Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section 8 and/or Section 9, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or Section 9. (b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York County, New York. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 10 contracts
Sources: Employment Agreement (VerifyMe, Inc.), Employment Agreement (VerifyMe, Inc.), Employment Agreement (VerifyMe, Inc.)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section 8 and/or Section 9, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or Section 9.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York County, New York. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 9 contracts
Sources: Employment Agreement (Aspen Group, Inc.), Employment Agreement (Aspen Group, Inc.), Employment Agreement (Aspen Group, Inc.)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the BoardBoard of Directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 6, Section 97 or Section 8, the Company shall will be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b11(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or 6, Section 97, or Section 8. In such action, the Company will not be required to plead or prove irreparable harm or lack of an adequate remedy at law. Nothing contained in this Section 11 shall be construed to prevent the Company from seeking such other remedy as the Company may elect in any arbitration proceeding based on any breach of this Agreement by the Executive.
(b) Any proceeding or action arising from or under this Agreement for equitable relief must be commenced only in the appropriate state or federal court located in New York Broward County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts court and agree to take any and all future action necessary to submit to the jurisdiction of such courtscourt. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court for equitable relief and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 7 contracts
Sources: Employment Agreement (Imaging Diagnostic Systems Inc /Fl/), Employment Agreement (Imaging Diagnostic Systems Inc /Fl/), Employment Agreement (Imaging Diagnostic Systems Inc /Fl/)
Equitable Relief. (a) The Company and the Executive Employee recognize that the services to be rendered under this Agreement by the Executive Employee are special, unique and of extraordinary character, and that in the event of the breach by the Executive Employee of the terms and conditions of this Agreement or if the ExecutiveEmployee, without the prior express consent shall cease to be an employee of the Board, shall leave his or her employment Company for any reason and/or and take any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive Employee from breaching the provisions of Section 8 and/or 7 or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Miami-Dade County, New YorkFlorida. The Executive Employee and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive Employee and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive Employee or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive Employee or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 6 contracts
Sources: Employment Agreement (SFBC International Inc), Merger Agreement (SFBC International Inc), Employment Agreement (SFBC International Inc)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section 8 and/or Section 9, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or Section 9.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York County, New York. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 5 contracts
Sources: Employment Agreement (Aspen Group, Inc.), Employment Agreement (Aspen Group, Inc.), Employment Agreement (Sport Endurance, Inc.)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the BoardBoard of Directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive from breaching the provisions of Section 8 7 and/or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Palm Beach County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 5 contracts
Sources: Employment Agreement (Money4gold Holdings Inc), Employment Agreement (Options Media Group Holdings, Inc.), Employment Agreement (Options Media Group Holdings, Inc.)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the BoardBoard of Directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 6, Section 97 or Section 8, the Company shall will be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b11(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or 6, Section 97, or Section 8. In such action, the Company will not be required to plead or prove irreparable harm or lack of an adequate remedy at law. Nothing contained in this Section 11 shall be construed to prevent the Company from seeking such other remedy as the Company may elect in any arbitration proceeding based on any breach of this Agreement by the Executive.
(b) Any proceeding or action arising from or under this Agreement for equitable relief must be commenced only in the appropriate state or federal court located in New York Broward County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts court and agree to take any and all future action necessary to submit to the jurisdiction of such courtscourt. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court for equitable relief and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 4 contracts
Sources: Employment Agreement (Imaging Diagnostic Systems Inc /Fl/), Employment Agreement (Imaging Diagnostic Systems Inc /Fl/), Employment Agreement (Imaging Diagnostic Systems Inc /Fl/)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 10 or Section 911, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b12(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or 10 or Section 911. In such action, Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Los Angeles County, New YorkCalifornia. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 4 contracts
Sources: Employment Agreement (Kiwa Bio-Tech Products Group Corp), Employment Agreement (Kiwa Bio-Tech Products Group Corp), Employment Agreement (Kiwa Bio-Tech Products Group Corp)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive from breaching the provisions of Section 8 7 and/or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Palm Beach County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 4 contracts
