Common use of Jurisdiction and Choice of Forum Clause in Contracts

Jurisdiction and Choice of Forum. You and the Group irrevocably submit to the exclusive jurisdiction of any state or federal court located in Honolulu, Hawaii (the “Forum”) over any Employment Matter that is not otherwise arbitrated or resolved according to Section 13(b). This includes any action or proceeding to compel arbitration or to enforce an arbitration award. Both you and the Group (1) acknowledge that the Forum has a reasonable relation to this Agreement and to the relationship between you and the Group and that the submission to the Forum will apply even if the forum chooses to apply non-Forum law, (2) waive, to the extent permitted by law, any objection to personal jurisdiction or to the laying of venue of any action or proceeding covered by this Section 13(e) in the Forum, (3) agree not to commence any such action or proceeding in any forum other than the Forum and (4) agree that, to the extent permitted by law, a final and non-appealable judgment in any such action or proceeding in any such court will be conclusive and binding on you and the Group. However, nothing in this Agreement precludes you or the Group from bringing any action or proceeding in any court for the purpose of enforcing the provisions of Sections 13(b) and this 13(e).

Appears in 8 contracts

Samples: Is Your Employment Agreement (Central Pacific Financial Corp), Is Your Employment Agreement (Central Pacific Financial Corp), Is Your Employment Agreement (Central Pacific Financial Corp)

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Jurisdiction and Choice of Forum. You and the Group irrevocably submit to the exclusive jurisdiction of any state or federal court located in Honolulu, Hawaii (the “Forum”) County of New York over any Employment Matter that is not otherwise arbitrated or resolved according to Section 13(b12(b). This includes any action or proceeding to compel arbitration or to enforce an arbitration award. Both you and the Group (1) acknowledge that the Forum forum stated in this Section 12(e) has a reasonable relation to this Agreement and to the relationship between you and the Group and that the submission to the Forum forum will apply even if the forum chooses to apply non-Forum forum law, (2) waive, to the extent permitted by law, any objection to personal jurisdiction or to the laying of venue of any action or proceeding covered by this Section 13(e12(e) in the Forumforum stated in this Section, (3) agree not to commence any such action or proceeding in any forum other than the Forum forum stated in this Section 12(e) and (4) agree that, to the extent permitted by law, a final and non-appealable judgment in any such action or proceeding in any such court will be conclusive and binding on you and the Group. However, nothing in this Agreement precludes you or the Group from bringing any action or proceeding in any court for the purpose of enforcing the provisions of Sections 13(b12(b) and this 13(e12(e).

Appears in 4 contracts

Samples: Employment Agreement (Ca, Inc.), Employment Agreement (Computer Associates International Inc), Employment Agreement (Ca, Inc.)

Jurisdiction and Choice of Forum. You and the Group irrevocably submit to the exclusive jurisdiction of any state or federal court located in Honolulu, Hawaii (the “Forum”) over any Employment Applicable Matter that is not otherwise arbitrated or resolved according to Section 13(b10(b). This includes any action or proceeding to compel arbitration or to enforce an arbitration award. Both you and the Group (1) acknowledge that the Forum has a reasonable relation to this Agreement and to the relationship between you and the Group and that the submission to the Forum will apply even if the forum chooses to apply non-Forum law, (2) waive, to the extent permitted by law, any objection to personal jurisdiction or to the laying of venue of any action or proceeding covered by this Section 13(e10(e) in the Forum, (3) agree not to commence any such action or proceeding in any forum other than the Forum and (4) agree that, to the extent permitted by law, a final and non-appealable judgment in any such action or proceeding in any such court will be conclusive and binding on you and the Group. However, nothing in this Agreement precludes you or the Group from bringing any action or proceeding in any court for the purpose of enforcing the provisions of Sections 13(b10(b) and this 13(e10(e).

