Determination by Court. If any Dispute is not resolved in accordance with Clause 17.2 nor referred to an expert in accordance with Clause 17.3, nor referred to arbitration by agreement of the Parties in accordance with Clause 17.4, nor referred to the QCA in accordance with Clause 17.6, then the Dispute shall be referred to the courts of the State.
Determination by Court. (a) If any Dispute is not otherwise resolved in accordance with this
(b) Each Party irrevocably and unconditionally:
(i) agrees that the courts of the State, and any courts which have jurisdiction to hear appeals from any of those courts, are to have exclusive jurisdiction to settle disputes which may arise out of or in connection with this Agreement and that accordingly any suit, action or proceeding (Proceedings) arising out of or in connection with this Agreement may be brought in, and only in, such courts;
(ii) waives any objection which it may have now or hereafter to the laying of the venue of any Proceedings in such courts and any Claim that any such Proceedings have been brought in an inconvenient forum; and
(iii) agrees that a final judgment in any Proceedings brought in such courts will be final and binding upon such Party and may be enforced in the courts of any other jurisdiction.
Determination by Court.
(a) resolved in accordance with clause 28.2;
(b) referred to an Expert in accordance with clause 28.3; nor
(c) referred to the QCA in accordance with clause 28.5, then either Party may refer the Dispute to the courts of the State.
Determination by Court. (a) If any Dispute is not otherwise resolved in accordance with this clause 16, then the Dispute may be referred to one of the courts of the State having jurisdiction, and sitting in Brisbane.
(b) Each Party irrevocably and unconditionally:
(i) agrees that the courts of the State, and any courts which have jurisdiction to hear appeals from any of those courts, are to have exclusive jurisdiction to settle disputes which may arise out of or in connection with this Agreement and that accordingly any suit, action or proceeding (Proceedings) arising out of or in connection with this Agreement may be brought in, and only in, such courts;
(ii) waives any objection which it may have now or hereafter to the laying of the venue of any Proceedings in such courts and any Claim that any such Proceedings have been brought in an inconvenient forum; and
(iii) agrees that a final judgment in any Proceedings brought in such courts will be final and binding upon such Party and may be enforced in the courts of any other jurisdiction.
Determination by Court. If any Dispute is not resolved in accordance with this clause 19, then the Dispute may be referred to one of the courts of the State having jurisdiction, and sitting in Brisbane.
Determination by Court. If any Dispute is not:
(a) resolved in accordance with clause 27.2;
(b) referred to an Expert in accordance with clause 27.3; nor
(c) referred to the QCA in accordance with clause 27.5, then either Party may refer the Dispute to the courts of the State. 2528 Force Majeure
Determination by Court. A Member, Officer, or organizer of the Company who is party to a proceeding may apply for indemnification from the Company to the court, IF ANY, conducting the proceeding or to another court of competent jurisdiction. On receipt of an application, the court, after giving notice the court considers necessary, may order indemnification if it determines:
(a) In a proceeding in which the Member, Officer, or organizer is wholly successful, on the merits or otherwise, the Member, Officer, or organizer is entitled to indemnification under this Article, in which case the court shall order the Company to pay the individual his or her reasonable expenses incurred to obtain such court ordered indemnification; or
(b) The individual is fairly and reasonably entitled to indemnification in view of all the relevant circumstances, whether or not the individual met the standard of conduct set forth in Section 8.3 of this Article.
Determination by Court. Deleted: 13.2 Deleted: 18.2 Deleted: 13.3 Deleted: 18.3 Deleted: 13.4 Deleted: 18.4 Deleted: 13.6 Deleted: 18.6 Deleted: 18 If any Dispute is not resolved in accordance with Clause 13.2 nor referred to an expert in accordance with Clause 13.3, nor referred to arbitration by agreement of the Parties in accordance with Clause 13.4, nor referred to the QCA in accordance with Clause 13.6, then the Dispute shall be referred to the courts of the State.
Determination by Court. If a claim for indemnification (following the final disposition of such action, suit or proceeding) or advancement of expenses under this Article VI is not paid in full within thirty days after a written claim therefor by a person entitled to indemnification pursuant to Sections 6.1 and 6.2 has been received by the Corporation, such person may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Corporation shall have the burden of proving that such person is not entitled to the requested indemnification or advancement of expenses under applicable law.
Determination by Court. If any Dispute (other than Disputes referred to an Expert for determination in accordance with clause 9.3) is not otherwise resolved in accordance with this clause 9, then the Dispute may be referred to one of the courts of the State of Queensland sitting in Brisbane. ME_212469013_16
