Common use of Choice of Law; Litigation Clause in Contracts

Choice of Law; Litigation. This Agreement shall be governed by, construed, applied and enforced in accordance with, the laws of the State of Arizona. In the event that any party to this Agreement commences any litigation, proceeding or other legal action in connection with or relating to this Agreement, any related agreement or any matters described or contemplated herein or therein, the parties hereto hereby agree (1) under all circumstances absolutely and irrevocably to institute any litigation, proceeding or other legal action in a court of competent jurisdiction located within the State of Arizona, whether a state or federal court; (2) that in the event of any such litigation, proceeding or action, such parties will consent and submit to the personal jurisdiction of any such court described in clause (1) of this Section 18 and to service of process upon them in accordance with the rules and statutes governing service of process (it being understood that nothing in this section shall be deemed to prevent any party from seeking to remove any action to a federal court in the State of Arizona); (3) to waive to the full extent permitted by law any objection that they may now or hereafter have to the venue of any such litigation, proceeding or action in any such court or that any such litigation, proceeding or action was brought in any inconvenient forum; (4) to designate, appoint and direct an authorized agent to receive on its behalf service of any and all process and documents in any legal proceeding in the State of Arizona, or as an alternative method of service, to service of process in any legal proceeding by mailing of copies thereof to such party at its address set forth herein for communications to such party; (5) that any service made as provided herein shall be effective and binding service in every respect; (6) if Executive prevails in such litigation, and if and to the extent that the same is permitted by law, then Executive shall be entitled to reimbursement of his reasonable legal fees and expenses of litigation incurred in connection therewith; and (7) that nothing herein shall affect the rights of any party to effect service of process in any other manner permitted by law.

Appears in 3 contracts

Samples: Employment Agreement (Rinker Group LTD), Employment Agreement (Kiewit Materials Co), Executive Employment Agreement (Kiewit Materials Co)

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Choice of Law; Litigation. This Agreement shall be governed by, construed, applied and enforced in accordance with, the laws of the State of ArizonaNebraska. In the event that any party to this Agreement commences any litigation, proceeding or other legal action in connection with or relating to this Agreement, any related agreement or any matters described or contemplated herein or therein, the parties hereto hereby agree (1) under all circumstances absolutely and irrevocably to institute any litigation, proceeding or other legal action in a court of competent jurisdiction located within the State of ArizonaNebraska, whether a state or federal court; (2) that in the event of any such litigation, proceeding or action, such parties will consent and submit to the personal jurisdiction of any such court described in clause (1) of this Section 18 and to service of process upon them in accordance with the rules and statutes governing service of process (it being understood that nothing in this section shall be deemed to prevent any party from seeking to remove any action to a federal court in the State of ArizonaNebraska); (3) to waive to the full extent permitted by law any objection that they may now or hereafter have to the venue of any such litigation, proceeding or action in any such court or that any such litigation, proceeding or action was brought in any inconvenient forum; (4) to designate, appoint and direct an authorized agent to receive on its behalf service of any and all process and documents in any legal proceeding in the State of ArizonaNebraska, or as an alternative method of service, to service of process in any legal proceeding by mailing of copies thereof to such party at its address set forth herein for communications to such party; (5) that any service made as provided herein shall be effective and binding service in every respect; (6) if Executive prevails in such litigation, and if and to the extent that the same is permitted by law, then Executive shall be entitled to reimbursement of his reasonable legal fees and expenses of litigation incurred in connection therewith; and (7) that nothing herein shall affect the rights of any party to effect service of process in any other manner permitted by law.connection

Appears in 1 contract

Samples: Executive Employment Agreement (Kiewit Materials Co)

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