Common use of Applicable Law; Disputes Clause in Contracts

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. 14.1 If End User is incorporated outside of France, the rights and obligations under this Agreement will not 18.1 This XXXX shall 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 exclusively governed by the laws of the State country (on both federal and state level, when applicable) where Xxxxxxxxx Electric has its registered office or principal place of New Yorkbusiness, United States, excluding its conflicts to the exclusion of said country’s conflict of law rules. If End User is incorporated in FranceTo the extent possible, THIS AGREEMENT IS GOVERNED BY LAW OF FRANCE, regardless Xxxxxxxxx Electric and You agree that the United Nations Convention on the International Sale of form and claimGoods shall not apply to this XXXX. 14.2 If End User is incorporated outside 18.2 All disputes arising out of France, all disputes, which may arise under or in relation to connection with this Agreement, other than a claim for equitable or injunctive relief, XXXX shall be submitted to arbitration unless mutually the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in an amicable way during the period of sixty (60) daysaccordance with said Rules. The arbitration shall be held conducted in Chicago, Illinois the English language in accordance with the Comprehensive Commercial Arbitration Rules country where Xxxxxxxxx Electric has its registered office or principal place of JAMS then in effectbusiness. The Federal Rules of Evidence shall apply to any arbitration. The arbitration shall be before one mutually agreed Judgment 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 arbitrator may be entered by any court having jurisdiction thereof. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX OR THE RULES OF ARBITRATION, THE ARBITRATOR IS NOT EMPOWERED TO AWARD DAMAGES IN EXCESS OF THE COMPENSATORY DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPERT WITNESS FEES) OR IN EXCESS OF THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH IN THIS XXXX, AND EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT TO RECOVER SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, PUNITIVE DAMAGES), IN ANY FORUM. THE ARBITRATOR WILL BE REQUIRED TO FOLLOW THE APPLICABLE LAW AS SET FORTH IN SECTION 18.1 AND FOLLOW THE TERMS OF THIS XXXX. The arbitrator may award equitable relief in those circumstances where monetary damages would be inadequate. The successful or prevailing party will be entitled to recover its reasonable attorneys’ fees, expert witness fees and other costs of arbitration, in addition to such other relief to which it may be entitled. 18.3 You acknowledge and accept that Xxxxxxxxx Electric will be irreparably damaged (and damages at law may be an inadequate remedy) if You breach any provision of this XXXX and such provision is not specifically enforced. Therefore, in the event of a breach or threatened breach by You of this XXXX, Xxxxxxxxx Electric shall be finally binding and has fully legal effect upon entitled, in addition to all other rights or remedies, to (a) an injunction or other injunctive relief restraining such breach, without being required to show any actual damage or to post an injunction or other bond; or (b) a decree for specific performance of the Parties hereto. If End User is incorporated in France, all disputes, which may arise under or in relation to applicable provision of this Agreement; or (c) both to the extent permitted by applicable law in the country where Xxxxxxxxx Electric has its registered office or principal place of business and/or, other than a claim for equitable as relevant in the context, where You will install, copy, run or injunctive reliefotherwise use the Software Product, 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 heretoon either federal or state level when applicable.

