Jurisdiction and Choice of Forum. The Executive and the Company irrevocably submit to the exclusive jurisdiction of any state or federal court located in Charleston, South Carolina over any Dispute that is not otherwise arbitrated or resolved according to Section 18(a). This includes any action or proceeding to compel arbitration or to enforce an arbitration award. Both the Executive and the Company (i) acknowledge that the forum stated in this Section 18(c) has a reasonable relation to this Agreement and to the relationship between the Executive and the Company and that the submission to the forum will apply even if the forum chooses to apply non-forum law, (ii) waive, to the extent permitted by law, any objection to personal jurisdiction or to the laying of venue of any action or proceeding covered by this Section 18(c) in the forum stated in this Section 18(c), (iii) agree not to commence any such action or proceeding in any forum other than the forum stated in this Section 18(c) and (iv) agree that, to the extent permitted by law, a final and non-appealable judgment in any such action or proceeding in any such court will be conclusive and binding on the Executive and the Company. However, nothing in this Agreement precludes the Executive or the Company from bringing any action or proceeding in any court for the purpose of enforcing the provisions of Section 18(a) and this Section 18(c).
Appears in 8 contracts
Samples: Severance Agreement (Force Protection Inc), Severance Agreement (Force Protection Inc), Severance Agreement (Force Protection Inc)
Jurisdiction and Choice of Forum. The Executive and the Company Bank irrevocably submit to the exclusive jurisdiction of any state or federal court located in Charleston, South North Carolina over any Dispute Employment Matter that is not otherwise arbitrated or resolved according to Section 18(a7(a). This includes any action or proceeding to compel arbitration or to enforce an arbitration award. Both the Executive and the Company Bank (i) acknowledge that the forum stated in this Section 18(c7(c) has a reasonable relation to this Agreement and to the relationship between the Executive and the Company Bank and that the submission to the forum will apply even if the forum chooses to apply non-forum law, (ii) waive, to the extent permitted by law, any objection to personal jurisdiction or to the laying of venue of any action or proceeding covered by this Section 18(c7(c) in the forum stated in this Section 18(c7(c), (iii) agree not to commence any such action or proceeding in any forum other than the forum stated in this Section 18(c7(c) and (iv) agree that, to the extent permitted by law, a final and non-appealable judgment in any such action or proceeding in any such court will be conclusive and binding on the Executive and the CompanyBank. However, nothing in this Agreement precludes the Executive or the Company Bank from bringing any action or proceeding in any court for the purpose of enforcing the provisions of Section 18(a7(a) and this Section 18(c7(c).
Appears in 3 contracts
Samples: Employment Agreement (Flag Financial Corp), Employment Agreement (Flag Financial Corp), Employment Agreement (Flag Financial Corp)
Jurisdiction and Choice of Forum. The Executive and the Company irrevocably submit to the exclusive jurisdiction of any state or federal court located in CharlestonChicago, South Carolina Illinois over any Dispute Employment Matter that is not otherwise arbitrated or resolved according to Section 18(a10(a). This includes any action or proceeding to compel arbitration or to enforce an arbitration award. Both the Executive and the Company (i) acknowledge that the forum stated in this Section 18(c10(c) has a reasonable relation to this Agreement and to the relationship between the Executive and the Company and that the submission to the forum will apply even if the forum chooses to apply non-forum law, (ii) waive, to the extent permitted by law, any objection to personal jurisdiction or to the laying of venue of any action or proceeding covered by this Section 18(c10(c) in the forum stated in this Section 18(c10(c), (iii) agree not to commence any such action or proceeding in any forum other than the forum stated in this Section 18(c10(c) and (iv) agree that, to the extent permitted by law, a final and non-appealable judgment in any such action or proceeding in any such court will be conclusive and binding on the Executive and the Company. However, nothing in this Agreement precludes the Executive or the Company from bringing any action or proceeding in any court for the purpose of enforcing the provisions of Section 18(aSections 10(a) and this Section 18(c10(c).
