Common use of Dispute Resolution and Governing Law Clause in Contracts

Dispute Resolution and Governing Law. This Section provides for resolution of Disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury or through a class action. You may continue to have certain rights to obtain relief in small claims court or from a federal or state regulatory agency. The arbitration shall be administered by JAMS pursuant to the Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules. If no disputed claim or counterclaim exceeds $250,000, not including interest or attorneys’ fees, the arbitration shall be administered under the JAMS Streamlined Arbitration Rules and Procedures as modified by this Agreement. Judgment on the Award may be entered in any court having jurisdiction. Notwithstanding any JAMS rule to the contrary or any other provision in arbitration rules chosen by agreement, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, including any disagreements regarding the scope and enforceability of this agreement to arbitrate. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. You and Xxxxxxxx agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Xxxxxxxx agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any portion of this paragraph is found to be unenforceable, then the entirety of this Section 9 shall be null and void. The arbitration process established by this Section 9 is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. You and Xxxxxxxx each agree that the FAA’s provisions—and not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent this Agreement conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Xxxxxxxx to arbitrate on a class-wide, representative, or consolidated basis.

Dispute Resolution and Governing Law. This 13.1 The parties agree to attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiations as follows: (a) Either party may give the other party written notice of any dispute not resolved in the normal course of business. Executives of each of the parties will meet at a mutually acceptable time and place within thirty (30) days after delivery of the notice, and thereafter for as long as they reasonably deem necessary. The purpose of this meeting is for the executives to exchange relevant information and to attempt to resolve the dispute. (b) If the matter has not been resolved by the executives within forty-five (45) days of the notice, or if the parties fail to meet within the thirty (30) day period, the dispute will be resolved by arbitration as set forth below. 13.2 Any controversy or claim arising out of or relating to this Agreement or the validity, inducement, enforcement, or breach thereof, which is not resolved as set forth in Section provides for resolution of Disputes through final and 13.1 shall be resolved by binding arbitration before a neutral single arbitrator instead in accordance with the International Arbitration Rules of the American Arbitration Association (“AAA”) then pertaining, except where those rules conflict with this provision, in which case this provision controls. The parties hereby consent to the jurisdiction of the federal district court for the district in which the arbitration is held for the enforcement of this provision and the entry of judgment on any award rendered hereunder. Should such court for any reason lack jurisdiction, any court with jurisdiction shall enforce this clause and enter judgment on any award. The arbitrator shall be an attorney who has at least 15 years of experience with a law firm or corporate law department of over 10 lawyers or was a judge of a court by a judge or jury or through a class action. You may continue to have certain rights to obtain relief in small claims court or from a federal or state regulatory agencyof general jurisdiction. The arbitration shall be administered by JAMS pursuant to the Comprehensive Arbitration Rules and Procedures held in Minneapolis, Minnesota and in accordance rendering the award the arbitrator must apply the substantive law of Minnesota (except where that law conflicts with this clause), except that the Expedited Procedures in those rules. If no disputed claim or counterclaim exceeds $250,000, not including interest or attorneys’ fees, the interpretation and enforcement of this arbitration provision shall be administered under the JAMS Streamlined Arbitration Rules and Procedures as modified by this Agreement. Judgment on the Award may be entered in any court having jurisdiction. Notwithstanding any JAMS rule to the contrary or any other provision in arbitration rules chosen by agreement, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, including any disagreements regarding the scope and enforceability of this agreement to arbitrate. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. You and Xxxxxxxx agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Xxxxxxxx agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any portion of this paragraph is found to be unenforceable, then the entirety of this Section 9 shall be null and void. The arbitration process established by this Section 9 is governed by the Federal Arbitration Act (“FAA”)Act. The arbitrator shall be neutral, 9 U.S.C. §§ 1-16independent, disinterested, impartial and shall abide by The Code of Ethics for Arbitrators in Commercial Disputes approved by the AAA. You Within 45 days of initiation of arbitration, the parties shall reach agreement upon and Xxxxxxxx each agree thereafter follow procedures assuring that the FAA’s provisions—arbitration will be concluded and the award rendered within no more than eight months from selection of the arbitrator. Failing such agreement, the AAA will design and the parties will follow procedures that meet such a time schedule. Each party has the right before or, if the arbitrator cannot state law—govern all questions hear the matter within an acceptable period, during the arbitration to seek and obtain from the appropriate court provisional remedies such as attachment, preliminary injunction, replevin, etc., to avoid irreparable harm, maintain the status quo or preserve the subject matter of whether a Dispute is subject to the arbitration. To the extent this THE ARBITRATOR SHALL NOT AWARD ANY PARTY PUNITIVE, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, AND EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT TO SEEK SUCH DAMAGES. NO PARTY MAY SEEK OR OBTAIN PREJUDGMENT INTEREST OR ATTORNEYS’ FEES OR COSTS. 13.3 This Agreement conflicts shall be governed by, and interpreted and construed in accordance with the JAMS Policy laws of the State of Minnesota, USA, excluding: (a) the conflict of law provisions now or hereafter in force; and (b) the provisions of the United Nations Convention on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards Contracts for the International Sale of Procedural Fairness (the “Minimum Standards”)Goods dated April 11, the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Xxxxxxxx to arbitrate on a class-wide, representative, or consolidated basis1980.

