Common use of Governing Law; Remedies Clause in Contracts

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.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Usurf America Inc), Employment Agreement (Usurf America Inc), Employment Agreement (Usurf America Inc)

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Governing Law; Remedies. 14.1 This Agreement has been executed in the State of Arizona and shall be governed by and construed in all respects in accordance with the internal laws of the State of TexasArizona. 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 AntonioPhoenix, TexasArizona, 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 single arbitrator appointed by said Association. The decision or award of a majority of the arbitrators arbitrator shall be final and binding upon the parties. Any arbitral arbitration 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 9.39.2, 12 11 and 13.4 12.3 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 Texas Arizona and of the United States located in the County of Maricopa State of TexasArizona, and each agrees not to raise, raise and waives, 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 tointer 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.

Appears in 1 contract

Samples: Employment Agreement (Alanco Technologies Inc)

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Governing Law; Remedies. 14.1 11.1 This Agreement agreement has been executed in the State of Florida and shall be governed by and construed in all respects in accordance with the laws law of the State of TexasFlorida. 14.2 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 San AntonioTampa, TexasFlorida, 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 EmployeeConsultant, 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 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 9.3Section 6.2, 12 11 and 13.4 12.3 and as the courts may otherwise determine appropriate; and the Employee Consultant 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, proceeding the Company and the Employee Consultant submit to the non-exclusive jurisdiction of the courts of the State of Texas Florida and of the United States located in the County of Hillsborough, State of TexasFlorida, and each agrees not to raise, raise and waives, waives any objection to or defense based on the venue of any such court or of forum non conveniensconvenient. 14.4 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 Consultant 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 11.5 The Company and the Consultant will also have such other legal remedies as may be appropriate under the circumstance circumstances including, but not limited tointer alia, recovery of damages occasioned by a breach. The Company's rights and remedies of the Company and the Consultant are cumulative and the exercise or enforcement of any one or more of them will not preclude the Company or the Consultant from exercising or enforcing any other right rights or remedy.

Appears in 1 contract

Samples: Board Configuration Agreement (United States Telecommunications Inc/Fl)

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