Appears in 2 contracts
Samples: Employment Agreement (Archipelago Holdings L L C), Employment Agreement (Archipelago Holdings L L C)
Jurisdiction and Choice of Forum. The Executive and the Company irrevocably submit to the exclusive jurisdiction of any state or federal court located in Charleston, South Carolina over any Dispute that is not otherwise arbitrated or resolved according to Section 18(a). ) This includes any action or proceeding to compel arbitration or to enforce an arbitration award. Both the Executive and the Company (i) acknowledge that the forum stated in this Section 18(c) ). has a reasonable relation to this Agreement and to the relationship between the Executive and the Company and that the submission to the forum will apply even if the forum chooses to apply non-forum law, (ii) waive, to the extent permitted by law, any objection to personal jurisdiction or to the laying of venue of any action or proceeding covered by this Section 18(c) in the forum stated in this Section 18(c), (iii) agree not to commence any such action or proceeding in any forum other than the forum stated in this Section 18(c) and (iv) agree that, to the extent permitted by law, a final and non-appealable judgment in any such action or proceeding in any such court will be conclusive and binding on the Executive and the Company. However, nothing in this Agreement precludes the Executive or the Company from bringing any action or proceeding in any court for the purpose of enforcing the provisions of Section 18(a) and this Section 18(c).
Appears in 2 contracts
Samples: Severance Agreement (Force Protection Inc), Severance Agreement (Force Protection Inc)
Jurisdiction and Choice of Forum. The Executive and the Company irrevocably submit to the exclusive jurisdiction of any state or federal court located in Charleston, South Carolina over any Dispute that is not otherwise arbitrated or resolved according to Section 18(a14(a). This includes any action or proceeding to compel arbitration or to enforce an arbitration award. Both the Executive and the Company (i) acknowledge that the forum stated in this Section 18(c14(c) has a reasonable relation to this Agreement and to the relationship between the Executive and the Company and that the submission to the forum will apply even if the forum chooses to apply non-forum law, (ii) waive, to the extent permitted by law, any objection to personal jurisdiction or to the laying of venue of any action or proceeding covered by this Section 18(c14(c) in the forum stated in this Section 18(c14(c), (iii) agree not to commence any such action or proceeding in any forum other than the forum stated in this Section 18(c14(c) and (iv) agree that, to the extent permitted by law, a final and non-appealable judgment in any such action or proceeding in any such court will be conclusive and binding on the Executive and the Company. However, nothing in this Agreement precludes the Executive or the Company from bringing any action or proceeding in any court for the purpose of enforcing the provisions of Section 18(a14(a) and this Section 18(c14(c).
Appears in 1 contract
Jurisdiction and Choice of Forum. The Executive and the Company irrevocably submit to the exclusive jurisdiction of any state or federal court located in Charleston, South Carolina the County of New York over any Dispute Employment Matter that is not otherwise arbitrated or resolved according to Section 18(a). This includes any action or proceeding to compel arbitration or to enforce an arbitration award. Both the Executive and the Company (i) acknowledge that the forum stated in this Section 18(c) has a reasonable relation to this Agreement and to the relationship between the Executive and the Company and that the submission to the forum will apply even if the forum chooses to apply non-forum law, (ii) waive, to the extent permitted by law, any objection to personal jurisdiction or to the laying of venue of any action or proceeding covered by this Section 18(c) in the forum stated in this Section 18(c), (iii) agree not to commence any such action or proceeding in any forum other than the forum stated in this Section 18(c) and (iv) agree that, to the extent permitted by law, a final and non-appealable judgment in any such action or proceeding in any such court will be conclusive and binding on the Executive and the Company. However, nothing in this Agreement precludes the Executive or the Company from bringing any action or proceeding in any court for the purpose of enforcing the provisions of Section 18(a) and this Section 18(c).
Appears in 1 contract
Samples: Separation Agreement and Release (Morgans Hotel Group Co.)