ARBITRATION AND CONSENT TO JURISDICTION Sample Clauses

ARBITRATION AND CONSENT TO JURISDICTION. Any dispute and/or controversy relating to or arising from the interpretation and/or application of this Agreement shall be submitted at the request of the Company or entrenet to a neutral arbitrator selected by the parties from the J.A.M.S/Endispute panel Of arbitrators for a determination which shall be @ and binding as to the parties thereto. Arbitration shall take place in Santa Rosa, located in the county of Xxxxma, state of California for a determination which shall be final and binding as to the parties thereto. The decision and award of the arbitrator may include the cost of the arbitration proceedings and may include reasonable attorney fees for the successful party. The arbitration shall be conducted in accordance with California Arbitration Act (CCP Section 1280 et seq.) and not by court action except as provided by California law for the judicial review of arbitration proceedings. Nothing herein contained shall be deemed to affect the rights of any party to serve process in any manner other than as permitted by law.
Sample 1
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ARBITRATION AND CONSENT TO JURISDICTION. This is a Vermont contract and shall be construed and enforced under and be governed in all respects by the laws of the State of Vermont, without regard to the conflict of laws principles thereof. The parties each agree to promptly select a mediator and promptly mediate in good faith any controversy, claim or dispute arising between the parties hereto arising out of or related to this Agreement and its performance or any breach or claimed breach thereof. In the event that mediation does not resolve any such matter, then such matter other than any matter in which injunctive relief or other equitable relief is sought shall be definitively resolved through binding arbitration conducted in the City of Burlington, Vermont, by a panel of three (3) arbitrators in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association, provided, however, that notwithstanding anything to the contrary in such Commercial Arbitration Rules, the parties shall be entitled in the course of any arbitration conducted pursuant to this Section to seek and obtain discovery from one another to the same extent and by means of the same mechanisms authorized by Rules 27 through 37 of the Federal Rules of Civil Procedure. The power and office of the arbitrators shall arise wholly and solely from this Agreement and the then current Commercial Arbitration Rules of the American Arbitration Association. The award of the panel or a majority of them so rendered shall be final and binding, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereto. To the extent a dispute is not to be arbitrated in accordance with the foregoing, each of the Company and the Executive (i) irrevocably submits to the jurisdiction of the United States District Court of Vermont and to the jurisdiction of the state courts of Vermont (Washington County superior. District of Vermont) for the purpose of any suit or other proceeding arising out of or based upon the Agreement or the subject matter hereof and agrees that any such proceeding shall be brought or maintained only in such court, and (ii) waives, to the extent not prohibited by applicable law, and agrees not to assert in any such proceedings, any claim that it is not subject to the jurisdiction of the above-named courts, that he or it is immune from extraterritorial injunctive relief or other injunctive relief, that any such proceeding brought or maintained in a court provid...
Sample 1
ARBITRATION AND CONSENT TO JURISDICTION. Any dispute and/or controversy relating to or arising from the interpretation and/or application of this Agreement shall be submitted at the request of the Company or entrenet to a neutral arbitrator selected by the parties from the J.A.M.S/Endispute panel of arbitrators for a determination which shall be final and binding as to the parties thereto. Arbitration shall take place in Santa Xxxx, located in the county of Sonoma, state of California for a determination which shall be final and binding as to the parties thereto. The decision and award of the arbitrator may include the cost of the arbitration proceedings and may include reasonable attorney fees for the successful party. The arbitration shall be conducted in accordance with California Arbitration Act (CCP Section 1280 et seq.) and not by court action except as provided by California law for the judicial review of arbitration proceedings. Nothing herein contained shall be deemed to affect the rights of any Party to serve process in any manner other than as permitted by law.
Sample 1
ARBITRATION AND CONSENT TO JURISDICTION. (a) In the event a dispute, claim or controversy shall arise between the parties with respect to any provision of this Agreement, or the interpretation or performance hereof or thereof, and such is declared by written notice from one party to the other, the parties agree to negotiate in good faith toward resolution of the dispute. If such dispute cannot be resolved within a period of thirty (30) days after such notice is given, either party may submit the dispute to arbitration. Such dispute shall then be settled by arbitration in the City of New York, New York, under the laws of the State of New York, in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). In rendering its decision, the arbitration tribunal shall apply the substantive laws of the State of New York, apply the rules of evidence of the State of New York and interpret this Agreement in accordance with its terms. The determination of the arbitration tribunal shall be conclusive and binding upon the parties hereto. The arbitration will be decided by a panel of three (3) arbitrators, mutually acceptable to both parties, who will preside and decide the controversy or claim unless the parties hereto agree in writing to the contrary. Should the parties fail to agree on three (3) mutually acceptable arbitrators, then the parties agree to accept those mutually acceptable arbitrator(s) and such additional arbitrators appointed by the AAA as may be necessary to complete an arbitration tribunal of three (3)persons.
Sample 1
ARBITRATION AND CONSENT TO JURISDICTION. (a) The parties hereto recognize that disputes as to certain matters may from time to time arise during the term of this Agreement that relate to either party's rights and/or obligations hereunder. It is the objective of the parties to establish procedures to facilitate the resolution of disputes arising under or in connection with this Agreement, including without limitation all financial disputes (except as set forth in Section 9(f)) and any disputes as to the validity, construction, performance, default, or breach hereof, in an expedient manner by mutual cooperation and without resort to litigation. To accomplish this objective, the parties agree to follow the procedures set forth in this Section 27 if and when such disputes arise under or in connection with this Agreement between the parties. If the parties cannot resolve a dispute within fifteen (15) days of formal request by either party to the other, any party may, by written notice to the other, have such dispute referred to (i) in the case of Licensor, the Chief Executive Officer of Licensor and (ii) in the case of Licensee, the President of Unilever Foods North America, for attempted resolution by good faith negotiations. If such personnel are unable to resolve such dispute within fifteen (15) days after such notice is received, then such dispute shall be finally resolved, but only if written notice is thereafter served by one party on the other party specifically requesting binding arbitration pursuant to Section 27(b).
Sample 1
ARBITRATION AND CONSENT TO JURISDICTION. Any dispute and/or controversy relating to or arising from the interpretation and/or application of this Agreement shall be submitted at the request of the Company or entrenet to a neutral arbitrator selected by the parties from a mutually acceptable panel of arbitrators for a determination which shall be final and binding as to the parties thereto. Arbitration shall take place in the providence of Ontario, Canada. The decision and award of the arbitrator may include the cost of the arbitration proceedings and may include reasonable attorney fees for the successful party. Nothing herein contained shall be deemed to affect the rights of any Party to serve process in any manner other than as permitted by law.
Sample 1
ARBITRATION AND CONSENT TO JURISDICTION. Any dispute and/or controversy relating to or arising from the interpretation and/or application of this Agreement shall be submitted at the request of the Company or CXOC to a neutral arbitrator selected by the parties from the J.A.M.S/Endispute panel of arbitrators for a determination which shall be final and binding as to the parties thereto. Arbitration shall take place in Seattle, Washington for a determination that shall be final and binding as to the parties thereto. The decision and award of the arbitrator may include the cost of the arbitration proceedings and may include reasonable attorney fees for the successful party. Nothing herein contained shall be deemed to affect the rights of any Party to serve process in any manner other than as permitted by law.
Sample 1
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Related to ARBITRATION AND CONSENT TO JURISDICTION