Dispute Resolution and Governing Law. This Section provides for resolution 14.1 Any dispute, controversy, disagreement or claim of Disputes through any kind whatsoever arising out of or in connection with or relating to this Agreement or the breach, termination or invalidity hereof (the “Dispute”), shall be submitted to final and binding arbitration before a neutral arbitrator instead at the request of in a court by a judge or jury or through a class actionany of the disputing Parties upon written notice to that effect to the other Parties. You may continue to have certain rights to obtain relief in small claims court or from a federal or state regulatory agency. The In the event of such arbitration: 14.1.1 the arbitration shall be through arbitration administered by JAMS pursuant to the Comprehensive Singapore International Arbitration Rules and Procedures and Center (“SIAC”) in accordance with the Expedited Procedures provisions of the arbitration rules of the SIAC, in those rulesforce at the relevant time (which is deemed to be incorporated into this Agreement by reference); 14.1.2 all proceedings of such arbitration shall be in the English language. If no disputed claim or counterclaim exceeds $250,000, not including interest or attorneys’ fees, The seat of the arbitration shall be administered under Singapore and the JAMS Streamlined Arbitration Rules venue of the arbitration shall be Mumbai; 14.1.3 the arbitration shall be conducted before a tribunal (“Tribunal”) which consists of 3 (three) arbitrators. The claimant(s) shall nominate one arbitrator in the notice of arbitration. The respondent(s) shall nominate one arbitrator in the response to the notice of arbitration. The two party-nominated arbitrators shall then have twenty (20) days to agree, in consultation with the parties to the arbitration, upon the nomination of a third arbitrator to act as presiding arbitrator of the tribunal, barring which the President of SIAC shall select the third arbitrator (or any arbitrator that claimant(s) or respondent(s) fail to nominate in accordance with the foregoing); 14.1.4 the award rendered by the Tribunal shall, in addition to dealing with the merits of the case, fix the costs of the arbitration (which includes the Tribunal’s fees) and Procedures as modified decide which of the parties thereto shall bear such costs or in what proportions such costs shall be borne by this Agreement. Judgment such parties; 14.1.5 arbitration awards shall be reasoned awards and shall be final and binding on the Award may be entered in any court having jurisdiction. Notwithstanding any JAMS rule to the contrary or any other provision in disputing Parties; 14.1.6 this arbitration rules chosen by agreement, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, including any disagreements regarding the scope and enforceability of this agreement to arbitrate. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. You and Xxxxxxxx agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Xxxxxxxx agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any portion of this paragraph is found to be unenforceable, then the entirety of this Section 9 shall be null and void. The arbitration process established by this Section 9 is governed by the Federal Laws of Singapore. It is expressly agreed that: (a) provisions of Part I of the Arbitration Act and Conciliation Act, 1996 (“FAA”), 9 U.S.C. §§ 1-16. You and Xxxxxxxx each agree that the FAA’s provisions—and India) will not state law—govern all questions of whether a Dispute is subject apply to arbitration. To the extent this Agreement conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Xxxxxxxx to arbitrate on a class-wide, representative, or consolidated basis.arbitration agreement; and

Dispute Resolution and Governing Law. This Section provides Agreement will be governed by the laws of India, without reference to rules governing choice of laws or the Convention on Contracts for resolution the International Sale of Disputes Goods. The laws of India govern this Agreement and your use of the Services. Any dispute or claim of any nature relating in any way to your use of any Services covered under this Agreement will be adjudicated through final and binding arbitration before a neutral arbitrator instead of in a court arbitration, by a judge or jury or through a class action. You may continue sole arbitrator to have certain rights to obtain relief in small claims court or from a federal or state regulatory agencybe appointed by Gharobaar. The arbitration arbitral proceedings shall be administered by JAMS pursuant to the Comprehensive Arbitration Rules and Procedures and conducted in accordance with the Expedited Procedures provisions of the (Indian) Arbitration and Conciliation Act, 1996 or such statutory amendments thereof (“Arbitration Act”). The arbitration proceedings will be conducted in those rules. If no disputed claim or counterclaim exceeds $250,000, not including interest or attorneys’ fees, English and the arbitration venue of the arbitral proceedings shall be administered Delhi, India. Each party agrees that courts in Delhi will have the sole and exclusive jurisdiction over all arbitral applications. The fast track procedures under the JAMS Streamlined