Applicable Law; Enforcement. This Agreement shall be construed in accordance with and governed by the laws applicable to contracts made in, and to be performed within, the State of New York. This Agreement shall be enforced by proceedings in a federal or state court located in the State and County of New York or in the State of Hawaii, and the parties hereby submit to personal jurisdiction of such courts for purposes of such proceedings only. The parties recognize that remedies at law may be inadequate, that any breach of this Agreement may cause irreparable harm and that money damages may be difficult or impossible to calculate; therefore the parties shall have the right to such equitable relief as may be appropriate, including specific performance of this Agreement and temporary and/or permanent injunctive relief.
Applicable Law; Enforcement. The Parties agree that this Agreement is made, executed and entered into and is intended to be governed, construed and performed in accordance with the laws of the State of California and the laws of the United States of America, and any action to enforce or for breach of this Agreement shall be brought in the Los Angeles County Superior Court.
Applicable Law; Enforcement. The terms, interpretation and enforcement of this Agreement shall be governed by the laws of the State of New York. The exclusive forum for any dispute arising out of or in connection with this Agreement shall be the United States District Court for the Southern District of New York, or if that court lacks subject matter jurisdiction, a New York state court of appropriate jurisdiction located within the Southern District of New York. The California Attorney General shall promptly notify New T-Mobile of any alleged breach of this Agreement. New T-Mobile shall have a period of 90 days after the date of such notice to explain why there is no breach and, if needed, to cure any alleged breach before the State of California may take any other action to enforce the terms of this Agreement. If New T-Mobile fails to cure any material breach of this Agreement within 90 days after receiving such notice, the State of California may institute a breach of contract action as provided for in this Agreement. In any such action, the State of California may seek an order requiring specific performance of the terms of this Agreement, if appropriate. In addition, the State of California may seek damages for actual consumer harm caused by any material breach of this Agreement, but New T-Mobile’s liability for damages shall be limited to a maximum of $2,000,000 for each material breach of this Agreement.
Applicable Law; Enforcement. The terms, interpretation, and enforcement of this Agreement shall be governed by the laws of the State of New York. The exclusive forum for any dispute arising out of or in connection with this Agreement shall be the United States District Court for the Southern District of New York, or if that court lacks subject matter jurisdiction, a New York state court of appropriate jurisdiction located within the Southern District of New York. The Plaintiff States shall promptly notify New T-Mobile of any alleged breach of this Agreement. New T-Mobile shall have a period of 90 days after the date of such notice to explain why there is no breach and, if needed, to cure any alleged breach before the Plaintiff States may take any other action to enforce the terms of this Agreement. If New T-Mobile fails to cure any material breach of this Agreement within 90 days after receiving notice from Plaintiff States, Plaintiff States may institute a breach of contract action as provided for in this Agreement. In any such action, Plaintiff States may seek an order requiring specific performance of the terms of this Agreement, if appropriate. In addition, Plaintiff States may seek damages for actual consumer harm caused by any material breach of this Agreement, but New T-Mobile’s liability for damages shall be limited to a maximum of $2,000,000 to any individual Plaintiff State and $15,000,000 in the aggregate for each material breach of this Agreement. In addition, any damages assessed against New T-Mobile for any material breach of its separate settlement Settlement Agreement and Release of Claims among T-Mobile US, Inc., Sprint Corporation, and Plaintiff States agreement with the State of California shall count toward the $15,000,000 aggregate damages cap for any corresponding material breach of this Agreement.
Applicable Law; Enforcement. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware, regardless of the laws that might otherwise govern under applicable principles of conflicts of laws thereof. The parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with its specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in any court of the United States located in the State of Delaware or in any Delaware state court, this being in addition to any other remedy to which they are entitled at law or in equity. In addition, each of the parties hereto (a) consents to submit itself to the personal jurisdiction of any court of the United States located in the State of Delaware or of any Delaware state court in the event any dispute arises out of this Agreement or the transactions contemplated by this Agreement, (b) agrees that it will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court and (c) agrees that it will not bring any action relating to this Agreement or the transactions contemplated by this Agreement in any court other than a court of the United States located in the State of Delaware or a Delaware state court.