Sources: Employment Agreement (GelTech Solutions, Inc.), Employment Agreement (GelTech Solutions, Inc.), Employment Agreement (GelTech Solutions, Inc.)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Restated Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Restated Agreement or if the Executive, without the prior express consent shall cease to be an employee of the Board, shall leave his or her employment Company for any reason and/or and take any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, below to enjoin the Executive from breaching the provisions of Section 8 and/or 7 or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement between the Company and Executive must be commenced only in the appropriate state or federal court located in New York ▇▇▇▇▇▇ County, New YorkJersey. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 4 contracts
Sources: Employment Agreement (PharmaNet Development Group Inc), Employment Agreement (PharmaNet Development Group Inc), Employment Agreement (PharmaNet Development Group Inc)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent shall cease to be an employee of the Board, shall leave his or her employment Company for any reason and/or and take any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, below to enjoin the Executive from breaching the provisions of Section 8 and/or 7 or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement between the Company and Executive must be commenced only in the appropriate state or federal court located in New York M▇▇▇▇▇ County, New YorkJersey. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 4 contracts
Sources: Employment Agreement (PharmaNet Development Group Inc), Employment Agreement (PharmaNet Development Group Inc), Employment Agreement (PharmaNet Development Group Inc)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive from breaching the provisions of Section 8 7 and/or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Miami-Dade County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 3 contracts
Sources: Employment Agreement (SFBC International Inc), Employment Agreement (SFBC International Inc), Employment Agreement (SFBC International Inc)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section 8 and/or Section 9, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or Section 9.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York CountyPhoenix, New YorkArizona. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 3 contracts
Sources: Employment Agreement (Aspen Group, Inc.), Employment Agreement (Aspen Group, Inc.), Employment Agreement (Aspen Group, Inc.)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 7 or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or 7 or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Los Angeles County, New YorkCalifornia. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 3 contracts
Sources: Employment Agreement (UC Hub Group Inc), Employment Agreement (UC Hub Group Inc), Employment Agreement (UC Hub Group Inc)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or and take any action in violation of Section Sections 7, 8 and/or Section 9and 11, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive from breaching the provisions of Section Sections 7, 8 and/or Section 9and 11. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Palm Beach County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 3 contracts
Sources: Employment Agreement (Options Media Group Holdings, Inc.), Employment Agreement (Options Media Group Holdings, Inc.), Employment Agreement (Options Media Group Holdings, Inc.)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive from breaching the provisions of Section 8 7 and/or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Palm Beach County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 3 contracts
Sources: Employment Agreement (GelTech Solutions, Inc.), Employment Agreement (GelTech Solutions, Inc.), Employment Agreement (GelTech Solutions, Inc.)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the BoardBoard of Directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 6 and/or Section 97, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b8(b) below, to enjoin the Executive from breaching the provisions of Section 8 6 and/or Section 97. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Pinellas County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 3 contracts
Sources: Employment Agreement (As Seen on TV, Inc.), Employment Agreement (As Seen on TV, Inc.), Employment Agreement (As Seen on TV, Inc.)
Equitable Relief. (a) The Company Companies and the Executive recognize Officer confirm that the services restrictions contained in Section 11, 12 and 13 are, in view of the nature of the business of the Companies, reasonable and necessary to be rendered under this Agreement by protect the Executive are special, unique and legitimate interests of extraordinary characterthe Companies, and that any violation of any provision of those Sections will result in irreparable injury to the Companies. The Officer hereby agrees that, in the event of the any breach by the Executive or threatened breach of the terms and or conditions of this the Agreement or if by the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section 8 and/or Section 9Officer, the Company Companies’ remedies at law will be inadequate and, in any such event, any of them shall be entitled to institute commence an action for preliminary and prosecute proceedings permanent injunctive relief and other equitable relief in any court of competent jurisdiction, notwithstanding any provision hereof relating to arbitration. The Officer further irrevocably consents to the jurisdiction referred to in Section 10(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or Section 9.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate any state or federal court located in the State of New York CountyJersey over any suit, New York. The Executive action or proceeding arising out of or relating to this Section and the Company irrevocably and unconditionally submit hereby waives, to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive fullest extent permitted by law, any objection that they he may now have or hereafter may have to such jurisdiction or to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in such a court and any claim that such court suit, action or proceeding has been brought in an inconvenient forum. Final judgment against The Officer agrees that effective service of process may be made upon him by mail under the Executive or the Company notice provisions contained in any such suit Section 16. No party hereto shall be conclusive and may be enforced in other jurisdictions by suit on required to post a bond prior to the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount commencement of any liability of the Executive suit, action or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwiseproceeding relating to this Section.
