Common use of ARBITRATION AND DISPUTE RESOLUTION Clause in Contracts

ARBITRATION AND DISPUTE RESOLUTION. For Partners whose Authorized Territory(ies), in accordance with the terms of this Agreement, is located outside of the United States (or, in the event no Authorized Territory has been designated, then for Partners whose primary place of business is located outside of the United States), except as otherwise expressly provided in this Agreement, all disputes, controversies, or claims, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory arising out of or relating to this Agreement, its interpretation, or enforcement not resolved amicably by the parties shall be resolved by arbitration in accordance with the then current JAMS International Arbitration Rules and conducted by one or more arbitrators appointed in accordance with such Rules. The arbitration shall be conducted in the English language and at Ruckus’ offices located at 000 X Xxxx Xxxxx, filings, documents, and other information produced or given in connection with the arbitration shall be treated as Confidential Information, except as may be necessary to enter any arbitration ruling in a court of competent jurisdiction or as otherwise may be required by law. Notwithstanding the foregoing, either party may commence a suit in any jurisdiction to enforce an arbitration award or judgment obtained pursuant to this Section or to seek the emergency or injunctive relief provided for herein (including, without limitation, this Section). In the event of the commencement of any suit in the courts of California the parties hereby waive any defense based on a lack of personal jurisdiction, improper venue, or the inconvenience of the forum. Partner acknowledges that in the event of a breach or threatened breach of any of the covenants contained in Sections 2 (Licenses to Partner), 11.1 (Confidentiality) and 11.9 (Arbitration and Dispute Resolution) Ruckus shall be entitled without prior notice, to seek injunctive relief to enforce Partner’s compliance with such covenants. Furthermore, nothing in this Agreement shall preclude either party from seeking specific performance or other equitable relief including, but not limited to, temporary restraining orders and preliminary injunctions from a court of competent jurisdiction to protect its rights or prevent harm pending the obtaining of an arbitration ruling, nor shall anything herein prevent Xxxxxx from seeking monetary damages from any court of competent jurisdiction for monies owed to it hereunder.

ARBITRATION AND DISPUTE RESOLUTION. For Partners whose Authorized Territory(ies), in accordance with the terms of this Agreement, is located outside of the United States (or, in the event no Authorized Territory has been designated, then for Partners whose primary place of business is located outside of the United States), except as otherwise expressly provided in this Agreement, all disputes, controversies, or claims, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory arising out of or relating to this Agreement, its interpretation, or enforcement not resolved amicably by the parties shall be resolved by arbitration in accordance with the then current JAMS International Arbitration Rules and conducted by one or more arbitrators appointed in accordance with such Rules. The arbitration shall be conducted in the English language and at Ruckus’ offices located at 000 X Xxxx Xxxxx, filings, documents, and other information produced or given in connection with the arbitration shall be treated as Confidential Information, except as may be necessary to enter any arbitration ruling in a court of competent jurisdiction or as otherwise may be required by law. Notwithstanding the foregoing, either party may commence a suit in any jurisdiction to enforce an arbitration award or judgment obtained pursuant to this Section or to seek the emergency or injunctive relief provided for herein (including, without limitation, this Section). In the event of the commencement of any suit in the courts of California the parties hereby waive any defense based on a lack of personal jurisdiction, improper venue, or the inconvenience of the forum. Partner acknowledges that in the event of a breach or threatened breach of any of the covenants contained in Sections 2 (Licenses to Partner), 11.1 (Confidentiality) and 11.9 (Arbitration and Dispute Resolution) Ruckus shall be entitled without prior notice, to seek injunctive relief to enforce Partner’s compliance with such covenants. Furthermore, nothing in this Agreement shall preclude either party from seeking specific performance or other equitable relief including, but not limited to, temporary restraining orders and preliminary injunctions from a court of competent jurisdiction to protect its rights or prevent harm pending the obtaining of an arbitration ruling, nor shall anything herein prevent Xxxxxx Ruckus from seeking monetary damages from any court of competent jurisdiction for monies owed to it hereunder.

ARBITRATION AND DISPUTE RESOLUTION. For Partners whose Authorized Territory(ies)THE PARTIES WAIVE THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING ANY RIGHT TO A JURY TRIAL, WITH RESPECT TO ANY DISPUTE CONCERNING DETERMINATION OF THE ADJUSTMENTS TO THE PURCHASE PRICE UNDER SECTIONS 1.5(a) AND 1.7 ONLY. The parties agree that in the event Buyer and the Shareholders' Representative are unable to resolve a dispute concerning determination of the Adjustments to the Purchase Price, such dispute shall be resolved exclusively by arbitration to be conducted in O'Neill, Nebraska in accordance with the terms provisions of this AgreementNebraska statutes for arbitration of civil disputes. Either party may appoint an arbitrator and give notice to the other party. Within ten (10) days of receipt of such notice the other party shall appoint an arbitrator and the two arbitrators so appointed shall, is located outside within ten (10) days of appointment of the United States second arbitrator, appoint a third arbitrator. All three arbitrators shall be attorneys or certified public accountants with at least ten (or, 10) years experience in the event no Authorized Territory has been designated, then for Partners whose primary place handling of business is located outside sales and acquisitions of a similar nature to the United States), except as otherwise expressly provided in this Agreement, all disputes, controversies, or claims, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory arising out of or relating to this Agreement, its interpretation, or enforcement not resolved amicably by the parties present transaction. The three arbitrators shall conduct a hearing and shall issue an award which shall be resolved by arbitration in accordance with final and binding on the then current JAMS International Arbitration Rules and conducted by one or more arbitrators appointed in accordance with such Rules. The arbitration shall be conducted in the English language and at Ruckus’ offices located at 000 X Xxxx Xxxxx, filings, documentsparties, and other information produced or given in connection with the arbitration shall be treated as Confidential Information, except as judgment may be necessary to enter any arbitration ruling entered on it in a court of competent jurisdiction or as otherwise may be required by law. Notwithstanding the foregoing, either party may commence a suit in any jurisdiction to enforce an arbitration award or judgment obtained pursuant to this Section or to seek the emergency or injunctive relief provided for herein (including, without limitation, this Section). In the event of the commencement of any suit in the courts of California the parties hereby waive any defense based on a lack of personal jurisdiction, improper venue, or the inconvenience of the forum. Partner acknowledges that in the event of a breach or threatened breach of any of the covenants contained in Sections 2 (Licenses to Partner), 11.1 (Confidentiality) and 11.9 (Arbitration and Dispute Resolution) Ruckus shall be entitled without prior notice, to seek injunctive relief to enforce Partner’s compliance with such covenants. Furthermore, nothing in this Agreement shall preclude either party from seeking specific performance or other equitable relief including, but not limited to, temporary restraining orders and preliminary injunctions from a court of competent jurisdiction to protect its rights or prevent harm pending the obtaining of an arbitration ruling, nor shall anything herein prevent Xxxxxx from seeking monetary damages from any court of competent jurisdiction for monies owed as otherwise provided by law. In no event shall the arbitrators award punitive damages. The preceding portion of this Section does not apply to it hereunderany dispute relating to any other provision of the Agreement, or to any other aspect of the transactions contemplated herein, and such other disputes may be resolved by the parties by any means available, including without limitation court action and a jury trial. The parties expressly do not waive any right to pursue any remedy available with respect to any dispute other than one concerning determination of the adjustments to the Purchase Price under Sections 1.5(a) and 1.7, and expressly do not waive the right to trial with respect any other dispute.