Governing Law; Remedies. Any dispute in the meaning, effect or validity of this Agreement shall be resolved in accordance with the laws of the United States and the state of New York, without regard to the conflict of laws provisions thereof. I acknowledge and agree that the consideration given for this Agreement is valid and sufficient. I further acknowledge and agree that the enforceability of this Agreement and the validity of its consideration shall not be affected by any change(s) in my working conditions, including but not limited to promotion, demotion, reduction in compensation, increase in compensation, change in compensation structure, change in title, change in location of employment, and change of Company name, structure or ownership. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. Unless expressly provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy. I further agree that if one or more provisions of this Agreement are held to be illegal or unenforceable under applicable law, such illegal or unenforceable portion shall be limited or excluded from this Agreement to the minimum extent required so that this Agreement shall otherwise remain in full force and effect and enforceable. I also understand that any breach or threatened breach of this Agreement will cause irreparable harm to the Company for which damages would not be an adequate remedy, and, therefore, the Company will be entitled to 11 injunctive relief with respect thereto (without the necessity of posting any bond) in addition to any other remedies. I HAVE READ THIS AGREEMENT CAREFULLY AND I UNDERSTAND AND ACCEPT THE OBLIGATIONS WHICH IT IMPOSES UPON ME WITHOUT RESERVATION. NO PROMISES OR REPRESENTATIONS HAVE BEEN MADE TO ME TO INDUCE ME TO SIGN THIS AGREEMENT. I SIGN THIS AGREEMENT VOLUNTARILY AND FREELY. Date: 8/29/2018 | 11:11 AM EDT Datadog, Inc. Employee By: /s/ Xxxxxxx Xxxxx By: /s/ Xxxxx Xxxxxxx Name: Xxxxxxx Xxxxx Name: Xxxxx Xxxxxxx Title: Chief Executive Officer Address: PRIOR MATTERS PER SECTION 2(d) None if remainder of page left blank.
Governing Law; Remedies. 11.1 This Agreement has been executed in the State of Florida and shall be governed by and construed in all respects in accordance with the law of the State of Florida
Governing Law; Remedies. 14.1 This Agreement shall be governed by and construed in all respects in accordance with the laws of the State of Texas.
Governing Law; Remedies. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to its principles or rules of conflicts of laws. MEMBER submits to the exclusive jurisdiction, for the resolution of disputes arising under this Agreement, of the state and federal courts sitting within Wake County, North Carolina. Except as otherwise provided in this Agreement, the rights, powers, remedies and privileges provided in this Agreement are cumulative and not exclusive of any rights, powers, remedies and privileges provided by applicable law.
Governing Law; Remedies. This Agreement shall be construed and enforced in accordance with the laws of the State of Delaware. Recipient acknowledges that the confidential and proprietary status of the Source Code is of a unique nature, the loss of which may cause irreparable harm to NCT Hearing for which any sum of money would be inadequate, and that it may be impossible to measure in money the damages which would be suffered by NCT Hearing by reason of the loss of such confidential and proprietary status. Accordingly, in the event of any material breach or threatened material breach by Recipient of any of its obligations related to maintaining the confidentiality of the Source Codes under this Agreement, NCT Hearing shall be entitled, as a matter of right, to a final order from a court of competent jurisdiction of injunctive and other equitable relief and if NCT Hearing shall institute any action or proceeding to enforce by specific performance or other equitable relief the provisions hereof, Recipient hereby waives the claim or defense that NCT Hearing has an adequate remedy at law and Recipient shall not urge in any such action or proceeding the claim or defense that such remedy at law exists provided, however, that nothing herein contained shall limit or constrain the respective rights of either of the parties hereto to pursue and recover damages at law for breaches of this Agreement.
Governing Law; Remedies. Any dispute in the meaning, effect or validity of this Agreement shall be resolved in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. I HAVE READ THIS AGREEMENT CAREFULLY AND I UNDERSTAND AND ACCEPT THE OBLIGATIONS WHICH IT IMPOSES UPON ME WITHOUT RESERVATION. NO PROMISES OR REPRESENTATIONS HAVE BEEN MADE TO ME TO INDUCE ME TO SIGN THIS AGREEMENT. I SIGN THIS AGREEMENT VOLUNTARILY AND FREELY, IN DUPLICATE, WITH THE UNDERSTANDING THAT ONE COUNTERPART WILL BE RETAINED BY THE COMPANY AND THE OTHER COUNTERPART WILL BE RETAINED BY ME. VIOLIN MEMORY, INC. EMPLOYEE By: /s/ Xxxx Xxxxxxxxxx /s/ Xxxxxx Xxxxxx Name: Xxxx Xxxxxxxxxx [Name] Title: Chairman Appendix A PRIOR MATTERS Invention or Improvement Party(ies)
Governing Law; Remedies. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK (BUT EXCLUDING ALL OTHER CHOICE OF LAW AND CONFLICTS OF LAW RULES), AND ANY DISPUTE BETWEEN THE PARTIES HERETO ARISING OUT OF, CONNECTED WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH THIS AGREEMENT, AND WHETHER ARISING IN CONTRACT, TORT, EQUITY, OR OTHERWISE, SHALL BE RESOLVED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK (BUT EXCLUDING ALL OTHER CHOICE OF LAW AND CONFLICTS OF LAW RULES). In furtherance of the foregoing, the internal law of the State of New York shall control the interpretation and construction of this Agreement, even though under that jurisdiction’s choice of law or conflict of law analysis, the substantive law of some other jurisdiction would ordinarily apply. The parties hereto acknowledge that the provisions of this Agreement are unique and money damages may not provide an adequate remedy for any breach thereof, and each party may seek specific performance and other equitable remedies for any breaches under this Agreement.
Governing Law; Remedies. This Agreement shall be ----------------------- governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to agreements made and to be performed wholly within such jurisdiction, without regard to the conflicts of laws provisions thereof. The parties acknowledge that a breach by a party hereto of the provisions of Article VII will cause irreparable damage to the other parties, the exact amount of which will be difficult or impossible to ascertain, and that such other parties' remedies at law for any such breach will be inadequate. Accordingly, upon breach or threatened breach of the covenants and undertakings contained in Article VII, such other parties shall be entitled to injunctive or other equitable relief in any court of the United States or any state thereof having jurisdiction.
Governing Law; Remedies. (a) The validity, interpretation and effect of this Agreement shall be governed by and construed under the laws of the State of Minnesota without regard to its conflicts of laws principles.
Governing Law; Remedies. The Agreement shall not be effective until signed by you and accepted by GAF as evidenced by the signature of the Agreement by an authorized officer of GAF. The Agreement shall be interpreted and construed under the substantive laws of the State of New York without reference to its conflict of laws principles, except to the extent governed by the United States Trademark Act of 1946 or other superseding federal law. All remedies under the Agreement shall be cumulative and not exclusive.
