Common use of Submission to Courts Clause in Contracts

Submission to Courts. 40.1 Subject to Clause 39 (Arbitration), the courts of [England] have exclusive jurisdiction to settle any Dispute (including a dispute regarding the existence, validity or termination of this Agreement or relating to any non-contractual or other obligation arising out of or in connection with this Agreement or the consequences of its nullity). 40.2 The Parties agree that the courts of England are the most appropriate and convenient courts to settle any Dispute and, accordingly, that they will not argue to the contrary. 40.3 This Clause 40 is for the benefit of the Facility Agent or the Security Trustee only. As a result, and notwithstanding Clause 40.1, it does not prevent the Facility Agent or the Security Trustee from taking proceedings relating to a Dispute ("Proceedings") in any other courts with jurisdiction. To the extent allowed by law, the Facility Agent or the Security Trustee may take concurrent Proceedings in any number of jurisdictions. 40.4 Without prejudice to any other mode of service allowed under any relevant law: 40.4.1 The Borrower hereby irrevocably appoints [•] as its agent for service of process in relation to any Proceedings; 40.4.2 The Contractor hereby irrevocably appoints [•] as its agent for service of process in relation to any Proceedings; 40.4.3 The Borrower and the Contractor agree that failure by a process agent to notify them of the process will not invalidate the Proceedings concerned; and 40.4.4 This Clause applies to Proceedings in England and to Proceedings elsewhere.