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Res 2006-016
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Res 2006-016
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Last modified
6/18/2008 9:20:45 AM
Creation date
7/25/2006 1:40:02 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-16
Date
2/7/2006
Volume Book
165
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<br />cam- -VoI f's - <br />n~ii?~915 OF'R ?44i7 ~~4 <br />sitting in the State specified in the governing law section of this Guaranty and to the jurisdiction <br />of any state court or any United States federal court sitting in the state in which any of the <br />Property is located, over any Dispute. Guazantor hereby irrevocably waives, to the fullest extent <br />permitted by law, any objection that Guazantor may now or hereafter have to the laying of venue <br />in any such court and any claim that any such court is an inconvenient forum. Guazantor hereby <br />agrees and consents that, in addition to any methods of service of process provided for under <br />applicable law, all service of process in any such suit, action or proceeding in any state court or <br />any United States federal court sitting in the state specified in the governing law section of this <br />Guaranty may be made by certified or registered mail, return receipt requested, directed to <br />Guarantor at its address for notice set forth in this Guaranty, or at a subsequent address of which <br />City received actual notice from Guarantor in accordance with the notice section of this <br />Guaranty, and service so made shall be complete five (5) days after the same shall have been so <br />mailed. Nothing herein shall affect the right of City to serve process in any manner permitted by <br />law or limit the right of City to bring proceedings against Guazantor in any other court or <br />jurisdiction. <br />Section 23 WAIVER OF JURY TRIAL. <br /> GUARANTOR AND CITY WAIVE TRIAL BY JURY IN RESPECT OF ANY <br /> CLAIM OR ACTION BROUGHT WITH RESPECT TO THIS GUARANTY. THIS <br /> WAIVER IS KNOWINGLY, WILLINGLY AND VOLUNTARILY MADE BY <br /> GUARANTOR AND CITY, AND GUARANTOR AND CITY HEREBY REPRESENT <br /> THAT NO REPRESENTATIONS OF FACT OR OPINION HAVE BEEN MADE BY <br />ANY PERSON OR ENTITY TO INDUCE THIS WAIVER OF TRIAL BY JURY OR TO <br /> IN ANY WAY MODIFY OR NULLIFY ITS EFFECT. THIS PROVISION IS A <br /> MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THE <br /> AGREEMENT AND OTHER TRANSACTION DOCUMENTS. GUARANTOR AND <br /> CITY ARE EACH HEREBY AUTHORIZED TO FILE A COPY OF THIS SECTION IN <br /> ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER OF JURY <br /> TRIAL. GUARANTOR FURTHER REPRESENTS AND WARRANTS THAT IT HAS <br /> BEEN REPRESENTED IN THE SIGNING OF THIS GUARANTY AND IN THE <br /> MAKING OF THIS WAIVER BY INDEPENDENT LEGAL COUNSEL, OR HAS HAD <br /> THE OPPORTUNITY TO BE REPRESENTED BY INDEPENDENT LEGAL COUNSEL <br /> SELECTED OF ITS OWN FREE WILL, AND THAT IT HAS HAD THE <br /> OPPORTUNITY TO DISCUSS THIS WAIVER WITH COUNSEL. <br />1 1 <br />F-14 <br />803273.4 <br />
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