In accordance with the terms and conditions of this Agreement, the Judicial Council will pay the Contractor the actual cost not to exceed the total Contract Amount, as set forth in Table 1, below, for performing the Work of this Agreement. Related to Jurisdiction Following Entry of the Judicial Consent Decree
#JUDICIAL CONSENT NOT FOR PROFIT TRANSFER NEW YORK TRIAL#
Mutual Waiver of Jury Trial / Judicial Reference.Governing Law Consent to Jurisdiction Waiver of Trial by Jury.Applicable Law Forum Venue and Jurisdiction Waiver of Trial by Jury.CHOICE OF LAW, VENUE, JURY TRIAL WAIVER AND JUDICIAL REFERENCE.Program Requirements Provided At No Charge to the Judicial Council.
Governing Law Injunctive Relief Consent to Jurisdiction Waiver of Trial by Jury.In the event both the Superior Court of the State of California for the County of Los Angeles and the United States District Court have jurisdiction over a dispute between the parties or any matter requiring enforcement of the terms of this Agreement and/or the Judicial Consent Decree, the Parties agree that such dispute or matter shall be submitted to the United States District Court without the Parties filing any request for abstention by the United States District Court or asserting primary jurisdiction by another court or administrative agency or any similar objection to the dispute’s resolution by that court. As between Atlantic Richfield and the State Parties, in the event of any conflict between the terms of the Judicial Consent Decree and this Agreement with respect to a Party’s obligation to perform Response Actions or pay Response Costs, this Agreement shall govern and control. If and to the extent the Judicial Consent Decree fails to adopt, incorporate, and supersede any of the operative provisions of this Agreement, the Parties agree that the Superior Court of the State of California, County of Los Angeles shall retain and shall continue to have jurisdiction over the subject matter of this Agreement and over the Parties as necessary to enforce the terms of this Agreement. For purposes of this Section VII.B.2, a claim reserved under Section II.F.1 of this Agreement and arising after entry of the Judicial Consent Decree shall be considered to be within the subject matter of the Judicial Consent Decree and, accordingly, subject to the jurisdiction of the United States District Court, which jurisdiction shall not be challenged by the State Parties. Solely for the purposes of the Judicial Consent Decree, Atlantic Richfield, the Regional Board, and any other State Party that executes the Consent Decree, hereby waive, and agree to ensure that the Judicial Consent Decree similarly waives, all objections, challenges, and defenses, whether based on immunity or other factual or legal grounds, that any such Party may have to the jurisdiction of the United States District Court.
Following entry of the Judicial Consent Decree, the Parties agree the United States District Court shall have jurisdiction over the subject matter of the Judicial Consent Decree and personal jurisdiction over, at a minimum, Atlantic Richfield, the Regional Board, and any other State Parties named as Settling Defendants in the Consent Decree with respect thereto. Jurisdiction Following Entry of the Judicial Consent Decree.