Common use of Applicable Law; Arbitration Clause in Contracts

Applicable Law; Arbitration. (a) This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of New York, United States of America, without regard to its conflict of laws principles. (b) Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be finally resolved by arbitration in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) as at present in force. The arbitration shall take place in New York, New York and shall be conducted in the English language. The arbitration shall be conducted by three (3) arbitrators, one to be appointed by the Company, one to be appointed by AWK and a third by the two arbitrators so selected. The "appointing authority" for purposes of the UNCITRAL Rules shall be the American Arbitration Association. (c) To the extent permitted by law, the award of the arbitrators may include, without limitation, one or more of the following: a monetary award, a declaration of rights, an order of specific performance, an injunction, reformation of the contract. The decision of the arbitrators shall be final and binding upon the parties hereto, and judgment on the award may be entered in any court of competent jurisdiction. (d) Each party shall have the right to institute judicial proceedings for interim measures of protection (including without limitation injunction, attachment or sequestration of property, temporary restraining order, preliminary injunctions and other equitable relief) before or during the pendency of any arbitration proceeding hereunder, if such remedy is required to prevent irreparable harm or injury to a party. Each party (without hereby limiting its susceptibility to suit in any court) expressly submits itself and consents to the non-exclusive jurisdiction of the courts of the State of New York, and the United States federal courts located in the borough of Manhattan, New York City, New York, with respect to any such judicial proceeding. (e) The cash expenses of the arbitration (including without limitation reasonable fees and expenses of counsel, experts and consultants) shall be borne by the party against whom the decision of the arbitrators is rendered; provided that in the event a party prevails only partially, such party shall be entitled to get reimbursed for such costs and expenses in the proportion that the dollar amount successfully claimed by the prevailing party bears to the aggregate dollar amount claimed.

Applicable Law; Arbitration. (a) This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of New York, United States of America, without regard to its conflict of laws principles. (b) Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be finally resolved by arbitration in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) as at present in force. The arbitration shall take place in New York, New York and shall be conducted in the English language. The arbitration shall be conducted by three (3) arbitrators, one to be appointed by the Company, one to be appointed by AWK and a third by the two arbitrators so selected. The "appointing authority" for purposes of the UNCITRAL Rules shall be the American Arbitration Association. (c) To the extent permitted by law, the award of the arbitrators may include, without limitation, one or more of the following: a monetary award, a declaration of rights, an order of specific performance, an injunction, reformation of the contract. The decision of the arbitrators shall be final and binding upon the parties hereto, and judgment on the award may be entered in any court of competent jurisdiction. (da) Each party shall have the right to institute judicial proceedings for interim measures of protection (including without limitation injunction, attachment or sequestration of property, temporary restraining order, preliminary injunctions and other equitable relief) before or during the pendency of any arbitration proceeding hereunder, if such remedy is required to prevent irreparable harm or injury to a party. Each party (without hereby limiting its susceptibility to suit in any court) expressly submits itself and consents to the non-exclusive jurisdiction of the courts of the State of New York, and the United States federal courts located in the borough of Manhattan, New York City, New York, with respect to any such judicial proceeding. (eb) The cash expenses of the arbitration (including without limitation reasonable fees and expenses of counsel, experts and consultants) shall be borne by the party against whom the decision of the arbitrators is rendered; provided that in the event a party prevails only partially, such party shall be entitled to get reimbursed for such costs and expenses in the proportion that the dollar amount successfully claimed by the prevailing party bears to the aggregate dollar amount claimed.

Applicable Law; Arbitration. (a) This Agreement shall be governed by, and construed and enforced in accordance with, with the laws of the State of New York, United States of America, York without regard to its conflict of laws principleslaw rules thereof. (b) Any dispute, controversy All disputes between the parties hereto concerning this Agreement or claim arising out of which would otherwise require or relating allow resort to this Agreement, any court or the breach, termination or invalidity thereof, other governmental dispute resolution forum shall be finally resolved settled by binding arbitration held in New York City, New York in accordance with the Arbitration Rules rules of the United Nations Commission on International Trade Law (UNCITRAL) as at present in force. The arbitration shall take place in New York, New York and shall be conducted in the English language. The arbitration shall be conducted by three (3) arbitrators, one to be appointed by the Company, one to be appointed by AWK and a third by the two arbitrators so selected. The "appointing authority" for purposes of the UNCITRAL Rules shall be the American Arbitration Association. Association (cthe “Rules”) To and by one (1) arbitrator appointed in accordance with the extent permitted by lawRules. THE PARTIES HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT, IN AGREEING TO SUBMIT SUCH DISPUTES AND/OR CLAIMS TO ARBITRATION, EACH PARTY GIVES UP THE RIGHT TO HAVE THE DISPUTE(S) OR CLAIMS(S) HEARD IN A COURT OF LAW BY A JUDGE OR JURY. However, nothing herein shall in any way limit either party’s statutory rights and/or remedies, all of which are reserved and may be alleged in the award arbitration process. Moreover, nothing herein shall restrict any resort to any statutory agency charged with enforcing any of either party’s statutory rights and/or remedies; provided, however, that the review of any such agency’s actions shall be had before the arbitrators as discussed above and not before a judge or jury. By signing this Agreement, each of the arbitrators parties understands that each party may includenot have a jury decide any dispute or claim, without limitation, one but that any such dispute or more of claim shall be decided only by the following: a monetary award, a declaration of rights, an order of specific performance, an injunction, reformation of the contractarbitrators. The decision arbitrator shall issue a written decision, including the arbitrator’s written findings and conclusions upon which any award is based. Each party shall bear its own costs and expense of the arbitrators such arbitration. Any such award shall be final and binding upon on the parties heretothereto, and judgment on the award may be entered in any court of having competent jurisdiction. (d) Each party shall have the right to institute judicial proceedings for interim measures of protection (including without limitation injunction, attachment or sequestration of property, temporary restraining order, preliminary injunctions and other equitable relief) before or during the pendency of any arbitration proceeding hereunder, if such remedy is required to prevent irreparable harm or injury to a party. Each party (without hereby limiting its susceptibility to suit in any court) expressly submits itself and consents to the non-exclusive jurisdiction of the courts of the State of New York, and the United States federal courts located in the borough of Manhattan, New York City, New York, with respect to any such judicial proceeding. (e) The cash expenses of the arbitration (including without limitation reasonable fees and expenses of counsel, experts and consultants) shall be borne by the party against whom the decision of the arbitrators is rendered; provided that in the event a party prevails only partially, such party shall be entitled to get reimbursed for such costs and expenses in the proportion that the dollar amount successfully claimed by the prevailing party bears to the aggregate dollar amount claimed.

