Binding Arbitration Terms. To the fullest extent permitted by law, any and all disputes between Company and the Customer arising over the terms of this agreement, its enforcement, or relating in any manner whatsoever to, the Company’s performance pursuant to the Customer’s orders or requests for products, work, services, or shipments (“Claims”), including, without limitation, all disputes arising under or to enforce this Agreement, (“Arbitral Claims”) shall be resolved by binding arbitration. The scope of Claims shall include, but are not limited to, contract disputes (express or implied), tort claims of all kinds, equitable claims, and any Claims based on any federal, state or local law, statute or regulation. The parties agree that the venue for any such Claim will be in Santa Xxxxx County, California. In any arbitration proceeding commenced as hereinabove described, the successful or prevailing party or parties shall be entitled to recover as an element of their damages reasonable attorneys’ fees and other costs incurred in that action or proceeding, including but not limited to filing fees, deposition expenses, and expert witness fees, in addition to any other relief to which said prevailing party or parties may be entitled.
Appears in 2 contracts
Samples: Customer Agreement, www.arklign.com
Binding Arbitration Terms. To the fullest extent permitted by law, any and all disputes between Company and the Customer arising over the terms of this agreement, its enforcement, or relating in any manner whatsoever to, the Company’s performance pursuant to the Customer’s orders or requests for products, work, services, or shipments (“Claims”), including, without limitation, all disputes arising under or to enforce this Agreement, (“Arbitral Claims”) shall be resolved by binding arbitration. The scope of Claims shall include, but are not limited to, contract disputes (express or implied), tort claims of all kinds, equitable claims, and any Claims based on any federal, state or local law, statute or regulation. The parties agree that the venue for any such Claim will be in Santa Xxxxx Clara County, California. In any arbitration proceeding commenced as hereinabove described, the successful or prevailing party or parties shall be entitled to recover as an element of their damages reasonable attorneys’ fees and other costs incurred in that action or proceeding, including but not limited to filing fees, deposition expenses, and expert witness fees, in addition to any other relief to which said prevailing party or parties may be entitled.
Appears in 1 contract
Samples: Customer Agreement
Binding Arbitration Terms. To the fullest extent permitted by law, any and all disputes between Company and the Customer arising over the terms of this agreement, its enforcement, or relating in any manner whatsoever to, the Company’s performance pursuant to the Customer’s orders or requests for products, work, services, or shipments services (“Claims”), including, without limitation, all disputes arising under or to enforce this Agreement, (“Arbitral Claims”) shall be resolved by binding arbitration. The scope of Claims shall include, but are not limited to, contract disputes (express or implied), tort claims of all kinds, equitable claims, and any Claims based on any federal, state or local law, statute or regulation. The parties agree that the venue for any such Claim will be in Santa Xxxxx County, California. In any arbitration proceeding commenced as hereinabove described, the successful or prevailing party or parties shall be entitled to recover as an element of their damages reasonable attorneys’ fees and other costs incurred in that action or proceeding, including but not limited to filing fees, deposition expenses, and expert witness fees, in addition to any other relief to which said prevailing party or parties may be entitled.
Appears in 1 contract
Samples: Customer Agreement