Common use of Choice of Law and Arbitration Clause in Contracts

Choice of Law and Arbitration. This Agreement shall be governed by and construed in accordance with the laws of the state of Utah, excluding its conflict of laws principles. Each party agrees to submit any and all disputes concerning this Agreement, other than claims by Lessor for amounts owed by Lessee, if not resolved by the parties, to binding arbitration under one neutral, independent and impartial arbitrator in accordance with the Commercial Rules of the American Arbitration Association (“AAA”); provided, however, the arbitrator may not vary, modify or disregard any of the provisions contained in this section 18.8. The decision and any award resulting from such arbitration shall be final and binding. The place of arbitration will be at a neutral location in Salt Lake City, Utah. The arbitrator is not empowered to award damages in excess of compensatory damages, and each party hereby irrevocably waives any right to recover such damages with respect to any dispute resolved by arbitration. Both parties shall equally share the fees of the arbitrator. The language of arbitration will be English; provided, however, an interpreter may be provided for any witness that requires an interpreter. The costs of such interpretation will be borne by the party requesting the interpreter. Any final decision or award from arbitration under this section 18.8 will be in writing and shall set forth the basis of the arbitrator’s decision. The arbitrator may award attorneys’ fees to the prevailing party as determined by the arbitrator with wide discretion, considering both (i) which party bettered its position most by the outcome of the arbitration, and (ii) that the parties intended that all limitations on liability would be enforced by the arbitrator. Except for attorneys’ fees as the arbitrator may award as provided in the previous sentence, each party will bear its own costs and expenses. As part of any arbitration conducted under this section 18.8, each party may: (i) request from the other party documents and other materials relevant to the dispute and likely to bear on the issues in such dispute, (ii) conduct no more than five (5) oral depositions, each of which will be limited to a maximum of seven (7) hours in testimony, and (iii) propound to the other party no more than thirty (30) written interrogatories, answers to which the other party will give under oath. All the dispute resolution proceedings contemplated in this section 18.8 will be as confidential and private as permitted by law. The parties will not disclose the existence, content or results of any proceedings conducted in accordance with this section 18.8, and materials submitted in connection with such proceedings will not be admissible in any other proceeding; provided, however, this confidentiality provision will not prevent a petition to vacate or enforce an arbitration award and shall not bar disclosures required by law. The parties agree that any decision or award resulting from proceedings in accordance with this section 18.8 shall have no preclusive effect in any other matter involving third parties. All applicable statutes of limitation and defenses based upon the passage of time will be tolled while the procedures specified in this section 18.8 are pending. The parties will take such action, if any, required to effectuate such tolling. The arbitration shall be governed by the United States Arbitration Act, and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction.

Choice of Law and Arbitration. This Agreement shall will be governed by and construed in accordance with the laws of the state State of UtahCalifornia, excluding its conflict of laws principles. Each party agrees to submit any and all disputes concerning this Agreement, other than claims by Lessor for amounts owed by Lessee, if not resolved by between the parties, to binding arbitration under one (1) neutral, independent and impartial arbitrator in accordance with the Commercial Rules of the American Arbitration Association (“"AAA”"); provided, however, the arbitrator may not vary, modify or disregard any of the provisions contained in this section 18.8Section 17.8. The decision and any award resulting from such arbitration shall be final and binding. The place of arbitration will be at a neutral location in Salt Lake City, UtahAboveNet's offices. The arbitrator is not empowered to award damages in excess of compensatory damages, damages and each party hereby irrevocably waives any right to recover such damages with respect to any dispute resolved by arbitration. Both parties shall equally share the fees of the arbitrator. The language of arbitration will be English; provided, however, that an interpreter may be provided for any witness that requires an interpreter. The costs of such interpretation will be borne by the party requesting the interpreter. Any final decision or award from arbitration under this section 18.8 Section 17.8 will be in writing and shall set forth the basis of the arbitrator’s decisionreasoned. The arbitrator may award attorneys’ ' fees to the prevailing party as determined by the arbitrator with wide discretion, discretion considering both (i) which party bettered its position most by the outcome of the arbitration, and (ii) that the parties intended that all limitations on liability would be 171 enforced by the arbitrator. Except for attorneys’ attorney's fees as the arbitrator may award as provided in the previous sentence, each party will bear its their own costs and expensesexpenses that are reasonable and necessary for participating in arbitration under this Section 17.8. As part of any arbitration conducted under this section 18.8Section 17.8, each party may: (i) request from the other party documents and other materials relevant to the dispute and likely to bear on the issues in such dispute, (ii) conduct no more than five (5) oral depositions, depositions each of which will be limited to a maximum of seven (7) hours in testimony, and (iii) propound to the other party no more than thirty (30) written interrogatories, answers to which the other party will give under oath. All the dispute resolution proceedings contemplated in this section 18.8 Section 17.8 will be as confidential and private as permitted by law. The parties will not disclose the existence, content or results of any proceedings conducted in accordance with this section 18.8Section 17.8, and materials submitted in connection with such proceedings will not be admissible in any other proceeding; provided, provided however, that this confidentiality provision will not prevent a petition to vacate or enforce an arbitration award award, and shall not bar disclosures disclosure required by law. The parties agree that any decision or award resulting from proceedings in accordance with this section 18.8 Section 17.8 shall have no preclusive effect in any other matter involving third parties. All applicable statutes of limitation and defenses based upon the passage of time will be tolled while the procedures specified in this section 18.8 Section 17.8 are pending. The parties will take such action, if any, required to effectuate such tolling. The arbitration shall be governed by the United States Arbitration Act, Act and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction.