Arbitration Rules and Procedures Act will apply to all proceedings as modified stipulated. You may not transfer or assign all or any portion of this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt to assign or otherwise transfer in violation of this section is void provided, however, that upon notice to Gharobaar, you may assign or transfer this Agreement, in whole or in part, to any of your Affiliates as long as you remain liable for your obligations that arose prior to the effective date of the assignment or transfer under this Agreement. Judgment on You agree that we may assign or transfer our rights and obligations under this Agreement: (a) in connection with a merger, consolidation, acquisition or sale of all or substantially all of our assets or similar transaction;, or (b) to any Affiliate or as part of a corporate reorganization; and effective upon such assignment, the Award assignee is deemed substituted for Gharobaar as the party to this Agreement. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may be entered in perform any court having jurisdictionof our obligations or exercise any of our rights under this Agreement through one or more of our Affiliates. Notwithstanding Our failure to enforce your strict performance of any JAMS rule provision of this Agreement will not constitute a waiver of our right to the contrary enforce such provision or any other provision in arbitration rules chosen by agreementof this Agreement subsequently. Gharobaar retains the right to immediately halt any transaction, we each agree that all issues regarding the Dispute are delegated prevent or restrict access to the arbitrator Services or take any other action to deciderestrict access to or availability of any inaccurate listing, including any disagreements regarding the scope and enforceability of this agreement to arbitrateinappropriately categorized items, any unlawful items, or any items otherwise prohibited. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms The authentic language of this Agreement and subsidiary or associated documentation shall be English and any translations provided are for convenience only. In the event of any conflict or difference in interpretation between the English language version of this Agreement and subsidiary or associated documentation and any translation of them, the English language version and interpretation shall prevail. You agree that we may, in our sole discretion, disclose or make available any information provided or submitted by you or related to your participation under this Agreement (including information regarding Your Products or Your Transactions) to any judicial, quasi-judicial, governmental, regulatory or any other authority as may not limitbe required by us to co-operate and / or comply with any of their orders, expandinstructions or directions or to fulfil any requirements under applicable Laws. Gharobaar will provide notice to you under this Agreement by posting changes on their Website or on the applicable Gharobaar Services site to which the changes relate, by sending you an email notification, or otherwise modify its termsby similar means. You must send all notices and Xxxxxxxx agree that each other communications relating to Gharobaar to our Selling Partner Support team via Website, email, the Contact Us form, or similar means. We may bring claims against the other only also communicate with you in connection with your or its individual capacitylistings, sales, and not as a plaintiff the Services electronically and in other media, and you consent to such communications. For contractual purposes, you consent to receive such communications through any mode including SMS, e-mail, phone calls etc. If at any time, now or class member in any purported class or representative proceeding. Furtherthe future, unless both you and Xxxxxxxx agree otherwisedecide to change your preferences, the arbitrator same should be updated via our Website by following the necessary steps. You may not consolidate more than one person’s claims, change your e-mail addresses or phone numbers via Your Account. Please update these details (including your legal name and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent address) as often as necessary to provide relief warranted by ensure that party’s individual claimthey are accurate. Please continue to use Website as the primary means of managing your orders and seller account. If any portion provision of this paragraph Agreement is found to be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the entirety validity and enforceability of this Section 9 shall be null any remaining provisions. This Agreement represents the entire agreement between the parties with respect to the Services and void. The arbitration process established by this Section 9 is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. You related subject matter described herein and Xxxxxxxx each agree that the FAA’s provisions—supersedes any previous or contemporaneous oral or written agreements and not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent this Agreement conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Xxxxxxxx to arbitrate on a class-wide, representative, or consolidated basisunderstandings.

