Common use of Choice of Law; Enforceability; Waiver of Jury Trial Clause in Contracts

Choice of Law; Enforceability; Waiver of Jury Trial. You acknowledge that a substantial portion of the Company's business is based out of and directed from the State of New York, where the Company maintains its main office and administers all employee compensation and benefits. You also acknowledge that during the course of your employment with the Company you will have substantial contacts with New York. This Agreement shall be deemed to have been made in the State of New York, shall take effect as an instrument under seal within New York, and the validity, interpretation and performance of this Agreement shall be governed by, and construed in accordance with, the internal law of New York, without giving effect to conflict of law principles. Both parties further acknowledge that the last act necessary to render this Agreement enforceable is its execution by the Company in New York, and that the Agreement thereafter shall be maintained in New York. Both parties agree that any action, demand, claim or counterclaim relating to the terms and provisions of this Agreement, or to its breach, shall be commenced in New York in a court of competent jurisdiction. Both parties further acknowledge that venue shall exclusively lie in New York and that material witnesses and documents would be located in New York. Both parties further agree that any action, demand, claim or counterclaim shall be resolved by a judge alone, and both parties hereby waive and forever renounce the right to a trial before a civil jury.

Appears in 4 contracts

Samples: Confidentiality Agreement (Alloy Online Inc), Confidentiality Agreement (Alloy Online Inc), Non Competition and Confidentiality Agreement (Alloy Online Inc)

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Choice of Law; Enforceability; Waiver of Jury Trial. You acknowledge that a substantial portion of the CompanyXxxxx's business is based out of and directed from the State of New York, where the Company Xxxxx maintains its main office principal offices and administers administer all employee compensation and benefits. You also acknowledge that during the course of your employment with the Company Alloy you will have substantial contacts with New York. This Agreement shall be deemed to have been made in the State of New York, shall take effect as an instrument under seal within New York, and the validity, interpretation and performance of this Agreement shall be governed by, and construed in accordance with, the internal law of New York, without giving effect to conflict of law principles. Both The parties further acknowledge that the last act necessary to render this Agreement enforceable is its execution by the Company Xxxxx in New York, and that the Agreement thereafter shall be maintained in New York. Both The parties agree that any action, demand, claim or counterclaim relating to the terms and provisions of this Agreement, or to its breach, shall be commenced in New York in a court of competent jurisdiction. Both The parties further acknowledge that venue shall exclusively lie in New York and that material witnesses and documents would be located in New York. Both The parties further agree that any action, demand, claim or counterclaim shall be resolved by a judge alone, and both the parties hereby waive and forever renounce the right to a trial before a civil jury.

Appears in 1 contract

Samples: Non Competition and Confidentiality Agreement

Choice of Law; Enforceability; Waiver of Jury Trial. You acknowledge The Executive acknowledges that a substantial portion of the Company's business is based out of and directed from the State of New York, where the Company maintains its main office and administers all employee compensation and benefits. You The Executive also acknowledge acknowledges that during the course of your the Executive's employment with the Company you the Executive will have substantial contacts with New York. This Agreement shall be deemed to have been made in the State of New York, shall take effect as an instrument under seal within New York, and the validity, interpretation and performance of this Agreement shall be governed by, and construed in accordance with, the internal law of New York, without giving effect to conflict of law principles. Both parties further acknowledge that the last act necessary to render this Agreement enforceable is its execution by the Company in New York, and that the Agreement thereafter shall be maintained in New York. Both parties agree that any action, demand, claim or counterclaim relating to the terms and provisions of Sections 4, 5, 6 and 7 of this Agreement, or to its their breach, shall be commenced in New York in a court of competent jurisdiction. Both parties further acknowledge that venue for such action, demand or counterclaim shall lie exclusively lie in New York and that material witnesses and documents would be located in New York. Both parties further agree that any action, demand, claim or counterclaim shall be resolved by a judge alone, and both parties hereby waive and forever renounce the right to a trial before a civil jury.any

