ARBITRATION; CHOICE OF LAW. This Agreement shall be governed by California law, without regard to principles of conflicts of laws. Any dispute relating to this Agreement shall be subjected to binding arbitration in Santa Xxxxx County, California in accordance with the then effective rules of the American Arbitration Association (the "AAA"). The arbitration shall occur before an arbitrator, as selected and reasonably agreed upon by the Parties; provided that if the Parties cannot agree upon an arbitrator then the rules of the AAA with respect to selection of arbitrators shall govern. The costs of the arbitration are to be borne equally by the Parties, except that each Party shall bear its own attorneys' fees. The decision of the arbitrator shall be final and binding, set forth in an opinion, and enforceable by any court of competent jurisdiction. The prevailing Party shall be entitled to reimbursement of its attorneys' fees and costs. Nothing herein shall preclude the Parties from submitting any dispute or claim at any time to mediation upon mutual consent of the Parties.
ARBITRATION; CHOICE OF LAW. Venue; and Attorney’s Fees. Any controversy or claim arising out of or relating to this Lease, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration rules and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be in Hartford County in the State of Connecticut. This Lease shall be governed by and interpreted in accordance with the laws of the State of Connecticut, excluding its conflict of law principles. All fees and expenses shall be borne by the parties equally. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation of proofs. The prevailing party shall be entitled to an award of reasonable attorney’s fees and costs and the arbitrator(s) shall be authorized to award such amounts. POSTAGE METER RENTAL AGREEMENT
ARBITRATION; CHOICE OF LAW. This Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the parties hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of California without regard to principles of conflict of laws. In the event of a dispute, the parties agree to binding arbitration in Orange County, California under the Rules of Comprehensive Arbitration before the Judicial Arbitration and Mediation Service ("JAMS"). The prevailing party shall be entitled to recover reasonable attorney fees and costs.
ARBITRATION; CHOICE OF LAW. (a) Any dispute, controversy, difference or claim arising out of or in connection with this Agreement, or the breach, termination or validity thereof, which cannot be amicably resolved by the parties within thirty (30) calendar days after receipt by a party of written notice from any other party that such a dispute, controversy, difference or claim exists shall be settled by final and binding arbitration conducted in Atlanta, Georgia in accordance with the International Arbitration Rules of the American Arbitration Association (the "AAA Rules"). The disputes shall be settled by three arbitrators; the Buyer Group and the Seller Group each shall select an arbitrator, which two arbitrators shall then select the third arbitrator and appoint the presiding arbitrator. Should the third arbitrator fail to be appointed within thirty (30) calendar days after the date of the appointment of the last arbitrator selected by the Buyer Group and the Seller Group, the American Arbitration Association domiciled in Atlanta, Georgia, may choose any person whom it deems suitable. In the event that either the Buyer Group or the Seller Group fails to nominate its respective arbitrator within thirty (30) calendar days of receipt of notice for arbitration issued by the other, such arbitrator shall be nominated by the American Arbitration Association upon request.
ARBITRATION; CHOICE OF LAW. Executive acknowledges that any and all claims arising under the Employment Agreement or this Agreement are subject to the arbitration provisions of Section 18 of the Employment Agreement. Executive and the Company acknowledge and agree that this Agreement shall be interpreted in accordance with Arizona law excluding Arizona’s choice of law rules.
ARBITRATION; CHOICE OF LAW. This Agreement shall be deemed to have been executed and delivered within the State of Florida, and the rights and obligations of the parties hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida without regard to principles of conflict of laws. In the event of a dispute, the parties agree to arbitrate all claims related to this Agreement before a single arbitrator in Miami-Dade County, Florida under the Rules of the American Arbitration Association.