Appears in 3 contracts
Sources: Officer Employment Agreement (South Jersey Industries Inc), Officer Employment Agreement (South Jersey Industries Inc), Officer Employment Agreement (South Jersey Industries Inc)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 7 or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or 7 or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Miami-Dade County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 3 contracts
Sources: Employment Agreement (SFBC International Inc), Employment Agreement (SFBC International Inc), Employment Agreement (SFBC International Inc)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 6 or Section 97, the Company shall will be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b8(b) below, to enjoin the Executive from breaching the provisions of Section 6 or Section 7. In such action, the Company will not be required to plead or prove irreparable harm or lack of an adequate remedy at law. Nothing contained in this Section 8 and/or Section 9shall be construed to prevent the Company from seeking such other remedy in arbitration in case of any breach of this Agreement by the Executive, as the Company may elect.
(b) Any proceeding or action arising from or under this Agreement must be commenced only in the appropriate federal courts, or in the absence of federal jurisdiction in state or federal court located court, in New York County, New Yorkeither case in Florida where the Company maintains its principal offices. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of or which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 3 contracts
Sources: Employment Agreement (Imaging Diagnostic Systems Inc /Fl/), Employment Agreement (Quest Net Corp /Fl), Employment Agreement (Quest Net Corp /Fl)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section 8 and/or Section 9, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or Section 9.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Broward County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 3 contracts
Sources: Employment Agreement (Healthier Choices Management Corp.), Employment Agreement (Vapor Corp.), Employment Agreement (Vapor Corp.)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent shall cease to be an employee of the Board, shall leave his or her employment Company for any reason and/or and take any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, below to enjoin the Executive from breaching the provisions of Section 8 and/or 7 or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York ▇▇▇▇▇▇ County, New YorkJersey. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 2 contracts
Sources: Employment Agreement (SFBC International Inc), Employment Agreement (SFBC International Inc)
Equitable Relief. (a) The Company and the Executive Employee recognize that the services to be rendered under this Agreement by the Executive Employee are special, unique and of extraordinary character, and that in the event of the breach by the Executive Employee of the terms and conditions of this Agreement or if the ExecutiveEmployee, without the prior express consent shall cease to be an employee of the Board, shall leave his or her employment Company for any reason and/or and take any action in violation of Section 8 9 and/or Section 910, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b11(b) below, to enjoin the Executive Employee from breaching the provisions of Section 8 and/or 9 or Section 910. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York County, New York. The Executive and the Company Employee irrevocably and unconditionally submit submits to the exclusive jurisdiction of such the courts of the Province of Quebec and agree agrees to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive Company irrevocably and unconditionally submits to the jurisdiction of those same courts. The Employee and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive Employee or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive Employee or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 2 contracts
Sources: Employment Agreement (SFBC International Inc), Employment Agreement (SFBC International Inc)
Equitable Relief. (a) The Company and the Executive Consultant recognize that the services to be rendered under this Agreement by the Executive Consultant are special, unique and of extraordinary character, and that in the event of the breach by the Executive Consultant of the terms and conditions of this Agreement or if the ExecutiveConsultant, without the prior express consent of the Board, shall leave his or her employment terminate this Agreement for any reason and/or take any action in violation of Section 8 and/or Section 9, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b) below, to enjoin the Executive Consultant from breaching the provisions of Section 8 and/or Section 9.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state court located in ▇▇▇▇▇▇▇▇▇▇ County, PA or federal court located in New York CountyPhiladelphia, New YorkPA. The Executive Consultant and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive Consultant and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive Consultant or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive Consultant or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 2 contracts
Sources: Consulting Agreement (VerifyMe, Inc.), Consulting Agreement (VerifyMe, Inc.)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section 8 and/or Section 9, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or Section 9.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Clark County, New YorkNevada. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 2 contracts
Sources: Employment Agreement (White River Energy Corp.), Employment Agreement (White River Energy Corp.)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique unique, and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section 8 and/or Section 9, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or Section 9.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York County, New York. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action action, or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action action, or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 2 contracts
Sources: Executive Employment Agreement (Recruiter.com Group, Inc.), Employment Agreement (Truli Media Group, Inc.)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the BoardManager of We Sell, shall leave his or her employment for any reason and/or take takes any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive from breaching the provisions of Section 8 7 and/or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must only be commenced only in the appropriate state or federal court courts located in New York County, New York. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 2 contracts
