Common use of Belarus and Russia Clause in Contracts

Belarus and Russia. If the requirements in Section 8.3 of the Agreement for Texas governing law and exclusive venue in Texas are held invalid or unenforceable, the laws of Austria shall apply to this Agreement and jurisdiction for all disputes shall be a competent court of law in (Inner-City) Vienna, Austria. If the requirements in Section 8.6 of the Agreement to conduct an arbitration in Texas in accordance with Texas law and the rules of the Federal Arbitration Act or the Commercial Arbitration Rules of the American Arbitration Association are found to be invalid or unenforceable, all disputes arising out of or related to this Agreement or its termination, severability or nullity will be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Center of the Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators appointed in accordance with these rules. The arbitration will be held in Vienna, Austria. The official language of the proceedings shall be English. The final decision of the arbitrators shall be binding. Therefore, pursuant to paragraph 598(2) of the Austrian Code of Civil Procedure, the parties expressly waive the application of paragraph 595 (1) figure 7 of the Code. LifeSize may, however, institute proceedings in a competent court in the country of installation. Any other requirements set forth in Section 8.6 of the Agreement shall remain in full force and effect to the extent permitted by applicable law.

Appears in 3 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

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Belarus and Russia. If the requirements in Section 8.3 10.3 of the Agreement for Texas governing law and exclusive venue in Texas are held invalid or unenforceable, the laws of Austria shall apply to this Agreement and jurisdiction for all disputes shall be a competent court of law in (Inner-City) Vienna, Austria. If the requirements in Section 8.6 10.6 of the Agreement to conduct an arbitration in Texas in accordance with Texas law and the rules of the Federal Arbitration Act or the Commercial Arbitration Rules of the American Arbitration Association are found to be invalid or unenforceable, all disputes arising out of or related to this Agreement or its termination, severability or nullity will be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Center of the Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators appointed in accordance with these rules. The arbitration will be held in Vienna, Austria. The official language of the proceedings shall be English. The final decision of the arbitrators shall be binding. Therefore, pursuant to paragraph 598(2) of the Austrian Code of Civil Procedure, the parties expressly waive the application of paragraph 595 (1) figure 7 of the Code. LifeSize Lifesize may, however, institute proceedings in a competent court in the country of installation. Any other requirements set forth in Section 8.6 10.6 of the Agreement shall remain in full force and effect to the extent permitted by applicable law.

Appears in 1 contract

Samples: End User License Agreement

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