Common use of Applicable Law; Arbitration Clause in Contracts

Applicable Law; Arbitration. (a) This Agreement is entered into under, and shall be governed for all purposes by, the laws of the State of Pennsylvania, without regard to conflicts of laws principles thereof. (b) Subject to Section 10.2(d) below, any dispute, controversy or claim between Executive and the Employer arising out of or relating to this Agreement or Executive’s employment with the Employer will be finally settled by arbitration in Canonsburg, Pennsylvania before, and in accordance with the rules for the resolution of employment disputes then in effect of, the American Arbitration Association (“AAA”). Each side shall share equally the cost of the arbitration and bear its own costs and attorneys’ fees incurred in connection with any arbitration unless the arbitrator determines that compelling reasons exist for allocating all or a portion of such costs and fees to the other side. The arbitration award shall be final and binding on both parties. Any arbitration conducted under this Section 10.2 shall be heard by a single arbitrator (the “Arbitrator”) selected in accordance with the then-applicable rules of the AAA. The Arbitrator shall expeditiously hear and decide all matters concerning the dispute. The Arbitrator shall have the power to (i) gather such materials, information, testimony and evidence as he or she deems relevant to the dispute before him or her (and each party will provide such materials, information, testimony and evidence requested by the Arbitrator, except to the extent any information so requested is subject to an attorney-client or other privilege), and (ii) grant injunctive relief and enforce specific performance. In conjunction with the arbitration proceedings, the parties shall enter into a reasonable protective order to protect the confidentiality of materials, information, testimony, and evidence that is proprietary, personal, or subject to a third-party confidentiality restriction. The decision of the Arbitrator shall be reasoned, rendered in writing, final, non-appealable and binding upon the disputing parties, and the parties agree that judgment upon the award may be entered by any court of competent jurisdiction; provided that the parties agree that the Arbitrator and any court enforcing the award of the Arbitrator shall not have the right or authority to award punitive or exemplary damages to any disputing party. (c) By entering into this Agreement and entering into the arbitration provisions of this Section 10.2, THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THEY ARE KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVING THEIR RIGHTS TO A JURY TRIAL. (d) Nothing in this Section 10.2 shall prohibit a party to this Agreement from instituting litigation to enforce any arbitration award or to obtain a temporary restraining order or temporary injunctive relief as contemplated by Articles VI, VII, and VIII above.

Applicable Law; Arbitration. (a) This Agreement is entered into under, and shall be governed for all purposes by, the laws of the State of PennsylvaniaTexas, without regard to conflicts of laws principles thereof. (b) Subject to Section 10.2(d) below, any dispute, controversy or claim between Executive and the Employer arising out of or relating to this Agreement or Executive’s employment with the Employer Company will be finally settled by arbitration in CanonsburgHouston, Pennsylvania Texas before, and in accordance with the rules for the resolution of employment disputes then in effect of, the American Arbitration Association (“AAA”). Each side shall share equally The costs, fees and expenses of arbitration (including, for the cost avoidance of the arbitration doubt, any fees and bear its own costs and attorneys’ fees incurred in connection with any arbitration unless the arbitrator determines that compelling reasons exist for allocating all or a portion of such costs and fees expenses paid to the other sideArbitrator) attendant to any such arbitration shall be borne by the Employer. The arbitration award shall be final and binding on both parties. Any arbitration conducted under this Section 10.2 shall be heard by a single arbitrator (the “Arbitrator”) selected in accordance with the then-applicable rules of the AAA. The Arbitrator shall expeditiously hear and decide all matters concerning the dispute. The Arbitrator shall have the power to (i) gather such materials, information, testimony and evidence as he or she deems relevant to the dispute before him or her (and each party will provide such materials, information, testimony and evidence requested by the Arbitrator, except to the extent any information so requested is subject to an attorney-client or other privilege), and (ii) grant injunctive relief and enforce specific performance. In conjunction with the arbitration proceedings, the parties shall enter into a reasonable protective order to protect the confidentiality of materials, information, testimony, and evidence that is proprietary, personal, or subject to a third-party confidentiality restriction. The decision of the Arbitrator shall be reasoned, rendered in writing, final, non-appealable and binding upon the disputing parties, parties and the parties agree that judgment upon the award may be entered by any court of competent jurisdiction; provided that the parties agree that the Arbitrator and any court enforcing the award of the Arbitrator shall not have the right or authority to award punitive or exemplary damages to any disputing party. (c) By entering into this Agreement and entering into the arbitration provisions of this Section 10.2, THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THEY ARE KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVING THEIR RIGHTS TO A JURY TRIAL. (d) Nothing in this Section 10.2 shall prohibit a party to this Agreement from instituting litigation to enforce any arbitration award or to obtain a temporary restraining order or temporary injunctive relief as contemplated by Articles VI, VII, and VIII above.

