Common use of South Dakota Clause in Contracts

South Dakota. If this Agreement is governed by the laws of the State of South Dakota, then: (1) the covenant not to compete upon termination or expiration of this Agreement contained in Article 8.3 may be unenforceable, except in certain circumstances provided by law; (2) any provision of this Agreement which designates jurisdiction or venue outside of the State of South Dakota or requires the FRANCHISEE to agree to jurisdiction or venue in a forum outside of the State of South Dakota is void with respect to any cause of action which is otherwise enforceable in the State of South Dakota; (3) the provisions of Article 11 requiring Arbitration hearings to take place in Minneapolis, Minnesota will be inapplicable and in the event of Arbitration between COST CUTTERS and the FRANCHISEE, such Arbitration will be conducted in Sioux Falls, South Dakota or at a mutually agreed upon location; and (4) Pursuant to SDCL ss.37-5A-86, any acknowledgment provision, disclaimer, integration clause or a provision having a similar effect in this Agreement will not negate or act to remove from judicial review any statement, misrepresentation or action that violates Chapter 37-5A or a rule or order under Chapter 37-5A.

South Dakota. If this Agreement is governed by the laws of the State of South Dakota, then: (1) the covenant not to compete upon termination or expiration of this Agreement contained in Article 8.3 may be unenforceable, except in certain circumstances provided by law; (2) any provision of this Agreement which designates jurisdiction or venue outside of the State of South Dakota or requires the FRANCHISEE to agree to jurisdiction or venue in a forum outside of the State of South Dakota is void with respect to any cause of action which is otherwise enforceable in the State of South Dakota; (3) the provisions of Article 11 requiring Arbitration hearings to take place in Minneapolis, Minnesota will be inapplicable and in the event of Arbitration between COST CUTTERS WCH and the FRANCHISEE, such Arbitration will be conducted in Sioux Falls, South Dakota or at a mutually agreed upon location; and (4) Pursuant to SDCL ss.37-5A-86, any acknowledgment provision, disclaimer, integration clause or a provision having a similar effect in this Agreement will not negate or act to remove from judicial review any statement, misrepresentation or action that violates Chapter 37-5A or a rule or order under Chapter 37-5A.

South Dakota. If this Agreement is governed by the laws of the State of South Dakota, then: (1) the covenant not to compete upon termination or expiration of this Agreement contained in Article 8.3 12.3 may be unenforceable, except in certain circumstances provided by law; (2) any provision of this Agreement which designates jurisdiction or venue outside of the State of South Dakota or requires the FRANCHISEE to agree to jurisdiction or venue in a forum outside of the State of South Dakota is void with respect to any cause of action which is otherwise enforceable in the State of South Dakota; (3) the provisions of Article 11 23 requiring Arbitration hearings to take place in Minneapolis, Minnesota will be inapplicable and in the event of Arbitration between COST CUTTERS WCH and the FRANCHISEE, such Arbitration will be conducted in Sioux Falls, South Dakota or at a mutually agreed upon location; and (4) Pursuant pursuant to SDCL ss.37-5A-86, any acknowledgment provision, disclaimer, integration clause or a provision having a similar effect in this Agreement will not negate or act to remove from judicial review any statement, misrepresentation or action that violates Chapter 37-5A or a rule or order under Chapter 37-5A.

South Dakota. If this Agreement is governed by the laws of the State of South Dakota, then: (1) the covenant not to compete upon termination or expiration of this Agreement contained in Article 8.3 12.3 may be unenforceable, except in certain circumstances provided by law; (2) any provision of this Agreement which designates jurisdiction or venue outside of the State of South Dakota or requires the FRANCHISEE to agree to jurisdiction or venue in a forum outside of the State of South Dakota is void with respect to any cause of action which is otherwise enforceable in the State of South Dakota; (3) the provisions of Article 11 23 requiring Arbitration hearings to take place in Minneapolis, Minnesota will be inapplicable and in the event of Arbitration between COST CUTTERS and the FRANCHISEE, such Arbitration will be conducted in Sioux Falls, South Dakota or at a mutually agreed upon location; and (4) Pursuant pursuant to SDCL ss.37-5A-86, any acknowledgment provision, disclaimer, integration clause or a provision having a similar effect in this Agreement will not negate or act to remove from judicial review any statement, misrepresentation or action that violates Chapter 37-5A or a rule or order under Chapter 37-5A.