Common use of Arbitration, Jurisdiction and Venue Clause in Contracts

Arbitration, Jurisdiction and Venue. 18.1 Except as otherwise provided in this Section 18, any cause of action or claim arising out of or related to this Agreement (including any claim that either party has violated this Agreement or regarding its enforceability) will be determined through final and binding arbitration, including in accordance with Northrop Grumman Corporate Procedure H103A. 18.2 The Company and Xx. Xxxxx agree that any arbitration hearing and related proceedings shall be convened and conducted in Falls Church, VA. 18.3 The Company and Xx. Xxxxx agree that the prevailing party in the arbitration shall be entitled to receive from the losing party reasonably incurred attorneys’ fees and costs, except in any challenge by Xx. Xxxxx to the validity of this Agreement under the Age Discrimination in Employment Act and/or Older Workers Benefit Protection Act. 18.4 If the Company or Xx. Xxxxx believes they require immediate relief to enforce or challenge this Agreement, before arbitration is commenced or concluded, either party may seek injunctive or other provisional equitable relief from state or federal court in the Commonwealth of Virginia. Either party may also proceed in state or federal court in the Commonwealth of Virginia to compel arbitration or to enforce an arbitration award under this Agreement. All court actions or proceedings arising under this Agreement shall be heard in state or federal court in the Commonwealth of Virginia. The Company and Xx. Xxxxx hereby waive any right to object to such actions on grounds of venue, jurisdiction

Arbitration, Jurisdiction and Venue. 18.1 14.1 Except as otherwise provided in this Section 1814, any cause of action or claim arising out of or related to this Agreement (including any claim that either party has violated this Agreement or regarding its enforceability) will be determined through final and binding arbitration, including rather than through litigation in court, in accordance with Northrop Grumman Corporate Procedure H103A.CTM H200 USHR 2-32. 18.2 14.2 The Company and Xx. Xxxxx Mr. Vice agree that any arbitration hearing and related proceedings shall be convened and conducted in Falls Church, VA. 18.3 14.3 The Company and Xx. Xxxxx Mr. Vice agree that the prevailing party in the arbitration shall be entitled to receive from the losing party reasonably incurred attorneys’ fees and costs, except in any challenge by Xx. Xxxxx Mr. Vice to the validity of this the General Release Agreement (attached hereto as Exhibit A) under the Age Discrimination in Employment Act and/or Older Workers Benefit Protection Act. 18.4 14.4 If the Company or Xx. Xxxxx Mr. Vice believes they require immediate relief to enforce or challenge this Agreement, before arbitration is commenced or concluded, either party may seek injunctive or other provisional equitable relief from state or federal court in the Commonwealth of Virginia. Either party may also proceed in state or federal court in the Commonwealth of Virginia to compel arbitration or to enforce an arbitration award under this Agreement. All court actions or proceedings arising under this Agreement shall be heard in state or federal court in the Commonwealth of Virginia. The Company and Xx. Xxxxx Mr. Vice hereby waive any right to object to such actions on grounds of venue, jurisdiction or convenience. The Company and Mr. Vice stipulate that the state and federal courts located in or for Fairfax County, Virginia shall have in personam jurisdiction and venue for the purpose of litigating any such dispute, controversy, claim, or complaint arising out of or related to this Agreement. Mr. Vice hereby agrees that service of process sufficient for personal jurisdiction in any action or proceeding involving him may be made by registered or certified mail, return receipt requested, to the address on file with the Company, or by electronic service of process through the Internet when authorized by a court of competent jurisdiction.