Applicable Law; Arbitration. (a) This Except as otherwise provided in these Terms of Sale, this Agreement is entered into under, and shall be governed for all purposes by, by the internal laws of the State of PennsylvaniaMissouri. The parties agree that any proceedings in court or in arbitration, without whether arising in contract, warranty, tort, statute, or otherwise shall be brought exclusively in the state or federal courts located in Springfield, Missouri in regard to conflicts of laws principles thereof. (b) Subject to Section 10.2(d) belowsuits, and in Springfield, Missouri for any arbitration hearing. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY. Any dispute, controversy or claim between Executive and the Employer arising out of or relating to this Agreement or Executive’s employment with any purchase order issued by Purchaser and accepted by Seller hereunder, whether based on theories of contract, negligence, strict liability, tort, laws or regulations, warranty, or otherwise, (including, but not limited to, any dispute relating to the Employer will existence, interpretation, breach or termination hereof or thereof, or the agreement of the parties to arbitrate disputes), where the amount in controversy in the initial claim or in any counterclaim equals or exceeds $75,000.00, exclusive of interest and costs, that cannot be finally settled resolved by the parties within thirty (30) days of notification by either party of the dispute, shall be resolved by binding arbitration in Canonsburg, Pennsylvania beforeadministered by, and in accordance with the rules for the resolution Construction Industry Rules of employment disputes then in effect of, the American Arbitration Association (“AAA”)Association. Each side shall share equally the The arbitration award may be reduced to judgment by any court having jurisdiction thereof. The cost of the arbitration shall be shared equally between the parties, and each party shall bear its own costs attorney fees and attorneys’ fees incurred expenses, provided that where a party asserting a claim in connection with excess of $75,000.00 is awarded less than the sum or value of $75,000.00 computed without regard to any arbitration unless the arbitrator determines that compelling reasons exist for allocating all setoff, claim, or a portion counterclaim of such costs and fees to the other sideparty, the party so failing to recover, shall bear all the fees of the arbitrator(s) and the arbitration service conducting the arbitration. The arbitration award Purchaser and Seller agree that the agreement to arbitrate disputes shall not preclude Seller from exercising lien rights available under the laws of any state where the goods are located or services performed, including filing any suit to enforce its lien rights, provided that when the amount in controversy in the initial claim or in any counterclaim exceeds $75,000.00, exclusive of interest and costs, the suit shall be final and binding on both parties. Any arbitration conducted under this Section 10.2 shall be heard by a single arbitrator (the “Arbitrator”) selected in accordance with the then-applicable rules of the AAA. The Arbitrator shall expeditiously hear and decide all matters concerning the dispute. The Arbitrator shall have the power to (i) gather such materials, information, testimony and evidence as he or she deems relevant to the dispute before him or her (and each party will provide such materials, information, testimony and evidence requested by the Arbitrator, except to the extent any information so requested is subject to an attorney-client or other privilege), and (ii) grant injunctive relief and enforce specific performance. In conjunction with the arbitration proceedings, the parties shall enter into a reasonable protective order to protect the confidentiality of materials, information, testimony, and evidence that is proprietary, personal, or subject to a third-party confidentiality restriction. The decision of the Arbitrator shall be reasoned, rendered in writing, final, non-appealable and binding upon the disputing partiesstayed, and the parties agree that judgment upon Seller’s claims for payment and the award may Purchaser’s defenses to payment and counterclaims shall be entered determined by any court of competent jurisdiction; arbitration, as provided that the parties agree that the Arbitrator and any court enforcing the award of the Arbitrator shall not have the right or authority to award punitive or exemplary damages to any disputing party. (c) By entering into this Agreement and entering into the arbitration provisions herein. The applicability of this Section 10.2, THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THEY ARE KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVING THEIR RIGHTS TO A JURY TRIALagreement to arbitrate claims shall be determined by the arbitrator(s). (d) Nothing in this Section 10.2 shall prohibit a party to this Agreement from instituting litigation to enforce any arbitration award or to obtain a temporary restraining order or temporary injunctive relief as contemplated by Articles VI, VII, and VIII above.