  • Governing Law; Consent to Jurisdiction The corporate laws of the State of Delaware shall govern all issues concerning the relative rights of the Company and its shareholders. All other questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by the internal laws of the State of New York, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of New York or any other jurisdictions) that would cause the application of the laws of any jurisdictions other than the State of New York. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the City of New York, for the adjudication of any dispute hereunder or in connection herewith or therewith, or with any transaction contemplated hereby or discussed herein, 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 any such court, that such suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper. 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 to such party at the address for such notices to it under this Agreement 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 manner permitted by law. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR IN CONNECTION HEREWITH OR ARISING OUT OF THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED HEREBY.

  • Consent to Jurisdiction EACH PARTY HEREBY IRREVOCABLY SUBMITS TO THE NON-EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE CITY OF NEW YORK, BOROUGH OF MANHATTAN, FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR IN CONNECTION WITH ANY TRANSACTION CONTEMPLATED HEREBY, 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 ANY SUCH COURT, THAT SUCH SUIT, ACTION OR PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR THAT THE VENUE OF SUCH SUIT, ACTION OR PROCEEDING IS IMPROPER. 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 (CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED) TO SUCH PARTY AT THE ADDRESS IN EFFECT FOR NOTICES TO IT UNDER THIS AGREEMENT 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 MANNER PERMITTED BY LAW.

  • Governing Law and Consent to Jurisdiction This Agreement and the legal relations among the parties shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware, without regard to its conflict of laws rules. The Company and Indemnitee hereby irrevocably and unconditionally (i) agree that any action or proceeding arising out of or in connection with this Agreement shall be brought only in the Chancery Court of the State of Delaware (the “Delaware Court”), and not in any other state or federal court in the United States of America or any court in any other country, (ii) consent to submit to the exclusive jurisdiction of the Delaware Court for purposes of any action or proceeding arising out of or in connection with this Agreement, (iii) waive any objection to the laying of venue of any such action or proceeding in the Delaware Court, and (iv) waive, and agree not to plead or to make, any claim that any such action or proceeding brought in the Delaware Court has been brought in an improper or inconvenient forum.

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