Arbitration, Jurisdiction and Venue. (a) Any dispute, controversy, or claim arising out of or in relation to this Agreement, including the validity, invalidity, breach, or termination thereof, shall be exclusively resolved by arbitration in accordance with rules of arbitration of the American Arbitration Association in force on the date when the request for arbitration is submitted in accordance with such rules. The number of arbitrators shall be three (3), appointed in accordance with said rules. The seat of the arbitration shall be New York, New York, United States. The arbitration proceedings shall be conducted in the English language.
(b) The Parties hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New York and of the United States of America located in New York County for any actions, suits or proceedings arising out of or relating to this Agreement (and agree not to commence any action, suit or proceeding relating thereto except in such courts, and further agree that service of any process, summons, notice or document by U.S. registered mail to their respective addresses set forth above shall be effective service of process for any action, suit or proceeding brought against any such Party in any such court). The Parties hereby irrevocably and unconditionally waive any objection that any such Party may now or hereafter have to the laying of venue of any action, suit or proceeding arising out of or relating to this Agreement in the courts of the State of New York or the United States of America located in New York County, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. THE PARTIES FURTHER IRREVOCABLY AND UNCONDITIONALLY WAIVE THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION, SUIT OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. For the avoidance of doubt, the Parties agree that any dispute, controversy or claim shall be resolved, in the first instance, pursuant to the arbitration procedures set forth above.
(c) The Purchasers hereby irrevocably appoint CT Corporation (the “Process Agent”), at 000 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (212-894-8940), as their agent and true and lawful attorney-in-fact in its name, place and stead, and MSDC irrevocably authorizes the office identified as its address for Notices in accordance with Section ...
Arbitration, Jurisdiction and Venue. 18.1 Except as otherwise provided in this Section 18, any cause of action or claim arising out of or related to this Agreement (including any claim that either party has violated this Agreement or regarding its enforceability) will be determined through final and binding arbitration, including in accordance with Northrop Grumman Corporate Procedure H103A.
18.2 The Company and Xx. Xxxxx agree that any arbitration hearing and related proceedings shall be convened and conducted in Falls Church, VA.
18.3 The Company and Xx. Xxxxx agree that the prevailing party in the arbitration shall be entitled to receive from the losing party reasonably incurred attorneys’ fees and costs, except in any challenge by Xx. Xxxxx to the validity of this Agreement under the Age Discrimination in Employment Act and/or Older Workers Benefit Protection Act.
18.4 If the Company or Xx. Xxxxx believes they require immediate relief to enforce or challenge this Agreement, before arbitration is commenced or concluded, either party may seek injunctive or other provisional equitable relief from state or federal court in the Commonwealth of Virginia. Either party may also proceed in state or federal court in the Commonwealth of Virginia to compel arbitration or to enforce an arbitration award under this Agreement. All court actions or proceedings arising under this Agreement shall be heard in state or federal court in the Commonwealth of Virginia. The Company and Xx. Xxxxx hereby waive any right to object to such actions on grounds of venue, jurisdiction
Arbitration, Jurisdiction and Venue. Any dispute involving the interpretation or application of any provision of this Agreement or any matter relating to the operation of the Partnership shall be submitted to binding arbitration in New York, New York or Wilmington, Delaware, in accordance with the rules of the American Arbitration Association to the extent not inconsistent with the Delaware Uniform Arbitration Act, 10 Del. Co., Section 5701, et seq. Any action to compel arbitration or enforce an arbitration award may be brought in the United States District Court for the District of Delaware or any Delaware State Court having jurisdiction over the subject matter of the dispute or matter. All Partners hereby consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding.
Arbitration, Jurisdiction and Venue. Except as provided below, any dispute or claim between the parties shall be finally settled by binding arbitration in Seattle, Washington under the Rules of the American Arbitration Association by a single arbitrator who is knowledgeable about the development, distribution, and licensing of computer software or technology, as appropriate. In resolving all such disputes, the arbitrator shall apply the law of the State of Washington as more fully set forth in Section 16. Developer may, however, at its option, seek a temporary restraining order, preliminary injunction, permanent injunction and any other form of equitable relief from any court having jurisdiction over the subject matter and personal jurisdiction over Distributor. Distributor hereby consents to and submits to the jurisdiction of federal and state courts located in the State of Washington. Should any such action be commenced in the State of Washington, Distributor agrees not to assert, and hereby waives, any defenses based on improper venue, inconvenience of the forum, lack of personal jurisdiction or sufficiency of service of process or the like. Distributor hereby appoints the Secretary of State of the State of Washington as Distributor's agent for service of process.
Arbitration, Jurisdiction and Venue. (a) Except as provided in Section 9.11(b), any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be three. The seat of arbitration shall be Helsinki. The language of the arbitration shall be English.
(b) Any action, suit, dispute or proceeding arising out of, in connection with, or relating in any way to this Agreement and the transactions contemplated hereby, whether in contract, tort, common law, statutory law, equity, or otherwise, including any question regarding its existence, validity, or scope (any “Dispute”) relating to Section 4.1 will be brought and resolved in the U.S. District Court for the Southern District of New York or, in the absence of jurisdiction in such court, by the Supreme Court of the State of New York sitting in New York County, and in the appellate courts having jurisdiction of appeals in such courts (collectively, the “New York Courts”). In that context, and without limiting the generality of the foregoing, each party irrevocably and unconditionally: (i) submits for itself and its property to the exclusive jurisdiction of the New York Courts with respect to any Dispute and for recognition and enforcement of any judgment in respect thereof, and agrees that all claims in respect of any Dispute shall be heard and determined in the New York Courts; (ii) agrees that venue would be proper in the New York Courts, and waives any objection that it may now or hereafter have that any New York Court is an improper or inconvenient forum for the resolution of any Dispute; and (iii) agrees that the mailing by certified or registered mail, return receipt requested, to the Persons listed in Section 9.5 of any process required by any New York Court, will be effective service of process.