Applicable Law; Arbitration. (a) This Agreement is entered into under, and shall be governed for all purposes by, the laws of the State of PennsylvaniaTexas, without regard to conflicts of laws principles thereof. (b) Subject to Section 10.2(d) below, any dispute, controversy or claim between Executive and the Employer arising out of or relating to this Agreement or Executive’s employment with the Employer will be finally settled by arbitration in CanonsburgHouston, Pennsylvania Texas before, and in accordance with the rules for the resolution of employment disputes then in effect of, the American Arbitration Association (“AAA”). Each side shall share equally The costs, fees and expenses of arbitration (including, for the cost avoidance of the arbitration doubt, any fees and bear its own costs and attorneys’ fees incurred in connection with any arbitration unless the arbitrator determines that compelling reasons exist for allocating all or a portion of such costs and fees expenses paid to the other sideArbitrator) attendant to any such arbitration shall be borne by the Employer. The arbitration award shall be final and binding on both parties. Any arbitration conducted under this Section 10.2 shall be heard by a single arbitrator (the “Arbitrator”) selected in accordance with the then-applicable rules of the AAA. The Arbitrator shall expeditiously hear and decide all matters concerning the dispute. The Arbitrator shall have the power to (i) gather such materials, information, testimony and evidence as he or she deems relevant to the dispute before him or her (and each party will provide such materials, information, testimony and evidence requested by the Arbitrator, except to the extent any information so requested is subject to an attorney-client or other privilege), and (ii) grant injunctive relief and enforce specific performance. In conjunction with the arbitration proceedings, the parties shall enter into a reasonable protective order to protect the confidentiality of materials, information, testimony, and evidence that is proprietary, personal, or subject to a third-party confidentiality restriction. The decision of the Arbitrator shall be reasoned, rendered in writing, final, non-appealable and binding upon the disputing parties, parties and the parties agree that judgment upon the award may be entered by any court of competent jurisdiction; provided that the parties agree that the Arbitrator and any court enforcing the award of the Arbitrator shall not have the right or authority to award punitive or exemplary damages to any disputing party. (c) By entering into this Agreement and entering into the arbitration provisions of this Section 10.2, THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THEY ARE KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVING THEIR RIGHTS TO A JURY TRIAL. (d) Nothing in this Section 10.2 shall prohibit a party to this Agreement from instituting litigation to enforce any arbitration award or to obtain a temporary restraining order or temporary injunctive relief as contemplated by Articles VI, VII, and VIII above.

Applicable Law; Arbitration. (a) This Agreement is entered into under, and shall be governed for all purposes by, the laws of the State of [Texas] [Pennsylvania], without regard to conflicts of laws principles thereof. (b) Subject to Section 10.2(d) below, any dispute, controversy or claim between Executive and the Employer arising out of or relating to this Agreement or Executive’s employment with the Employer will be finally settled by arbitration in Canonsburg[Houston, Pennsylvania Texas] [Cannonsburg, Pennsylvania] before, and in accordance with the rules for the resolution of employment disputes then in effect of, the American Arbitration Association (“AAA”). Each side shall share equally the cost of the arbitration and bear its own costs and attorneys’ fees incurred in connection with any arbitration unless the arbitrator determines that compelling reasons exist for allocating all or a portion of such costs and fees to the other side. The arbitration award shall be final and binding on both parties. Any arbitration conducted under this Section 10.2 shall be heard by a single arbitrator (the “Arbitrator”) selected in accordance with the then-applicable rules of the AAA. The Arbitrator shall expeditiously hear and decide all matters concerning the dispute. The Arbitrator shall have the power to (i) gather such materials, information, testimony and evidence as he or she deems relevant to the dispute before him or her (and each party will provide such materials, information, testimony and evidence requested by the Arbitrator, except to the extent any information so requested is subject to an attorney-client or other privilege), and (ii) grant injunctive relief and enforce specific performance. In conjunction with the arbitration proceedings, the parties shall enter into a reasonable protective order to protect the confidentiality of materials, information, testimony, and evidence that is proprietary, personal, or subject to a third-party confidentiality restriction. The decision of the Arbitrator shall be reasoned, rendered in writing, final, non-appealable and binding upon the disputing parties, and the parties agree that judgment upon the award may be entered by any court of competent jurisdiction; provided that the parties agree that the Arbitrator and any court enforcing the award of the Arbitrator shall not have the right or authority to award punitive or exemplary damages to any disputing party. (c) By entering into this Agreement and entering into the arbitration provisions of this Section 10.2, THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THEY ARE KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVING THEIR RIGHTS TO A JURY TRIAL. (d) Nothing in this Section 10.2 shall prohibit a party to this Agreement from instituting litigation to enforce any arbitration award or to obtain a temporary restraining order or temporary injunctive relief as contemplated by Articles VI, VII, and VIII above.

