Consent to Suit. Subject to the provisions of Section 21 hereof, any legal proceeding arising out of or relating to this Agreement shall be instituted in the Court of Chancery of New Castle County, or if such court does not have jurisdiction or will not accept jurisdiction, in any state or federal court of general jurisdiction in the State of Delaware, and each of the Company and the Employee hereby consents to the personal and exclusive jurisdiction of such court and hereby waives any objection that either party may have to the laying of venue of any such proceeding and any claim or defense of inconvenient forum. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief, reasonable attorneys’ fees, costs and disbursements.
Appears in 11 contracts
Samples: Executive Employment Agreement (MiddleBrook Pharmaceuticals, Inc.), Executive Employment Agreement (MiddleBrook Pharmaceuticals, Inc.), Executive Employment Agreement (MiddleBrook Pharmaceuticals, Inc.)
Consent to Suit. Subject to the provisions of Section 21 hereof, any legal proceeding arising out of or relating to this Agreement shall be instituted in the Court of Chancery of New Castle County, or if such court does not have jurisdiction or will not accept jurisdiction, in any state or federal court of general jurisdiction in the State of Delaware, and each of the Company and the Employee hereby consents to the personal and exclusive jurisdiction of such court and hereby waives any objection that either party may have to the laying of venue of any such proceeding and any claim or defense of inconvenient forum. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief, reasonable attorneys’ ' fees, costs and disbursements.
Appears in 6 contracts
Samples: Executive Employment Agreement (Advancis Pharmaceutical Corp), Executive Employment Agreement (Advancis Pharmaceutical Corp), Executive Employment Agreement (Advancis Pharmaceutical Corp)
Consent to Suit. Subject to the provisions of Section 21 hereof, any legal proceeding arising out of or relating to this Agreement shall be instituted in the Court of Chancery of New Castle County, or if such court does not have jurisdiction or will not accept jurisdiction, in any state or federal court of general jurisdiction in the State of Delaware, and each of the Company and the Employee hereby consents to the personal and exclusive jurisdiction of such court and hereby waives any objection that either party may have to the laying of venue of any such proceeding and any claim or defense of inconvenient forum. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief, reasonable attorneys’ fees, costs and disbursements.. Employee Name: Jxxxx Xxxxx Employment Agreement Ver. 01/2003
Appears in 1 contract
Samples: Executive Employment Agreement (Advancis Pharmaceutical Corp)
Consent to Suit. Subject to the provisions of Section 21 hereof12(b), any legal proceeding arising out of or relating to this Agreement shall be instituted in the Court of Chancery of New Castle County, Delaware, or if such court does not have jurisdiction or will not accept jurisdiction, in any state or federal court of general jurisdiction in the State of Delaware, and each of the Company and the Employee hereby consents to the personal and exclusive jurisdiction of such court and hereby waives any objection that either party the Employee may have to the laying of venue of any such proceeding and any claim or defense of inconvenient forum. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief, reasonable attorneys’ attorney's fees, costs and disbursements.
Appears in 1 contract
Samples: Executive Employment Agreement (Am Communications Inc)