Applicable Law; Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to the conflict of law provisions thereof, and the parties hereto irrevocably submit to the exclusive jurisdiction of the United States District Court for the Southern District of New York, or, if jurisdiction in such court is lacking, the Supreme Court of the State of New York, New York County, in respect of any dispute or matter arising out of or connected with this Agreement.
Applicable Law; Disputes. 13.1 This Agreement is governed by French laws and regulations.
13.2 In the event of a difficulty in the interpretation or execution of this Agreement, the PARTIES will work to resolve their dispute amicably.
13.3 In case of a disagreement persisting for more than three (3) months as of the first notification concerning the dispute by one of the PARTIES to the other, the dispute will be brought before the competent French courts.
13.4 Notwithstanding the termination or expiry of this Agreement, this Article shall remain in effect.
Applicable Law; Disputes. This Agreement is governed by the laws of the Commonwealth of Pennsylvania in the United States of America. All claims and/or controversies of every kind and nature arising out of or relating to this Agreement, including any questions concerning its existence, negotiation, validity, meaning, performance, non-performance, breach, continuance or termination shall be settled exclusively in the United States District Court for the Western District of Pennsylvania or, if such Court does not have jurisdiction, in any court of general jurisdiction in Allegheny County, Pennsylvania and each party consents to the exclusive jurisdiction of any such courts and waives any objection which such party may have to the laying of venue in any such courts.
Applicable Law; Disputes. This Agreement and the Notes shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its principles regarding conflicts of law. Each party agrees that all legal proceedings concerning the interpretation, enforcement and defense of the transactions contemplated by any of the Transaction Documents (whether brought against a party hereto or its respective Affiliates, directors, officers, shareholders, employees or agents) shall be commenced in the state and federal courts sitting in the City of New York, Borough of Manhattan (the “New York Courts”). Each party hereto hereby irrevocably submits to the exclusive jurisdiction of the New York Courts for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein (including with respect to the enforcement of any of the Transaction Documents), and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of such New York Courts, or such New York Courts are improper or inconvenient venue for such proceeding. Each party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement or the Notes and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by applicable law. Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the Notes or the transactions contemplated hereby. If any party shall commence an action or proceeding to enforce any provisions of this Agreement or the Notes, then the prevailing party in such action or proceeding shall be reimbursed by the other party for its attorney’s fees and other costs and expenses incurred in the investigation, preparation and prosecution of such action or proceeding.
Applicable Law; Disputes. 14.1 If End User is incorporated outside of France, the rights and obligations under this Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded, but such rights and obligations will instead be governed by the laws of the State of New York, United States, excluding its conflicts of law rules. If End User is incorporated in France, THIS AGREEMENT IS GOVERNED BY LAW OF FRANCE, regardless of form and claim.
14.2 If End User is incorporated outside of France, all disputes, which may arise under or in relation to this Agreement, other than a claim for equitable or injunctive relief, shall be submitted to arbitration unless mutually settled in an amicable way during the period of sixty (60) days. The arbitration shall be held in Chicago, Illinois in accordance with the Comprehensive Commercial Arbitration Rules of JAMS then in effect. The Federal Rules of Evidence shall apply to any arbitration. The arbitration shall be before one mutually agreed upon neutral arbitrator who has technical expertise relating to telecommunication and software. Each party shall bear its own costs in connection therewith, except that the prevailing party shall be entitled to recover, and the arbitrator shall be empowered to award, costs and reasonable attorneys’ fees to the prevailing party. Any arbitration award shall be in writing and shall specify the factual and legal bases for the award. The award rendered by the arbitration shall be finally binding and has fully legal effect upon the Parties hereto. If End User is incorporated in France, all disputes, which may arise under or in relation to this Agreement, other than a claim for equitable or injunctive relief, shall be submitted to arbitration unless mutually settled in an amicable way during the period of sixty (60) days. The arbitration shall be held in Paris in accordance with the Rules of Arbitration and Conciliation of International Chamber of Commerce. The arbitration panel shall consist of three (3) arbitrators who have the expertise in legal matters in respect of telecommunication and software and the arbitration shall be conducted in French language. The award rendered by the arbitration shall be finally binding and has fully legal effect upon the Parties hereto.
Applicable Law; Disputes. 31.1. The Contract which is the subject of these GTS is governed by English law, to the exclusion of its conflict in laws provision and of the 1980 Vienna Convention on the International Sale of Goods (“CISG”).
31.2. Any dispute relating to any offer issued, or any sales agreement entered into, by the Seller, which is unable to be settled out-of-court, shall be subject to the exclusive jurisdiction of the Courts of England and Wales even in the event of summary proceedings, the introduction of third parties or multiple defendants.
Applicable Law; Disputes. 18.1 The legal relationship between the Buyer and the Seller and any agreements relating to such legal relationship, shall solely be governed by the law of the Republic of Korea. The provisions of the United Nations Convention on International Purchase Agreements (CISG, Vienna, 11 April 1980) are not applicable.
18.2 All disputes between parties shall in the first instance be settled by the competent court in Seoul which shall have jurisdiction over the parties hereto, provided that the Buyer shall always be permitted to bring any action or proceeding, against Supplier in any other court of competent jurisdiction.
Applicable Law; Disputes. This Agreement is governed by the laws of the State of California. In any dispute arising out of this Agreement, the parties hereby consent to personal and exclusive jurisdiction and venue in the State and Federal Courts in Santa Xxxxx County, California.
Applicable Law; Disputes. The parties specifically agree that the U.N. Convention on the International Sale of Goods, the Uniform Computer Information Transactions Act (“UCITA”), shall not apply to any and all actions performed by either party hereunder in furtherance of this SaaS Agreement. This SaaS Agreement and all resulting claims and/or counterclaims shall be governed, construed, enforced and performed in accordance with the laws of the State of New York, United States of America, without reference and/or regard to its conflicts of laws principles. Any such dispute arising out of or in connection or associated with this SaaS Agreement shall be referred to and finally resolved by arbitration, by a single arbitrator, in accordance with the Rules of the American Arbitration Association then in force (“Arbitration”); provided, however, that either party may, at its sole discretion, seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect its proprietary or confidential information. The language used in the arbitral proceedings, and the governing language of this SaaS Agreement, shall be English. Unless otherwise mutually agreed upon in writing by the parties, the site of the Arbitration shall be in New York City, New York, U.S.
A. Judgment upon the award of the arbitration may be entered in any court having jurisdiction thereof.
Applicable Law; Disputes. This Agreement will be governed by the internal laws of the Commonwealth of Kentucky. Any dispute arising under this Agreement will be resolved by arbitration in Louisville, Kentucky, in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration award will be final and binding upon the parties, and judgment upon the award may be entered in any court having jurisdiction. In the event the Employee incurs legal fees and other expenses to enforce any rights or benefits in connection with this Agreement and is successful in enforcing such rights or benefits, the Employee will be entitled to any reasonable legal fees and expenses. Otherwise, each party will pay its own legal fees and expenses associated with any dispute.
