Question

NDA & contracts (exclusive jurisdiction and venue)

Asked 25 May 2011 · needs an answer

The question

We have this piece of a nondisclosure agreement and our

contracts that states the following...

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4.1 Governing Body.

This Agreement shall be governed by and construed in

accordance with the laws of the State of Washington.

Exclusive jurisdiction and venue shall be in the Clark

County, Washington Superior Court.

************************************

One of my new clients is asking me to remove it. I'm

not sure if I should. Here is what they said in their

request to me...

************************************

"We took a look at the non-disclosure agreement.

Everything generally looks great, buy my only

hesitation is Terms and Conditions Paragraph 4.1. The

one that states that jurisdiction and venue will always

be in Washington. Obviously I don't think any of us

seriously anticipate problems with the non-disclosure

agreement, but we'd nonetheless prefer it if we equally

shared the risks involved in a potential dispute. Would

you be willing to cross that section out?"

************************************

The client is waiting for me to get back to them, so I

appreciate your advice. Thank you.

From the LawyerCentral forum archive. Originally posted 25 May 2011 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

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