Appears in 4 contracts

Samples: Central Pacific Financial Corp, Central Pacific Financial Corp, Central Pacific Financial Corp

Jurisdiction and Choice of Forum. You and the Group Company irrevocably submit to the exclusive jurisdiction of any state or federal court located in Honolulu, Hawaii (the “Forum”) County of New York over any Employment Matter that is not otherwise arbitrated or resolved according to Section 13(b11(b). This includes any action or proceeding to compel arbitration or to enforce an arbitration award. Both you and the Group Company (1) acknowledge that the Forum forum stated in this Section 11(e) has a reasonable relation to this Agreement and to the relationship between you and the Group Company and that the submission to the Forum forum will apply even if the forum chooses to apply non-Forum forum law, (2) waive, to the extent permitted by law, any objection to personal jurisdiction or to the laying of venue of any action or proceeding covered by this Section 13(e11(e) in the Forumforum stated in this Section, (3) agree not to commence any such action or proceeding in any forum other than the Forum forum stated in this Section 11(e) and (4) agree that, to the extent permitted by law, a final and non-appealable judgment in any such action or proceeding in any such court will be conclusive and binding on you and the GroupCompany. However, nothing in this Agreement precludes you or the Group Company from bringing any action or proceeding in any court for the purpose of enforcing the provisions of Sections 13(b11(b) and this 13(e11(e).

Appears in 2 contracts

Samples: Separation and Release Agreement (Duckwall Alco Stores Inc), Separation and Release Agreement (Duckwall Alco Stores Inc)

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Jurisdiction and Choice of Forum. You and the Group irrevocably submit to the exclusive jurisdiction of any state or federal court located in Honolulu, Hawaii (the “Forum”) County of New York over any Employment Matter that is not otherwise arbitrated or resolved according to Section 13(b11(b). This includes any action or proceeding to compel arbitration or to enforce an arbitration award. Both you and the Group (1) acknowledge that the Forum forum stated in this Section 11(e) has a reasonable relation to this Agreement and to the relationship between you and the Group and that the submission to the Forum forum will apply even if the forum chooses to apply non-Forum forum law, (2) waive, to the extent permitted by law, any objection to personal jurisdiction or to the laying of venue of any action or proceeding covered by this Section 13(e11(e) in the Forumforum stated in this Section, (3) agree not to commence any such action or proceeding in any forum other than the Forum forum stated in this Section 11(e) and (4) agree that, to the extent permitted by law, a final and non-appealable judgment in any such action or proceeding in any such court will be conclusive and binding on you and the Group. However, nothing in this Agreement precludes you or the Group from bringing any action or proceeding in any court for the purpose of enforcing the provisions of Sections 13(b11(b) and this 13(e11(e).

Appears in 1 contract

Samples: Executive Termination Benefits Agreement (Claiborne Liz Inc)

Jurisdiction and Choice of Forum. You and the Group irrevocably submit to the exclusive jurisdiction of any state or federal court located in HonoluluHartford County, Hawaii (the “Forum”) Connecticut over any non-arbitral matter relating to an Employment Matter that is not otherwise arbitrated or resolved according to Section 13(b). This includes Matter, including any action or proceeding to compel arbitration or to enforce an arbitration award. Both you and the Group (1) acknowledge that the Forum forum stated in this Section 9[d] has a reasonable relation to this Agreement and to the relationship between you and the Group and that the submission to the Forum forum will apply even if the forum chooses to apply non-Forum forum law, (2) waive, to the extent permitted by law, any objection to personal jurisdiction or to the laying of venue of any action or proceeding covered by this Section 13(e) 9[d] in the Forumforum stated in this Section, (3) agree not to commence any such action or proceeding in any forum other than the Forum forum stated in this Section 9[d] and (4) agree that, to the extent permitted by law, a final and non-appealable judgment in any such action or proceeding in any such court will be conclusive and binding on you and the Group. However, nothing in this Agreement precludes you or the Group from bringing any action or proceeding in any court for the purpose of enforcing the provisions of Sections 13(b) 10[b] and this 13(e)10[d].

Appears in 1 contract

Samples: Retirement and Transition Agreement (Phoenix Companies Inc/De)

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