Sources: Employment Agreement (usell.com, Inc.), Employment Agreement (usell.com, Inc.)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 7 or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or 7 or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Miami-Dade County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 2 contracts
Sources: Employment Agreement (SFBC International Inc), Employment Agreement (SFBC International Inc)
Equitable Relief. (a) The Company Companies and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, Executive shall leave his or her employment for any reason and/or take any action in violation of Section 8 1 and/or Section 92, any of the Company Companies shall be entitled to, in addition to institute any other remedy which may be available at law or in equity, specific performance and prosecute proceedings injunctive relief without posting a bond or proving actual damages, in order to prevent any court of competent jurisdiction referred to in Section 10(b) belowactual, to enjoin the Executive from breaching the provisions of Section 8 and/or Section 9intended or likely breach.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York County, New York. The Executive and the Company irrevocably and unconditionally submit submits to the exclusive jurisdiction of such courts and agree agrees to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive waives any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 2 contracts
Sources: Non Competition and Confidentiality Agreement (usell.com, Inc.), Non Competition and Confidentiality Agreement (usell.com, Inc.)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent shall cease to be an employee of the Board, shall leave his or her employment Company for any reason and/or and take any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or 7 or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Miami-Dade County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 2 contracts
Sources: Employment Agreement (SFBC International Inc), Employment Agreement (SFBC International Inc)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive from breaching the provisions of Section 8 7 and/or Section 98. Company and Executive hereby agree that this Section shall only be applicable to actions instituted requesting equitable or declaratory relief. Company and Executive agree that no action for money damages, regardless of the nature of the claim being contractual or in tort, may be maintained in State or Federal Courts, and the only venue for such actions requesting money damages is arbitration.
(b) Any action arising from permitted to be filed in the State or under this Agreement Federal Courts pursuant to Section 9(a) must be commenced only in the appropriate state or federal court located in New York Placer County, New YorkCalifornia. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 2 contracts
Sources: Employment Agreement (Innerscope Advertising Agency, Inc.), Employment Agreement (Innerscope Advertising Agency, Inc.)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section 8 and/or Section 9, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or Section 9.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York County, New York. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 2 contracts
Sources: Employment Agreement (Aspen Group, Inc.), Employment Agreement (Aspen Group, Inc.)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 7 or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or 7 or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Volusia County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in 1-800-ATTORNEY, INC. FORM 10-QSB - SEPTEMBER 30, 2001 any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 6 or Section 97, the Company shall will be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b8(b) below, to enjoin the Executive from breaching the provisions of Section 6 or Section 7. In such action, the Company will not be required to plead or prove irreparable harm or lack of an adequate remedy at law. Nothing contained in this Section 8 and/or Section 9shall be construed to prevent the Company from seeking such other remedy in arbitration in case of any breach of this Agreement by the Executive, as the Company may elect.
(b) Any proceeding or action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Palm Beach County, New YorkFlorida where the Company maintains its principal offices. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Sources: Employment Agreement (Intime Systems International Inc)
Equitable Relief. (a) a. The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section 8 and/or Section 9, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or Section 9.
(b) b. Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York CountyPhoenix, New YorkArizona. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent shall cease to be an employee of the Board, shall leave his or her employment Company for any reason and/or and take any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to, in addition to all other legal, equitable, and other remedies, may institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive from breaching the provisions of Section 8 7 and/or Section 98. In such action or proceeding, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post any bond or security.
(b) Any action arising from In the event of any litigation or under other proceeding relating to, or in connection with, this Agreement must be commenced only Agreement, including, but not limited to the equitable relief provided in Section 9(a) above, the appropriate state or federal court located in New York County, New York. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction and venue of such courts Broward County, Florida, and agree to take any and all future action necessary to submit to the jurisdiction and venue of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the jurisdiction and the laying of venue of any suit, action or proceeding brought in any such court court, and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 6 or Section 97, the Company shall will be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b8(b) below, to enjoin the Executive from breaching the provisions of Section 6 or Section 7. In such action, the Company will not be required to plead or prove irreparable harm or lack of an adequate remedy at law. Nothing contained in this Section 8 and/or Section 9shall be construed to prevent the Company from seeking such other remedy in arbitration in case of any breach of this Agreement by the Executive, as the Company may elect.