Applicable Law; Disputes. 14.1 If End User is incorporated outside of France, the rights and obligations under this Agreement will not 18.1 This XXXX shall 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 exclusively governed by the laws of the State country (on both federal and state level, when applicable) where Xxxxxxxxx Electric has its registered office or principal place of New Yorkbusiness, United States, excluding its conflicts to the exclusion of said country’s conflict of law rules. If End User is incorporated in FranceTo the extent possible, THIS AGREEMENT IS GOVERNED BY LAW OF FRANCE, regardless Xxxxxxxxx Electric and You agree that the United Nations Convention on the International Sale of form and claimGoods shall not apply to this XXXX. 14.2 If End User is incorporated outside 18.2 All disputes arising out of France, all disputes, which may arise under or in relation to connection with this Agreement, other than a claim for equitable or injunctive relief, XXXX shall be submitted to arbitration unless mutually the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in an amicable way during the period of sixty (60) daysaccordance with said Rules. The arbitration shall be held conducted in Chicago, Illinois the English language in accordance with the Comprehensive Commercial Arbitration Rules country where Xxxxxxxxx Electric has its registered office or principal place of JAMS then in effectbusiness. The Federal Rules of Evidence shall apply to any arbitration. The arbitration shall be before one mutually agreed Judgment 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 arbitrator may be entered by any court having jurisdiction thereof. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX OR THE RULES OF ARBITRATION, THE ARBITRATOR IS NOT EMPOWERED TO AWARD DAMAGES IN EXCESS OF THE COMPENSATORY DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPERT WITNESS FEES) OR IN EXCESS OF THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH IN THIS XXXX, AND EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT TO RECOVER SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, PUNITIVE DAMAGES), IN ANY FORUM. THE ARBITRATOR WILL BE REQUIRED TO FOLLOW THE APPLICABLE LAW AS SET FORTH IN SECTION 18.1 AND FOLLOW THE TERMS OF THIS XXXX. The arbitrator may award equitable relief in those circumstances where monetary damages would be inadequate. The successful or prevailing party will be entitled to recover its reasonable attorneys’ fees, expert witness fees and other costs of arbitration, in addition to such other relief to which it may be entitled. 18.3 You acknowledge and accept that Xxxxxxxxx Electric will be irreparably damaged (and damages at law may be an inadequate remedy) if You breach any provision of this XXXX and such provision is not specifically enforced. Therefore, in the event of a breach or threatened breach by You of this XXXX, Xxxxxxxxx Electric shall be finally binding and has fully legal effect upon entitled, in addition to all other rights or remedies, to (a) an injunction or other injunctive relief restraining such breach, without being required to show any actual damage or to post an injunction or other bond; or (b) a decree for specific performance of the Parties hereto. If End User is incorporated in France, all disputes, which may arise under or in relation to applicable provision of this Agreement; or (c) both to the extent permitted by applicable law in the country where Xxxxxxxxx Electric has its registered office or principal place of business and/or, other than a claim for equitable as relevant in the context, where You will install, copy, run or injunctive reliefotherwise use the Software Product, 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 heretoon either federal or state level when applicable.

Applicable Law; Disputes. 14.1 If End User is incorporated outside of France, the rights and obligations under this Agreement will not 18.1 This XXXX shall 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 exclusively governed by the laws of the State country (on both federal and state level, when applicable) where Xxxxxxxxx Electric has its registered office or principal place of New Yorkbusiness, United States, excluding its conflicts to the exclusion of said country’s conflict of law rules. If End User is incorporated in FranceTo the extent possible, THIS AGREEMENT IS GOVERNED BY LAW OF FRANCE, regardless Xxxxxxxxx Electric and You agree that the United Nations Convention on the International Sale of form and claimGoods shall not apply to this XXXX. 14.2 If End User is incorporated outside 18.2 All disputes arising out of France, all disputes, which may arise under or in relation to connection with this Agreement, other than a claim for equitable or injunctive relief, XXXX shall be submitted to arbitration unless mutually the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in an amicable way during the period of sixty (60) daysaccordance with said Rules. The arbitration shall be held conducted in Chicago, Illinois the English language in accordance with the Comprehensive Commercial Arbitration Rules country where Xxxxxxxxx Electric has its registered office or principal place of JAMS then in effectbusiness. The Federal Rules of Evidence shall apply to any arbitration. The arbitration shall be before one mutually agreed Judgment 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 arbitrator may be entered by any court having jurisdiction thereof. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS XXXX OR THE RULES OF ARBITRATION, THE ARBITRATOR IS NOT EMPOWERED TO AWARD DAMAGES IN EXCESS OF THE COMPENSATORY DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPERT WITNESS FEES) OR IN EXCESS OF THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH IN THIS XXXX, AND EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT TO RECOVER SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, PUNITIVE DAMAGES), IN ANY FORUM. THE ARBITRATOR WILL BE REQUIRED TO FOLLOW THE APPLICABLE LAW AS SET FORTH IN SECTION 18.1 AND FOLLOW THE TERMS OF THIS XXXX. The arbitrator may award equitable relief in those circumstances where monetary damages would be inadequate. The successful or prevailing party will be entitled to recover its reasonable attorneys’ fees, expert witness fees and other costs of arbitration, in addition to such other relief to which it may be entitled. 18.3 You acknowledge and accept that Xxxxxxxxx Electric will be irreparably damaged (and damages at law may be an inadequate remedy) if You breach any provision of this XXXX and such provision is not specifically enforced. Therefore, in the event of a breach or threatened breach by You of this XXXX, Xxxxxxxxx Electric shall be finally binding and has fully legal effect upon the Parties hereto. If End User is incorporated entitled, in Franceaddition to all other rights or remedies, all disputesto (a) an injunction or other injunctive relief restraining such breach, which may arise under without being required to show any actual damage or in relation to this Agreement, post an injunction or 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.bond; or