GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, JORCC stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and JORCC reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than JORCC. Nothing in this Settlement Agreement shall be interpreted to relieve JORCC from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then JORCC shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.
Appears in 1 contract
Samples: Settlement Agreement
GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, JORCC Xinxiangshihongqiquachiruimaoyiyouxiangongsi (“Xinxiang”) stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and JORCC Xinxiang reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than JORCCXinxiang. Nothing in this Settlement Agreement shall be interpreted to relieve JORCC Xinxiang from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then JORCC Xinxiang shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.
Appears in 1 contract
Samples: S Ettlement Agreement
GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, JORCC Glarks (“Glarks”) stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and JORCC Glarks reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than JORCCGlarks. Nothing in this Settlement Agreement shall be interpreted to relieve JORCC Glarks from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then JORCC Glarks shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.
Appears in 1 contract
Samples: Settlement Agreement
GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, JORCC Henan Tianyege Company (“Original-D”) stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and JORCC Original-D reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than JORCC. Original-D. Nothing in this Settlement Agreement shall be interpreted to relieve JORCC Original-D from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then JORCC Original-D shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.
Appears in 1 contract
Samples: S Ettlement Agreement
GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, JORCC Xxxxx Xxxx stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and JORCC Wuhan Shan reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than JORCCWuhan Shan. Nothing in this Settlement Agreement shall be interpreted to relieve JORCC Wuhan Shan from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then JORCC Wuhan Shan shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is Products are so affected.
Appears in 1 contract
Samples: Settlement Agreement
GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, JORCC Shenzhen Plus Innovations Electronics Co. Ltd. (“Shenzhen”) stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and JORCC Shenzhen reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than JORCC. Shenzhen Plus Innovations Electronics Co. Ltd. Nothing in this Settlement Agreement shall be interpreted to relieve JORCC Shenzhen from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then JORCC Shenzhen shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.
Appears in 1 contract
Samples: Settlement Agreement
GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, JORCC Xxxx Xxxx Xxx Xxxx Xxx Xxxx You Xxxx Xxxx Xx (“Becooller”) stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and JORCC Becooller reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than JORCCBecooller. Nothing in this Settlement Agreement shall be interpreted to relieve JORCC Becooller from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then JORCC Becooller shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is Products are so affected.
Appears in 1 contract
Samples: S Ettlement Agreement
GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, JORCC SFTZ stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and JORCC SFTZ reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than JORCCSFTZ. Nothing in this Settlement Agreement shall be interpreted to relieve JORCC SFTZ from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then JORCC SFTZ shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.
Appears in 1 contract
Samples: Settlement Agreement
GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, JORCC Chillax-US (“Chillax-US”) stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and JORCC Chillax-US reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than JORCCChillax-US. Nothing in this Settlement Agreement shall be interpreted to relieve JORCC Chillax-US from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then JORCC Chillax-US shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.
Appears in 1 contract
Samples: S Ettlement Agreement
GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, JORCC Scotank stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and JORCC Scotank reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than JORCCScotank. Nothing in this Settlement Agreement shall be interpreted to relieve JORCC Scotank from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then JORCC Scotank shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.
Appears in 1 contract
Samples: Settlement Agreement
GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, JORCC Henan xinkangde trading company (“Xinkangde”) stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and JORCC Xinkangde reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than JORCCXinkangde. Nothing in this Settlement Agreement shall be interpreted to relieve JORCC Xinkangde from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then JORCC Xinkangde shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.
Appears in 1 contract
Samples: Settlement Agreement
GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, JORCC Swpeet (“Swpeet”) stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and JORCC Swpeet reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than JORCCSwpeet. Nothing in this Settlement Agreement shall be interpreted to relieve JORCC Swpeet from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then JORCC Swpeet shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.
Appears in 1 contract
Samples: Settlement Agreement
GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, JORCC Fang Li (“Fang Li”) stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and JORCC Fang Li reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than JORCCFang Li. Nothing in this Settlement Agreement shall be interpreted to relieve JORCC Fang Li from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then JORCC Fang Li shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.
Appears in 1 contract
Samples: Settlement Agreement
GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, JORCC stipulates that the Superior Court Changzhou Yiernuo Trading Co., Ltd. CYT urt of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and JORCC CYT reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than JORCCCYT. Nothing in this Settlement Agreement shall be interpreted to relieve JORCC CYT from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then JORCC CYT shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.
Appears in 1 contract
Samples: S Ettlement Agreement