ARBITRATION; CHOICE OF LAW. (a) Any dispute, controversy or claim -------------------------- whether based on contract, tort, statute or other legal theory (including, but not limited to, any claim of fraud or misrepresentation), arising out of or related to this Agreement, or any subsequent agreement between the parties, shall be fully and finally resolved by arbitration pursuant to this Section 13.10 and the then-current commercial rules and supervision of the American Arbitration Association (the "AAA"). The duty to arbitrate shall extend to any officer, employee, shareholder, principal, agent, trustee in bankruptcy or otherwise, affiliate, subsidiary, or guarantor of a party hereto making or defending any claim that would otherwise be arbitrable hereunder.
ARBITRATION; CHOICE OF LAW. (a) Any dispute, controversy or claim whether based on contract, tort, statute or other legal theory (including, but not limited to, any claim of fraud or misrepresentation), arising out of or related to this Agreement, or any subsequent agreement between the parties, shall be fully and finally resolved by arbitration pursuant to this Section 13.10 and the then-current commercial rules and supervision of the American Arbitration Association (the "AAA"). The duty to arbitrate shall extend to any officer, employee, shareholder, principal, agent, trustee in bankruptcy or otherwise, affiliate, subsidiary, or guarantor of a party hereto making or defending any claim that would otherwise be arbitrable hereunder. (b) Prior to demanding arbitration, the parties shall first in good faith consult among appropriate officers of DVS and Hyundai, which officers shall begin promptly after one party has delivered to the other a written request for consultation in accordance with the notice provisions contained in Section 13.7 hereof. At any time thereafter, either party may request in writing, in accordance with the notice provisions set forth in Section 13.7 hereof, that the dispute be referred to appropriate senior officers of DVS and Hyundai. Within ten business days after such request, such senior officers shall meet and attempt in good faith to resolve the dispute. Neither DVS or Hyundai shall file a demand for arbitration until 15 business days after a request is made for such meeting. (c) Any arbitration occurring pursuant to this Section 13.10 shall be held in San Jose, California, USA before three arbitrators, one of which shall be selected by Hyundai, one of which shall be selected by DVS and one of which shall be selected by the arbitrators selected by Hyundai and DVS, respectively. The decision, and award, if any, of such arbitrators shall be final and binding upon each of DVS and Hyundai. DVS and Hyundai agree that the arbitrators shall not have the power to award punitive damages. DVS and Hyundai agree that in order to prevent irreparable harm to the party claiming harm, such arbitrators may grant temporary or permanent injunctive or other equitable relief for in order to protect the intellectual property rights of any party. (d) Issues of arbitrability shall be determined in accordance with any applicable federal substantive and procedural laws. All other aspects of this Agreement shall be interpreted in accordance with, and the arbitrators shall apply and ...
ARBITRATION; CHOICE OF LAW. (a) Any dispute, controversy or claim, whether based on contract, tort, statute or other legal theory (including, but not limited to, any claim of fraud or misrepresentation), arising out of or related to this Agreement, shall be resolved by arbitration pursuant to this Section 9.5 and the then-current Commercial Rules and supervision of the American Arbitration Association. The duty to arbitrate shall extend to any officer, employee, shareholder, principal, agent, trustee in bankruptcy or otherwise, affiliate, subsidiary, third-party beneficiary or guarantor, of a party hereto making or defending any claim which would otherwise be arbitrable hereunder.
ARBITRATION; CHOICE OF LAW. (a) Any dispute, controversy or claim, whether based on contract, tort, statute or other legal theory, arising out of or related to this Agreement, or any subsequent agreement between the parties, shall be resolved by arbitration pursuant to this Section 9.5 and the then-current Commercial Rules and supervision of the American Arbitration Association. The duty to arbitrate shall extend to any officer, employee, shareholder, principal, agent, trustee in bankruptcy or otherwise, affiliate, subsidiary, third-party beneficiary or guarantor, of a party hereto making or defending any claim which would otherwise be arbitrable hereunder. Notwithstanding the foregoing, any party hereto shall have the right to seek equitable relief independently, including, but not limited to, temporary restraining orders, provisional and/or permanent injunctive relief, specific performance or any other equitable remedy as may be appropriate to enforce or prevent the violation of any of the terms and conditions of this Agreement.