Choice of Law and Arbitration. This Agreement shall will be governed by and construed in accordance with the laws of the state State of UtahCalifornia, excluding its conflict of laws principles. Each party agrees to submit any and all disputes concerning this Agreement, other than claims by Lessor for amounts owed by Lessee, if not resolved by between the parties, to binding arbitration under one (1) neutral, independent and impartial arbitrator in accordance with the Commercial Rules of the American Arbitration Association (“"AAA”"); provided, however, the arbitrator may not vary, modify or disregard any of the provisions contained in this section 18.8Section 17.8. The decision and any award resulting from such arbitration shall be final and binding. The place of arbitration will be at a neutral location in Salt Lake City, UtahAboveNet's offices. The arbitrator is not empowered to award damages in excess of compensatory damages, damages and each party hereby irrevocably waives any right to recover such damages with respect to any dispute resolved by arbitration. Both parties shall equally share the fees of the arbitrator. The language of arbitration will be English; provided, however, however that an interpreter may be provided for any witness that requires an interpreter. The costs of such interpretation will be borne by the party requesting the interpreter. Any final decision or award from arbitration under this section 18.8 Section 17.8 will be in writing and shall set forth the basis of the arbitrator’s decisionreasoned. The arbitrator may award attorneys’ attorney's fees to the prevailing party as determined by the arbitrator with wide discretion, discretion considering both (i) which party bettered its position most by the outcome of the arbitrationArbitration, and (ii) that the parties intended that all limitations on liability would be enforced by the arbitrator. Except for attorneys’ attorney's fees as the arbitrator may award as provided in the previous sentence, each party will bear its their own costs and expensesexpenses that are reasonable and necessary for participating in arbitration under this Section 17.8. As part of any arbitration conducted under this section 18.8Section 17.8, each party may: (i) request from the other party documents and other materials relevant to the dispute and likely to bear on the issues in such dispute, (ii) conduct no more than five (5) oral depositions, depositions each of which will be limited to a maximum of seven (7) hours in testimony, and (iii) propound to the other party no more than thirty (30) written interrogatories, answers to which the other party will give under oath. All the dispute resolution proceedings contemplated in this section 18.8 Section 17.8 will be as confidential and private as permitted by law. The parties will not disclose the existence, content or results of any proceedings conducted in accordance with this section 18.8Section 17.8, and materials submitted in connection with such proceedings will not be admissible in any other proceeding; provided, provided however, that this confidentiality provision will not prevent a petition to vacate or enforce an arbitration award award, and shall not bar disclosures required by law. The parties agree that any decision or award resulting from proceedings in accordance with this section 18.8 Section 17.8 shall have no preclusive effect in any other matter involving third parties. All applicable statutes of limitation and defenses based upon the passage of time will be tolled while the procedures specified in this section 18.8 Section 17.8 are pending. The parties will take such action, if any, required to effectuate such tolling. The arbitration shall be governed by the United States Arbitration Act, Act and judgment judgement upon the award rendered by the arbitrator may be entered by any court having jurisdiction.

