Common use of Bentley Entity, Governing Law, Dispute Resolution and Notices Clause in Contracts

Bentley Entity, Governing Law, Dispute Resolution and Notices. Depending on where Subscriber’s principal place of business is (or if Subscriber is an individual, where the Subscriber is resident), the Agreement is between Subscriber and the Bentley entity set out below. The Agreement will be governed by and construed in accordance with the substantive laws in force in the respective country specified in the below table. To the maximum extent permitted by applicable law, the parties agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods, as amended, and the provisions of the Uniform Computer Information Transactions Act, as they may have been or hereafter may be in effect in any jurisdiction, shall not apply to the Agreement. Any dispute, controversy or claim between the parties arising under the Agreement shall be resolved pursuant to the applicable dispute resolution provision set out below. All notices sent under the Agreement must be to the attention of the Bentley Legal Department and addressed to the applicable Bentley entity according to the below table or via email to Xxxxxxxxx@Xxxxxxx.xxx. USA and Canada Bentley Systems, Inc., a Delaware corporation having its registered office at 000 Xxxxxxxx Xxxxx, Xxxxx, XX 00000-0000 Commonwealth of Pennsylvania In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Philadelphia, Pennsylvania in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own attorney’s fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Xxxxxxx has the right to commence proceedings against Subscriber in any court in respect of a failure by Subscriber to comply with its payment obligations under the Agreement without first submitting to binding arbitration. United Kingdom Bentley Systems (UK) Limited, having its registered office at 00xx Xxxxx, 0 Xxxxxxxxxxx, Xxxxxx, Xxxxxx Xxxxxxx, XX0X 0XX Xxxxxxx and Wales In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in London, United Kingdom in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own attorney’s fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Xxxxxxx has the right to commence proceedings against Subscriber in any court in respect of a failure by Subscriber to comply with its payment obligations under the Agreement without first submitting to binding arbitration. Brazil Bentley Systems Brasil Ltda., having its registered office at Xxxxxxx Xxxxxxxx, 0000. 9º. Andar. Sala 09-114, São Paulo, SP, Zip Code 01310-100 Brazil In the event of disputes, controversies, questions, doubts or claims (“Dispute”) between the parties resulting from this Agreement, the parties shall use their best efforts to resolve the Dispute. For this purpose, either party may notify the other to attend a meeting at which an attempt will be made to resolve the Dispute through friendly discussions in good faith (“Dispute Notice”). Except as otherwise provided in this Agreement, if the parties do not find a solution, within a period of 30 (thirty) days after the delivery of the Dispute Notice from one party to the other, then the Dispute shall be resolved through arbitration. The arbitration procedure will be conducted by the AMCHAM Arbitration and Mediation Center in accordance with its rules (“Arbitration Rules”). The resolution of a Dispute through arbitration procedure will only be applicable in the event that the disputed amount exceeds BRL 5,000,000.00 (five million reais). If this amount is not reached, the Dispute will be conducted, through litigation in the Courts of the City of São Paulo, State of São Paulo. The arbitration shall be conducted in Portuguese by three arbitrators. The complainant must appoint an arbitrator in the “Request for Arbitration”, and the respondent must appoint an arbitrator at its first opportunity to demonstrate. If one of the parties fails to appoint its respective arbitrator, the latter will be appointed in accordance with the procedure set out in the Arbitration Rules. The two arbitrators shall, by mutual agreement, appoint the third arbitrator, who shall be the president of the arbitral tribunal. If there is no consensus, the third arbitrator will be appointed in accordance with the Arbitration Rules. The parties recognize that any of the parties may request an urgent injunctive relief before the Courts of the City of São Paulo, State of São Paulo, and such request will