Likewise, Aon may not rely on the sworn statement of David Agatha, which was submitted in the English lawsuit. Agatha is an employee of Hor rinciple, and Aon agrees that it is a correct statement of Texas law. See Bocanegra, 605 S.W.2d at 851-52; Plate & Platter, Inc., 780 S.W.2d at 456-57. Though we are bound to apply the election-of-remedies defense as an-nunciated by the Supreme Court of Texas, we note that it seems to unfairly penalize (1) parties, such as Horizon, who happen to have agreed to mandatory forum-selection clauses requiring that defendants be sued in different forums, and (2) parties who happen to be unable to obtain personal jurisdiction over all defendants in the same forum. See generally In re Lyon Fin. Servs., Inc., 257 S.W.3d 228, 232 (Tex.2008) (per curiam) (<HOLDING>). But for these often fortuitous events that
holding party opposing forumselection clause must meet heavy burden by demonstrating clearly that enforcement would be unreasonable and unjust holding that acceleration clauses are quite common and are generally enforceable according to their terms recognizing that due on sale clauses are enforceable in texas holding that forumselection clauses are generally enforceable and a party attempting to show that such a clause should not be enforced bears a heavy burden holding that a forumselection clause may be enforced under rule 12b3 as a motion to dismiss on the basis of improper venue