(b) Any proceeding or action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Seattle, King County, New YorkWashington, where the Company maintains its principal offices. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.court
Appears in 1 contract
Sources: Employment Agreement (Aris Corp/)
Equitable Relief. (a) The Company and the Executive K▇▇▇▇▇▇ recognize that the services to be rendered under this Agreement by the Executive K▇▇▇▇▇▇ are special, unique and of extraordinary character, and that in the event of the breach by the Executive K▇▇▇▇▇▇ of the terms Terms and conditions of this Agreement or if the ExecutiveK▇▇▇▇▇▇, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or take any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive K▇▇▇▇▇▇ from breaching the provisions of Section 8 7 and/or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Miami-Dade County, New YorkFlorida. The Executive K▇▇▇▇▇▇ and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive K▇▇▇▇▇▇ and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive K▇▇▇▇▇▇ or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive K▇▇▇▇▇▇ or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Sources: Severance and Consulting Agreement (SFBC International Inc)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive from breaching the provisions of Section 8 7 and/or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Miami-Dade County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 6 or Section 97, the Company shall will be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b8(b) below, to enjoin the Executive from breaching the provisions of Section 6 or Section 7. In such action, the Company will not be required to plead or prove irreparable harm or lack of an adequate remedy at law. Nothing contained in this Section 8 and/or Section 9shall be construed to prevent the Company from seeking such other remedy in arbitration in case of any breach of this Agreement by the Executive, as the Company may elect.
(b) Any proceeding or action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Collier County, New YorkFlorida. The Executive and the Company irrevocably irrev▇▇▇▇▇▇ and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive from breaching the provisions of Section 8 7 and/or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Martin County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally an▇ ▇▇▇▇nditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive H▇▇▇▇▇▇ recognize that the services to be rendered obligations under this Agreement by the Executive H▇▇▇▇▇▇ are special, unique and of extraordinary character, and that in the event of the breach by the Executive H▇▇▇▇▇▇ of the terms Terms and conditions of this Agreement or if the ExecutiveH▇▇▇▇▇▇, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or take any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive H▇▇▇▇▇▇ from breaching the provisions of Section 8 7 and/or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Miami-Dade County, New YorkFlorida. The Executive H▇▇▇▇▇▇ and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive H▇▇▇▇▇▇ and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive H▇▇▇▇▇▇ or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive H▇▇▇▇▇▇ or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his employment without Good Reason or her employment be terminated by the Company for any reason and/or Cause and take any action in violation of Section 8 and/or 7 or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or 7 or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Miami-Dade County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive ________________ recognize that the services to be rendered under this Agreement by the Executive ________________ are special, unique and of extraordinary character, and that in the event of the breach by the Executive ________________ of the terms and conditions of this Agreement or if the Executive________________, without the prior express consent of the BoardPresident or Board of Directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 6, Section 7, Section 8, or Section 9, the Company shall will be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b12(b) below, to enjoin the Executive ________________ from breaching the provisions of Section 8 and/or 6 or Section 9.
(b) Any action arising 7, or Section 8. In such action, the Company will not be required to plead or prove irreparable harm or lack of an adequate remedy at law. Nothing contained in this Section 12 shall be construed to prevent the Company from or under seeking such other remedy in arbitration in case of any breach of this Agreement by ________________, as the Company may elect. . Any proceeding or action must be commenced only in state court in Nevada, the appropriate Company’s state or federal court located in New York County, New Yorkof domicile. The Executive ________________ and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts court and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive ________________ and the Company irrevocably waive any objection that they now have or hereafter or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive ________________ or the Company in any such suit shall be conclusive conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of or which shall be conclusive evidence of the fact and the amount of any liability of the Executive ________________ or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent shall cease to be an employee of the Board, shall leave his or her employment Company for any reason and/or and take any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred refereed to in Section 10(b9(b) below, below to enjoin the Executive from breaching the provisions provision of Section 8 and/or 7 or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York ▇▇▇▇▇▇ County, New YorkJersey. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in is any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Sources: Employment Agreement (PharmaNet Development Group Inc)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 6 or Section 97, the Company shall will be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b8(b) below, to enjoin the Executive from breaching the provisions of Section 6 or Section 7. In such action, the Company will not be required to plead or prove irreparable harm or lack of an adequate remedy at law. Nothing contained in this Section 8 and/or Section 9shall be construed to prevent the Company from seeking such other remedy in arbitration in case of any breach of this Agreement by the Executive, as the Company may elect.
(b) Any proceeding or action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Collier County, New YorkFlorida. The Executive and the Company irrevocably Comp▇▇▇ ▇▇▇evocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future further action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section 8 and/or Section 9, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or Section 9.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York County, New York. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the BoardBoard and AMSE, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 6 or Section 97, the Company and AMSE shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b8(b) below, to enjoin the Executive from breaching the provisions of section 6 or Section 7. In such action, the Company and AMSE shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law. Nothing contained in this Section 8 and/or Section 9shall be construed to prevent the Company and AMSE from seeking such other remedy in arbitration in case of any breach of this Agreement by the Executive, as the Company and AMSE may elect.
