10. Governing Law
This Agreement, including all services related to property management, tenant placement, lease administration, and financial reporting provided by HomeNest, shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law principles that would require the application of the laws of another jurisdiction.
10.1 Jurisdiction and Venue
All disputes, claims, or proceedings arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the state and federal courts located in [Insert County], [Insert State]. Each party irrevocably submits to the jurisdiction of such courts and waives any objection to venue or forum non conveniens.
10.2 Dispute Resolution
In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation within thirty (30) days of written notice. If negotiation fails, the parties agree to submit to non-binding mediation administered by a mutually agreed-upon mediator before initiating litigation. Nothing herein shall prevent HomeNest from seeking injunctive relief or other equitable remedies in any court of competent jurisdiction to prevent irreparable harm.
10.3 Class Action & Jury Trial Waiver
The parties expressly waive any right to a trial by jury for any claims arising under this Agreement. Additionally, each party agrees that any legal action or proceeding shall be brought only in their individual capacity and not as a plaintiff or class member in any purported class, representative, or consolidated action.
10.4 Severability
If any provision of this Section or any other provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the greatest extent permitted by law.
10.5 Amendments
HomeNest reserves the right to amend or modify this Governing Law section at any time in accordance with changes in applicable regulations or business operations. Continued use of HomeNest services following the posting of revised terms constitutes acceptance of those changes.
Have questions about this legal section? Contact our compliance team.
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