Governing Law; Remedies. 14.1 This Agreement shall be governed by and construed in all respects in accordance with the laws of the State of Texas.
14.2 Except as otherwise expressly provided in this Agreement, any dispute or claim arising under or with respect to this Agreement will be resolved by arbitration in San Antonio, Texas, in accordance with the Rules for the Resolution of Employment Disputes of the American Arbitration Association before a panel of three (3) arbitrators, one appointed by the Employee, one appointed by the Company, and the third appointed by said Association. The decision or award of a majority of the arbitrators shall be final and binding upon the parties. Any arbitral award may be entered as a judgment or order in any court of competent jurisdiction.
14.3 Notwithstanding the provisions for arbitration contained in this Agreement, the Company will be entitled to injunctive and other equitable relief from the courts as provided in Sections 9.3, 12 and 13.4 and as the courts may otherwise determine appropriate; and the Employee agrees that it will not be a defense to any request for such relief that the Company has an adequate remedy at law. For purposes of any such proceeding, the Company and the Employee submit to the non-exclusive jurisdiction of the courts of the State of Texas and of the United States located in the State of Texas, and each agrees not to raise, and waives, any objection to or defense based on the venue of any such court or forum non conveniens.
14.4 A court of competent jurisdiction, if it determines any provision of this Agreement to be unreasonable in scope, time or geography, is hereby authorized by the Employee and the Company to enforce the same in such narrower scope, shorter time or lesser geography as such court determines to be reasonable and proper under all the circumstances.
14.5 The Company will also have such other legal remedies as may be appropriate under the circumstance including, but not limited to, recovery of damages occasioned by a breach. The Company's rights and remedies are cumulative and the exercise or enforcement of any one or more of them will not preclude the Company from exercising or enforcing any other right or remedy.
Governing Law; Remedies. Any dispute in the meaning, effect or validity of this Agreement shall be resolved in accordance with the laws of the State of New York without regard to the conflict of laws provisions thereof. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. Unless expressly provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy. I further agree that if one or more provisions of this Agreement are held to be illegal or unenforceable under applicable law, such illegal or unenforceable portion shall be limited or excluded from this Agreement to the minimum extent required so that this Agreement shall otherwise remain in full force and effect and enforceable. I also understand that any breach or threatened breach of this Agreement will cause irreparable harm to the Company for which damages would not be a adequate remedy, and, therefore, the Company will be entitled to injunctive relief with respect thereto (without the necessity of posting any bond) in addition to any other remedies.
Governing Law; Remedies. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to its principles or rules of conflicts of laws. MEMBER submits to the exclusive jurisdiction, for the resolution of disputes arising under this Agreement, of the state and federal courts sitting within Wake County, North Carolina. Except as otherwise provided in this Agreement, the rights, powers, remedies and privileges provided in this Agreement are cumulative and not exclusive of any rights, powers, remedies and privileges provided by applicable law.
Governing Law; Remedies. This Agreement shall be construed and enforced in accordance with the laws of the State of Delaware. Recipient acknowledges that the confidential and proprietary status of the Source Code is of a unique nature, the loss of which may cause irreparable harm to NCT Hearing for which any sum of money would be inadequate, and that it may be impossible to measure in money the damages which would be suffered by NCT Hearing by reason of the loss of such confidential and proprietary status. Accordingly, in the event of any material breach or threatened material breach by Recipient of any of its obligations related to maintaining the confidentiality of the Source Codes under this Agreement, NCT Hearing shall be entitled, as a matter of right, to a final order from a court of competent jurisdiction of injunctive and other equitable relief and if NCT Hearing shall institute any action or proceeding to enforce by specific performance or other equitable relief the provisions hereof, Recipient hereby waives the claim or defense that NCT Hearing has an adequate remedy at law and Recipient shall not urge in any such action or proceeding the claim or defense that such remedy at law exists provided, however, that nothing herein contained shall limit or constrain the respective rights of either of the parties hereto to pursue and recover damages at law for breaches of this Agreement.
Governing Law; Remedies. Any dispute in the meaning, effect or validity of this Agreement shall be resolved in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. By: /s/ Xxxx Xxxxxxxxxx /s/ Xxxxxx Xxxxxx Name: Xxxx Xxxxxxxxxx [Name] Title: Chairman
1. Healthcare Software and IT, United Health Group
2. Networking Software & Hardware, AT&T
3. Computer Systems & Enterprise Software, IBM
4. Cable Systems, Software & Hardware, Xxxxxxx Communications, Xxxxxxx Group
5. Broadband Networking & Communications & Software, Raza Foundries, Raza Microelectronics, Raza Venture Management
Governing Law; Remedies. (a) The substantive laws (as distinguished from the choice of law rules) of the State of California shall govern this Waiver.