(b) Any proceeding or action arising from or under this Agreement must be commenced only in Miami, Florida where the appropriate state or federal court located in New York County, New YorkCompany maintains its executive offices. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Sources: Employment Agreement (Americas Senior Financial Services Inc)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall (i) leave his or her employment for any reason and/or reason; and (ii) take any action in violation of Section 8 and/or 6 or Section 97, the Company shall will be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b8(b) below, to enjoin the Executive from breaching the provisions of Section 6 or Section 7. Nothing contained in this Section 8 and/or Section 9shall be construed to prevent the Company from seeking such other remedy in arbitration in case of any breach of this Agreement by the Executive, as the Company may elect.
(b) Any proceeding or action arising from or under this Agreement must be commenced only in federal court in Broward or Dade County, Florida, or in the appropriate absence of federal jurisdiction in state or federal court located in New York County, New YorkBroward County Florida. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of or which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section 8 and/or Section 9, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or Section 9.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York ▇▇▇▇▇ County, New YorkNevada. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique unique, and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement Sections 7 or if the Executive8 above, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section Sections 7 or 8 and/or Section 9above, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b19(b) below, to enjoin the Executive from breaching the provisions of Section 8 Sections 7 and/or Section 98.
(b) Any action arising from or under this Agreement Equitable Action must be commenced only in the appropriate state or federal court located in New York CountyLos Angeles, New YorkCalifornia. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action action, or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action action, or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.. Executive Employment Agreement for C▇▇▇ ▇▇▇▇▇▇
Appears in 1 contract
Sources: Executive Employment Agreement (Recruiter.com Group, Inc.)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section 8 and/or Section 9, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or Section 9.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York CountyYork, New York. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 6 or Section 97, the Company shall will be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b8(b) below, to enjoin the Executive from breaching the provisions of Section 6 or Section 7. In such action, the Company will not be required to plead or prove irreparable harm or lack of an adequate remedy at law. Nothing contained in this Section 8 and/or Section 9shall be construed to prevent the Company from seeking such other remedy in arbitration in case of any breach of this Agreement by the Executive, as the Company may elect.
(b) Any proceeding or action arising from or under this Agreement must be commenced only in the appropriate federal courts, or in the absence of federal jurisdiction in state or federal court located court, in New York County, New Yorkeither case in Florida where the Company maintains its principal offices. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of or which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 6 or Section 97, the Company shall will be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b8(b) below, to enjoin the Executive from breaching the provisions of Section 6 or Section 7. In such action, the Company will not be required to plead or prove irreparable harm or lack of an adequate remedy at law. Nothing contained in this Section 8 and/or Section 9shall be construed to prevent the Company from seeking such other remedy in arbitration in case of any breach of this Agreement by the Executive, as the Company may elect.
(b) Any proceeding or action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Collier County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or his/her employment for any reason and/or and take any action in violation of Section 8 and/or 6 or Section 97, the Company shall will be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b8(b) below, to enjoin the Executive from breaching the provisions of Section 6 or Section 7. In such action, the Company will not be required to plead or prove irreparable harm or lack of an adequate remedy at law. Nothing contained in this Section 8 and/or Section 9shall be construed to prevent the Company from seeking such other remedy in arbitration in case of any breach of this Agreement by the Executive, as the Company may elect.
(b) Any proceeding or action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Collier County, New YorkFlorida. The Executive and the Company irrevocably Comp▇▇▇ ▇▇▇evocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future further action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the BoardBoard and AMSE, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 6 or Section 97, the Company and AMSE shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b8(b) below, to enjoin the Executive from breaching the provisions of Section 6 or Section 7. In such action, the Company and AMSE shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law. Nothing contained in this Section 8 and/or Section 9shall be construed to prevent the Company and AMSE from seeking such other remedy in arbitration in case of any breach of this Agreement by the Executive, as the Company and AMSE may elect.
