Common use of Governing Law; Remedies Clause in Contracts

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.

Appears in 1 contract

Samples: Employment Agreement (Sanswire Corp.)

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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 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 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.

Appears in 1 contract

Samples: Confidential Employment Agreement (Sanswire Corp.)

Governing Law; Remedies. 11.1 This The validity, construction, interpretation, and enforcement of this Agreement has been executed in the State of Florida and shall be are 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 laws of the State of Florida and the federal laws of the United States located in of America, excluding the County laws of Broward State those jurisdictions pertaining to resolution of Florida conflicts with laws of other jurisdictions. The Company and each agrees not Registered Owner (a) consent to raise the personal jurisdiction of the state and waives any objection to or defense based on federal courts having jurisdiction over Hillsborough County, Florida; (b) stipulate that the venue of any such court or forum non conveniens. 11.4 A court of competent jurisdictionproper, if it determines any provision exclusive, and convenient venues for all legal proceedings arising out of this Agreement to be unreasonable in scopeare the Circuit Court for Hillsborough County, time Florida, for state court proceedings, and the United States District Court for the Middle District of Florida - Tampa Division, for federal district court proceedings; and (c) waive any defense, whether asserted by motion or geographypleading, that the Circuit Court for Hillsborough County, Florida, or the United States District Court for the Middle District of Florida - Tampa Division, is hereby authorized by an improper or inconvenient venue. The Company acknowledges that its breach of this Agreement would result in irreparable and continuing injury to a Registered Owner for which an adequate remedy at law would not exist. Accordingly, if the Employee and Company breaches any obligation owed to a Registered Owner under this Agreement, the Registered Owner, without excluding or limiting any other available remedy, will be entitled to entry of an order granting an injunction or specific performance compelling the Company to enforce comply with this Agreement, without proof of monetary damages or an inadequate remedy at law; provided, however, that no Registered Owner has any right to obtain or seek an injunction restraining or otherwise delaying any registration as the same result of any controversy that might arise with respect to the interpretation or implementation of this Agreement. The covenants and agreements of the Company in such narrower scopethis Agreement are independent of any obligation of a Registered Owner to the Company and are not subject to any set-off, shorter time defense, mitigation, or lesser geography as such court determines counterclaim based on any claim that the Company might have against a Registered Owner, other than pursuant to be reasonable and proper under all the circumstances. 11.5 The Company will also have such this Agreement. In any mediation, arbitration, litigation, or other legal remedies as may be appropriate under proceeding arising out of this Agreement, the circumstance includinglosing party shall reimburse the prevailing party, inter aliaon demand, recovery of damages occasioned for all costs (including reasonable attorney fees) incurred 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 prevailing party in connection with the Company from exercising or enforcing any other right or remedyproceeding.

Appears in 1 contract

Samples: Stock Purchase Agreement (Sailtech International Inc)

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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 and the Employee will be entitled to injunctive and other equitable relief from the courts as provided in Sections 8.3, 11 9 and 10.3 and as the courts may otherwise determine appropriate; and the Employee agrees and Company agree that it will not be a defense to any request for such relief that the Company or the Employee 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 waive 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 and the Employee will also have such other legal remedies as may be appropriate under the circumstance including, inter alia, recovery of damages occasioned by a any breach. The Company's and Employee’s rights and remedies are cumulative and the exercise or enforcement of any one or more of them will not preclude the Company or the Employee from exercising or enforcing any other right or remedy.

Appears in 1 contract

Samples: Employment Agreement (Sanswire Corp.)

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