not be considered incompatible with, or as a waiver of, any provisions contained in this clause or in Law 9.307/96. In addition to the authority of the arbitration court conferred by the Arbitration Rules, the arbitral tribunal has the authority to issue orders and grant preliminary injunctions, precautionary measures, injunctive relief and determine specific enforcement, when deemed fair and equitable. The arbitration award must be expressed in writing and reasoned, being considered final and binding between the parties, in addition to being enforceable in accordance with its terms. The arbitration award may determine the distribution of costs related to the arbitration process, including reasonable attorneys' fees and disbursements. The election of the arbitration forum carried out by the parties to this Agreement does not prevent any of the parties from judicially executing the arbitral award or the certain and enforceable obligations under this Agreement. Mexico BENTLEY SYSTEMS DE MEXICO S.A., having its registered office at Xxxxxxxxxxx Xxx 0000 xxxx 0, Xxxxxxx 00-000, Xxxxxxx Xxxxx Xxxxx, Xxxxxxxxxx Xxxxxx Xxxxxx, C.P. 03720, Ciudad de México Mexico In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Mexico City, Mexico, in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Xxxxxxx has the right to commence proceedings against Subscriber in any court in respect of a failure by Subscriber to comply with its payment obligations under the Agreement without first submitting to binding arbitration. China Bentley Systems (Beijing) Co., Ltd., having its registered office at Xxxx 0000-00, Xxxxx 0, Xxxxx Xxxxxxx Xxxxx, Xx. 00 Xxxxxxx Xxxx, Xxxxxxxx Xxxxxxxx, Xxxxxxx, Xxxxx Xxxxxx’x Xxxxxxxx xx Xxxxx The parties agree to resolve amicably any dispute or difference arising from or in connection with the Agreement. In the event the parties are unable to settle the dispute or difference within 30 days from the de-livery by any party of a notice confirming the existence of the dispute, any party may submit the dispute to the China International Economic and Trade Arbitration Commission in Beijing (“CIETAC”) for final and binding arbitration in accordance with CIETAC’s rules and procedures. The award rendered by CIETAC shall be enforceable by any court of competent jurisdiction. Taiwan Bentley Systems, Incorporated, Taiwan Branch, having its registered office at Xxxxxx, 0X., Xx. 000, Xxx. 0, Xxxxxxx X.Xx., Xxxxxxxxx Xxxx., Xxxxxx Xxxx 000, Xxxxxx, Xxxxxxxx xx Xxxxx People’s Republic of China Any dispute, controversy, difference or claim arising out of, relating to or in connection with the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration referred to the Chinese Arbitration Association, Taipei in accordance with the Association’s arbitration rules. The place of arbitration shall be in Taipei, Taiwan. The language of arbitration shall be English. The arbitral award shall be final and binding upon both parties. India Bentley Systems India Private Limited, having its registered office at Xxxxx Xx. 0000 & 0000, XxxxXxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxxx, 0000/000, 000, 000, Xxxxxxx Xxxxxxx, Xxx Xxxxx 000000 ,Xxxxx Xxxxx In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in New Delhi, India appointed in accordance with the Rules of Arbitration of the International Chamber of Commerce, and such dispute, controversy or claim shall be finally settled in accordance with the said Rules. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Subject to arbitrations, the parties agree to submit to the exclusive jurisdiction of courts in New Delhi, India. However, notwithstanding the foregoing, Xxxxxxx has the right to commence proceedings against Subscriber in any court in respect of a failure by Subscriber to comply with its payment obligations under the Agreement without first submitting to binding arbitration. Worldwide unless in a country or region described above Bentley Systems International Limited, having its registered office at 0xx Xxxxx, 0 Xxxxxxxxxx Xx , Xxxxxx Xx, Xxxxxx 0, X00 XX00, Ireland Ireland In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Dublin, Ireland in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Xxxxxxx has the right to commence proceedings against Subscriber in any court in respect of a failure by Subscriber to comply with its payment obligations under the Agreement without first submitting to binding arbitration.

