Choice of Law; Dispute Resolution. All transactions shall be governed by and construed under the laws of the State of Michigan, without regard for any conflict of laws rules or statutes. The provisions of the U.N. Convention on Contracts for the International Sale of Goods shall not apply to any transaction under the terms of this Agreement. Any dispute, controversy or claim arising out of or related to this Agreement where the amount in controversy is less than $50,000, exclusive interest and costs, shall be resolved by means of binding arbitration. A demand for arbitration shall be served 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 a single arbitrator, then the party seeking arbitration shall file a demand for arbitration with the AAA and the arbitration shall proceed in accordance with the Rules of the AAA. In all circumstances, arbitration shall take place in Oakland County, Michigan. For any dispute, controversy or claim arising out of this Agreement where the amount in controversy exceeds $50,000, exclusive of interest and costs, such dispute shall be adjudicated exclusively by a court of competent jurisdiction in or for Oakland County, Michigan and the parties hereto irrevocably agree to the personal jurisdiction of and venue in such courts and waive any claim that such forum is inconvenient or that the court lacks jurisdiction. In the event of any proceeding related to this Agreement where Hallite is determined to be the prevailing party with regard to some or all claims, 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
Choice of Law; Dispute Resolution. All transactions This Agreement shall be governed by and construed under in accordance with the laws of the State of Michigan, Michigan without regard for to any conflict of laws rules statutes or statutesrules. The parties hereto agree that the provisions of the U.N. Convention on Contracts for the International Sale of Goods shall not apply to apply. For any transaction under the terms of this Agreement. Any dispute, controversy controversy, claim, or claim matter of interpretation arising out of or related to this Agreement where where:
(a) the amount matter in controversy is less than 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 by the party seeking arbitration to on 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 a single an arbitrator, then the party seeking demanding arbitration shall file a demand for arbitration with the AAA and the arbitration shall then proceed in accordance with the Rules of the AAARules. In all circumstances, the arbitration shall take place in Oakland County, Michigan. For any dispute, controversy or claim arising out of this Agreement where .
(b) the amount matter in controversy exceeds the sum of $50,000, exclusive of interest and costs, such dispute the matter shall be adjudicated exclusively by a court of competent jurisdiction in or 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 the parties hereto further irrevocably agree to the personal jurisdiction of and venue in such courts and waive waives any claim or challenge that such court is an inconvenient forum is inconvenient or that the court 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, Purchaser hereby 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
Choice of Law; Dispute Resolution. All transactions shall be governed by and construed under the laws of the State of Michigan, without regard for any conflict of laws rules or statutes. The provisions of the U.N. Convention on Contracts for the International Sale of Goods shall not apply to any transaction under the terms of this Agreement. Any dispute, controversy or claim arising out of or related to this Agreement where the amount in controversy is less than $50,000, exclusive interest and costs, shall be resolved by means of binding arbitration. A demand for arbitration shall be served 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 a single arbitrator, then the party seeking arbitration shall file a demand for arbitration with the AAA and the arbitration shall proceed in accordance with the Rules of the AAA. In all circumstances, arbitration shall take place in Oakland County, Michigan. For any dispute, controversy or claim arising out of this Agreement where the amount in controversy exceeds $50,000, exclusive of interest and costs, such dispute shall be adjudicated exclusively by a court of competent jurisdiction in or for Oakland County, Michigan and the parties hereto irrevocably agree to the personal jurisdiction of and venue in such courts and waive any claim that such forum is inconvenient or that the court lacks jurisdiction. In the event of any proceeding related to this Agreement where Hallite is determined to be the prevailing party with regard to some or all claims, Purchaser 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