Common use of Governing Law, Dispute Resolution and Venue Clause in Contracts

Governing Law, Dispute Resolution and Venue. (a) This Agreement shall be governed and construed in accordance with the laws of the State of Georgia, without regard to conflicts of laws principles. (b) The Parties agree irrevocably to submit to the exclusive jurisdiction of the federal courts or, if no federal jurisdiction exists, the state courts, located in Macon, Georgia, for the purposes of any suit, action or other proceeding brought by any party arising out of any breach of any of the provisions of this Agreement and hereby waive, and agree not to assert by way of motion. as a defense or otherwise. in any such suit, action, or proceeding. any claim that it is not personally subject to the jurisdiction of the above named courts, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper, or that the provisions of this Agreement may not be enforced in or by such courts. (c) THE PARTIES HERETO HEREBY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THIS AGREEMENT OR THE VALIDITY, INTERPRETATION OR ENFORCEMENT HEREOF. THE PARTIES HERETO AGREE THAT THIS SECTION IS A SPECIFIC AND MATERIAL ASPECT OF THIS AGREEMENT AND WOULD NOT ENTER LNTO THIS AGREEMENT IF THIS SECTION WERE NOT PART OF THJS AGREEMENT.

Appears in 4 contracts

Samples: Employment Agreement (Blue Bird Corp), Employment Agreement (Blue Bird Corp), Employment Agreement (Blue Bird Corp)

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Governing Law, Dispute Resolution and Venue. (a) This Agreement shall be governed and construed in accordance with the laws of the State of GeorgiaNew York applicable to agreements made and not to be performed entirely within such state, without regard to conflicts of laws principles. (b) The Parties agree irrevocably to submit to the exclusive jurisdiction of the federal courts or, if no federal jurisdiction exists, the state courts, located in Maconthe City of New York, GeorgiaBorough of Manhattan, for the purposes of any suit, action or other proceeding brought by any party arising out of any breach of any of the provisions of this Agreement and hereby waive, and agree not to assert by way of motion. , as a defense or otherwise. , in any such suit, action, or proceeding. , any claim that it is not personally subject to the jurisdiction of the above above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper, or that the provisions of this Agreement may not be enforced in or by such courts. (c) THE PARTIES HERETO HEREBY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THIS AGREEMENT OR THE VALIDITY, INTERPRETATION OR ENFORCEMENT HEREOF. THE PARTIES HERETO AGREE THAT THIS SECTION IS A SPECIFIC AND MATERIAL ASPECT OF THIS AGREEMENT AND WOULD NOT ENTER LNTO INTO THIS AGREEMENT IF THIS SECTION WERE NOT PART OF THJS THIS AGREEMENT.

Appears in 2 contracts

Samples: Employment Agreement (Blue Bird Corp), Employment Agreement (Blue Bird Corp)

Governing Law, Dispute Resolution and Venue. (a) This Agreement shall be governed and construed in accordance with the laws of the State of Georgia, without regard to conflicts of laws principles. (b) The Parties agree irrevocably to submit to the exclusive jurisdiction of the federal courts or, if no federal jurisdiction exists, the state courts, located in Macon, Georgia, for the purposes of any suit, action or other proceeding brought by any party arising out of any breach of any of the provisions of this Agreement and hereby waive, and agree not to assert by way of motion. , as a defense or otherwise. , in any such suit, action, or proceeding. , any claim that it is not personally subject to the jurisdiction of the above above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper, or that the provisions of this Agreement may not be enforced in or by such courts. (c) THE PARTIES HERETO HEREBY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THIS AGREEMENT OR THE VALIDITY, INTERPRETATION OR ENFORCEMENT HEREOF. THE PARTIES HERETO AGREE THAT THIS SECTION IS A SPECIFIC AND MATERIAL ASPECT OF THIS AGREEMENT AND WOULD NOT ENTER LNTO INTO THIS AGREEMENT IF THIS SECTION WERE NOT PART OF THJS THIS AGREEMENT.

Appears in 1 contract

Samples: Employment Agreement (Blue Bird Corp)

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Governing Law, Dispute Resolution and Venue. (a) This Agreement shall be governed by and construed under the State of Florida. If a dispute arises out of or relates to this Agreement, or breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Process before resorting to litigation. In the event any party to this Agreement commences any litigation proceedings or other legal action with respect to any claim arising under this Agreement, the Parties hereby (a) agree that any such litigation, proceeding or other legal action shall be brought exclusively in a court of competent jurisdiction located within Broward County, Florida, whether a state or federal court; (b) agree that in connection with any such court described in clause (a) and to service of process upon them in accordance with the laws rules and statutes governing service of processor in accordance with the State of Georgia, without regard notice provisions contained herein; and (c) agree to conflicts of laws principles. (b) The Parties agree irrevocably to submit waive to the exclusive jurisdiction of full extent permitted by law any objection that they now or hereafter have to the federal courts or, if no federal jurisdiction exists, the state courts, located in Macon, Georgia, for the purposes venue of any suitsuch litigation, proceeding or action or other proceeding brought by any party arising out of any breach of any of the provisions of this Agreement and hereby waive, and agree not to assert by way of motion. as a defense or otherwise. in any such suit, action, or proceeding. any claim that it is not personally subject to the jurisdiction of the above named courts, that the suit, action or proceeding is was brought in an inconvenient forum, . The Parties expressly agree that the venue of the suit, action or proceeding is improper, or that the provisions any breach of this Agreement may not shall be enforced deemed to have occurred in or by such courts. (c) County. EACH PARTY HERETO WAIVES THE PARTIES HERETO HEREBY WAIVE, RIGHT TO THE EXTENT PERMITTED BY APPLICABLE LAW, A TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, DISPUTE IN CONNECTION WITH, WITH OR ARISING OUT OF RELATING TO THIS AGREEMENT OR THE VALIDITYANY MATTERS DESCRIBES OR COMTEMPLATED HEREIN, INTERPRETATION AND AGREES TO TAKE ANY AND ALL ACTION NECESSARY OR ENFORCEMENT HEREOF. THE PARTIES HERETO AGREE THAT THIS SECTION IS A SPECIFIC AND MATERIAL ASPECT OF THIS AGREEMENT AND WOULD NOT ENTER LNTO THIS AGREEMENT IF THIS SECTION WERE NOT PART OF THJS AGREEMENTAPPROPRIATE TO EFFECT SUCH WAIVER.

Appears in 1 contract

Samples: Consulting Agreement (Parlux Fragrances Inc)

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