Appears in 8 contracts

Samples: Select Program Agreement, Select Program Agreement, Select Program Agreement

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Bentley Entity, Governing Law, Dispute Resolution and Notices. Depending on where Subscriber’s principal place of business is (or if Subscriber is an individual, where the Subscriber is resident), the Agreement is between Subscriber and the Bentley entity set out below. The Agreement will be governed by and construed in accordance with the substantive laws in force in the respective country specified in the below table. To the maximum extent permitted by applicable law, the parties agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods, as amended, and the provisions of the Uniform Computer Information Transactions Act, as they may have been or hereafter may be in effect in any jurisdiction, shall not apply to the Agreement. Any dispute, controversy or claim between the parties arising under the Agreement shall be resolved pursuant to the applicable dispute resolution provision set out below. All notices sent under the Agreement must be to the attention of the Bentley Legal Department and addressed to the applicable Bentley entity according to the below table or via email to Xxxxxxxxx@Xxxxxxx.xxx. USA and Canada Bentley Systems, Inc., a Delaware corporation having its registered office at 000 Xxxxxxxx Xxxxx, Xxxxx, XX 00000-0000 Commonwealth of Pennsylvania In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Philadelphia, Pennsylvania in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own attorney’s fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Xxxxxxx has the right to commence proceedings against Subscriber in any court in respect of a failure by Subscriber to comply with its payment obligations under the Agreement without first submitting to binding arbitration. United Kingdom Bentley Systems (UK) Limited, having its registered office at 00xx Xxxxx, 0 Xxxxxxxxxxx, Xxxxxx, Xxxxxx Xxxxxxx, XX0X 0XX Xxxxxxx England and Wales In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in London, United Kingdom in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own attorney’s fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Xxxxxxx has the right to commence proceedings against Subscriber in any court in respect of a failure by Subscriber to comply with its payment obligations under the Agreement without first submitting to binding arbitration. Brazil Bentley Systems Brasil Ltda., having its registered office at Xxxxxxx Xxxxxxxx, 0000. 9º. Andar. Sala 09-114, São Paulo, SP, Zip Code 01310-100 Brazil In the event of disputes, controversies, questions, doubts or claims (“Dispute”) between the parties resulting from this Agreement, the parties shall use their best efforts to resolve the Dispute. For this purpose, either party may notify the other to attend a meeting at which an attempt will be made to resolve the Dispute through friendly discussions in good faith (“Dispute Notice”). Except as otherwise provided in this Agreement, if the parties do not find a solution, within a period of 30 (thirty) days after the delivery of the Dispute Notice from one party to the other, then the Dispute shall be resolved through arbitration. The arbitration procedure will be conducted by the AMCHAM Arbitration and Mediation Center in accordance with its rules (“Arbitration Rules”). The resolution of a Dispute through arbitration procedure will only be applicable in the event that the disputed amount exceeds BRL 5,000,000.00 (five million reais). If this amount is not reached, the Dispute will be conducted, through litigation in the Courts of the City of São Paulo, State of São Paulo. The arbitration shall be conducted in Portuguese by three arbitrators. The complainant must appoint an arbitrator in the “Request for Arbitration”, and the respondent must appoint an arbitrator at its first opportunity to demonstrate. If one of the parties fails to appoint its respective arbitrator, the latter will be appointed in accordance with the procedure set out in the Arbitration Rules. The two arbitrators shall, by mutual agreement, appoint the third arbitrator, who shall be the president of the arbitral tribunal. If there is no consensus, the third arbitrator will be appointed in accordance with the Arbitration Rules. The parties recognize that any of the parties may request an urgent injunctive relief before the Courts of the City of São Paulo, State of São Paulo, and such request will not be considered