WORLD TRADE CENTER - RESIDENTIAL APARTMENTS

NYC 9/11 Public Portal Document

HYC—PEP Information For Bidders and Supply ft Service Agicianont (Rev. 11/93)

The parties agree diat any and all daims asserted by or against the Chy arising under dxis Agreement or related thermo ^all be heard and d«ermined eitiier in the courts of the United States located in New York City (Tederal Courts’) a in the courts of the State New Y«k ("New York State Courts") located in the City and County of New Yak. To effectuate this agreement and intont. the Coitracta agrees:

A. If the Chy initiates any acdon against die Cootracta in Federal Court or in New Yak State Court, service of process may be made by the Cootracta either in persoi. whenever such Couractor may be found, a by registered mail addressed to the Contractor at its address as set fndi in this Agreement, a to such other address as the Cottracta may provide to die City in writing and

B. Witfare^jecttoany actxOT between the Qty and the Contracta in New Yak State Court, the Couractor hereby eiqaesdy waives and rehnqtndies any rights h might otherwise have; (a) to move to dismiss on grounds of forum bod conveshens, ft» to remove to Federal Court and (c) to move for a change of venue to a New York State Court outside New York County.

C. With respec: to any action between the City and die Contzacmr in Federal Court located in New York City, the Contractor expresly waives and reihMuisfaes any right in might otherwise have to move to transfer tte actkxi to a United States Court outside the Qty of New Yak.

D. If die Contractor commences any acaoi against die Qty in a Com located other than in die City and State of New Yak. vpon request of the City, die Contractor shall

die City and State of New York cr. if die court where die acaoo is isidaliy brought will not ot cannot transfer the acdcai, die Contractor shall consent to dismiss suA action without prejudice and may Theresfier reinstituie the action in a coon competent jurisdiction in New York Qty.

If any provision(s) of this Article is (are) held unenfOToeaHe for any reascm, each and all other provision (s) shall nevertheless remain in full face and effect,

14.2 GENERAL RFT KASF. The acceptance by die Connactor or its assignees of the final ptyxnent under this Agreement, whether by vcmcher. judgment of any court of compeffint juriscSctian or atty oths" administrative means, shall ccmsdtnte and opeiate as a general n^ease to die Gty from any and all claims of and liability to the Contractor arising out of the performance of this Agreement.

14.3 CLAIMS -AND A'MiwS gEON A. No action at law a proceeding in equity against the Qty or Department siall lie or be maintained upon any claim ba-sed upon this Agreement a arising out of this Agreement

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