Arbitration, Jurisdiction and Venue. 18.1 (a) Except as otherwise provided described in this Section 189.2(m), any cause of action or claim dispute arising out of or related to this Agreement or any breach or alleged breach hereof (collectively referred to herein as a “dispute”) shall be exclusively decided by binding arbitration before a single arbitrator in the State of Delaware, pursuant to and in accordance with the terms and provisions of the Arbitration Protocol (as defined below). The Company, GHTI, Equitex and Merger Sub hereby irrevocably waive their respective right, if any, to have any disputes between them arising out of or related to this Agreement decided in any jurisdiction or venue other than by binding arbitration pursuant to the Arbitration Protocol. Each party understands that its agreement to submit to binding arbitration pursuant to the Arbitration Protocol, and its other covenants under this Article 9 is material consideration and inducement for the other to enter into this Agreement. As a consequence of this paragraph, each party shall have the right, in its sole discretion, to: (i) arbitrate any dispute it may have with such other party; or (ii) remove any complaint previously served and filed with a court by such other party to be resolved the underlying dispute by arbitration hereunder. In any arbitration hereunder, the arbitrator shall have the power and authority to issue temporary and permanent awards of injunctive and equitable relief. In any arbitration hereunder, a party may, pending the appointment of an arbitrator, seek temporary injunctive and equitable relief from a State court in Delaware. (b) Delaware state court shall have exclusive jurisdiction and venue over any disputes between the parties which require a judicial decision or judicial enforcement. In this regard, each party hereby irrevocably consents to the exclusive personal jurisdiction of the state courts in Delaware for the purposes of any action arising out of or related to this Agreement, specifically including but without limitation actions for temporary equitable relief, actions to compel arbitration, actions to enforce temporary and permanent arbitration awards, and any claim that either other proceedings pursuant to the Federal Arbitration Act (except proceedings in other jurisdictions to enforce judgments entered by the Delaware state court pursuant hereto). (c) Each party has violated irrevocably covenants not to sxx the other party in any jurisdiction or venue other than the Delaware state court for the purposes of any action arising out of or related to this Agreement or regarding its enforceability) will the Arbitration Protocol. Each party further agrees not to assist, aid, abet, encourage, be determined through final and binding arbitrationa party to, including in accordance with Northrop Grumman Corporate Procedure H103A. 18.2 The Company and Xx. Xxxxx agree that any arbitration hearing and related proceedings shall be convened and conducted in Falls Church, VA. 18.3 The Company and Xx. Xxxxx agree that the prevailing party or participate in the arbitration shall be entitled commencement or prosecution of any lawsuit or action by any third party arising out of or related to receive from the losing party reasonably incurred attorneys’ fees and costs, except this Agreement in any challenge by Xx. Xxxxx to the validity of this Agreement under the Age Discrimination in Employment Act and/or Older Workers Benefit Protection Act. 18.4 If the Company jurisdiction or Xx. Xxxxx believes they require immediate relief to enforce or challenge this Agreement, before arbitration is commenced or concluded, either party may seek injunctive or venue other provisional equitable relief from than a state or federal court in the Commonwealth of Virginia. Either party may also proceed in state or federal court in the Commonwealth of Virginia to compel arbitration or to enforce an arbitration award under this Agreement. All court actions or proceedings arising under this Agreement shall be heard in state or federal court in the Commonwealth of Virginia. The Company and Xx. Xxxxx hereby waive any right to object to such actions on grounds of venue, jurisdictionDelaware.