incompatible with, or as a waiver of, any provisions contained in this clause or in Law 9.307/96. In addition to the authority of the arbitration court conferred by the Arbitration Rules, the arbitral tribunal has the authority to issue orders and grant preliminary injunctions, precautionary measures, injunctive relief and determine specific enforcement, when deemed fair and equitable. The arbitration award must be expressed in writing and reasoned, being considered final and binding between the parties, in addition to being enforceable in accordance with its terms. The arbitration award may determine the distribution of costs related to the arbitration process, including reasonable attorneys' fees and disbursements. The election of the arbitration forum carried out by the parties to this Agreement does not prevent any of the parties from judicially executing the arbitral award or the certain and enforceable obligations under this Agreement. Mexico BENTLEY SYSTEMS DE MEXICO S.A., having its registered office at Xxxxxxxxxxx Xxx 0000 xxxx 0Insurgentes Sur 1079 piso 3, Xxxxxxx 00Oficina 03-000125, Xxxxxxx Xxxxx XxxxxColonia Noche Buena, Xxxxxxxxxx Delegación Xxxxxx Xxxxxx, C.P. 03720, Ciudad de México Mexico In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Mexico City, Mexico, in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Xxxxxxx has the right to commence proceedings against Subscriber in any court in respect of a failure by Subscriber to comply with its payment obligations under the Agreement without first submitting to binding arbitration. China Bentley Systems (Beijing) Co., Ltd., having its registered office at Xxxx 0000-00, Xxxxx 0, Xxxxx Xxxxxxx Xxxxx, Xx. 00 Xxxxxxx Xxxx, Xxxxxxxx Xxxxxxxx, Xxxxxxx, Xxxxx Xxxxxx’x Xxxxxxxx xx Xxxxx of China The parties agree to resolve amicably any dispute or difference arising from or in connection with the Agreement. In the event the parties are unable to settle the dispute or difference within 30 days from the de-livery by any party of a notice confirming the existence of the dispute, any party may submit the dispute to the China International Economic and Trade Arbitration Commission in Beijing (“CIETAC”) for final and binding arbitration in accordance with CIETAC’s rules and procedures. The award rendered by CIETAC shall be enforceable by any court of competent jurisdiction. Taiwan Bentley Systems, Incorporated, Taiwan Branch, having its registered office at XxxxxxSpaces, 0X., Xx. 000, Xxx. 0, Xxxxxxx X.Xx., Xxxxxxxxx Xxxx., Xxxxxx Xxxx 000, Xxxxxx, Xxxxxxxx xx Xxxxx People’s Republic of China Any dispute, controversy, difference or claim arising out of, relating to or in connection with the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration referred to the Chinese Arbitration Association, Taipei in accordance with the Association’s arbitration rules. The place of arbitration shall be in Taipei, Taiwan. The language of arbitration shall be English. The arbitral award shall be final and binding upon both parties. India Bentley Systems India Private Limited, having its registered office at Xxxxx Suite Xx. 0000 & 0000, XxxxXxxx Xxxxxx, 00xx Xxxxx, Xxx XxxxxMax House, 0000/0001516/338, 000339, 000, Xxxxxxx Xxxxxxx, Xxx Xxxxx 000000 ,Xxxxx Xxxxx India In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in New Delhi, India appointed in accordance with the Rules of Arbitration of the International Chamber of Commerce, and such dispute, controversy or claim shall be finally settled in accordance with the said Rules. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Subject to arbitrations, the parties agree to submit to the exclusive jurisdiction of courts in New Delhi, India. However, notwithstanding the foregoing, Xxxxxxx has the right to commence proceedings against Subscriber in any court in respect of a failure by Subscriber to comply with its payment obligations under the Agreement without first submitting to binding arbitration. Worldwide unless in a country or region described above Bentley Systems International Limited, having its registered office at 0xx Xxxxx6th Floor, 0 Xxxxxxxxxx Xx , Xxxxxx Xx, Xxxxxx 0, X00 XX00, Ireland Ireland In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Dublin, Ireland in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Xxxxxxx has the right to commence proceedings against Subscriber in any court in respect of a failure by Subscriber to comply with its payment obligations under the Agreement without first submitting to binding arbitration.