Choice of Law and Arbitration. This Agreement shall be governed by and construed in accordance with the laws of the state of Utah, excluding its conflict of laws principles. Each party agrees to submit any and all disputes concerning this Agreement, other than claims by Lessor for amounts owed by Lessee, if not resolved by the parties, to binding arbitration under one neutral, independent and impartial arbitrator in accordance with the Commercial Rules of the American Arbitration Association (“"AAA”"); provided, however, the arbitrator may not vary, modify or disregard any of the provisions contained in this section 18.8. The decision and any award resulting from such arbitration shall be final and binding. The place of arbitration will be at a neutral location in Salt Lake City, Utah. The arbitrator is not empowered to award damages in excess of compensatory damages, and each party hereby irrevocably waives any right to recover such damages with respect to any dispute resolved by arbitration. Both parties shall equally share the fees of the arbitrator. The language of arbitration will be English; provided, however, an interpreter may be provided for any witness that requires an interpreter. The costs of such interpretation will be borne by the party requesting the interpreter. Any final decision or award from arbitration under this section 18.8 will be in writing and shall set forth the basis of the arbitrator’s 's decision. The arbitrator may award attorneys’ ' fees to the prevailing party as determined by the arbitrator with wide discretion, considering both (i) which party bettered its position most by the outcome of the arbitration, and (ii) that the parties intended that all limitations on liability would be enforced by the arbitrator. Except for attorneys’ ' fees as the arbitrator may award as provided in the previous sentence, each party will bear its own costs and expenses. As part of any arbitration conducted under this section 18.8, each party may: (i) request from the other party documents and other materials relevant to the dispute and likely to bear on the issues in such dispute, (ii) conduct no more than five (5) oral depositions, each of which will be limited to a maximum of seven (7) hours in testimony, and (iii) propound to the other party no more than thirty (30) written interrogatories, answers to which the other party will give under oath. All the dispute resolution proceedings contemplated in this section 18.8 will be as confidential and private as permitted by law. The parties will not disclose the existence, content or results of any proceedings conducted in accordance with this section 18.8, and materials submitted in connection with such proceedings will not be admissible in any other proceeding; provided, however, this confidentiality provision will not prevent a petition to vacate or enforce an arbitration award and shall not bar disclosures required by law. The parties agree that any decision or award resulting from proceedings in accordance with this section 18.8 shall have no preclusive effect in any other matter involving third parties. All applicable statutes of limitation and defenses based upon the passage of time will be tolled while the procedures specified in this section 18.8 are pending. The parties will take such action, if any, required to effectuate such tolling. The arbitration shall be governed by the United States Arbitration Act, and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction.

Choice of Law and Arbitration. This Agreement shall will be governed by and construed in accordance with the laws of the state State of UtahCalifornia, excluding its conflict of laws principles. Each party agrees to submit any and all disputes concerning this Agreement, other than claims by Lessor for amounts owed by Lessee, if not resolved by between the parties, to binding arbitration under one (1) neutral, independent and impartial arbitrator in accordance with the Commercial Rules of the American Arbitration Association (“"AAA”); ") provided, however, the arbitrator may not vary, modify or disregard any of the provisions contained in this section 18.8Section 17.8. The decision and any award resulting from such arbitration shall be be 2.4 1 Page 7 of 8 ABOVENET COMMUNICATIONS, INC. CONFIDENTIAL final and binding. The place of arbitration will be at a neutral location in Salt Lake City, UtahAboveNet's offices. The arbitrator is not empowered to award damages in excess of compensatory damages, damages and each party hereby irrevocably waives any right to recover such damages with respect to any dispute resolved by arbitration. Both parties shall equally share the fees of the arbitrator. The language of arbitration will be English; , provided, however, however that an interpreter may be provided for any witness that requires an interpreter. The costs of such interpretation will be borne by the party requesting the interpreter. Any final decision or award from arbitration under this section 18.8 will Section 17.8 NO. I be in writing and shall set forth the basis of the arbitrator’s decisionreasoned. The arbitrator may award attorneys’ attorney's fees to the prevailing party as determined by the arbitrator with wide discretion, discretion considering both (iI) which party bettered its position most by the outcome of the arbitrationArbitration, and (iiII) that the parties intended that all limitations on liability would be enforced by the arbitrator. Except for attorneys’ attorney's fees as the arbitrator may award as provided in the previous sentence, each party will bear its their own costs and expensesexpenses that are reasonable and necessary for