Dispute Resolution and Governing Law. 16.1. This Section provides for resolution Agreement shall be governed by the laws of Disputes through final Hong Kong as to all matters including validity, construction, effect, performance and binding remedies without giving effect to the principles of choice of law thereof. 16.2. In the event of any dispute, controversy, or claim arising out of or relating to the Agreement or the construction, interpretation, performance, breach, termination, enforceability or validity thereof, or intend to commence or initiate any legal proceedings or arbitration before against the Company relating to the defaults of the Company or Cassava, you shall first contact us, no later than sixty (60) days from the date of its discovery of the dispute, controversy or claim, by giving a neutral arbitrator instead default notice outlining the nature and basis of in a court by a judge the claim or jury or through a class actiondispute and the specific relief sought to us at xxxx@xxxxxxx.xxxxxxx and we will attempt to resolve the same dispute internally as soon as possible. You may continue agree to have certain rights negotiate in good faith to obtain relief resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in small claims court or from a federal or state regulatory agencyany legal proceeding). In the event the dispute cannot be resolved satisfactorily within thirty (30) days of receipt of the default notice, the Parties shall resolve the dispute by referring to the procedure set forth at Section 16.2. The mechanism contained in this Section 16.1 shall be a prerequisite to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by Cassava shall not be disclosed to the arbitrator. 16.3. You and the Company agree that any dispute which cannot otherwise be resolved as provided in the Section 16.1 above shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted, as modified by the HKIAC Procedures for the Administration of International Arbitration. The law of this arbitration clause shall be Hong Kong law. The place of arbitration shall be administered by JAMS pursuant to Hong Kong. Unless the Comprehensive Arbitration Rules and Procedures and parties agree otherwise, there shall be only one arbitrator appointed in accordance with the Expedited Procedures HKIAC Rules. Any arbitration will be conducted in those rulesthe English language. 16.4. Any arbitration against the Company must be commenced by filing a request for arbitration within one (1) year (inclusive of the internal dispute resolution procedure set forth in Section 16.1) after the date you first know or reasonably should know of the act, omission or default giving rise to the claim. There shall be no right to any remedy for any claim not asserted within that time period. If no disputed applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. 16.5. You agree that any claims relating to this Agreement or counterclaim exceeds $250,000to your relationship with Cassava as a user of Cassava Services (whether based in contract, not including interest or attorneys’ feestort, the arbitration shall be administered under the JAMS Streamlined Arbitration Rules and Procedures as modified by this Agreement. Judgment on the Award may be entered in any court having jurisdiction. Notwithstanding any JAMS rule to the contrary statute, fraud, misrepresentation, or any other provision in arbitration rules chosen by agreementlegal theory, we each agree that all issues regarding and whether the Dispute are delegated to claims arise during or after the arbitrator to decide, including any disagreements regarding the scope and enforceability termination of this agreement to arbitrate. In conducting the arbitration and making any award, the arbitrator these Terms) shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. You and Xxxxxxxx agree that each may bring claims brought against the other party in an arbitration on an individual basis only in your or its individual capacity, and not as a plaintiff or class member in any a purported class or representative proceedingaction. Further, unless both you and Xxxxxxxx You further agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over to waive any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any portion of this paragraph is found right for such claims to be unenforceablebrought, then the entirety of this Section 9 shall be null and void. The arbitration process established by this Section 9 is governed by the Federal Arbitration Act (“FAA”)heard, 9 U.S.C. §§ 1-16. You and Xxxxxxxx each agree that the FAA’s provisions—and not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent this Agreement conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Xxxxxxxx to arbitrate on arbitrated as a class-wide, collective, representative, or consolidated basisprivate attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including Cassava. 16.6. Even if we delay in enforcing the rights of this Agreement, it should not constitute a waiver of our rights and we can still enforce the same in the future for as long as permitted under the applicable law. If we do not immediately request or insisted that you do or cease to do anything that may be required or prohibited under this Agreement, or if we delay in taking steps against you in respect of your breaching any terms of this Agreement, that shall not constitute a waiver of your obligations under this Agreement and shall not prevent us taking steps against you in the future.