Appears in 1 contract

Samples: Select Program Agreement

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Bentley Entity, Governing Law, Dispute Resolution and Notices. Depending on where Subscriber’s principal place of business is (or if Subscriber is an individual, where the Subscriber is resident), the Agreement is between Subscriber and the Bentley entity set out below. The Agreement will be governed by and construed in accordance with the substantive laws in force in the respective country specified in the below table. To the maximum extent permitted by applicable law, the parties agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods, as amended, and the provisions of the Uniform Computer Information Transactions Act, as they may have been or hereafter may be in effect in any jurisdiction, shall not apply to the Agreement. Any dispute, controversy or claim between the parties arising under the Agreement shall be resolved pursuant to the applicable dispute resolution provision set out below. All notices sent under the Agreement must be to the attention of the Bentley Legal Department and addressed to the applicable Bentley entity according to the below table or via email to Xxxxxxxxx@Xxxxxxx.xxxxxxxxxxxx@Xxxxxxx.xxx. USA and Canada Bentley Systems, Inc., a Delaware corporation having its registered office at 000 Xxxxxxxx Xxxxx, Xxxxx, XX 00000-0000 Commonwealth of Pennsylvania In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Philadelphia, Pennsylvania in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own attorney’s fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Xxxxxxx Bentley has the right to commence proceedings against Subscriber in any court in respect of a failure by Subscriber to comply with its payment obligations under the Agreement without first submitting to binding arbitration. United Kingdom Bentley Systems (UK) Limited, having its registered office at 00xx XxxxxNinth Floor, 0 XxxxxxxxxxxXx. 00 Xxxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxx Xxxxxxx, XX0X 0XX Xxxxxxx and Wales In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in London, United Kingdom in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own attorney’s fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Xxxxxxx Bentley has the right to commence proceedings against Subscriber in any court in respect of a failure by Subscriber to comply with its payment obligations under the Agreement without first submitting to binding arbitration. Brazil Bentley Systems Brasil Ltda., having its registered office at Xxxxxxx Xxxxxxxx, 0000. 9º. Andar. Sala 09-114, São Paulo, SP, Zip Code 01310-100 Brazil In the event of disputes, controversies, questions, doubts or claims (“Dispute”) between the parties resulting from this Agreement, the parties shall use their best efforts to resolve the Dispute. For this purpose, either party may notify the other to attend a meeting at which an attempt will be made to resolve the Dispute through friendly discussions in good faith (“Dispute Notice”). Except as otherwise provided in this Agreement, if the parties do not find a solution, within a period of 30 (thirty) days after the delivery of the Dispute Notice from one party to the other, then the Dispute shall be resolved through arbitration. The arbitration procedure will be conducted by the AMCHAM Arbitration and Mediation Center in accordance with its rules (“Arbitration Rules”). The resolution of a Dispute through arbitration procedure will only be applicable in the event that the disputed amount exceeds BRL 5,000,000.00 (five million reais). If this amount is not reached, the Dispute will be conducted, through litigation in the Courts of the City of São Paulo, State of São Paulo. The arbitration shall be conducted in Portuguese by three arbitrators. The complainant must appoint an arbitrator in the “Request for Arbitration”, and the respondent must appoint an arbitrator at its first opportunity to demonstrate. If one of the parties fails to appoint its respective arbitrator, the latter will be appointed in accordance with the procedure set out in the Arbitration Rules. The two arbitrators shall, by mutual agreement, appoint the third arbitrator, who shall be the president of the arbitral tribunal. If there is no consensus, the third arbitrator will be appointed in accordance with the Arbitration Rules. The parties recognize that any of the parties may request an urgent injunctive relief before the Courts of the City of São Paulo, State of São Paulo, and such request will not be considered incompatible with, or as a waiver of, any provisions contained in this clause or in Law 9.307/96. In addition to the authority of the