Court is Courts are an inconvenient forum or does do not have jurisdiction over any party hereto hereto, and (iv) agrees that service of process upon such party in any such action or proceeding shall be effective if notice is given in accordance with Section 7.11 10.1 of this Agreement.
Appears in 1 contract
GOVERNING LAW; SUBMISSION TO JURISDICTION; SELECTION OF FORUM. This Agreement shall be governed by, and construed in accordance with, the laws of the State of West Virginia without reference to the choice of law principles thereofDelaware. Each party hereto agrees that it shall bring any action or proceeding in respect of any claim arising out of or related Related to this Agreement or the transactions contained in or contemplated by this Agreement, whether in tort or contract or at law or in equity, exclusively in the United States District Court for or the Southern District of West Virginia state court sitting in New Castle County, Delaware (the "Chosen Court") and (i) irrevocably submits to the exclusive jurisdiction of the Chosen Court, (ii) waives any objection to the laying of venue in any such action or proceeding in the Chosen Court, (iii) waives any objection that the Chosen Court is Courts are an inconvenient forum or does do not have jurisdiction over any party hereto hereto, and (iv) agrees that service of process upon such party in any such action or proceeding shall be effective if notice is given in accordance with Section 7.11 7.1 of this Agreement.
Appears in 1 contract
GOVERNING LAW; SUBMISSION TO JURISDICTION; SELECTION OF FORUM. This Agreement shall be governed by, and construed in accordance with, the laws of the State state of West Virginia without reference to the choice of law principles thereofDelaware. Each party hereto agrees that it shall bring any action or proceeding in respect of any claim arising out of or related to this Agreement or the transactions transaction contained in or contemplated by this Agreement, whether in tort or contract or at law or in equity, exclusively in the United States District Court for the Southern District of West Virginia Delaware or any state court located in Delaware (the "“Chosen Court"Courts”) and (i) irrevocably submits to the exclusive jurisdiction of the Chosen CourtCourts, (ii) waives any objection to the laying of venue in any such action or proceeding in the Chosen CourtCourts, (iii) waives any objection that the Chosen Court is Courts are an inconvenient forum or does do not have jurisdiction over any party hereto hereto, and (iv) agrees that service of process upon such party in any such action or proceeding shall be effective if notice is given in accordance with Section 7.11 19.1 of this Agreement.
Appears in 1 contract
GOVERNING LAW; SUBMISSION TO JURISDICTION; SELECTION OF FORUM. This Agreement shall be governed by, and construed in accordance with, the laws of the State of West Virginia without reference to the choice of law principles thereofDelaware. Each party hereto agrees that it shall bring any action or proceeding in respect of any claim arising out of or related Related to this Agreement or the transactions contained in or contemplated by this Agreement, whether in tort or contract or at law or in equity, exclusively in the United States District Court for or the Southern District of West Virginia state court sitting in New Castle County, Delaware (the "“Chosen Court"”) and (i) irrevocably submits to the exclusive jurisdiction of the Chosen Court, (ii) waives any objection to the laying of venue in any such action or proceeding in the Chosen Court, (iii) waives any objection that the Chosen Court is Courts are an inconvenient forum or does do not have jurisdiction over any party hereto hereto, and (iv) agrees that service of process upon such party in any such action or proceeding shall be effective if notice is given in accordance with Section 7.11 7.1 of this Agreement.
Appears in 1 contract
GOVERNING LAW; SUBMISSION TO JURISDICTION; SELECTION OF FORUM. This Agreement shall be governed by, and construed in accordance with, the laws of the State of West Virginia without reference to the choice of law principles thereofIllinois. Each party hereto agrees that it shall bring any action or proceeding in respect of any claim arising out of or related to this Agreement or the transactions contained in or contemplated by this Agreement, whether in tort or contract or at law or in equity, exclusively in the United States District Court for the Southern Northern District of West Virginia Illinois or any state court located in ▇▇▇▇ County, Illinois (the "Chosen CourtCourts") and (i) irrevocably submits to the exclusive jurisdiction of the Chosen CourtCourts, (ii) waives any objection to the laying of venue in any such action or proceeding in the Chosen CourtCourts, (iii) waives any objection that the Chosen Court is Courts are an inconvenient forum or does do not have jurisdiction over any party hereto hereto, and (iv) agrees that service of process upon such party in any such action or proceeding shall be effective if notice is given in accordance with Section 7.11 10.1 of this Agreement.
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