Venue; Specific Performance Sample Clauses

Venue; Specific Performance. (a) Any claim, controversy, or dispute arising out of or relating to this Article 8 shall be brought in the courts in Denver, Colorado. Each party to this Agreement submits to the personal jurisdiction of, and venue in, any such court, and waives any objection to such jurisdiction or venue. As a material inducement for this Agreement, each party knowingly, voluntarily, irrevocably, and unconditionally waives, to the fullest extent permitted by applicable law, any right either may have to a trial by jury in any legal action, proceeding, cause of action, or counterclaim arising out of or relating to Article 8 of this Agreement. (b) Recognizing that irreparable damage will result to the Company in the event of the breach or threatened breach of any of the foregoing covenants and assurances by the Executive contained in this Article 8, and that the Company’s remedies at law for any such breach or threatened breach may be inadequate, the Company and its successors and assigns, in addition to such other remedies which may be available to them, shall, upon making a sufficient showing under applicable law, be entitled to an injunction to be issued by any court of competent jurisdiction ordering compliance with this Agreement or enjoining and restraining the Executive, and each and every person, firm or company acting in concert or participation with him, from the continuation of such breach. (c) The obligations of the Executive and rights of the Company pursuant to this Article 8 shall survive the termination of the Executive’s employment under this Agreement. The covenants and obligations of the Executive set forth in this Article 8 are in addition to and not in lieu of or exclusive of any other obligations and duties the Executive owes to the Company, whether expressed or implied in fact or law. The Company shall pay and be solely responsible for any attorney’s fees, expenses, costs and court costs incurred by the Executive in any matter or dispute between the Executive and the Company which pertains to this Article 8 if the Executive prevails in the contest in whole or in part.