Governing Law; Attorneys’ Fees. This Agreement shall be governed by and construed, interpreted and applied in accordance with the laws of the State of Texas, excluding any choice-of-law rules that would refer the matter to the laws of another jurisdiction. Subject to Section 3.10 (Dispute Resolution), each party hereto hereby irrevocably submits to the exclusive jurisdiction of the United States District Court for the Northern District of Texas and, if such court does not have jurisdiction, of the Subject to Section 3.10 (Dispute Resolution), to the extent permitted by applicable law, Executive hereby waives and agrees not to assert, by way of motion, as a defense or otherwise in any such action, any claim (a) that it is not subject to the jurisdiction of the above-named courts, (b) that the action is brought in an inconvenient forum, (c) that it is immune from any legal process with respect to itself or its property, (d) that the venue of the suit, action or proceeding is improper, or (e) that this Agreement or the subject matter hereof may not be enforced in or by such courts. The prevailing party in any action or proceeding relating to this Agreement shall be entitled to recover reasonable attorneys' fees and other costs from the non-prevailing parties, in addition to any other relief to which such prevailing party may be entitled.
Appears in 3 contracts
Samples: Employment Agreement (Neutral Posture Ergonomics Inc), Employment Agreement (Neutral Posture Ergonomics Inc), Employment Agreement (Neutral Posture Ergonomics Inc)
Governing Law; Attorneys’ Fees. This Agreement shall be governed by and construed, interpreted and applied in accordance with the laws of the State of Texas, excluding any choice-of-law rules that would refer the matter to the laws of another jurisdiction. Subject to Section 3.10 (Dispute ResolutionDISPUTE RESOLUTION), each party hereto hereby irrevocably submits to the exclusive jurisdiction of the United States District Court for the Northern District of Texas and, if such court does not have jurisdiction, of the courts of the State of Texas in Dallas County, for the purposes of any action arising out of this Agreement or the subject matter hereof brought by any other party. Subject to Section 3.10 (Dispute ResolutionDISPUTE RESOLUTION), to the extent permitted by applicable law, Executive hereby waives and agrees not to assert, by way of motion, as a defense or otherwise in any such action, any claim (a) that it is not subject to the jurisdiction of the above-named courts, (b) that the action is brought in an inconvenient forum, (c) that it is immune from any legal process with respect to itself or its property, (d) that the venue of the suit, action or proceeding is improper, or (e) that this Agreement or the subject matter hereof may not be enforced in or by such courts. The prevailing party in any action or proceeding relating to this Agreement shall be entitled to recover reasonable attorneys' fees and other costs from the non-prevailing parties, in addition to any other relief to which such prevailing party may be entitled.
Appears in 3 contracts
Samples: Employment Agreement (Neutral Posture Ergonomics Inc), Employment Agreement (Neutral Posture Ergonomics Inc), Employment Agreement (Neutral Posture Ergonomics Inc)
Governing Law; Attorneys’ Fees. This Agreement shall be governed by and construed, interpreted and applied in accordance with the laws of the State of Texas, excluding any choice-of-law rules that would refer the matter to the laws of another jurisdiction. Subject to Section 3.10 (Dispute Resolution), each party hereto hereby irrevocably submits to the exclusive jurisdiction of the United States District Court for the Northern District of Texas and, if such court does not have jurisdiction, of the courts of the State of Texas in Dallas County, for the purposes of any action arising out of this Agreement or the subject matter hereof brought by any other party. Subject to Section 3.10 (Dispute Resolution), to the extent permitted by applicable law, Executive hereby waives and agrees not to assert, by way of motion, as a defense or otherwise in any such action, any claim (a) that it is not subject to the jurisdiction of the above-named courts, (b) that the action is brought in an inconvenient forum, (c) that it is immune from any legal process with respect to itself or its property, (d) that the venue of the suit, action or proceeding is improper, or (e) that this Agreement or the subject matter hereof may not be enforced in or by such courts. The prevailing party in any action or proceeding relating to this Agreement shall be entitled to recover reasonable attorneys' fees and other costs from the non-prevailing parties, in addition to any other relief to which such prevailing party may be entitled.