Applicable Law; Arbitration. (a) This Except as otherwise provided in these Terms of Sale, this Agreement is entered into under, and shall be governed for all purposes by, by the internal laws of the State of PennsylvaniaMissouri. The parties agree that any proceedings in court or in arbitration, without whether arising in contract, warranty, tort, statute, or otherwise shall be brought exclusively in the state or federal courts located in Springfield, Missouri in regard to conflicts of laws principles thereof. (b) Subject to Section 10.2(d) belowsuits, and in Springfield, Missouri for any arbitration hearing. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY. Any dispute, controversy or claim between Executive and the Employer arising out of or relating to this Agreement or Executive’s employment with any purchase order issued by Purchaser and accepted by Seller hereunder, whether based on theories of contract, negligence, strict liability, tort, laws or regulations, warranty, or otherwise, (including, but not limited to, any dispute relating to the Employer will existence, interpretation, breach or termination hereof or thereof, or the agreement of the parties to arbitrate disputes), where the amount in controversy in the initial claim or in any counterclaim equals or exceeds $75,000.00, exclusive of interest and costs, that cannot be finally settled resolved by the parties within thirty (30) days of notification by either party of the dispute, shall be resolved by binding arbitration in Canonsburg, Pennsylvania beforeadministered by, and in accordance with the rules for the resolution Construction Industry Rules of employment disputes then in effect of, the American Arbitration Association (“AAA”)Association. Each side shall share equally the The arbitration award may be reduced to judgment by any court having jurisdiction thereof. The cost of the arbitration shall be shared equally between the parties, and each party shall bear its own costs attorney fees and attorneys’ fees incurred expenses, provided that where a party asserting a claim in connection with excess of $75,000.00 is awarded less than the sum or value of $75,000.00 computed without regard to any arbitration unless the arbitrator determines that compelling reasons exist for allocating all setoff, claim, or a portion counterclaim of such costs and fees to the other side. The arbitration award party, the party so failing to recover, shall be final and binding on both parties. Any arbitration conducted under this Section 10.2 shall be heard by a single arbitrator (bear all the “Arbitrator”) selected in accordance with the then-applicable rules fees of the AAA. The Arbitrator shall expeditiously hear arbitrator(s) and decide all matters concerning the dispute. The Arbitrator shall have the power to (i) gather such materials, information, testimony and evidence as he or she deems relevant to the dispute before him or her (and each party will provide such materials, information, testimony and evidence requested by the Arbitrator, except to the extent any information so requested is subject to an attorney-client or other privilege), and (ii) grant injunctive relief and enforce specific performance. In conjunction with the arbitration proceedings, service conducting the parties shall enter into a reasonable protective order to protect the confidentiality of materials, information, testimony, arbitration. Purchaser and evidence that is proprietary, personal, or subject to a third-party confidentiality restriction. The decision of the Arbitrator shall be reasoned, rendered in writing, final, non-appealable and binding upon the disputing parties, and the parties agree that judgment upon the award may be entered by any court of competent jurisdiction; provided that the parties Seller agree that the Arbitrator and any court enforcing the award of the Arbitrator agreement to arbitrate disputes shall not have preclude Seller from exercising lien rights available under the right laws of any state where the goods are located or authority to award punitive or exemplary damages to services performed, including filing any disputing party. (c) By entering into this Agreement and entering into the arbitration provisions of this Section 10.2, THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THEY ARE KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVING THEIR RIGHTS TO A JURY TRIAL. (d) Nothing in this Section 10.2 shall prohibit a party to this Agreement from instituting litigation suit to enforce any arbitration award its lien rights, provided that when the amount in controversy in the initial claim or to obtain a temporary restraining order or temporary injunctive relief as contemplated by Articles VI, VII, and VIII above.in any