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Common use of Construction and Jurisdiction Clause in Contracts

Construction and Jurisdiction. a. If any legal action relating to or other proceeding is brought by any party for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any provisions of this Agreement, such action shall be commenced in the Commonwealth of Massachusetts, and the parties hereto agree that such Commonwealth shall have exclusive jurisdiction thereof; provided, however, if any court in said Commonwealth shall decline to afford injunctive relief to the Company on account of the breach or threatened breach of this Agreement by the Executive, the Company shall be entitled to seek such relief from any other court of competent jurisdiction, wherever located. b. The prevailing party shall be entitled to recover reasonable attorney’s fees and other reasonable costs incurred in such action or proceeding in addition to any other relief to which it may be entitled. c. The parties hereby further agree that, in connection therewith, service of process by registered or certified mail or in person shall confer jurisdiction over them.

Appears in 3 contracts

Samples: Employment Agreement (Steinway Musical Instruments Inc), Employment Agreement (Steinway Musical Instruments Inc), Employment Agreement (Steinway Musical Instruments Inc)

Construction and Jurisdiction. a. If any legal action relating to or other proceeding is brought by any party for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any provisions of this Agreement, such action shall be commenced in the Commonwealth of Massachusetts, and the parties hereto agree that such Commonwealth shall have exclusive jurisdiction thereof; provided, however, if any court in said Commonwealth shall decline to afford injunctive relief to the Company on account of the breach or threatened breach of this Agreement by the Executive, the Company shall be entitled to seek such relief from any other court of competent jurisdiction, wherever located. b. The prevailing party shall be entitled to recover reasonable reasonably attorney’s fees and other reasonable costs incurred in such action or proceeding in addition to any other relief to which it may be entitled. c. The parties hereby further agree that, in connection therewith, service of process by registered or certified mail or in person shall confer jurisdiction over them.

Appears in 3 contracts

Samples: Employment Agreement (Steinway Musical Instruments Inc), Employment Agreement (Steinway Musical Instruments Inc), Employment Agreement (Steinway Musical Instruments Inc)

Construction and Jurisdiction. a. If any legal action relating to or other proceeding is brought by any party for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any provisions of this Agreement, such action shall be commenced in the Commonwealth of Massachusetts, and the parties hereto agree that such Commonwealth shall have exclusive jurisdiction thereof; providedPROVIDED, howeverHOWEVER, if any court in said Commonwealth shall decline to afford injunctive relief to the Company on account of the breach or threatened breach of this Agreement by the Executive, the Company shall be entitled to seek such relief from any other court of competent jurisdiction, wherever located. b. The prevailing party shall be entitled to recover reasonable reasonably attorney’s 's fees and other reasonable costs incurred in such action or proceeding in addition to any other relief to which it may be entitled. c. The parties hereby further agree that, in connection therewith, service of process by registered or certified mail or in person shall confer jurisdiction over them.

Appears in 2 contracts

Samples: Employment Agreement (Selmer Co Inc), Employment Agreement (Selmer Co Inc)