Common use of Arbitration; Venue Clause in Contracts

Arbitration; Venue. All controversies, claims and disputes arising out of or relating to this Agreement shall be resolved by final and binding arbitration before a single neutral arbitrator in Xxxxxx County, Georgia, in accordance with the Employment Dispute Resolution Rules of the American Arbitration Association (“AAA”), which can be found at xxxxx://xxx.xxx.xxx/sites/default/files/EmploymentRules_Web.pdf. The arbitration shall be commenced by filing a demand for arbitration with the AAA within fourteen (14) days after the filing party has given notice of such breach to the other party. The arbitrator shall award the prevailing party attorneys’ fees and expert fees, if any. Notwithstanding the foregoing, it is acknowledged that it will be impossible to measure in money the damages that would be suffered if the parties fail to comply with any of the obligations imposed on them under Section 2(d), Section 8(a) and Section 15 hereof, and that in the event of any such failure, an aggrieved person will be irreparably damaged and will not have an adequate remedy at law. Any such person shall, therefore, be entitled to injunctive relief, including specific performance, to enforce such obligations, and if any action shall be brought in equity to enforce any of the provisions of Section 2(d), Section 8(a) or Section 15 of this Agreement, none of the parties hereto shall raise the defense that there is an adequate remedy at law. Any action seeking such injunctive relief, along with any other action relating to this Agreement that is excluded from the first sentence of this Section 12, shall be instituted and prosecuted exclusively in the federal or state courts located in the Xxxxxx County, Georgia, and the each of the Company and Executive waive any right to change of venue.

Appears in 1 contract

Samples: Transition and Separation Agreement (Nevro Corp)

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Arbitration; Venue. All controversies, claims and disputes arising out of or relating to this Agreement shall be resolved by final and binding arbitration before a single neutral arbitrator in Xxxxxx San Mateo County, GeorgiaCalifornia, in accordance with the Employment Dispute Resolution Rules of the American Arbitration Association (“AAA”), which can be found at xxxxx://xxx.xxx.xxx/sites/default/files/EmploymentRules_Web.pdf. The arbitration shall be commenced by filing a demand for arbitration with the AAA within fourteen (14) days after the filing party has given notice of such breach to the other party. The arbitrator shall award the prevailing party attorneys’ fees and expert fees, if any. Notwithstanding the foregoing, it is acknowledged that it will be impossible to measure in money the damages that would be suffered if the parties fail to comply with any of the obligations imposed on them under Section 2(d), Section 8(a7(a) and Section 15 14 hereof, and that in the event of any such failure, an aggrieved person will be irreparably damaged and will not have an adequate remedy at law. Any such person shall, therefore, be entitled to injunctive relief, including specific performance, to enforce such US-DOCS\112428602.1 obligations, and if any action shall be brought in equity to enforce any of the provisions of Section 2(d), Section 8(a7(a) or Section 15 14 of this Agreement, none of the parties hereto shall raise the defense that there is an adequate remedy at law. Any action seeking such injunctive relief, along with any other action relating to this Agreement that is excluded from the first sentence of this Section 1211, shall be instituted and prosecuted exclusively in the federal or state courts located in the Xxxxxx San Mateo County, GeorgiaCalifornia, and the each of the Company and Executive waive any right to change of venue.

Appears in 1 contract

Samples: Transition and Separation Agreement (Nevro Corp)

Arbitration; Venue. All controversies, claims and disputes arising out of or relating to this Agreement shall be resolved by final and binding arbitration before a single neutral arbitrator in Xxxxxx San Mateo County, GeorgiaCalifornia, in accordance with the Employment Dispute Resolution Rules of the American Arbitration Association (“AAA”), which can be found at ||| xxxxx://xxx.xxx.xxx/sites/default/files/EmploymentRules_Web.pdf. The arbitration shall be commenced by filing a demand for arbitration with the AAA within fourteen (14) days after the filing party has given notice of such breach to the other party. The arbitrator shall award the prevailing party attorneys’ fees and expert fees, if any. Notwithstanding the foregoing, it is acknowledged that it will be impossible to measure in money the damages that would be suffered if the parties fail to comply with any of the obligations imposed on them under Section 2(d), Section 8(a7(a) and Section 15 14 hereof, and that in the event of any such failure, an aggrieved person will be irreparably damaged and will not have an adequate remedy at law. Any such person shall, therefore, be entitled to injunctive relief, including specific performance, to enforce such obligations, and if any action shall be brought in equity to enforce any of the provisions of Section 2(d), Section 8(a7(a) or Section 15 14 of this Agreement, none of the parties hereto shall raise the defense that there is an adequate remedy at law. Any action seeking such injunctive relief, along with any other action relating to this Agreement that is excluded from the first sentence of this Section 1211, shall be instituted and prosecuted exclusively in the federal or state courts located in the Xxxxxx San Mateo County, GeorgiaCalifornia, and the each of the Company and Executive waive any right to change of venue.

Appears in 1 contract

Samples: Separation Agreement (Nevro Corp)

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Arbitration; Venue. All controversies, claims and disputes arising out of or relating to this Agreement shall be resolved by final and binding arbitration before a single neutral arbitrator in Xxxxxx San Mateo County, GeorgiaCalifornia, in accordance with the Employment Dispute Resolution Rules of the American Arbitration Association (“AAA”), which can be found at xxxxx://xxx.xxx.xxx/sites/default/files/EmploymentRules_Web.pdfhxxxx://xxx.xxx.xxx/xxxxx/default/files/EmploymentRules_Web.pdf. The arbitration shall be commenced by filing a demand for arbitration with the AAA within fourteen (14) days after the filing party has given notice of such breach to the other party. The arbitrator shall award the prevailing party attorneys’ fees and expert fees, if any. Notwithstanding the foregoing, it is acknowledged that it will be impossible to measure in money the damages that would be suffered if the parties fail to comply with any of the obligations imposed on them under Section 2(d8(a), Section 8(a8(b) and Section 15 hereof, and that in the event of any such failure, an aggrieved person will be irreparably damaged and will not have an adequate remedy at law. Any such person shall, therefore, be entitled to injunctive relief, including specific performance, to enforce such obligations, and if any action shall be brought in equity to enforce any of the provisions of Section 2(d8(a), Section 8(a8(b) or Section 15 of this Agreement, none of the parties hereto shall raise the defense that there is an adequate remedy at law. Any action seeking such injunctive relief, along with any other action relating to this Agreement that is excluded from the first sentence of this Section 12, shall be instituted and prosecuted exclusively in the federal or state courts located in the Xxxxxx San Mateo County, GeorgiaCalifornia, and the each of the Company and Executive waive any right to change of venue.

Appears in 1 contract

Samples: Transition and Separation Agreement (IDEAYA Biosciences, Inc.)

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