Common use of Choice of Law; Dispute Resolution Clause in Contracts

Choice of Law; Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan without regard to any conflict of laws statutes or rules. The parties hereto agree that the provisions of the U.N. Convention on Contracts for the International Sale of Goods shall not apply. For any dispute, controversy, claim, or matter of interpretation arising out of or related to this Agreement where: (a) the matter in controversy does not exceed the sum of $50,000, exclusive of interest and costs, the matter shall be resolved by means of binding arbitration. A demand for arbitration shall be served on the other party by certified mail. Within forty-five (45) days after a party demands arbitration, the parties shall select a single arbitrator. The selected arbitrator shall conduct the arbitration in a manner substantially similar to the procedures set forth in the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”). If the parties are unable to agree on an arbitrator, the party demanding arbitration shall file a demand for arbitration with the AAA and the arbitration shall then proceed in accordance with the Rules. In all circumstances, the arbitration shall take place in Oakland County, Michigan. (b) the matter in controversy exceeds the sum of $50,000, exclusive of interest and costs, the matter shall be adjudicated exclusively by a court of competent jurisdiction in and for Oakland County, Michigan. Seller hereby irrevocably consents to personal jurisdiction of and venue in the state and federal courts in and for Oakland County, Michigan and further irrevocably waives any claim or challenge that such court is an inconvenient forum or otherwise lacks jurisdiction. In the event of any action or proceeding related to a transaction subject to this Agreement where Hallite is determined to be the prevailing party with regard to some or all claims, Xxxxxx agrees to pay all of Hallite’s attorney’s fees and litigation costs up through and including any appeal.

Appears in 2 contracts

Samples: Terms and Conditions of Purchase, Terms and Conditions of Purchase

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Choice of Law; Dispute Resolution. This Agreement All transactions shall be governed by and construed in accordance with under the laws of the State of Michigan Michigan, without regard to for any conflict of laws statutes rules or rulesstatutes. The parties hereto agree that the provisions of the U.N. Convention on Contracts for the International Sale of Goods shall not applyapply to any transaction under the terms of this Agreement. For any Any dispute, controversy, claim, controversy or matter of interpretation claim arising out of or related to this Agreement where: (a) where the matter amount in controversy does not exceed the sum of is less than $50,000, exclusive of interest and costs, the matter shall be resolved by means of binding arbitration. A demand for arbitration shall be served on by the party seeking arbitration to the other party by certified U.S. mail. Within forty-five (45) days after a party demands arbitration, the parties shall select a single arbitrator. The selected arbitrator shall conduct the arbitration in a manner substantially similar to the procedures set forth in the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”). If the parties are unable to agree on an a single arbitrator, then the party demanding seeking arbitration shall file a demand for arbitration with the AAA and the arbitration shall then proceed in accordance with the RulesRules of the AAA. In all circumstances, the arbitration shall take place in Oakland County, Michigan. (b) . For any dispute, controversy or claim arising out of this Agreement where the matter amount in controversy exceeds the sum of $50,000, exclusive of interest and costs, the matter such dispute shall be adjudicated exclusively by a court of competent jurisdiction in and or for Oakland County, Michigan. Seller hereby Michigan and the parties hereto irrevocably consents agree to the personal jurisdiction of and venue in the state such courts and federal courts in and for Oakland County, Michigan and further irrevocably waives waive any claim or challenge that such forum is inconvenient or that the court is an inconvenient forum or otherwise lacks jurisdiction. In the event of any action or proceeding related to a transaction subject to this Agreement where Hallite is determined to be the prevailing party with regard to some or all claims, Xxxxxx Purchaser hereby agrees to pay all of Hallite’s attorney’s fees and litigation costs up through and including any appeal.

Appears in 2 contracts

Samples: Terms and Conditions of Sale, Terms and Conditions of Sale

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Choice of Law; Dispute Resolution. This Agreement All transactions shall be governed by and construed in accordance with under the laws of the State of Michigan Michigan, without regard to for any conflict of laws statutes rules or rulesstatutes. The parties hereto agree that the provisions of the U.N. Convention on Contracts for the International Sale of Goods shall not applyapply to any transaction under the terms of this Agreement. For any Any dispute, controversy, claim, controversy or matter of interpretation claim arising out of or related to this Agreement where: (a) where the matter amount in controversy does not exceed the sum of is less than $50,000, exclusive of interest and costs, the matter shall be resolved by means of binding arbitration. A demand for arbitration shall be served on by the party seeking arbitration to the other party by certified U.S. mail. Within forty-five (45) days after a party demands arbitration, the parties shall select a single arbitrator. The selected arbitrator shall conduct the arbitration in a manner substantially similar to the procedures set forth in the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”). If the parties are unable to agree on an a single arbitrator, then the party demanding seeking arbitration shall file a demand for arbitration with the AAA and the arbitration shall then proceed in accordance with the RulesRules of the AAA. In all circumstances, the arbitration shall take place in Oakland County, Michigan. (b) . For any dispute, controversy or claim arising out of this Agreement where the matter amount in controversy exceeds the sum of $50,000, exclusive of interest and costs, the matter such dispute shall be adjudicated exclusively by a court of competent jurisdiction in and or for Oakland County, Michigan. Seller hereby Michigan and the parties hereto irrevocably consents agree to the personal jurisdiction of and venue in the state such courts and federal courts in and for Oakland County, Michigan and further irrevocably waives waive any claim or challenge that such forum is inconvenient or that the court is an inconvenient forum or otherwise lacks jurisdiction. In the event of any action or proceeding related to a transaction subject to this Agreement where Hallite is determined to be the prevailing party with regard to some or all claims, Xxxxxx Xxxxxxxxx hereby agrees to pay all of Hallite’s attorney’s fees and litigation costs up through and including any appeal.

Appears in 1 contract

Samples: Terms and Conditions of Sale

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