Consent to Jurisdiction; Venue. Executive hereby irrevocably ------------------------------ submits to the personal jurisdiction of the United States District Court for the Western District of Pennsylvania or the Court of Common Pleas of Allegheny County, Pennsylvania any action or proceeding arising out of or relating to this Agreement that cannot be finally resolved by arbitration pursuant to Section 4.04 hereof (and for enforcement of any such arbitration decision), and Executive hereby irrevocably agrees that all claims in respect of any such action or proceeding may be heard and determined in either such court. Executive hereby irrevocably waives any objection which he now or hereafter may have to the laying of venue of any action or proceeding arising out of or relating to this Agreement brought in the United States District Court for the Western District of Pennsylvania or the Court of Common Pleas of Allegheny County, Pennsylvania and any objection on the ground that any such action or proceeding in either of such Courts has been brought in an inconvenient forum. Nothing in this Section 4.03 shall affect the right of the Company to bring any action or proceeding against Executive or his property in the courts of other jurisdictions where the Executive resides or has his principal place of business or where such property is located.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Respironics Inc), Supplemental Employment Agreement (Respironics Inc), Supplemental Employment Agreement (Respironics Inc)
Consent to Jurisdiction; Venue. Executive hereby irrevocably ------------------------------ submits to the personal jurisdiction of the United States District Court for the Western District of Pennsylvania or the Court of Common Pleas of Allegheny County, Pennsylvania in any action or proceeding arising out of or relating to this Agreement that cannot be finally resolved by arbitration pursuant to Section 4.04 6.05 hereof (and for enforcement of any such arbitration decision), and Executive hereby irrevocably agrees that all claims in respect of any such action or proceeding may be heard and determined in either such court. Executive hereby irrevocably waives any objection which he now or hereafter may have to the laying of venue of any action or proceeding arising out of or relating to this Agreement brought in the United States District Court for the Western District of Pennsylvania or the Court of Common Pleas of Allegheny County, Pennsylvania and any objection on the ground that any such action or proceeding in either of such Courts has been brought in an inconvenient forum. Nothing in this Section 4.03 6.04 shall affect the right of the Company to bring any action or proceeding against Executive or his property in the courts of other jurisdictions where the Executive resides or has his principal place of business or where such property is located.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Respironics Inc), Employment Agreement (Respironics Inc), Employment Agreement (Respironics Inc)
Consent to Jurisdiction; Venue. Executive hereby irrevocably ------------------------------ ------------------------------- submits to the personal jurisdiction of the United States District Court for the Western District of Pennsylvania or the Court of Common Pleas of Allegheny County, Pennsylvania in any action or proceeding arising out of or relating to this Agreement that cannot be finally resolved by arbitration pursuant to Section 4.04 6.05 hereof (and for enforcement of any such arbitration decision), decisions) and Executive hereby irrevocably agrees that all claims in respect of any such action or proceeding may be heard and determined in either such court. Executive hereby irrevocably waives any objection which he now or hereafter may have to the laying of venue of any action or proceeding arising out of or relating to this Agreement brought in the United States District Court for the Western District of Pennsylvania or the Court of Common Pleas of Allegheny County, Pennsylvania and any objection on the ground that any such action or proceeding in either of such Courts has been brought in an inconvenient forum. Nothing in this Section 4.03 6.04 shall affect the right of the Company to bring any action or proceeding against Executive or his property in the courts of other jurisdictions where the Executive resides or has his principal place of business or where such property is located.
Appears in 1 contract
Consent to Jurisdiction; Venue. Executive hereby irrevocably ------------------------------ submits to the personal jurisdiction of the United States District Court for the Western District of Pennsylvania or the Court of Common Pleas of Allegheny County, Pennsylvania in any action or proceeding arising out of or relating to this Agreement that cannot be finally resolved by arbitration pursuant to Section 4.04 6.05 hereof (and for enforcement of any such arbitration decision), and Executive hereby irrevocably agrees that all claims in respect of any such action or proceeding may be heard and determined in either such court. Executive hereby irrevocably waives any objection which he now or hereafter may have to the laying of venue of any action or proceeding arising out of or relating to this Agreement brought in the United States District Court for the Western District of Pennsylvania or the Court of Common Pleas of Allegheny County, Pennsylvania and any objection on the ground that any such action or proceeding in either of such Courts has been brought in an inconvenient forum. Nothing in this Section 4.03 6.04 shall affect the right of the Company to bring any action or proceeding against Executive or his property in the courts of other jurisdictions where the Executive resides or has his principal place of business or where such property is located.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Healthdyne Technologies Inc)
Consent to Jurisdiction; Venue. Executive hereby irrevocably ------------------------------ submits to the personal jurisdiction of the United States District Court for the Western District of Pennsylvania or the Court of Common Pleas of Allegheny County, Pennsylvania in any action or proceeding arising out of or relating to this Agreement that cannot be finally resolved by arbitration pursuant to Section 4.04 6.06 hereof (and for enforcement of any such arbitration decision), and Executive hereby irrevocably agrees that all claims in respect of any such action or proceeding may be heard and determined in either such court. Executive hereby irrevocably waives any objection which he now or hereafter may have to the laying of venue of any action or proceeding arising out of or relating to this Agreement brought in the United States District Court for the Western District of Pennsylvania or the Court of Common Pleas of Allegheny County, Pennsylvania and any objection on the ground that any such action or proceeding in either of such Courts has been brought in an inconvenient forum. Nothing in this Section 4.03 6.05 shall affect the right of the Company to bring any action or proceeding against Executive or his property in the courts of other jurisdictions where the Executive resides or has his principal place of business or where such property is located. The parties agree and acknowledge that a breach by the Company of its obligations under this Agreement will result in significant damages to Executive. Accordingly, in order to provide certainty with respect to Executive’s ability to receive the benefit of his bargain, Executive, in the event of a breach by the Company of its covenants, representations and warranties in this Agreement, shall be entitled, in addition to any other remedies that he may have, to require specific performance of the covenants, representations and warranties of this Agreement.
Appears in 1 contract
Consent to Jurisdiction; Venue. Executive hereby irrevocably ------------------------------ submits to the personal jurisdiction of the United States District Court for the Western District of Pennsylvania or the Court of Common Pleas of Allegheny County, Pennsylvania any action or proceeding arising out of or relating to this Agreement that cannot be finally resolved by arbitration pursuant to Section 4.04 hereof (and for enforcement of any such arbitration decision), and Executive hereby irrevocably agrees that all claims in respect of any such action or proceeding may be heard and determined in either such court. Executive hereby irrevocably waives any objection which he now or hereafter may have to the laying of venue of any action or proceeding arising out of or relating to this Agreement brought in the United States District Court for the Western District of Pennsylvania or the Court of Common Pleas of Allegheny County, Pennsylvania and any objection on the ground that any such action or proceeding in either of such Courts has been brought in an inconvenient forum. Nothing in this Section 4.03 shall affect the right of the Company to bring any action or proceeding against Executive or his property in the courts of other jurisdictions where the Executive resides or has his principal place of business or where such property is located.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Healthdyne Technologies Inc)