Dispute Resolution and Governing Law. This 12.1 Subject to the provisions described in Section provides for resolution 4.1(e), any controversy or claim arising out of Disputes through final and binding or in relation to this Agreement, or breach hereof, shall be finally settled by arbitration before a neutral arbitrator instead of in a court by a judge or jury or through a class action. You may continue to have certain rights to obtain relief in small claims court or from a federal or state regulatory agency. Mxxxxx County, New Jersey. (a) The arbitration shall be administered by JAMS pursuant to the Comprehensive Arbitration Rules and Procedures and conducted before three arbitrators in accordance with the Expedited Procedures Rules of the American Arbitration Association then in those ruleseffect. (b) The Party or Parties requesting arbitration shall appoint one arbitrator and the other Parties in the position of defendant shall jointly appoint a second arbitrator within thirty (30) days after receipt of a demand for arbitration. The arbitrators shall be freely selected, and the Parties shall not be limited to any prescribed list. The two arbitrators thus appointed shall, within thirty (30) days after both shall have been appointed, appoint a third arbitrator, who shall preside over the arbitration proceedings. (c) If no disputed claim or counterclaim exceeds $250,000any appointment required herein shall not be made within the prescribed time, not including interest or attorneys’ fees, then such appointment may be made by Boomerang. (d) The award of the arbitrators shall be final and conclusive. All Parties taking part in the arbitration shall be administered under bound by the JAMS Streamlined Arbitration Rules award rendered by the arbitrators and Procedures as modified by this Agreement. Judgment on the Award judgment thereon may be entered in any court having of competent jurisdiction. . (e) Notwithstanding any JAMS rule to the contrary or any other provision in arbitration rules chosen by agreement, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, including any disagreements regarding the scope and enforceability of this agreement to arbitrate. In conducting the arbitration and making Agreement, any award, the arbitrator Party shall be bound by entitled to seek preliminary injunctive relief from any court of competent jurisdiction pending the final decision or award of the arbitrators. 12.2 The validity, performance, construction and strictly enforce the terms effect of this Agreement and may not limit, expand, or otherwise modify its terms. You and Xxxxxxxx agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Xxxxxxxx agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any portion of this paragraph is found to be unenforceable, then the entirety of this Section 9 shall be null and void. The arbitration process established by this Section 9 is governed by the Federal Arbitration Act (“FAA”)substantive laws of the State of New Jersey, 9 U.S.C. §§ 1-16USA. You The Parties submit to the exclusive and Xxxxxxxx each agree that irrevocable venue in the FAA’s provisions—and not state law—govern all questions federal courts of whether a Dispute is subject to arbitration. To the extent this Agreement conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards New Jersey for either injunctive relief or enforcement of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Xxxxxxxx to arbitrate on a class-wide, representative, or consolidated basisany arbitration award.

Dispute Resolution and Governing Law. This (a) Any discrepancy or dispute related to the appropriate GAAP accounting for the costs of manufactured Products shall be handled by an accounting expert as provided under Section provides for 7(e). (b) For any disputes not related to GAAP accounting as provided above, and in order to encourage each party to resolve any such dispute without resorting to legal action, the parties agree to submit any other dispute between them arising out of this Agreement to mediation before a mutually-agreeable Judicate West mediator handling commercial disputes in San Diego, California prior to the filing of any legal action. In the event that the parties cannot agree on such a Judicate West mediator, then the mediator proposed by each of the parties shall meet and they shall select a mediator to handle the matter. The mediator shall attempt to bring the parties to a mutually-agreeable resolution of Disputes through final the dispute. In the event the parties cannot reach agreement, the mediator shall request confidential position statements from each party, including any additional documentation deemed pertinent by the mediator, and binding arbitration before shall thereafter deliver a neutral arbitrator instead proposed mediator’s settlement to the parties. Each party shall advance the costs equivalent to one full day of in a court by a judge or jury or through a class actionmediation to the mediator prior to the mediation. You may continue to have certain rights to obtain relief in small claims court or from a federal or state regulatory agency. The arbitration In the event the parties reach agreement, any excess amount paid shall be administered by JAMS pursuant returned equally to the Comprehensive Arbitration Rules and Procedures and in accordance with parties. In the Expedited Procedures in those rules. If no disputed claim or counterclaim exceeds $250,000event the parties do not reach agreement, not including interest or attorneys’ fees, the arbitration any excess of amount paid shall be administered under returned to the JAMS Streamlined Arbitration Rules party whose final proposal as reflected in its position statement is closest to that proposed in the mediator’s settlement, and Procedures any amount remaining due shall be paid by the party whose final proposal as modified reflected in its position statement is furthest from that proposed in the mediator’s settlement. (c) This Agreement shall be governed by and construed according to the laws of the State of California, and each party voluntarily submits to the personal jurisdiction of the courts of the State of California, which courts shall have exclusive jurisdiction over any dispute arising out of the construction, interpretation, or enforcement of this Agreement. Judgment on the Award may In order to further encourage each party to resolve any potential dispute without resorting to legal action, any action commenced by BioZone shall be entered brought in an appropriate California court located in San Diego, California, any action commenced by Cardium shall brought in an appropriate California court having jurisdiction. Notwithstanding any JAMS rule located in San Francisco, California, and each party agrees to submit to the contrary or exclusive jurisdiction of such court. Each party further agrees that service of process by U. S. Certified Mail to such party’s address for notices set forth in this Agreement shall be effective service of process with respect to any other provision in arbitration rules chosen by agreement, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, including any disagreements regarding the scope and enforceability disputes arising out of this agreement to arbitrate. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. You and Xxxxxxxx agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Xxxxxxxx agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any portion of this paragraph is found to be unenforceable, then the entirety of this Section 9 shall be null and void. The arbitration process established by this Section 9 is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. You and Xxxxxxxx each agree that the FAA’s provisions—and not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent this Agreement conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Xxxxxxxx to arbitrate on a class-wide, representative, or consolidated basisAgreement.