Appears in 1 contract

Samples: Employment Agreement (Bolt Inc)

Choice of Law; Enforceability; Waiver of Jury Trial. You acknowledge that a substantial portion of the Company's ’s business is based out of and directed from the State of New York, where the Company maintains its main office and administers all employee compensation and benefits. You also acknowledge that during the course of your employment with the Company you will have substantial contacts with New York. This Agreement shall be deemed to have been made in the State of New York, shall take effect as an instrument under seal within New York, and the validity, interpretation and performance of this Agreement shall be governed by, and construed in accordance with, the internal law of New York, without giving effect to conflict of law principles. Both parties further acknowledge that the last act necessary to render this Agreement enforceable is its execution by the Company in New York, and that the Agreement thereafter shall be maintained in New York. Both parties agree that any action, demand, claim or counterclaim relating to the terms and provisions of this Agreement, or to its breach, shall be commenced in New York in a court of competent jurisdiction. Both parties further acknowledge that venue shall exclusively lie in New York and that material witnesses and documents would be located in New York. Both parties further agree that any action, demand, claim or counterclaim shall be resolved by a judge alone, and both parties hereby waive and forever renounce the right to a trial before a civil jury.

Appears in 1 contract

Samples: Non Competition and Confidentiality Agreement (Alloy Inc)

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Choice of Law; Enforceability; Waiver of Jury Trial. You acknowledge that a substantial portion of the The Company's ’s business is based out of and directed from the State of New York, where the The Company maintains its main office principal offices and administers administer all employee compensation and benefits. You also acknowledge that during the course of your employment with the The Company you will have substantial contacts with New York. This Agreement shall be deemed to have been made in the State of New York, shall take effect as an instrument under seal within New York, and the validity, interpretation and performance of this Agreement shall be governed by, and construed in accordance with, the internal law of New York, without giving effect to conflict of law principles. Both The parties further acknowledge that the last act necessary to render this Agreement enforceable is its execution by the The Company in New York, and that the Agreement thereafter shall be maintained in New York. Both The parties agree that any action, demand, claim or counterclaim relating to the terms and provisions of this Agreement, or to its breach, shall be commenced in New York in a court of competent jurisdiction. Both The parties further acknowledge that venue shall exclusively lie in New York and that material witnesses and documents would be located in New York. Both The parties further agree that any action, demand, claim or counterclaim shall be resolved by a judge alone, and both the parties hereby waive and forever renounce the right to a trial before a civil jury.

Appears in 1 contract

Samples: Non Competition and Confidentiality Agreement (dELiAs, Inc.)

Choice of Law; Enforceability; Waiver of Jury Trial. You acknowledge that a substantial portion of the Company's Alloy’s business is based out of and directed from the State of New York, where the Company Alloy maintains its main office principal offices and administers administer all employee compensation and benefits. You also acknowledge that during the course of your employment with the Company Alloy you will have substantial contacts with New York. This Agreement shall be deemed to have been made in the State of New York, shall take effect as an instrument under seal within New York, and the validity, interpretation and performance of this Agreement shall be governed by, and construed in accordance with, the internal law of New York, without giving effect to conflict of law principles. Both The parties further acknowledge that the last act necessary to render this Agreement enforceable is its execution by the Company Alloy in New York, and that the Agreement thereafter shall be maintained in New York. Both The parties agree that any action, demand, claim or counterclaim relating to the terms and provisions of this Agreement, or to its breach, shall be commenced in New York in a court of competent jurisdiction. Both The parties further acknowledge that venue shall exclusively lie in New York and that material witnesses and documents would be located in New York. Both The parties further agree that any action, demand, claim or counterclaim shall be resolved by a judge alone, and both the parties hereby waive and forever renounce the right to a trial before a civil jury.

Appears in 1 contract

Samples: Non Competition and Confidentiality Agreement (Alloy Inc)

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