(b) Any and all disputes or controversies arising out of or relating to this Waiver shall be decided, pursuant to California Code of Civil Procedure ("CCP") Section 638(1), by a reference before a Private Judge (also known as "Rent-A-Judge") sitting without a jury. Pursuant to CCP Section 640, the Private Judge shall be a person mutually agreed upon by the parties; provided that the parties agree to select a retired judge from either the Los Angeles Superior Court or the United States District Court for the Central District of California as the Private Judge. In the event that the parties cannot agree upon a Private Judge, pursuant to CCP Section 640, either party may apply to the Presiding Judge of the Los Angeles Superior Court for the appointment of a Private Judge. If either party seeks to take an appeal from the determination of any such Private Judge, the prevailing party in such appeal shall be entitled to reasonable attorneys' fees and costs. For the purposes hereof, the Company and Employee each hereby submit and subject themselves irrevocably to the personal jurisdiction of the California state and federal courts. Notwithstanding anything herein to the contrary, the foregoing shall not diminish the Company’s right to seek equitable relief pursuant to clause (c) below or otherwise.
(c) Employee acknowledges that Employee’s obligations hereunder, and the rights and privileges granted by Employee to the Company hereunder, are of a special, unique, extraordinary and intellectual character which gives them a peculiar and special value, the loss of which cannot be reasonably or adequately compensated in damages in an action at law, and a breach by Employee of any of the provisions hereof will cause the Company great and irreparable injury. Employee acknowledges that the Company shall, therefore, be entitled, in addition to any other remedies which it may have under this Waiver or at law, to receive injunctive and other equitable relief (including without limitation specific performance) to enforce any of the rights and privileges of the Company or any of the covenants or obligations of Employee hereunder. Notwithstanding anything herein to the contrary, nothing in this Waiver shall be deemed or construed to grant to Employee any right to equitable relief of any kind in connection herewith (including, but not limited to, injuncti...
Governing Law; Remedies. 11.1 This Agreement has been executed in the State of Florida and shall be governed by and construed in all respects in accordance with the law of the State of Florida
11.2 Except as otherwise expressly provided in this Agreement, any dispute or claim arising under or with respect to this Agreement will be resolved by arbitration in Broward County, Florida in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association before a panel of three (3) arbitrators, one appointed by the Employee, one appointed by the Company, and the third appointed by said Association. The decision or award of a majority of the arbitrators shall be final and binding upon the parties. Any arbitral award may be entered as a judgment or order in any court of competent jurisdiction.
11.3 Notwithstanding the provisions for arbitration contained in this Agreement, the Company will be entitled to injunctive and other equitable relief from the courts as provided in Sections 8.3, 11 and 10.3 and as the courts may otherwise determine appropriate; and the Employee agrees that it will not be a defense to any request for such relief that the Company has an adequate remedy at law. For purposes of any such proceeding the Company and the Employee submit to the non-exclusive jurisdiction of the courts of the State of Florida and of the United States located in the County of Broward State of Florida and each agrees not to raise and waives any objection to or defense based on the venue of any such court or forum non conveniens.
11.4 A court of competent jurisdiction, if it determines any provision of this Agreement to be unreasonable in scope, time or geography, is hereby authorized by the Employee and the Company to enforce the same in such narrower scope, shorter time or lesser geography as such court determines to be reasonable and proper under all the circumstances.
11.5 The Company will also have such other legal remedies as may be appropriate under the circumstance including, inter alia, recovery of damages occasioned by a breach. The Company's rights and remedies are cumulative and the exercise or enforcement of any one or more of them will not preclude the Company from exercising or enforcing any other right or remedy.
Governing Law; Remedies. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK (BUT EXCLUDING ALL OTHER CHOICE OF LAW AND CONFLICTS OF LAW RULES), AND ANY DISPUTE BETWEEN THE PARTIES HERETO ARISING OUT OF, CONNECTED WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH THIS AGREEMENT, AND WHETHER ARISING IN CONTRACT, TORT, EQUITY, OR OTHERWISE, SHALL BE RESOLVED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK (BUT EXCLUDING ALL OTHER CHOICE OF LAW AND CONFLICTS OF LAW RULES). In furtherance of the foregoing, the internal law of the State of New York shall control the interpretation and construction of this Agreement, even though under that jurisdiction’s choice of law or conflict of law analysis, the substantive law of some other jurisdiction would ordinarily apply. The parties hereto acknowledge that the provisions of this Agreement are unique and money damages may not provide an adequate remedy for any breach thereof, and each party may seek specific performance and other equitable remedies for any breaches under this Agreement.
Governing Law; Remedies. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to agreements made and to be performed wholly within such jurisdiction, without regard to the conflicts of laws provisions thereof. The parties acknowledge that a breach by a party hereto of the provisions of Article VII will cause irreparable damage to the other parties, the exact amount of which will be difficult or impossible to ascertain, and that such other parties’ remedies at law for any such breach will be inadequate. Accordingly, upon breach or threatened breach of the covenants and undertakings contained in Article VII, such other parties shall be entitled to injunctive or other equitable relief in any court of the United States or any state thereof having jurisdiction.
Governing Law; Remedies. This Amendment will be governed by and construed in accordance with the internal substantive laws of the State of California, without giving effect to the principles of conflicts of laws thereof.