Appears in 2 contracts
Samples: Employment Agreement (Neutral Posture Ergonomics Inc), Employment Agreement (Neutral Posture Ergonomics Inc)
Governing Law; Attorneys’ Fees. This Agreement and any related agreements shall be governed by and by, construed, interpreted and applied in accordance with the laws of the State of Texas, excluding without giving effect to any choice-of-law conflict of laws rules that would refer the matter to the laws of another jurisdiction. Subject to Section 3.10 (Dispute Resolution)8.17, each party hereto hereby irrevocably submits to the exclusive jurisdiction of the United States District Court for the Northern Southern District of Texas and, if such court does not have jurisdiction, of the courts of the State of Texas in Harrxx Xxxnty, for the purposes of any action arising out of this Agreement or any related agreements, or the subject matter hereof or thereof, brought by any other party. Subject to Section 3.10 (Dispute Resolution)8.17, to the extent permitted by applicable law, Executive each party hereby waives and agrees not to assert, by way of motion, as a defense or otherwise in any such action, any claim claim
(ai) that it is not subject to the jurisdiction of the above-named courts, (bii) that the action is brought in an inconvenient forum, (ciii) that it is immune from any legal process with respect to itself or its property, (div) that the venue of the suit, action or proceeding is improper, improper or (ev) that this Agreement or any related agreement, or the subject matter hereof or thereof, may not be enforced in or by such courts. The prevailing party in any action or proceeding relating to this Agreement or any related agreement shall be entitled to recover reasonable attorneys' fees and other costs from the non-prevailing parties, in addition to any other relief to which such prevailing party may be entitled.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Landmark Theatre Corp), Property Purchase Agreement (Landmark Theatre Corp)
Governing Law; Attorneys’ Fees. This Agreement and the Related Agreements shall be governed by and by, construed, interpreted and applied in accordance with the laws of the State of Texas, excluding without giving effect to any choice-of-law conflict of laws rules that would refer the matter to the laws of another jurisdiction. Subject to Section 3.10 10.7 (Dispute Resolution), each party hereto hereby irrevocably submits to the exclusive jurisdiction of the United States District Court for the Northern District of Texas Kansas, Kansas City Division and, if such court does not have jurisdiction, of the courts of the State of Kansas in Wyandotte County, for the purposes of any action arising out of this Agreement or any of the Related Agreements, or the subject matter hereof or thereof, brought by any other party hereto or thereto. Subject to Section 3.10 10.7 (Dispute Resolution), to the extent permitted by applicable law, Executive each party hereby waives and agrees not to assert, by way of motion, as a defense or otherwise in any such action, any claim (ai) that it is not subject to the jurisdiction of the above-named courts, (bii) that the action is brought in an inconvenient forum, (ciii) that it is immune from any legal process with respect to itself or its property, (div) that the venue of the suit, action or proceeding is improper, B-70 84 improper or (ev) that this Agreement or any Related Agreement, or the subject matter hereof or thereof, may not be enforced in or by such courts. The prevailing party in any action or proceeding relating to this Agreement or any Related Agreement shall be entitled to recover reasonable attorneys' fees and other costs from the non-prevailing parties, in addition to any other relief to which such prevailing party may be entitled.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Alamosa PCS Holdings Inc)
Governing Law; Attorneys’ Fees. This Agreement shall be governed by and construed, interpreted and applied in accordance with the laws of the State of Texas, excluding any choice-of-law rules that would refer the matter to the laws of another jurisdiction. Subject to Section 3.10 (Dispute Resolution), each party hereto hereby irrevocably submits to the exclusive jurisdiction of the United States District Court for the Northern District of Texas and, if such court does not have jurisdiction, of the courts of the State of Texas in Dallas County, for the purposes of any action arising out of this Agreement or the subject matter hereof brought by any other party. Subject to Section 3.10 (Dispute Resolution), to the extent permitted by applicable law, Executive hereby waives and agrees not to assert, by way of motion, as a defense or otherwise in any such action, any claim (a) that it is not subject to the jurisdiction of the above-named courts, (b) that the action is brought in an inconvenient forum, (c) that it is immune from any legal process with respect to itself or its property, (d) that the venue of the suit, action or proceeding is improper, or (e) that this Agreement or the subject matter hereof may not be enforced in or by such courts. The prevailing party in any action or proceeding relating to this Agreement shall be entitled to recover reasonable attorneys' fees and other costs from the non-prevailing parties, in addition to any other relief to which such prevailing party may be entitled.
Appears in 1 contract
Governing Law; Attorneys’ Fees. This Agreement shall be governed by and construed, interpreted and applied in accordance with the laws of the State of Texas, excluding any choice-of-law rules that would refer the matter to the laws of another jurisdiction. Subject to Section 3.10 2.10 (Dispute Resolution), each party hereto hereby irrevocably submits to the exclusive jurisdiction of the United States District Court for the Northern District of Texas and, if such court does not have jurisdiction, of the courts of the State of Texas in Dallas County, for the purposes of any action arising out of this Agreement or the subject matter hereof brought by any other party. Subject to Section 3.10 2.10 (Dispute Resolution), to the extent permitted by applicable law, Executive hereby waives and agrees not to assert, by way of motion, as a defense or otherwise in any such action, any claim (a) that it is not subject to the jurisdiction of the above-named courts, (b) that the action is brought in an inconvenient forum, (c) that it is immune from any legal process with respect to itself or its property, (d) that the venue of the suit, action or proceeding is improper, improper or (e) that this Agreement or of the subject matter hereof may not be enforced in or by such courts. The prevailing party in any action or proceeding relating to this Agreement shall be entitled to recover reasonable attorneys' fees and other costs from the non-prevailing parties, in addition to any other relief to which such prevailing party may be entitled.
Appears in 1 contract
Samples: Employment Agreement (Amresco Inc)
Governing Law; Attorneys’ Fees. This Agreement and the Related ------------------------------ Agreements shall be governed by and by, construed, interpreted and applied in accordance with the laws of the State of Texas, excluding without giving effect to any choice-of-law conflict of laws rules that would refer the matter to the laws of another jurisdiction. Subject to Section 3.10 (Dispute Resolution), each Each party hereto hereby irrevocably submits to the exclusive jurisdiction of the United States District Court for in the Northern District State of Texas and, if such court does not have jurisdiction, of the Subject to Section 3.10 (Dispute Resolution)courts of the State of Texas, to for the purposes of any action arising out of this Agreement or any of the Related Agreements, or the subject matter hereof or thereof, brought by any other party. To the extent permitted by applicable law, Executive each party hereby waives and agrees not to assert, by way of motion, as a defense or otherwise in any such action, any claim (a) that it is not subject to the jurisdiction of the above-named courts, (b) that the action is brought in an inconvenient forum, (c) that it is immune from any legal process with respect to itself or its property, (d) that the venue of the suit, action or proceeding is improper, improper or (e) that this Agreement or any Related Agreement, or the subject matter hereof or thereof, may not be enforced in or by such courts. The prevailing party in Fees and expenses (including reasonable attorneys' fees) relating to any action or proceeding relating to enforce this Agreement or any Related Agreement shall be entitled to recover reasonable attorneys' fees and other costs from equitably allocated among the non-prevailing parties, parties in addition to any other relief to which such prevailing party may be entitledthe discretion of the court.
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