Bermuda Branch Clause Samples
Bermuda Branch. The arbitral award shall be in writing, shall state reasons for the award, and shall be final and binding on the parties. The award may include an award of costs, including reasonable attorneys’ fees and disbursements. Judgment on the award may be entered by any court having jurisdiction thereof or having jurisdiction over the parties or their assets. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this agreement, or the waiver by any party of any breach of this agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. This agreement contains the entire understanding and agreement of the parties hereto concerning the subject matter hereof, and supersedes all earlier negotiations and understandings, written or oral, between the parties hereto with respect thereto. This agreement may be amended or modified only by a written instrument signed by me and a duly authorized representative of the Company. This agreement will be severable, and the invalidity or unenforceability of any term or provision hereof will not affect the validity or enforceability of this agreement or of any other term or provision hereof. In the event you are an executive officer of the Company who meets the specifications under Rule 3b-7 under the U.S. Securities Exchange Act of 1934, as amended, you hereby acknowledge and agree that the LTI Payment is subject to the Company’s Recoupment Policy and the Company’s remedies under the Recoupment Policy include but are not limited to repayment of the LTI Payment. This agreement is not a contract of employment, and the terms of my employment or my relationship with the Company shall not be affected in any way by this agreement except as specifically provided herein. This agreement shall be construed under and be governed in all respects by the laws of the Bermuda, without regard to its conflicts of law principles.
Bermuda Branch. The place of arbitration shall be Bermuda and the language of the arbitration shall be English. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The costs of the arbitrator shall be borne by the Company and each party shall bear its own legal fees and expenses. The arbitral award shall be in writing, shall state reasons for the award, and shall be final and binding on the parties. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order or grant, including, without limitation the issuance of an injunction. However, either party may, without inconsistency with the arbitration provision, apply to any court having jurisdiction over such dispute or controversy and seek interim provisional, injunctive or other equitable relief until the arbitration award is rendered or the controversy is otherwise resolved. Except as necessary in court proceedings to enforce this arbitration provision or an award rendered hereunder, or to obtain interim relief, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of the Company and the Executive.