Dispute Resolution and Governing Law. This Section provides 17.1 In the event of a dispute between the parties arising out of or relating to this Agreement, representatives of the parties responsible for the day-to-day operations under this Agreement (the “Operations Representatives”) will meet and work in good faith to attempt to resolve such dispute prior to initiating any action hereunder for a period of thirty (30) days from the date of written notice of such dispute from either party. If the Operations Representatives fail to reach a resolution mutually satisfactory to both parties within such time period, the dispute will be referred to members of Disputes through final the senior management of both parties, who will meet and binding arbitration before work in good faith to attempt to resolve such dispute for a neutral arbitrator instead period of in a court by a judge or jury or through a class action. You may continue thirty (30) days after completion of the Operations Representatives’ discussions. 17.2 In the event that any such dispute cannot be resolved thereby within the aforementioned thirty (30) day period (the last day of such thirty (30) day period being herein referred to have certain rights to obtain relief in small claims court or from a federal or state regulatory agency. The arbitration as the “Arbitration Date”), such dispute shall be administered finally settled by JAMS pursuant to arbitration in Philadelphia, Pennsylvania, using the Comprehensive English language in accordance with the Arbitration Rules and Procedures of the American Arbitration Association then in effect, by one or more commercial arbitrator(s) with substantial experience in resolving complex commercial contract disputes, who may or may not be selected from the appropriate list of AAA arbitrators. If the parties cannot agree upon the number and identity of the arbitrators within fifteen (15) days following the Arbitration Date, then a single arbitrator shall be selected on an expedited basis in accordance with the Expedited Arbitration Rules and Procedures of AAA, provided that any arbitrator so selected shall have substantial experience in those rulesthe pharmaceutical industry. If no disputed claim or counterclaim exceeds $250,000The arbitrator(s) shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, not arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator(s) may determine. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including interest or reasonable attorneys’ fees, the arbitration shall be administered under the JAMS Streamlined Arbitration Rules expert witness fees and Procedures as modified by this Agreementall other expenses) incurred in connection therewith. Judgment on upon the Award award so rendered may be entered in any a court having jurisdictionjurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator(s), provided that a permanent injunction and damages shall only be awarded by the arbitrator(s). In any JAMS rule action or proceeding to enforce rights under this Agreement, the contrary or any other provision in arbitration rules chosen by agreementprevailing party shall be entitled to recover costs and attorneys’ fees. For the avoidance of doubt, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decidevalidity, including any disagreements regarding the scope construction, and enforceability of this agreement Agreement and the resolution of disputes arising out of and relating to arbitrate. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limitany related agreements, expandcollectively or separately, or otherwise modify its terms. You and Xxxxxxxx agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Xxxxxxxx agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any portion of this paragraph is found to be unenforceable, then the entirety of this Section 9 shall be null and void. The arbitration process established governed solely by this Section 9 is 17.2. 17.3 This Agreement shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16laws of the State of Pennsylvania without regard to the conflicts of law provisions thereof. You and Xxxxxxxx each agree that The United Nations Convention on Contracts for the FAA’s provisions—and International Sale of Goods shall not state law—govern all questions of whether a Dispute is subject apply to arbitration. To the extent this Agreement conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Xxxxxxxx to arbitrate on a class-wide, representative, or consolidated basisAgreement.

