Convention on Contracts for the International Sale of Goods. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Purchase Order.
Convention on Contracts for the International Sale of Goods. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Purchase Order. Attachment F: Terms Applicable to Suppliers with Access to Patient Information (Business Associate Agreement)[NOTE: Supplier may be requested by MFA to sign a separate Business Associate Agreement in lieu of this Attachment F]If the Purchase Order is issued for goods or services that require Supplier to access certain patient information of the MFA, Supplier agrees it will comply with the terms and conditions of this Business Associate Agreement set forth in this Attachment F. Any conflicts or inconsistencies between the terms and conditions of this Attachment F and the remainder of this Purchase Order, shall be read and resolved in favor of this Attachment F. Supplier, as the “Business Associate” and MFA, as “Covered Entity” memorialize their obligations with respect to the “Standards for Privacy of Individually Identifiable Health Information” (“Privacy Rule”), the security regulations (“Security Rule”), and the Breach Notification Rule promulgated pursuant to the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1171, et seq. (“HIPAA”), as well as any obligations arising from changes made to HIPAA or the Security Rule and Privacy Rule pursuant to the American Recovery and Reinvestment Act of 2009 (“ARRA”) and its implementing regulations. Because Covered Entity may disclose certain information to Business Associate under this Purchase Order, some of which may constitute Protected Health Information (“PHI”) and/or Electronic Protected Health Information (“ePHI”), Business Associate and Covered Entity will comply with the requirements of the Privacy and Security Rules, including, but not limited to, the Business Associate Agreement requirements at 45 C.F.R. §§ 164.314(a) and 164.504(e), and as recently amended by HITECH/ARRA which extends direct application of certain Privacy and Security Rule standards to Business Associates.
Convention on Contracts for the International Sale of Goods. In the event any provision of this XXXX is found to be invalid or unenforceable, it will be enforced to the extent permissible and the remainder of this XXXX will remain in full force and effect. Failure by 3M to prosecute any right with respect to a default hereunder will not constitute a waiver by 3M of the right to enforce rights with respect to the same or any other breach. Any heading, caption or section title contained in this XXXX is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Convention on Contracts for the International Sale of Goods. The Buyer agrees that any action for enforcement of these Terms and Conditions or any other dispute arising hereunder shall be filed in courts sitting in Boston, Massachusetts, and Buyer hereby consents to the jurisdiction and venue of such courts. This provision shall not prohibit the Manufacturer from bringing any action for enforcement or adjudication of any dispute arising hereunder to be heard in any other jurisdiction.
Convention on Contracts for the International Sale of Goods. The rights and obligations of the parties under this Agreement, and this Agreement, shall be governed by and construed under the laws of the State of Oregon and of the United States, without reference to conflict of laws principles. Any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, shall be finally settled by binding arbitration in Portland, Oregon, under the Rules of Arbitration of the International Chamber of Commerce (the "ICC Rules"), by three arbitrators appointed in accordance with said rules. Any and all arbitrators appointed to the ICC Rules shall be fluent in English, and all documents submitted to the arbitration shall be in English or accompanied by an English translation. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdictional thereof. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.
Convention on Contracts for the International Sale of Goods. Each Party hereby irrevocably consents to the exclusive jurisdiction and venue of the federal, state, and local courts in Xxxxxx County, Texas in connection with any action arising out of or in connection with this Agreement.
Convention on Contracts for the International Sale of Goods. This choice of law applies to End Users who are consumers, but only insofar as the protection granted by mandatory provisions of the laws of the country, in which the affected consumer has their habitual residence, is not withdrawn thereby. If End User is a merchant, the exclusive venue for any dispute arising from this XXXX is Dresden, Germany. The same applies, if End User has no general jurisdiction in Germany, or if their domicile or habitual residence are not known at the time the action is brought. Notwithstanding the immediately preceding paragraph, for US-based entities, any dispute arising out of this XXXX will be settled exclusively through binding arbitration administered in Wilmington, Delaware by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from any court having jurisdiction for any alleged or threatened misappropriation of IP Rights or breach of confidentiality. The prevailing party in any proceeding filed hereunder will be entitled to recover its reasonable attorney’s fees and costs. Changes, additions or the cancellation of these XXXX shall be subject at least to text form.
