Selection of Forum Clause Samples

Selection of Forum. The Indemnitee shall be entitled to select the forum in which the validity of the Company’s claim under Section 8(b) hereof that the Indemnitee is not entitled to indemnification will be heard from among the following: (i) A quorum of the Board consisting of directors who are not parties to the proceeding for which indemnification is being sought; (ii) The stockholders of the Company; (iii) Legal counsel selected by the Indemnitee, and reasonably approved by the Board, which counsel shall make such determination in a written opinion; or (iv) A panel of three arbitrators, one of whom is selected by the Company, another of whom is selected by the Indemnitee and the last of whom is selected by the first two arbitrators so selected.

Selection of Forum. Upon submission of a grievance to arbitration, the grieving employee and the Association waive access to any other forum which may be available for resolution of the grievance claim.

Selection of Forum. The exclusive venue for any action arising out of, related to, or connected with this Agreement shall be the United States Bankruptcy Court for the Western District of Virginia, Roanoke Division, but for any other disputes, the federal or state courts in the State of Delaware.

Selection of Forum. The Indemnitee shall be entitled to select the forum in which the validity of the Company’s claim under Section 8(b) hereof that the Indemnitee is not entitled to indemnification will be heard from among the following: (i) A quorum of the Board consisting of directors who are not parties to the proceeding for which indemnification is being sought; (ii) The stockholders of the Company; (iii) If a majority vote of a quorum of the Board, consisting of directors who are not parties to the proceeding for which indemnification is being sought, so orders, by independent legal counsel in a written opinion; or (iv) If a quorum of the Board, consisting of directors who are not parties to the proceeding for which indemnification is being sought, cannot be obtained, by independent legal counsel in a written opinion.

Selection of Forum. EACH PARTY HERETO AGREES THAT IT SHALL BRING ANY ACTION OR PROCEEDING IN RESPECT OF ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTAINED IN OR CONTEMPLATED BY THIS AGREEMENT, WHETHER IN TORT OR CONTRACT OR AT LAW OR IN EQUITY, EXCLUSIVELY IN THE FEDERAL DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, OR IF JURISDICTION DOES NOT LIE IN FEDERAL COURT, THE STATE COURTS OF NEW YORK (THE "CHOSEN COURT") AND (A) IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE CHOSEN COURT, (B) WAIVES ANY OBJECTION TO LAYING OF VENUE IN ANY SUCH ACTION OR PROCEEDING IN THE CHOSEN COURT, (C) WAIVES ANY OBJECTION THAT THE CHOSEN COURT IS AN INCONVENIENT FORUM OR DOES NOT HAVE JURISDICTION OVER ANY PARTY HERETO, AND (D) AGREES THAT SERVICE OF PROCESS UPON SUCH PARTY IN ANY SUCH ACTION OR PROCEEDING SHALL BE EFFECTIVE IF NOTICE IS GIVEN IN ACCORDANCE WITH THIS AGREEMENT.

Selection of Forum. The parties hereto agree that any Litigation seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement or the transactions contemplated hereby shall be brought solely in the United States federal courts located in the Borough of Manhattan or the courts of the State of New York located in the Borough of Manhattan, and each of the parties hereto hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) i n any such Litigation and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such Litigation in any such court or that any such Litigation brought in any such court has been brought in an inconvenient forum. Process in any such Litigation may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing, each party agrees that service of process on such party as provided in Section 11.01 shall be deemed effective service of process on such party.

Selection of Forum. The Lender, the Borrower, RTI and RTI Electronics agree that all actions or proceedings arising in connection with the Loan Documents shall be tried and litigated only in the state or federal courts located in the Commonwealth of Pennsylvania, provided, however, that any suit, action or other proceeding seeking enforcement against any collateral securing the Obligations or other property may be brought, at the Lender's option, in the courts of any jurisdiction where Lender elects to bring such action or where such collateral or other property may be found. The Lender, the Borrower, RTI and RTI Electronics waive, to the extent permitted under applicable law, any right each may have to assert the doctrine of forum non conveniens or to object to venue to the extent any suit, action or other proceeding is brought in accordance with this section.

Selection of Forum. The Indemnitee shall be entitled to select the forum in which the validity of the Company's claim under Section 8(b) that the Indemnitee is not entitled to indemnification will be heard from among the following: (1) A quorum of the Board consisting of directors who are not at the time parties to the Proceeding for which indemnification is being sought; (2) If a quorum cannot be obtained under (1) of this subsection, by a majority vote of a committee duly designated by the Board, in which designation directors who are parties may participate, consisting solely of two or more directors who are not at the time parties to the Proceeding for which indemnification is being sought; (3) The shareholders of the Company (provided that shares owned by or voted under the control of directors who are at the time parties to the Proceeding may not be voted on the determination); or (4) Special legal counsel (i) selected by the Board or its committee in the manner prescribed in (1) or (2) of this subsection or (ii) if a quorum of the Board cannot be obtained under (1) of this subsection and a committee cannot be designated under (2) of this subsection, selected by majority vote of the full Board, in which selection directors who are parties may participate.

Selection of Forum. Upon submission of a grievance to arbitration, the grieving employee and the Association waive access to any other forum which may be available for resolution of the grievance claim. 22.1 The rights granted to employees hereunder shall be in addition to those provided elsewhere. 22.2 The District recognizes the right of employees to join, support, and assist the Association for the purposes of engaging in collective bargaining for wages, hours, and terms and conditions of employment. 22.3 The religious, political, and/or private persuasions of an employee, which do not become manifest in conduct harmful to the employee-student relationship or in activities adversely impacting the performance of assigned duties, shall not be grounds for disciplinary action. 22.4 The District recognizes the right of each employee to enjoy fair and equitable treatment without regard to age, race, color, creed, religion, national origin, sex, sexual orientation (including gender expression or identity), genetic information, marital status, honorably discharged veteran or military status, or the presence of sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification, in accordance with this Agreement and federal and state law. 22.5 In cases that may lead to formal disciplinary action, or at the request of the employee, said employee may be represented by counsel and/or an Association representative of his/her own choice, provided that this right shall not be exercised in a manner designed to unnecessarily delay disciplinary proceedings. 22.6 No employee shall be disciplined without just and sufficient cause. Depending upon the seriousness of the situation, the selection of disciplinary action will be progressive and may include, but is not limited to, warning, reprimand, and/or suspension with pay. 22.7 Any complaint against an employee by a parent, student, or other person(s) that will form the basis of a disciplinary or adverse action or a negative evaluation will be called to the attention of the employee within twenty (20) days of such knowledge of the complaint. The employee will be told the substance of the complaint and apprised of the procedures to be followed. In the case of written complaints, a copy of the complaint will be sent immediately to the employee against whom the complaint is lodged. 22.8 The employee shall have the opportunity to respond ...