Applicable Law; Enforcement. (a) The laws of the state of Delaware (or if the Company reincorporates in another state, of that state) shall govern the interpretation, validity and performance of the terms of this Agreement, regardless of the law that might be applied under principles of conflicts of law. Any suit, action or proceeding against any Party, with respect to this Agreement, or any judgment entered by any court in respect of any thereof, may be brought in any court of competent jurisdiction in the State of Delaware (or if the Company reincorporates in another state, in that state) or North Carolina, as the Party bringing suit may elect in its sole discretion, and each of the Parties hereby submits to the non-exclusive jurisdiction of such courts for the purpose of any such suit, action, proceeding or judgment. By the execution and delivery of this Agreement, each Party appoints The Corporation Trust Company, at its office in Charlotte, North Carolina or Wilmington, Delaware (or if the Company reincorporates in another state, an office in that state), as the case may be, as his or its agent upon which process may be served in any such suit, action or proceeding. Service of process upon such agent, together with notice of such service given to the appropriate Party in the manner provided in Section 25 hereof, shall be deemed in every respect effective service of process upon such Party in any suit, action or proceeding. Nothing herein shall in any way be deemed to limit the ability of either Party to serve any such writs, process or summonses in any other manner permitted by applicable law or to obtain jurisdiction over either party in such other jurisdictions and in such manner, as may be permitted by applicable law. Each of the Parties hereby irrevocably waives any objections which he or it may now or hereafter have to the laying of the venue of any suit, action or proceeding arising out of or relating to this Agreement brought in any court of competent jurisdiction in the State of Delaware (or if the Company reincorporates in another state, in that state) or North Carolina, and hereby further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in any inconvenient forum. No suit, action or proceeding against either Party with respect to this Agreement may be brought in any court, domestic or foreign, or before any similar domestic or foreign authority other than in a court of competent jurisdiction in the State of ...
Applicable Law; Enforcement. This Consulting Agreement shall be governed by and construed in accordance with the laws in force in California (as applied to transactions entered into and to be performed wholly within California between California residents) and the parties hereby agree to submit to the courts located in the County of Los Angeles, California. The Consultant agrees that breach of sections 7.0, 8.0 and 10.0 of this Consulting Agreement will cause the Company irreparable damage for which money damages will be inadequate. The Company therefore will be entitled to obtain timely injunctive relief to protect the Company's rights under this Consulting Agreement in addition to any and all other remedies available at law. The Consultant further acknowledges and agrees that this clause is not intended and does not waive or estop the Company from seeking equitable or legal relief in respect of any other breach, failure or for nonperformance of this Consulting Agreement. If any dispute between the parties with respect to or arising under this Consulting Agreement leads to a proceeding to resolve such dispute, the prevailing party shall be entitled to recover its reasonable attorneys' fees, expert witness fees and out-of-pocket costs incurred in connection with such proceeding, in addition to any other relief to which it is entitled.
Applicable Law; Enforcement. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, as applied to contracts executed and to be fully performed in such state. Each of the parties hereto (a) consents to submit itself to the personal jurisdiction of any federal court located in the Commonwealth of Virginia or any Virginia state court if any dispute arises out of this Agreement (b) agrees that it will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court and (c) agrees that it will not bring any action relating to this Agreement or any of the transactions contemplated by this Agreement in any court other than a federal court sitting in the Commonwealth of Virginia or a Virginia state court.
Applicable Law; Enforcement. This Agreement is an international agreement and shall be governed and construed in accordance with the substantive laws of New York, without regard to conflict of laws provisions. Each party hereto hereby irrevocably and unconditionally agrees that any action to enforce a decision rendered in an arbitration proceeding described in Article 8 may be instituted (i) in Armenian courts, (ii) in the courts of the State of New York, the courts of the United States of America for the Southern District of New York, and appellate courts thereof, or (iii) in the courts of the United Kingdom and hereby irrevocably and unconditionally waives, to the fullest extent permitted by applicable law, any objection of the convenience of the forum of any such legal suit, action or proceeding and irrevocably submits generally and unconditionally to the jurisdiction in any such court in any suit, action or proceeding.
Applicable Law; Enforcement. This Agreement shall be interpreted under, and construed in accordance with, the laws of the State of Tennessee. Each party shall be entitled to specifically enforce this Agreement and may further seek any relief provided at law or equity, including injunctive relief where available. The prevailing party in such action shall be entitled to recover all of their costs to enforce this Agreement, including a reasonable attorney’s fee.