(c) Nothing herein will be deemed to prevent a party from making service of process by any means authorized by the laws of Finland (or the laws of the State of New York with respect to Section 4.1). The foregoing consent to jurisdiction will not constitute submission to jurisdiction or general consent to service of process in Finland or the State of New York for any purpose except with respect to any Dispute.
(d) EACH PARTY HERETO ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE HEREUNDER IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ...
Arbitration, Jurisdiction and Venue. (i) THE PARTIES HAVE AGREED TO THE RESOLUTION BY ARBITRATION OF ALL CLAIMS PURSUANT TO THE ARBITRATION COVENANT AS SET FORTH IN THE STOCK PURCHASE AGREEMENT, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE.
(ii) IN THE EVENT THE ARBITRATION COVENANT IS FOUND UNENFORCEABLE OR INAPPLICABLE TO ANY LEGAL ACTION WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE ARISING OUT OF, CONNECTED WITH, RELATED TO, OR IN CONNECTION WITH THIS AGREEMENT, SUCH LEGAL ACTION SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF THE STATE OF FLORIDA, COUNTY OF DADE, OR, IF IT HAS OR CAN ACQUIRE JURISDICTION, IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, AND THE PARTIES CONSENT TO THE JURISDICTION OF SUCH COURTS (AND THE APPROPRIATE APPELLATE COURTS) IN ANY SUCH LEGAL ACTION AND WAIVE ANY OBJECTION TO VENUE LAID THEREIN.
Arbitration, Jurisdiction and Venue. 14.1 Except as otherwise provided in this Section 14, with respect to any cause of action or claim arising out of or related to this Agreement (including any claim that either party has violated this Agreement or regarding its enforceability), the parties will attempt to resolve the dispute through mediation. If the parties are unsuccessful in voluntarily resolving the dispute through mediation within 3 months, the parties agree that the cause of action or claim arising out of this Agreement will be determined through final and binding arbitration, rather than through litigation in court.
Arbitration, Jurisdiction and Venue. Any controversy or claim between the parties arising out of or relating to this Agreement or any alleged breach thereof shall be resolved by arbitration conducted in greater Seattle, Washington in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect by a single arbitrator knowledgeable about the 14 development, distribution and licensing of computer software. Either party may submit such controversy or claim for arbitration by giving written notice. The arbitrator shall apply the law of the State of California as more fully set forth in Section 15.05. The decision of the arbitrator, including, without limitation, with respect to specific performance of this Agreement shall be final and binding upon the parties. The parties may seek from the court a provisional remedy in connection with an arbitrable controversy or claim and such application to the court shall not waive any right of arbitration. The prevailing party in any such arbitration shall be entitled to recover from the non prevailing party in addition to all other relief, all reasonable costs and expenses, including, without limitation, attorneys fees and expert witness fees, actually incurred by such party in connection with such arbitration. Each of the parties, by executing this Agreement, unconditionally submits to the jurisdiction of the courts of the State of Washington and of the United States with respect to the enforcement of this provision or any arbitration award hereunder and agrees to accept service of process in California.
Arbitration, Jurisdiction and Venue. With respect to any controversy, argument or claim arising out of or relating to this Agreement, or any breach thereof (including, but not limited to, a request for emergency relief), the parties hereby consent to the exclusive jurisdiction of the Court of Common Pleas of Xxxxxxxxxx County, Pennsylvania or the Federal District Court for the Eastern District of Pennsylvania and waive personal service of any and all process upon them and consent that all such service of process made by registered or certified mail directed to them at the address stated herein and service so made shall be deemed to be completed five (5) days after mailing. The parties waive trial by jury and waive any objection to jurisdiction and venue of any action instituted hereunder, agree not to assert any defense based on lack of jurisdiction or venue and consent to the granting of such legal or equitable relief as is deemed appropriate by the court, including, but not limited to, any emergency relief, injunctive or otherwise. However, anything to the contrary notwithstanding, except with respect to emergency relief, Buyer shall have the sole and exclusive option and discretion to have any controversy, argument or claim arising out of or relating to this Agreement, or any breach thereof, settled in Philadelphia, Pennsylvania in accordance with the Rules of the American Arbitration Association (as modified below), and judgement upon the award may be entered in any Court having jurisdiction thereof. The arbitration panel shall be made up of three members which shall be appointed: one by Buyer, one by Seller and the third by the first two arbitrators. Each arbitrator shall be a lawyer experienced in matters relating to real estate and mortgage banking. Discovery shall be permitted in connection with the arbitration proceeding within the reasonable discretion of the arbitration panel. The decision (award) shall be in writing and shall set forth the rationale and legal basis therefor, and such decision may be appealed by either party if the party believes that the written decision (award) is based upon an error of law. The facts determined by the original panel will be final and no appeal of such findings may be made. Such appeal shall be taken to a three-member arbitration panel, the members of which shall be selected in accordance with the above-described procedures, and the panel's review shall be limited to the application of the statutory and decisional law of the Commonwealth of Penns...
Arbitration, Jurisdiction and Venue. (a) Any dispute between Licensor and Licensee under or related to this agreement shall, subject to paragraph (b), below, be resolved by binding arbitration in Jacksonville, Florida, pursuant to the rules, then obtaining, of the American Arbitration Association. Upon the request of either party upon initiation of arbitration on any issue, or upon request of either party made within 10 days after receiving demand for arbitration as to /s/ [ILLEGIBLE] TTL Inventor /s/ [ILLEGIBLE] --------------- ---------------
