Governing Law Contract Clauses (30,438)

Governing Law. The Subscriber, in its personal or corporate capacity and, if applicable, on behalf of each beneficial purchaser for whom it is acting, irrevocably attorns to the exclusive jurisdiction of the Courts of the State of Nevada.

Governing Law. This Amendment shall for all purposes be construed in accordance with and governed by the laws of the State of California.

Governing Law. The Plan is to be construed in accordance with and governed by the internal laws of the State of Delaware without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Delaware to the rights and duties of the parties, except to the extent the internal laws of the State of Delaware are superseded by the laws of the United States. Should any provision of the Plan be determined by a court of law to be il...legal or unenforceable, the other provisions will nevertheless remain effective and will remain enforceable. View More

Governing Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware 3 14. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be d...eemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. View More

Governing Law. This Plan and any agreements or other documents hereunder shall be interpreted and construed in accordance with the laws of Delaware to the extent not preempted by federal law. Any reference in this Plan or in the agreement or other document evidencing any Awards to a provision of law or to a rule or regulation shall be deemed to include any successor law, rule or regulation of similar effect or applicability. EX-10.1 2 flgt-ex101_6.htm EX-10.1 flgt-ex101_6.htm Exhibit 10.1 FULGENT GENETICS, INC....AMENDED AND RESTATED 2016 OMNIBUS INCENTIVE PLAN 1. Purposes of the Plan. The purposes of this Plan are to attract and retain the best available personnel, to provide additional incentives to Employees, Directors and Consultants and to promote the success of the Company's business. View More

Governing Law. This Agreement shall be governed by and construed according to the laws of the State of Colorado without regard to the conflict of laws provisions thereof.

Governing Law. This Award and these Terms and Conditions are governed by the law of the State of Delaware and shall be construed accordingly.

Governing Law. This Warrant and all rights, obligations and liabilities hereunder shall be governed by and construed in accordance with the Delaware General Corporation Law as to matters within the scope thereof, and as to all other matters shall be governed by, and construed in accordance with, the internal laws of the State of New York, without reference to principles of conflict of laws or choice of laws.

Governing Law. THIS NOTE AND THE RIGHTS AND OBLIGATIONS OF ALL PARTIES HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF NEW YORK. 6 20. Jurisdiction; Waiver of Jury Trial. ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH THIS NOTE SHALL BE FILED, TRIED AND LITIGATED IN THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK CITY, NEW YORK. MAKER WAIVES ITS RIGHT TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS NOTE, INCLUDING CONTRACT CLAIMS, BREACH OF ...DUTY CLAIMS, AND ALL OTHER COMMON LAW OR STATUTORY CLAIMS. MAKER HAS REVIEWED THIS WAIVER AND KNOWINGLY AND VOLUNTARILY WAIVES THE AFORESAID TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL. IN THE EVENT OF LITIGATION, A COPY OF THIS NOTE MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT. [Remainder Of Page Intentionally Left Blank; Signature Page Follows] 7 EXECUTED AND DELIVERED as of the first date written above. MAKER: DPW HOLDINGS, INC. By: Name: Milton C. Ault, III Title: Chief Executive Officer ACKNOWLEDGED: ESOUSA HOLDINGS, LLC By: Name: Michael Wachs Title: Managing Member EX-4.1 2 ex4_1.htm EXHIBIT 4.1 Exhibit 4.1 UNSECURED PROMISSORY NOTE $850,000 New York City, New York October 27, 2020 FOR VALUE RECEIVED, and subject to the terms and conditions set forth herein, DPW Holdings, Inc., a Delaware corporation (hereinafter referred to as "Maker"), hereby unconditionally promises to pay to Esousa Holdings LLC a New York limited liability company (and together with its successors and assigns, hereinafter referred to as "Holder"), in the manner hereinafter provided, the aggregate principal sum of EIGHT HUNDRED AND FIFTY THOUSAND DOLLARS ($850,000), or, if less, the aggregate unpaid principal amount of all advances made from time to time by Holder to Maker pursuant to and in accordance with this Note, in immediately available funds and in lawful money of the United States of America, together with interest thereon, all in accordance with the provisions hereinafter specified. View More

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to the conflicts of law provisions thereof; provided, however, that the applicable provisions of ESA and the securities regulations and laws of the Province of Ontario, and the Federal laws of Canada applicable therein, shall control to the extent required by such laws.