Arbitration, Jurisdiction and Venue. 18.1 (a) Except as otherwise provided described in this Section 189.2(m), any cause of action or claim dispute arising out of or related to this Agreement or any breach or alleged breach hereof (collectively referred to herein as a "dispute") shall be exclusively decided by binding arbitration before a single arbitrator in the State of Delaware, pursuant to and in accordance with the terms and provisions of the Arbitration Protocol (as defined below). The Company, GHTI, Equitex and Merger Sub hereby irrevocably waive their respective right, if any, to have any disputes between them arising out of or related to this Agreement decided in any jurisdiction or venue other than by binding arbitration pursuant to the Arbitration Protocol. Each party understands that its agreement to submit to binding arbitration pursuant to the Arbitration Protocol, and its other covenants under this Article 9 is material consideration and inducement for the other to enter into this Agreement. As a consequence of this paragraph, each party shall have the right, in its sole discretion, to: (i) arbitrate any dispute it may have with such other party; or (ii) remove any complaint previously served and filed with a court by such other party to be resolved the underlying dispute by arbitration hereunder. In any arbitration hereunder, the arbitrator shall have the power and authority to issue temporary and permanent awards of injunctive and equitable relief. In any arbitration hereunder, a party may, pending the appointment of an arbitrator, seek temporary injunctive and equitable relief from a State court in Delaware. (b) Delaware state court shall have exclusive jurisdiction and venue over any disputes between the parties which require a judicial decision or judicial enforcement. In this regard, each party hereby irrevocably consents to the exclusive personal jurisdiction of the state courts in Delaware for the purposes of any action arising out of or related to this Agreement, specifically including but without limitation actions for temporary equitable relief, actions to compel arbitration, actions to enforce temporary and permanent arbitration awards, and any claim that either other proceedings pursuant to the Federal Arbitration Act (except proceedings in other jurisdictions to enforce judgments entered by the Delaware state court pursuant hereto). (c) Each party has violated irrevocably covenants not to sue the other party in any jurisdiction or venue other than the Xxlaware state court for the purposes of any action arising out of or related to this Agreement or regarding its enforceability) will the Arbitration Protocol. Each party further agrees not to assist, aid, abet, encourage, be determined through final and binding arbitrationa party to, including in accordance with Northrop Grumman Corporate Procedure H103A. 18.2 The Company and Xx. Xxxxx agree that any arbitration hearing and related proceedings shall be convened and conducted in Falls Church, VA. 18.3 The Company and Xx. Xxxxx agree that the prevailing party or participate in the arbitration shall be entitled commencement or prosecution of any lawsuit or action by any third party arising out of or related to receive from the losing party reasonably incurred attorneys’ fees and costs, except this Agreement in any challenge by Xx. Xxxxx to the validity of this Agreement under the Age Discrimination in Employment Act and/or Older Workers Benefit Protection Act. 18.4 If the Company jurisdiction or Xx. Xxxxx believes they require immediate relief to enforce or challenge this Agreement, before arbitration is commenced or concluded, either party may seek injunctive or venue other provisional equitable relief from than a state or federal court in the Commonwealth of Virginia. Either party may also proceed in state or federal court in the Commonwealth of Virginia to compel arbitration or to enforce an arbitration award under this Agreement. All court actions or proceedings arising under this Agreement shall be heard in state or federal court in the Commonwealth of Virginia. The Company and Xx. Xxxxx hereby waive any right to object to such actions on grounds of venue, jurisdictionDelaware.

Arbitration, Jurisdiction and Venue. 18.1 Except as otherwise provided in this Section 18, any cause of action or claim arising out of or related to this Agreement (including any claim that either party has violated this Agreement or regarding its enforceability) will be determined through final and binding arbitration, including in accordance with Northrop Grumman Corporate Procedure H103A. 18.2 The Company and Xx. Xxxxx agree that any arbitration hearing and related proceedings shall be convened and conducted in Falls Church, VA. 18.3 The Company and Xx. Xxxxx agree that the prevailing party in the arbitration shall be entitled to receive from the losing party reasonably incurred attorneys’ fees and costs, except in any challenge by Xx. Xxxxx to the validity of this Agreement under the Age Discrimination in Employment Act and/or Older Workers Benefit Protection Act. 18.4 If the Company or Xx. Xxxxx believes they require immediate relief to enforce or challenge this Agreement, before arbitration is commenced or concluded, either party may seek injunctive or other provisional equitable relief from state or federal court in the Commonwealth of Virginia. Either party may also proceed in state or federal court in the Commonwealth of Virginia to compel arbitration or to enforce an arbitration award under this Agreement. All court actions or proceedings arising under this Agreement shall be heard in state or federal court in the Commonwealth of Virginia. The Company and Xx. Xxxxx hereby waive any right to object to such actions on grounds of venue, jurisdiction or convenience. The Company and Xx. Xxxxx stipulate that the state and federal courts located in Fairfax County, Virginia shall have in personam jurisdiction and venue for the purpose of litigating any such dispute, controversy, claim, or complaint arising out of or related to this Agreement. Xx. Xxxxx hereby agrees that service of process sufficient for personal jurisdiction in any action or proceeding involving him may be made by registered or certified mail, return receipt requested, to the address on file with the Company, or by electronic service of process through the Internet when authorized by a court of competent jurisdiction.