arbitration court conferred by the Arbitration Rules, the arbitral tribunal has the authority to issue orders and grant preliminary injunctions, precautionary measures, injunctive relief and determine specific enforcement, when deemed fair and equitable. The arbitration award must be expressed in writing and reasoned, being considered final and binding between the parties, in addition to being enforceable in accordance with its terms. The arbitration award may determine the distribution of costs related to the arbitration process, including reasonable attorneys' fees and disbursements. The election of the arbitration forum carried out by the parties to this Agreement does not prevent any of the parties from judicially executing the arbitral award or the certain and enforceable obligations under this Agreement. Mexico BENTLEY SYSTEMS DE MEXICO S.A., having its registered office at Xxxxxxxxxxx Xxx 0000 xxxx 0de C.V, Xxxxxxx 00-000Av. Insurgentes Sur #1106 piso 7, Xxxxxxx Xxxxx XxxxxCol. Noche Buena, Xxxxxxxxxx Xxxxxx XxxxxxCDMX, México, C.P. 03720, Ciudad de México 03720 Mexico In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Mexico City, Mexico, in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Xxxxxxx Bentley has the right to commence proceedings against Subscriber in any court in respect of a failure by Subscriber to comply with its payment obligations under the Agreement without first submitting to binding arbitration. China Bentley Systems (Beijing) Co., Ltd., having its registered office at Xxxx 0000-00, Xxxxx 0, Xxxxx Xxxxxxx Xxxxx, Xx. 00 Xxxxxxx Xxxx, Xxxxxxxx Xxxxxxxx, Xxxxxxx, Xxxxx Xxxxxx’x Xxxxxxxx xx Xxxxx of China The parties agree to resolve amicably any dispute or difference arising from or in connection with the Agreement. In the event the parties are unable to settle the dispute or difference within 30 days from the de-livery by any party of a notice confirming the existence of the dispute, any party may submit the dispute to the China International Economic and Trade Arbitration Commission in Beijing (“CIETAC”) for final and binding arbitration in accordance with CIETAC’s rules and procedures. The award rendered by CIETAC shall be enforceable by any court of competent jurisdiction. Taiwan Bentley Systems, Incorporated, Taiwan Branch, having its registered office at XxxxxxSpaces, 0X., Xx. 000, Xxx. 0, Xxxxxxx X.Xx., Xxxxxxxxx Xxxx., Xxxxxx Xxxx 000, Xxxxxx, Xxxxxxxx xx Xxxxx People’s Republic of China Any dispute, controversy, difference or claim arising out of, relating to or in connection with the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration referred to the Chinese Arbitration Association, Taipei in accordance with the Association’s arbitration rules. The place of arbitration shall be in Taipei, Taiwan. The language of arbitration shall be English. The arbitral award shall be final and binding upon both parties. India Bentley Systems India Private Limited, having its registered office at Xxxxx XxSuite No. 0000 1001 & 0000, XxxxXxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxxx, 0000/000, 000, 000, Xxxxxxx Xxxxxxx, Xxx Xxxxx 000000 ,Xxxxx Xxxxx India In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in New Delhi, India appointed in accordance with the Rules of Arbitration of the International 1002, WorkWell Suites, 10th Floor, Max House, 1516/338, 339, 340, Xxxxxxx Xxxxxxx, Xxx Xxxxx 000000 ,Xxxxx Chamber of Commerce, and such dispute, controversy or claim shall be finally settled in accordance with the said Rules. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Subject to arbitrations, the parties agree to submit to the exclusive jurisdiction of courts in New Delhi, India. However, notwithstanding the foregoing, Xxxxxxx Bentley has the right to commence proceedings against Subscriber in any court in respect of a failure by Subscriber to comply with its payment obligations under the Agreement without first submitting to binding arbitration. Worldwide unless in a country or region described above Bentley Systems International Limited, having its registered office at 0xx XxxxxCharlemont Exchange, 0 Xxxxxxxxxx Xx 5th Floor, Xxxxxx XxCharlemont Xxxxxx, Xxxxxx 0, X00 XX00X00XX00, Ireland Ireland In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Dublin, Ireland in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Xxxxxxx Bentley has the right to commence proceedings against Subscriber in any court in respect of a failure by Subscriber to comply with its payment obligations under the Agreement without first submitting to binding arbitration.

Appears in 1 contract

Samples: Power Line Systems License Agreement

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