(b) Any proceeding or action arising from or under this Agreement must be commenced only in Miami, Florida where the appropriate state or federal court located in New York County, New YorkCompany maintains its executive offices. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Sources: Employment Agreement (Americas Senior Financial Services Inc)
Equitable Relief. (a) The Company and the Executive Employee recognize that the services to be rendered under this Agreement by the Executive Employee are special, unique and of extraordinary character, and that in the event of the breach by the Executive Employee of the terms and conditions of this Agreement or if the ExecutiveEmployee, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section 8 9 and/or Section 910, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b11(b) below, to enjoin the Executive Employee from breaching the provisions of Section 8 9 and/or Section 910.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Clark County, New YorkNevada. The Executive Employee and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive Employee and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive Employee or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive Employee or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive ▇▇▇▇▇▇▇▇▇▇▇ recognize that the services to be rendered under this Agreement by the Executive ▇▇▇▇▇▇▇▇▇▇▇ are special, unique and of extraordinary character, and that in the event of the breach by the Executive ▇▇▇▇▇▇▇▇▇▇▇ of the terms and conditions of this Agreement or if the Executive▇▇▇▇▇▇▇▇▇▇▇, without the prior express consent of the BoardPresident or Board of Directors of the Company, shall leave his or his/her employment for any reason and/or and take any action in violation of Section 8 and/or 6, Section 7, Section 8, or Section 9, the Company shall will be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b12(b) below, to enjoin the Executive ▇▇▇▇▇▇▇▇▇▇▇ from breaching the provisions of Section 8 and/or 6 or Section 9.
(b) Any action arising 7, or Section 8. In such action, the Company will not be required to plead or prove irreparable harm or lack of an adequate remedy at law. Nothing contained in this Section 12 shall be construed to prevent the Company from or under seeking such other remedy in arbitration in case of any breach of this Agreement by ▇▇▇▇▇▇▇▇▇▇▇, as the Company may elect. . Any proceeding or action must be commenced only in state court in Nevada, the appropriate Company’s state or federal court located in New York County, New Yorkof domicile. The Executive ▇▇▇▇▇▇▇▇▇▇▇ and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts court and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive ▇▇▇▇▇▇▇▇▇▇▇ and the Company irrevocably waive any objection that they now have or hereafter or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive ▇▇▇▇▇▇▇▇▇▇▇ or the Company in any such suit shall be conclusive conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of or which shall be conclusive evidence of the fact and the amount of any liability of the Executive ▇▇▇▇▇▇▇▇▇▇▇ or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Sources: Employment Agreement (Emergency Filtration Products Inc/ Nv)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 6 or Section 97, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b8(b) below, to enjoin the Executive from breaching the provisions of Section 6 or Section 7. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law. Nothing contained in this Section 8 and/or Section 9shall be construed to prevent the Company from seeking such other remedy in arbitration in case of any breach of this Agreement by the Executive, as the Company may elect.
(b) Any proceeding or action arising from or under this Agreement must be commenced only in Florida where the appropriate state or federal court located in New York County, New YorkCompany maintains its principal offices. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Sources: Employment Agreement (Intime Systems International Inc)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent shall cease to be an employee of the Board, shall leave his or her employment Company for any reason and/or and take any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, below to enjoin the Executive from breaching the provisions of Section 8 and/or 7 or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement between the Company and Executive must be commenced only in the appropriate state or federal court located in New York ▇▇▇▇▇▇ County, New YorkJersey. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Sources: Employment Agreement (PharmaNet Development Group Inc)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 6 or Section 97, the Company shall will be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b8(b) below, to enjoin the Executive from breaching the provisions of Section 6 or Section 7. In such action, the Company will not be required to plead or prove irreparable harm or lack of an adequate remedy at law. Nothing contained in this Section 8 and/or Section 9shall be construed to prevent the Company from seeking such other remedy in arbitration in case of any breach of this Agreement by the Executive, as the Company may elect.
(b) Any proceeding or action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York County, New YorkPennsylvania. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Sources: Employment Agreement (U Link Inc)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, Board shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 6 or Section 97, the Company shall will be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b8(b) below, to enjoin the Executive from breaching the provisions of Section 6 or Section 7. In such action, the Company will not be required to plead or prove irreparable harm or lack of an adequate remedy at law. Nothing contained in this Section 8 and/or Section 9shall be construed to prevent the Company from seeking such other remedy in arbitration in case of any breach of this Agreement by the Executive, as the Company may elect.
(b) Any proceeding or action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Volusia County, New YorkFlorida where the Company maintains its principal offices. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty law or otherwise.
Appears in 1 contract
Sources: Employment Agreement (Publishing Co of North America Inc)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section 8 and/or Section 9, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or Section 9.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York CountyPhoenix, New YorkArizona. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) ). The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique unique, and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section 8 and/or Section 9, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or Section 9.
