Governing Law; Venue; Language. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Delaware applicable to contracts made and performed wholly within the State of Delaware, without giving effect to the conflict of laws provisions thereof. Any suit, action or proceeding with respect to this Agreement (or any provision incorporated by reference), or any judgment entered by any court in respect of any thereof, shall be brought in any court of competent jurisdiction in the State of New York or the State of Delaware, and each of the Participant, the Company, and any transferees who hold RSUs pursuant to a valid assignment, hereby submits to the exclusive jurisdiction of such courts for the purpose of any such suit, action, proceeding, or judgment. Each of the Participant, the Company, and any transferees who hold RSUs pursuant to a valid assignment hereby irrevocably waives (a) any objections which it may now or hereafter have to the laying of the venue of any suit, action, or proceeding arising out of or relating to this Agreement brought in any court of competent jurisdiction in the State of Delaware or the State of New York, (b) any claim that any such suit, action, or proceeding brought in any such court has been brought in any inconvenient forum and (c) any right to a jury trial. If the Participant has received a copy of this Agreement (or the Plan or any other document related hereto or thereto) translated into a language other than English, such translated copy is qualified in its entirety by reference to the English version thereof, and in the event of any conflict the English version will govern.
Governing Law; Venue; Language. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Florida applicable to contracts made and performed wholly within the State of Florida, without giving effect to the conflict of laws provisions thereof. Any suit, action or proceeding with respect to this Agreement (or any provision incorporated by reference), or any judgment entered by any court in respect thereof, shall be brought in the U.S. District Court for the Southern District of Florida or in any other court of competent jurisdiction in Broward County, Florida, and each of the Participant, the Company, and any transferees who hold RSUs pursuant to a valid assignment, hereby submits to the exclusive jurisdiction of such courts for the purpose of any such suit, action, proceeding, or judgment. Each of the Participant, the Company, and any transferees who hold RSUs pursuant to a valid assignment hereby irrevocably waives (a) any objections which it may now or hereafter have to the laying of the venue of any suit, action, or proceeding arising out of or relating to this Agreement brought in the U.S. District Court for the Southern District of Florida or in any other court of competent jurisdiction in Broward County, Florida; (b) any claim that any such suit, action, or proceeding brought in any such court has been brought in any inconvenient forum; and (c) any right to a jury trial. If the Participant has received a copy of this Agreement (or the Plan or any other document related hereto or thereto) translated into a language other than English, such translated copy is qualified in its entirety by reference to the English version thereof, and in the event of any conflict the English version will govern.
Governing Law; Venue; Language. 30.1 This Agreement has been made, executed and delivered in California, in which state the offices of SUNEVA are located. Accordingly, the Parties invoke the laws of California regarding the protection of their rights and enforcement of their obligations hereunder and they mutually stipulate and agree that this Agreement is in all respects (including, but not limited to, all matters of interpretation, validity, performance and the consequences of breach) to be exclusively construed, governed and enforced in accordance with the internal laws (excluding all conflict of laws rules) of California and any applicable federal laws of the United States of America, as from time to time amended and in effect. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply in any respect to this Agreement or the Parties.
Governing Law; Venue; Language. The governing law in Section 19.1 (Governing Law) shall govern such proceedings. The place of arbitration shall be New York, New York, unless otherwise agreed to by the Parties, and the language of the arbitration shall be English.
Governing Law; Venue; Language. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Delaware applicable to contracts made and performed wholly within the State of Delaware, without giving effect to the conflict of laws provisions thereof. Any suit, action or proceeding with respect to this Agreement (or any provision incorporated by reference), or any judgment entered by any court in respect of any thereof, shall be brought in any court of competent jurisdiction in the State of New York or the State of Delaware, and each of the Participant, the Company, and any transferees who hold Restricted Stock pursuant to a valid assignment, hereby submits to the exclusive jurisdiction of such courts for the purpose of any such suit, action, proceeding, or judgment. Each of the Participant, the Company, and any transferees who hold Restricted Stock pursuant to a valid assignment hereby irrevocably waives (a) any objections which it may now or hereafter have to the laying of the venue of any suit, action, or proceeding arising out of or relating to this Agreement brought in any court of competent jurisdiction in the State of Delaware or the State of New York,
Governing Law; Venue; Language. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware. Any suit, action or proceeding with respect to this Agreement, or any judgment entered by any court in respect of any thereof, shall be brought in any court of competent jurisdiction specified in the Fourth Amended and Restated Limited Partnership Agreement of the Partnership (as amended from time to time, the “LP Agreement”). The Participant and the Company each hereby irrevocably waives (a) any objections which it may now or hereafter have to the laying of the venue of any suit, action or proceeding arising out of or relating to this Agreement brought in any court of competent jurisdiction in any jurisdiction specified in the LP Agreement, (b) any claim that any such suit, action or proceeding brought in any such court has been brought in any inconvenient forum and (c) any right to a jury trial.
Governing Law; Venue; Language. 22.1 The Purchase Contract will be governed and construed according to the laws of the country, state or province in which Buyer is located, (and, for the avoidance of doubt, if the Buyer is Shape Corp. Czech Republic, s.r.o., according to the laws of the Czech Republic) excluding choice of law provisions that would require application of any other law, and excluding the United Nations Convention on Contracts for the International Sale of Goods.
22.2 Any action, litigation or legal proceeding arising out of the Purchase Contract will be brought exclusively in a court of competent jurisdiction where Buyer has its registered business address. Seller consents to jurisdiction in such court and waives and agrees not to raise any objection to proceeding in any such court, including an objection that the place where such court is located is an inconvenient forum.
22.3 Section 22.2 will not apply to Purchase Contracts to which the law of the People’s Republic of China (excluding Hong Kong, Macao and Taiwan) applies. Instead, any action, litigation or legal proceeding arising out of the Purchase Contract and to which the law of the People’s Republic of China applies will be first subject to consultation between the parties to attempt to settle the dispute, which, if not settled within thirty (30) days of written notice requesting such consultation, will be submitted to the Shanghai International Arbitration Center ("SHIAC") for arbitration before a panel of three (3) arbitrators, to be conducted in the English language and in accordance with the SHIAC rules then in force. The parties acknowledge and confirm that the SHIAC arbitration award will be final and binding upon the parties, not subject to any appeal, will resolve issues related to costs of arbitration, and that a party’s immunity power, if any, is waived. Judgment upon the arbitration award may be entered in any court having jurisdiction over the party against whom enforcement is sought or such party’s property. This Section 22.3 will not preclude the parties from applying for any preliminary or injunctive or similar remedies available under applicable law for any purpose, including but not limited to securing the subsequent enforcement of an arbitration award.
22.4 Section 22.2 will not apply to Purchase Contracts to which the law of the Czech Republic applies. Instead, all disputes arising out of the Purchase Contract and/or in connection with it shall be finally decided with the Arbitration Court attach...
