Common use of GOVERNING LAW & ENFORCEMENT Clause in Contracts

GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, Xinxiangshihongqiquachiruimaoyiyouxiangongsi (“Xinxiang”) stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and Xinxiang reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than Xinxiang. Nothing in this Settlement Agreement shall be interpreted to relieve Xinxiang from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then Xinxiang shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.

Appears in 1 contract

Samples: S Ettlement Agreement

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GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, Xinxiangshihongqiquachiruimaoyiyouxiangongsi Glarks (“XinxiangGlarks”) stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and Xinxiang Glarks reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than XinxiangGlarks. Nothing in this Settlement Agreement shall be interpreted to relieve Xinxiang Glarks from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then Xinxiang Glarks shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.

Appears in 1 contract

Samples: Settlement Agreement

GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, Xinxiangshihongqiquachiruimaoyiyouxiangongsi (“Xinxiang”) JORCC stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and Xinxiang JORCC reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than XinxiangJORCC. Nothing in this Settlement Agreement shall be interpreted to relieve Xinxiang JORCC from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then Xinxiang JORCC shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.

Appears in 1 contract

Samples: Settlement Agreement

GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, Xinxiangshihongqiquachiruimaoyiyouxiangongsi Chillax-US (“XinxiangChillax-US”) stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and Xinxiang Chillax-US reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than XinxiangChillax-US. Nothing in this Settlement Agreement shall be interpreted to relieve Xinxiang Chillax-US from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then Xinxiang Chillax-US shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.

Appears in 1 contract

Samples: Settlement Agreement

GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, Xinxiangshihongqiquachiruimaoyiyouxiangongsi Henan xinkangde trading company (“XinxiangXinkangde”) stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and Xinxiang Xinkangde reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than XinxiangXinkangde. Nothing in this Settlement Agreement shall be interpreted to relieve Xinxiang Xinkangde from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then Xinxiang Xinkangde shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.

Appears in 1 contract

Samples: Settlement Agreement

GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, Xinxiangshihongqiquachiruimaoyiyouxiangongsi Xxxx Xxxx Xxx Xxxx Xxx Xxxx You Xxxx Xxxx Xx (“XinxiangBecooller”) stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and Xinxiang Becooller reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than XinxiangBecooller. Nothing in this Settlement Agreement shall be interpreted to relieve Xinxiang Becooller from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then Xinxiang Becooller shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is Products are so affected.

Appears in 1 contract

Samples: S Ettlement Agreement

GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, Xinxiangshihongqiquachiruimaoyiyouxiangongsi (“Xinxiang”) stipulates that the Superior Court Changzhou Yiernuo Trading Co., Ltd. CYT urt of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and Xinxiang CYT reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than XinxiangCYT. Nothing in this Settlement Agreement shall be interpreted to relieve Xinxiang CYT from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then Xinxiang CYT shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.

Appears in 1 contract

Samples: S Ettlement Agreement

GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, Xinxiangshihongqiquachiruimaoyiyouxiangongsi (“Xinxiang”) Xxxxx Xxxx stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and Xinxiang Wuhan Shan reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than XinxiangWuhan Shan. Nothing in this Settlement Agreement shall be interpreted to relieve Xinxiang Wuhan Shan from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then Xinxiang Wuhan Shan shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is Products are so affected.

Appears in 1 contract

Samples: Settlement Agreement

GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, Xinxiangshihongqiquachiruimaoyiyouxiangongsi Shenzhen Plus Innovations Electronics Co. Ltd. (“XinxiangShenzhen”) stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and Xinxiang Shenzhen reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than Xinxiang. Shenzhen Plus Innovations Electronics Co. Ltd. Nothing in this Settlement Agreement shall be interpreted to relieve Xinxiang Shenzhen from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then Xinxiang Shenzhen shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.

Appears in 1 contract

Samples: Settlement Agreement

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GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, Xinxiangshihongqiquachiruimaoyiyouxiangongsi Swpeet (“XinxiangSwpeet”) stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and Xinxiang Swpeet reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than XinxiangSwpeet. Nothing in this Settlement Agreement shall be interpreted to relieve Xinxiang Swpeet from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then Xinxiang Swpeet shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.

Appears in 1 contract

Samples: Settlement Agreement

GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, Xinxiangshihongqiquachiruimaoyiyouxiangongsi (“Xinxiang”) SFTZ stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and Xinxiang SFTZ reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than XinxiangSFTZ. Nothing in this Settlement Agreement shall be interpreted to relieve Xinxiang SFTZ from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then Xinxiang SFTZ shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.

Appears in 1 contract

Samples: Settlement Agreement

GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, Xinxiangshihongqiquachiruimaoyiyouxiangongsi Fang Li (“XinxiangFang Li”) stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and Xinxiang Fang Li reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than XinxiangFang Li. Nothing in this Settlement Agreement shall be interpreted to relieve Xinxiang Fang Li from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then Xinxiang Fang Li shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.

Appears in 1 contract

Samples: Settlement Agreement

GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, Xinxiangshihongqiquachiruimaoyiyouxiangongsi Henan Tianyege Company (“XinxiangOriginal-D”) stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and Xinxiang Original-D reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than Xinxiang. Original-D. Nothing in this Settlement Agreement shall be interpreted to relieve Xinxiang Original-D from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then Xinxiang Original-D shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.

Appears in 1 contract

Samples: S Ettlement Agreement

GOVERNING LAW & ENFORCEMENT. The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, Xinxiangshihongqiquachiruimaoyiyouxiangongsi (“Xinxiang”) Scotank stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. The Parties agree that this Settlement Agreement shall not be construed as a consent to personal jurisdiction or venue in any other context; nor to waive, abridge or otherwise affect any challenge to jurisdiction or venue in any other context; and Xinxiang Scotank reserves all defenses to jurisdiction and venue in all contexts other than an action to enforce the terms of this Settlement Agreement brought without joinder of other claims. The Parties further agree that this Settlement Agreement shall not be construed to waive, abridge or otherwise affect, in any way, the jurisdictional, venue or other defenses of any entity other than XinxiangScotank. Nothing in this Settlement Agreement shall be interpreted to relieve Xinxiang Scotank from any obligation to comply with any pertinent state or federal toxics control law. In addition to the limited judicial enforcement procedure set forth above, any dispute arising out of this Settlement Agreement, including the formation, interpretation, breach or termination thereof, may, at the election of the Party seeking to enforce the terms contained therein, be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. In such a case, the tribunal will consist of a sole arbitrator. The place of arbitration will be in either San Francisco, New York, or Hong Kong, at the discretion of the Party alleging a breach or otherwise seeking to enforce the agreement. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof, including those in Hong Kong, or the United States. Any award rendered against the Settling Entity may be executed by attachment to the Settling Entity’s assets located in Hong Kong or elsewhere. If Xxxxxxx successfully enforces the provisions of this Settlement Agreement against the Settling Entity after arbitration, Xxxxxxx shall be entitled to the reimbursement of his reasonable attorneys’ fees and costs incurred obtaining such relief pursuant to California Code of Civil Procedure §1021.5. In the event that Proposition 65 is repealed or is otherwise rendered inapplicable by reason of law generally, or if any of the provisions of this Settlement Agreement are rendered inapplicable or no longer required as a result of any such repeal or preemption or rendered inapplicable by reason of law generally as to the Product, then Xinxiang Scotank shall provide written notice to Xxxxxxx of any asserted change in the law and shall have no further injunctive obligations pursuant to this Settlement Agreement with respect to, and to the extent that, the Product is so affected.

Appears in 1 contract

Samples: Settlement Agreement

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