Frontier Airlines 2011 Annual Report Download - page 203

Each of the Seller and the Buyer (i) hereby irrevocably submits itself to the nonexclusive jurisdiction of the courts of the state of New
York, New York County, and of the United States District Court for the Southern District of New York, for the purposes of any suit,
action or other proceeding arising out of this Agreement, the subject matter hereof or any of the transactions contemplated hereby
brought by any party or parties hereto, and (ii) hereby waives, and agrees not to assert, by way of motion, as a defense or otherwise, in
any such suit, action or proceeding, to the extent permitted by applicable law, any defense based on sovereign or other immunity or that
the suit, action or proceeding which is referred to in clause (i) above is brought in an inconvenient forum, that the venue of such suit,
action or proceeding is improper, or that this Agreement or the subject matter hereof or any of the transactions contemplated hereby may
not be enforced in or by these courts.
THE PARTIES HEREBY ALSO AGREE THAT THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS WILL NOT APPLY TO THIS TRANSACTION.
22.6.2 Service of process in any suit, action or proceeding in respect of any matter as to which the Seller or the Buyer has submitted to
jurisdiction under Clause 22.6 may be made (i) on the Seller by delivery of the same personally or by dispatching the same via
Federal Express, UPS, or similar international air courier service prepaid to, CT Corporation, New York City offices as agent for
the Seller, it being agreed that service upon CT Corporation will constitute valid service upon the Seller or by any other method
authorized by the laws of the State of New York, and (ii) on the Buyer by delivery of the same personally or by dispatching the
same by Federal Express, UPS, or similar international air courier service prepaid, return receipt requested to its address for notices
designated pursuant to Clause 22.2, or by any other method authorized by the laws of the State of New York; provided in each case
that failure to deliver or mail such copy will not affect the validity or effectiveness of the service of process made as aforesaid.
22.7 Headings
All headings in this Agreement are for convenience of reference only and do not constitute a part of this Agreement.
22.8 Waiver of Jury Trial
EACH OF THE PARTIES HERETO WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY LITIGATION ARISING OUT OF
OR RELATING TO THIS AGREEMENT AND FOR ANY COUNTERCLAIM OR CROSS-CLAIM THEREIN.
22.9 Waiver of Consequential Damages
In no circumstances shall either party claim or receive incidental (other than as provided in Clause 20) or consequential damages under
this Agreement.
22.10 No Representations Outside of this Agreement
* Confidential