Dispute Resolution and Governing Law. This Section provides for resolution 16.1 The rights and obligations of Disputes through final the Parties under this Agreement and binding arbitration before a neutral arbitrator instead other legal relations arising out of in a court by a judge or jury or through a class action. You may continue to have certain rights to obtain relief in small claims court or from a federal or state regulatory agency. The arbitration this Agreement shall be administered by JAMS pursuant to the Comprehensive Arbitration Rules and Procedures and governed in accordance with the Expedited Procedures laws of the Russian Federation. Any dispute, controversy, complaint and/or claim arising out of or in those rulesconnection with this Agreement, including the entry into force, execution, amendment, performance, breach, termination, validity, including any non-contractual obligations which can arise out of or in connection with this Agreement, shall be referred to and finally resolved by arbitration administered by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (“ICAC”) in accordance with its applicable regulations and rules (“ICAC Rules”). 16.2 An arbitral tribunal shall consist of 3 (three) arbitrators. The Buyer shall select 1 (one) arbitrator and the Sellers shall select 1 (one) arbitrator. The third and presiding arbitrator shall be elected by the arbitrators elected by the Parties or for them. The arbitrations can be appointed either from the ICAC’s lists or not from such lists. 16.3 If no disputed claim the claimant and / or counterclaim exceeds $250,000respondent have not exercised their right to appoint an arbitrator within the prescribed time limit, or if the two arbitrators have not including interest or attorneys’ feesreached an agreement on the appointment of a presiding arbitrator, such arbitrator(s) shall be appointed by the ICAC in accordance with the ICAC Rules. In such cases, the arbitrator(s) already appointed shall retain their powers. 16.4 The seat of the arbitration shall be administered under Moscow, Russian Federation. 16.5 The language of the JAMS Streamlined Arbitration Rules and Procedures as modified by this Agreement. Judgment arbitration shall be Russian. 16.6 An arbitral award shall be final for the Parties, it shall enter into force on the Award may be entered date when it is rendered and is not subject to annulment. 16.7 The Parties by their express agreement exclude the possibility of submitting an application to a competent state court for a decision on the absence of competence of the arbitral tribunal in any court having jurisdiction. Notwithstanding any JAMS rule to connection with the contrary or any other provision in arbitration rules chosen issuance by agreement, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, including any disagreements regarding the scope and enforceability of this agreement to arbitrate. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. You and Xxxxxxxx agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Xxxxxxxx agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form arbitral tribunal of a representative or class proceeding. separate ruling on the preliminary issue of its competence. 16.8 The arbitrator may award declaratory or injunctive relief only in favor Parties by their express agreement exclude the possibility of consideration by a state court of the individual party seeking relief and only issue of appointing arbitrators, recusal of arbitrators or terminating their powers on other grounds. 16.9 Nothing in this Clause restricts the right of either Party to apply to any competent court for interim measures or for the extent necessary to provide relief warranted by that party’s individual claim. If any portion recovery of this paragraph is found to be unenforceable, then evidence (either before or after the entirety commencement of this Section 9 shall be null and void. The arbitration process established by this Section 9 is governed by the Federal Arbitration Act (“FAA”arbitration), 9 U.S.C. §§ 1-16. You as well as to apply for recognition and Xxxxxxxx each agree that enforcement of the FAA’s provisions—arbitral award. 16.10 For the avoidance of doubt, any matters to which the provisions of Russian law applicable to arbitration proceedings in the territory of the Russian Federation might apply are resolved in accordance with this Clause and not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent this Agreement conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Xxxxxxxx to arbitrate on a class-wide, representative, or consolidated basisICAC Rules.

Dispute Resolution and Governing Law. This Section provides 12.1. In case any dispute arises between the Parties with respect to the MOU, including its validity, interpretation, implementation or alleged material breach of any of its provisions, the Parties hereto shall endeavor to settle such dispute amicably. 12.2. If the Parties fail to bring about an amicable settlement within a period of 30 (thirty) days from the date on which the dispute is raised by either Party in writing, dispute shall be taken up by either Party for resolution through AMRCD as mentioned in DPE OM No. 4(1)/2013 – DPE (GM)/ FTS – 1835 dt. 22/05/2018 and revised guidelines dt. 14.12.2022 and OM No. 334774/DoLA/AMRD/2019 dated 31st March, 2020, issued by Department of Disputes through final and binding Legal Affairs, Ministry of Law & Justice, Government of India.. The cost of the arbitration before a neutral arbitrator instead of in a court by a judge or jury or through a class action. You may continue to have certain rights to obtain relief in small claims court or from a federal or state regulatory agency. The arbitration proceedings shall be administered borne equally by JAMS pursuant the Parties. 