(b) ). Any action arising from or brought under this Agreement Section 10 must be commenced only in the appropriate state or federal court located in New York County, New York. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action action, or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action action, or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Sources: Executive Employment Agreement (Recruiter.com Group, Inc.)
Equitable Relief. (a) The Company and the Executive Consultant recognize that the services to be rendered under this Agreement by the Executive Consultant are special, unique and of extraordinary character, and that in the event of the breach by the Executive Consultant of the terms and conditions of this Agreement or if the ExecutiveConsultant, without the prior express consent of the Board, shall leave his or her employment terminate this Agreement for any reason and/or take any action in violation of Section 8 6 and/or Section 97, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b8(b) below, to enjoin the Executive Consultant from breaching the provisions of Section 8 6 and/or Section 97.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York County, NY or federal court in New YorkYork County, NY. The Executive Consultant and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive Consultant and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive Consultant or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive Consultant or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 7 or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or 7 or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Volusia County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.. 1-800-ATTORNEY, INC. FORM 10-QSB - SEPTEMBER 30, 2001
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section 8 and/or Section 9, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or Section 9.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York CountyYork, New York. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive Service Provider recognize that the services to be rendered under this Agreement by the Executive Service Provider are special, unique and of extraordinary character, and that in the event of the breach by the Executive Service Provider of the terms and conditions of this Agreement or if the ExecutiveService Provider, without the prior express consent of the BoardBoard of Directors of the Company, shall leave terminate his or her employment engagement for any reason and/or and take any action in violation of Section 8 6 and/or Section 97, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b8(b) below, to enjoin the Executive Service Provider from breaching the provisions of Section 8 6 and/or Section 97. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Pinellas County, New YorkFlorida. The Executive Service Provider and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive Service Provider and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive Service Provider or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive Service Provider or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Boardboard of directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, to enjoin the Executive from breaching the provisions of Section 8 7 and/or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York Martin County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally ▇▇▇▇▇ditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Sources: Employment Agreement (Quipp Inc)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the Board, shall leave his or her employment for any reason and/or take any action in violation of Section 8 and/or Section 9, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or Section 9.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York ▇▇▇▇▇ County, New YorkTexas. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Sources: Employment Agreement (Enviro Technologies U.S., Inc.)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Restated Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Restated Agreement or if the Executive, without the prior express consent shall cease to be an employee of the Board, shall leave his or her employment Company for any reason and/or and take any action in violation of Section 8 7 and/or Section 98, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b9(b) below, below to enjoin the Executive from breaching the provisions of Section 8 and/or 7 or Section 98. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
(b) Any action arising from or under this Agreement must be commenced only in the appropriate state or federal court located in New York ▇▇▇▇▇▇ County, New YorkJersey. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. The Executive and the Company irrevocably waive any objection that they now have or hereafter irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Sources: Employment Agreement (PharmaNet Development Group Inc)
Equitable Relief. (a) The Company and the Executive recognize that the services to be rendered under this Agreement by the Executive are special, unique and of extraordinary character, and that in the event of the breach by the Executive of the terms and conditions of this Agreement or if the Executive, without the prior express consent of the BoardBoard of Directors of the Company, shall leave his or her employment for any reason and/or and take any action in violation of Section 8 and/or 6, Section 97 or Section 8, the Company shall will be entitled to institute and prosecute proceedings in any court of competent jurisdiction referred to in Section 10(b11(b) below, to enjoin the Executive from breaching the provisions of Section 8 and/or 6, Section 9.
(b) Any action arising 7, or Section 8. In such action, the Company will not be required to plead or prove irreparable harm or lack of an adequate remedy at law. Nothing contained in this Section 11 shall be construed to prevent the Company from or under seeking such other remedy as the Company may elect in any arbitration proceeding based on any breach of this Agreement by the Executive. Any proceeding or action for equitable relief must be commenced only in the appropriate state or federal court located in New York Broward County, New YorkFlorida. The Executive and the Company irrevocably and unconditionally submit to the exclusive jurisdiction of such courts court and agree to take any and all future action necessary to submit to the jurisdiction of such courtscourt. The Executive and the Company irrevocably waive any objection that they now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court for equitable relief and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against the Executive or the Company in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of the Executive or the Company therein described, or by appropriate proceedings under any applicable treaty or otherwise.
Appears in 1 contract
Sources: Employment Agreement (Imaging Diagnostic Systems Inc /Fl/)