Covenant Not to Sxx. The parties covenant that under no conditions will any party or any affiliate file any action against the other (except only requests for injunctive or other equitable relief) in any forum other than before the American Arbitration Association, and the parties agree that any such action, if filed, shall be dismissed upon application and shall be referred for arbitration hereunder with costs and attorney's fees to the prevailing party.
Appears in 18 contracts
Samples: Acquisition Agreement (Rayont, Inc.), Acquisition Agreement (Aviation Mining Solutions, Inc.), Acquisition Agreement (Natural Health Farm Holdings Inc)
Covenant Not to Sxx. The parties covenant that under no conditions will any party or any affiliate file any action against the other (except only requests for injunctive or other equitable relief) in any forum other than before the American Arbitration Association, and the parties agree that any such action, if filed, shall be dismissed upon application and shall be referred for arbitration hereunder with costs and attorney's ’s fees to the prevailing party.
Appears in 4 contracts
Samples: Acquisition Agreement (Anvia Holdings Corp), Acquisition Agreement (Anvia Holdings Corp), Acquisition Agreement (Anvia Holdings Corp)
Covenant Not to Sxx. The parties covenant that under no conditions will any party or any affiliate file any action against the other (except only requests for injunctive or other equitable relief) in any forum other than before the American Arbitration AssociationAustralian Centre for International Commercial Arbitration, and the parties agree that any such action, if filed, shall be dismissed upon application and shall be referred for arbitration hereunder with costs and attorney's ’s fees to the prevailing party.
Appears in 3 contracts
Samples: Share Sale Agreement (3d Pioneer Systems, Inc.), Acquisition Agreement (Rayont Inc.), Acquisition Agreement (Rayont Inc.)
Covenant Not to Sxx. The parties covenant that under no conditions condition will any party or any affiliate file any action against the other (except only requests for injunctive or other equitable relief) in any forum other than before the American Arbitration Association, and the parties agree that any such action, if filed, shall be dismissed upon application and shall be referred for arbitration hereunder with costs and attorney's fees to the prevailing party.
Appears in 2 contracts
Samples: Stock Acquisition and Reorganization Agreement (Eurosoft Corp), Stock Acquisition and Reorganization Agreement (Precom Technology Inc)