Delta Airlines 2012 Annual Report Download - page 322

SECTION 7.16 Consent to Jurisdiction
. All judicial proceedings brought against any party hereto arising out of or
relating to this Agreement or any of the other Security Documents shall be brought in any state or federal court of competent
jurisdiction in the State, County and City of New York. By executing and delivering this Agreement, each Grantor, for itself
and in connection with its properties irrevocably:
(1)
accepts generally and unconditionally the exclusive jurisdiction and venue of such courts;
(2)
waives any defense of forum non conveniens to extent permitted by applicable law;
(3)
agrees that service of all process in any such proceeding in any such court may be made by registered
or certified mail, return receipt requested, to such party at its address provided in accordance with Section 7.7;
(4)
agrees that service as provided in clause (3) above is sufficient to confer personal jurisdiction over such
party in any such proceeding in any such court and otherwise constitutes effective and binding service in every
respect; and
(5)
agrees each party hereto retains the right to serve process in any other manner permitted by law or to
bring proceedings against any party in the courts of any other jurisdiction.
SECTION 7.17 Waiver of Jury Trial . Each party to this Agreement waives its rights to a jury trial of any claim or
cause of action based upon or arising under this Agreement or any of the other Security Documents or any dealings between
them relating to the subject matter of this Agreement or the intents and purposes of the other Security Documents. The scope
of this waiver is intended to be all-encompassing of any and all disputes that may be filed in any court and that relate to the
subject matter of this Agreement and the other Security Documents, including contract claims, tort claims, breach of duty
claims and all other common law and statutory claims. Each party to this Agreement acknowledges that this waiver is a
material inducement to enter into a business relationship, that each party hereto has already relied on this waiver in entering
into this Agreement, and that each party hereto will continue to rely on this waiver in its related future dealings. Each party
hereto further warrants and represents that it has reviewed this waiver with its legal counsel and that it knowingly and
voluntarily waives its jury trial rights following consultation with legal counsel. This waiver is irrevocable, meaning that it
may not be modified either orally or in writing (other than by a mutual written waiver specifically referring to this
Section 7.17 and executed by each of the parties hereto), and this waiver will apply to any subsequent amendments,
renewals, supplements or modifications of or to this Agreement or any of the other Security Documents or to any other
documents or agreements relating thereto. In the event of litigation, this Agreement may be filed as a written consent to a
trial by the court.
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