Common use of Exclusions from Arbitration Clause in Contracts

Exclusions from Arbitration. Notwithstanding the foregoing, the parties agree that each shall have the right to commence a legal action in court for (i) the purposes of obtaining temporary and/or preliminary injunctive relief that shall remain in effect until such time as the arbitrator has rendered a decision regarding the underlying merits of the claims relating to such matter for which injunctive relief was sought and (ii) the purpose of protecting the Company’s intellectual property, including, but not limited to, patents, copyrights and trademarks. With regard to any court action commenced by either party, whether pursuant to this Paragraph 3 or not, both parties agree to submit to personal jurisdiction in the federal or state court located in Dane County, Wisconsin and not to contest venue in such courts.

Appears in 3 contracts

Sources: Employment Agreement (Exact Sciences Corp), Employment Agreement (Exact Sciences Corp), Employment Agreement (Exact Sciences Corp)