participating in arbitration under this Section 17.8. As part of any arbitration conducted under this section 18.8Section 17.8, each party may: (i) request from the other party documents and other materials relevant to the dispute and likely to bear on the issues in such dispute, (ii) conduct no more than five (5) oral depositions, depositions each of which will be limited to a maximum of seven (7) hours in testimony, and (iii) propound to the other party no more than thirty (30) written interrogatories, answers to which the other party will give under oath. All the dispute resolution proceedings contemplated in this section 18.8 Section 17.8 will be as confidential and private as permitted by law. The parties will not disclose the existence, content or results of any proceedings conducted in accordance with this section 18.8Section 17.8, and materials submitted in connection with such proceedings will not be admissible in any other proceeding; provided, provided however, that this confidentiality provision will not prevent a petition to vacate or enforce an arbitration award award, and shall not bar disclosures required by law. The parties agree that any decision or award resulting from proceedings in accordance with this section 18.8 Section 17.8 shall have no preclusive effect in any other matter involving third parties. All applicable statutes of limitation and defenses based upon the passage of time will be tolled while the procedures specified in this section 18.8 Section 17.8 are pending. The parties will take such action, if any, . required to effectuate such tolling. , The arbitration shall be governed by the United States Arbitration Act, Act and judgment judgement upon the award rendered by the arbitrator may be entered by any court having jurisdiction.

Choice of Law and Arbitration. This Agreement shall will be governed by and construed in accordance with the laws of the state State of UtahCalifornia, excluding its conflict of laws principles. Each party agrees to submit any and all disputes concerning this Agreement, other than claims by Lessor for amounts owed by Lessee, if not resolved by between the parties, to binding arbitration under one (1) neutral, independent and end impartial arbitrator in accordance with the Commercial Rules of the American Arbitration Association (“"AAA”"); provided, however, the arbitrator may not vary, modify or disregard any of the provisions contained in this section 18.8Section 17.8. The decision and any award resulting from such arbitration shall be final and binding. The place of arbitration will be at a neutral location in Salt Lake City, UtahAboveNet's offices. The arbitrator is not empowered to award damages in excess of compensatory damages, damages and each party hereby irrevocably waives any right to recover such damages with respect to any dispute resolved by arbitration. Both parties shall equally share the fees of the arbitrator. The language of arbitration will be English; provided, however, however that an interpreter may be provided for any witness that requires an interpreter. The costs cost of such interpretation will be borne by the party requesting the interpreter. Any final decision or award from arbitration under this section 18.8 Section 17.8 will be in writing and shall set forth the basis of the arbitrator’s decisionreasoned. The arbitrator may award attorneys’ attorney's fees to the prevailing party as determined by the arbitrator with wide discretion, discretion considering both (i) which party bettered its position most by the outcome of the arbitrationArbitration, and (ii) that the parties intended that all limitations on liability would be enforced by the arbitrator. Except for attorneys’ attorney's fees as the arbitrator may award as provided in the previous sentence, each party will bear its their own costs and expensesexpenses that are reasonable and necessary for participating in arbitration under this Section 17.8. As part of any arbitration conducted under this section 18.8Section 17.8, each party may: (i) request from the other party documents and other materials relevant to the dispute and likely to bear on the issues in such dispute, (ii) conduct no more than five (5) oral depositions, depositions each of which will be limited to a maximum of seven (7) hours in testimony, and (iii) propound to the other party no more than thirty (30) written interrogatories, answers to which the other party will give under oath. All the dispute resolution proceedings contemplated in this section 18.8 Section 17.8 will be as confidential and private as permitted by law. The parties will not disclose the existence, content or results of any proceedings conducted in accordance with this section 18.8Section 17.8, and materials submitted in connection with such proceedings will not be admissible in any other proceeding; provided, provided however, that this confidentiality provision will not prevent a petition to vacate or enforce an arbitration award award, and shall not bar disclosures required by law. The parties agree that any decision or award resulting from proceedings in accordance with this section 18.8 Section 17.8 shall have no preclusive effect in any other matter involving third parties. All applicable statutes of limitation and defenses based upon the passage of time will be tolled while the procedures specified in this section 18.8 Section 17.8 are pending. The parties will take such action, if any, required to effectuate such tolling. The arbitration shall be governed by the United States Arbitration Act, Act and judgment judgement upon the award rendered by the arbitrator may be entered by any court having jurisdiction.