Applicable Law; Arbitration. 13.1. Licensee and 1inch agree to arbitrate any dispute arising from this Agreement, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS LICENSEE FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. 13.2. Licensee and 1inch agree to notify each other in writing of any dispute within thirty (a30) This Agreement days of when it arises. Notice to 1inch shall be governed by, and construed and enforced in accordance with, the laws of the State of New York, United States of America, without regard sent to its conflict of laws principlesxxxx@0xxxx.xx. (b) Any 13.3. The Licensee and 1inch shall cooperate in good faith to resolve any dispute, controversy or claim arising out of or of, relating to or in connection with this Agreement, or including with respect to the formation, applicability, breach, termination termination, validity or invalidity thereof, enforceability thereof (a “Dispute”) shall be settled in accordance with the Cayman Islands laws in the jurisdiction of the Grand Court of the Cayman Islands. If the parties are unable to resolve a Dispute within ninety (90) days of notice of such Dispute being received by all parties, such Dispute at the 1inch’s option only shall be finally settled by Binding Arbitration (as defined below). Any Dispute not resolved within ninety (90) days shall be referred to and finally resolved by arbitration in accordance with under the Arbitration Rules rules of the London Court of International Arbitration, which are deemed to be incorporated by reference into this Section, except as they may be modified herein or by mutual agreement of the parties. The number of arbitrators shall be one (1), who shall be selected by the 1inch. The seat, or legal place, of arbitration shall be London, United Nations Commission on International Trade Law (UNCITRAL) Kingdom. The language to be used in the arbitral proceedings shall be English. The governing law of this Agreement shall be as at present in forceset forth below. The arbitration shall take place in New York, New York and shall be conducted in the English language. The arbitration shall be conducted by three (3) arbitrators, one to be appointed by the Company, one to be appointed by AWK and a third by the two arbitrators so selected. The "appointing authority" for purposes of the UNCITRAL Rules shall be the American Arbitration Association. (c) To the extent permitted by law, the award of the arbitrators may include, without limitation, one or more of the following: a monetary award, a declaration of rights, an order of specific performance, an injunction, reformation of the contract. The decision of the arbitrators shall be final and binding upon on the parties hereto, (“Binding Arbitration”). The parties undertake to carry out any award without delay and judgment on waive their right to any form of recourse insofar as such waiver can validly be made. Judgment upon the award may be entered in by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The 1inch and the Licensee will each pay their respective attorneys’ fees and expenses. Any dispute arising out of competent jurisdictionor related to this Agreement is personal to the Licensee and 1inch and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which a person attempts to resolve a dispute as a representative of another person or group of persons. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other person or group of erson. (d) Each party shall have 13.4. Other than class procedures and remedies discussed below, the right arbitrator has the authority to institute judicial proceedings for interim measures of protection (including without limitation injunction, attachment or sequestration of property, temporary restraining order, preliminary injunctions grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Agreement and other equitable relief) before or during the pendency of any arbitration proceeding hereunder, if such remedy is required to prevent irreparable harm or injury to a party. Each party (without hereby limiting its susceptibility to suit in any court) expressly submits itself and consents to the non-exclusive jurisdiction laws of the courts Cayman Islands, without giving effect to any conflict of laws principles that may provide for the application of the State law of New Yorkanother jurisdiction. Whether the dispute is heard in arbitration or in court, Licensee and 1inch will not commence against the United States federal courts located in the borough of Manhattanother a class action, New York City, New York, with respect to any such judicial class arbitration or representative action or proceeding. (e) The cash expenses of the arbitration (including without limitation reasonable fees and expenses of counsel, experts and consultants) shall be borne by the party against whom the decision of the arbitrators is rendered; provided that in the event a party prevails only partially, such party shall be entitled to get reimbursed for such costs and expenses in the proportion that the dollar amount successfully claimed by the prevailing party bears to the aggregate dollar amount claimed.