Enforcement; Venue; Service of Process. In the event either party shall seek enforcement of any covenant, warranty or other term or provision of this Agreement or seek to recover damages fore the breach thereof, the party which prevails in such proceedings shall be entitled to recover reasonable attorneys' fees and expenses actually incurred by it in connection therewith. Subject to Section 11.5, and without waiving the same, the parties hereto agree that this Agreement is performable in Bexar County, Texas and that the sole and exclusive venue for any proceeding involving any claim arising under or relating to this Agreement shall be in Bexar County, Texas. The parties hereto agree that the service of process or any other papers upon them or any of them by either of the methods specified in clauses (a) and (c) of, and otherwise in accordance with, Section 11.4 hereto shall be deemed good, proper, and effective service upon them.
Appears in 2 contracts
Samples: Merger Agreement (Packaged Ice Inc), Merger Agreement (Packaged Ice Inc)
Enforcement; Venue; Service of Process. In the event either party any Party shall seek enforcement of any covenant, warranty or other term or provision of this Agreement or seek to recover damages fore for the breach thereof, the party Party which prevails in such proceedings shall be entitled to recover reasonable attorneys' fees and expenses actually incurred by it in connection therewith. Subject to Section 11.5, SECTION 3(b) and without waiving the same, the parties hereto Parties agree that this Agreement is performable in Bexar County, Texas and that the sole and exclusive venue for any proceeding involving any claim arising under or relating to this Agreement shall be in Bexar County, Texas. The parties hereto Parties agree that the service of process or any other papers upon them or any of them by either any of the methods specified in clauses (a) and (c) of, and otherwise in accordance with, Section 11.4 hereto with SECTION 3(g) (other than by facsimile) shall be deemed good, proper, and effective service upon them.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement (Eye Care Centers of America Inc)
Enforcement; Venue; Service of Process. In the event either any party shall seek enforcement of any covenant, warranty or other term or provision of this Agreement or seek to recover damages fore for the breach thereof, the party which prevails in such proceedings shall be entitled to recover reasonable attorneys' ’ fees and expenses actually incurred by it in connection therewith. Subject to the provisions of Section 11.5, 4.05 hereof and without waiving the same, the parties hereto agree that this Agreement is shall be performable in Bexar Xxxxxx County, Texas and that the sole and exclusive venue for any proceeding involving any claim arising under or relating to this Agreement shall be in Bexar Xxxxxx County, Texas. The parties hereto agree that the service of process or any other papers upon them or any of them by either any of the methods specified in clauses (a) and (c) of, and otherwise in accordance with, with Section 11.4 hereto 4.01 (other than by facsimile) shall be deemed good, proper, and effective service upon them.
Appears in 1 contract
Samples: Agreement of Sale and Purchase (Stratus Properties Inc)
Enforcement; Venue; Service of Process. In the event either party any Party shall seek enforcement of any covenant, warranty or other term or provision of this Agreement or seek to recover damages fore for the breach thereof, the party Party which prevails in such proceedings shall be entitled to recover reasonable attorneys' fees and expenses actually incurred by it in connection therewith. Subject to Section 11.5, SECTION 6.02 and without waiving the same, the parties hereto Parties agree that this Agreement is performable in Bexar County, Texas and that the sole and exclusive venue for any proceeding involving any claim arising under or relating to this Agreement shall be in Bexar County, Texas. The parties hereto Parties agree that the service of process or any 19 <PAGE> other papers upon them or any of them by either any of the methods specified in clauses (a) and (c) of, and otherwise in accordance with, Section 11.4 hereto with SECTION 6.07 (other than by facsimile) shall be deemed good, proper, and effective service upon them.
Appears in 1 contract
Samples: Settlement Agreement
Enforcement; Venue; Service of Process. In the event either party any Party shall seek enforcement of any covenant, warranty or other term or provision of this Agreement or seek to recover damages fore for the breach thereof, the party Party which prevails in such proceedings shall be entitled to recover reasonable attorneys' fees and expenses actually incurred by it in connection therewith. Subject to Section 11.5, SECTION 6.02 and without waiving the same, the parties hereto Parties agree that this Agreement is performable in Bexar County, Texas and that the sole and exclusive venue for any proceeding involving any claim arising under or relating to this Agreement shall be in Bexar County, Texas. The parties hereto Parties agree that the service of process or any other papers upon them or any of them by either any of the methods specified in clauses (a) and (c) of, and otherwise in accordance with, Section 11.4 hereto with SECTION 6.07 (other than by facsimile) shall be deemed good, proper, and effective service upon them.
Appears in 1 contract
Samples: Settlement Agreement (Eye Care Centers of America Inc)