Sprint - Nextel 2015 Annual Report Download - page 322

AND AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT A
JURY.
(f) EACH PARTY HERETO HEREBY ACKNOWLEDGES AND AGREES THAT:
(i) IT IRREVOCABLY (A) SUBMITS TO THE JURISDICTION, FIRST, OF ANY UNITED STATES
FEDERAL COURT, AND SECOND, IF FEDERAL JURISDICTION IS NOT AVAILABLE, OF ANY NEW YORK
STATE COURT, IN EITHER CASE SITTING IN NEW YORK, NEW YORK IN ANY ACTION OR
PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND ANY OTHER TRANSACTION
DOCUMENT, (B) AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE
HEARD AND DETERMINED ONLY IN SUCH NEW YORK STATE OR FEDERAL COURT AND NOT IN ANY
OTHER COURT, AND (C) WAIVES, TO THE FULLEST EXTENT IT MAY EFFECTIVELY DO SO, THE
DEFENSE OF AN INCONVENIENT FORUM TO THE MAINTENANCE OF SUCH ACTION OR PROCEEDING.
(ii) TO THE EXTENT THAT IT HAS OR HEREAFTER MAY ACQUIRE ANY IMMUNITY FROM THE
JURISDICTION OF ANY COURT OR FROM ANY LEGAL PROCESS (WHETHER THROUGH SERVICE OR
NOTICE, ATTACHMENT PRIOR TO JUDGMENT, ATTACHMENT IN AID TO EXECUTION, EXECUTION
OR OTHERWISE) WITH RESPECT TO ITSELF OR ITS PROPERTY, IT HEREBY IRREVOCABLY WAIVES
SUCH IMMUNITY IN RESPECT OF ITS OBLIGATIONS UNDER OR IN CONNECTION WITH THIS
AGREEMENT.
(g) Performance Support Provider agrees to do all such things and execute all such documents as Performance Beneficiary
may reasonably consider necessary or desirable to give full effect to this Agreement and to perfect or preserve the rights and powers
of Performance Beneficiary hereunder or with respect hereto.
Section 6. Termination of Agreement .
(a) This Agreement and Performance Support Provider’s obligations hereunder shall remain operative and continue in full
force and effect from the Lease Closing Date until such time as (i) all the Performance Support Obligations are indefeasibly paid and
satisfied in full and (ii) all the Guaranteed Obligations under and as defined in the Sprint Guarantee are indefeasibly paid and
satisfied in full, provided that this Agreement and Performance Support Provider’s obligations hereunder shall continue to be
effective or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any of the Performance Support
Obligations is rescinded or must otherwise be restored or returned upon the bankruptcy, insolvency or reorganization of any Covered
Entity as though such payment had not been made or other satisfaction had not occurred. To the fullest extent permitted by Law, no
invalidity, irregularity
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