12.3. If at the time of occurrence of the dispute, mandate of AMRCD/PMA is not in existence or is not applicable to the Comprehensive Arbitration Rules and Procedures and dispute, the Parties shall opt for the arbitration in accordance with the Expedited Procedures in those rulesprovisions of the Arbitration and Conciliation Act, 1996 and Rules made there under, or any legislative amendment or modification made thereto. If no disputed claim or counterclaim exceeds $250,000The reference shall be to a sole arbitrator, not including interest or attorneys’ mutually appointed by the Parties. All fees, costs, or expenses pertaining to arbitration proceedings shall initially be borne equally by the Parties, and will be reimbursed, within a period of 30 days, to the other Party in whose favor the award is passed. Any other fees and costs incurred by the Parties, other than in respect of arbitration proceedings, shall be borne by the respective Parties 12.4. In that case, the seat of the arbitration shall be administered Mumbai. The award given by the Arbitrator shall be final and binding on the Parties. The language of arbitration shall be English. The Parties shall continue to perform their respective obligations under this MOU, despite the continuance of the arbitration proceedings, except for the disputed part under arbitration 12.5. This MOU shall be governed by and interpreted in accordance with the laws of India. The courts in Mumbai only shall have the exclusive jurisdiction to try, entertain and decide the matters which are not covered under the JAMS Streamlined Arbitration Rules and Procedures as modified by this Agreement. Judgment on the Award may be entered in any court having jurisdiction. Notwithstanding any JAMS rule to the contrary or any other provision in arbitration rules chosen by agreement, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, including any disagreements regarding the scope and enforceability ambit of this agreement to arbitrate. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. You and Xxxxxxxx agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Xxxxxxxx agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any portion of this paragraph is found to be unenforceable, then the entirety of this Section 9 shall be null and void. The arbitration process established by this Section 9 is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. You and Xxxxxxxx each agree that the FAA’s provisions—and not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent this Agreement conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Xxxxxxxx to arbitrate on a class-wide, representative, or consolidated basisArbitration.

Dispute Resolution and Governing Law. This Section provides Agreement shall be governed by the laws of the State of New York, (excluding its conflict of law provisions, the UN Convention on Contracts for resolution the International Sale of Disputes through final Goods, and any laws which govern the validity, perfection, or creation of any lien or security interest hereunder, and the exercise of rights or remedies with respect of such lien or security interest for a particular item which will be governed by the laws of the applicable jurisdiction pertaining to liens). If the Parties are unable to amicably resolve any dispute within sixty (60) days, the dispute will be settled by binding arbitration before a neutral arbitrator instead of in a court by a judge or jury or through a class action. You may continue to have certain rights to obtain relief in small claims court or from a federal or state regulatory agency. The arbitration shall be administered by JAMS pursuant to the Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules. If no disputed claim or counterclaim exceeds $250,000, not including interest or attorneys’ fees, the arbitration shall be administered under the JAMS Streamlined Commercial Arbitration Rules and Procedures of the American Arbitration Association in a mutually agreed location. Either Party may take appropriate legal action as modified by this Agreement. Judgment on the Award may be entered in any court having jurisdiction. Notwithstanding any JAMS rule to required for the contrary or any other provision in enforcement of such arbitration rules chosen by agreement, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, including any disagreements regarding the scope and enforceability of this agreement to arbitrate. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. You and Xxxxxxxx agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Xxxxxxxx agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any portion dispute, controversy or claim arises out of or in connection with this paragraph is found to be unenforceable, then the entirety of this Section 9 shall be null and void. The arbitration process established by this Section 9 is governed by the Federal Arbitration Act Agreement (“FAA”), 9 U.S.C. §§ 1-16. You and Xxxxxxxx each agree that the FAA’s provisions—and not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent this Agreement conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum StandardsDispute”), the Minimum Standards Parties shall first attempt, in good faith, to resolve the dispute through negotiation between their designated senior management representatives for a period of thirty (30) calendar days from the date of notice of the Dispute sent by one Party to the other Party (“Dispute Notice”). The Party sending the Dispute Notice shall, in such notice: (i) set forth the specifics of the Dispute in detail; and (ii) designate its senior management representative. The other Party shall, within five (5) business days after receiving the Initial Dispute Notice and by written notice to the initiating Party, designate its senior management representative and add any other issues or claims for resolution not identified in the Dispute Notice. (a) Subject to Paragraph (c) below, any Dispute that regard cannot be amicably settled by the Parties shall be finally settled under the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”), commencing with the filing of a notice of demand for arbitration by either Party following the conclusion of the thirty (30) calendar day period referenced in the paragraph above. Any arbitration will apply. Howeverbe conducted in accordance with the following: (i) if the Dispute involves a claim for damages totaling at least $5,000,000 USD (combined with damages alleged in any counterclaim, nothing cross-claim or third party claim but not including attorneys’ fees or other costs associated with the resolution of the dispute), the Dispute is to be decided by three arbitrators appointed in this paragraph will require accordance with the AAA Rules – all other claims are to be decided by one arbitrator appointed in accordance with the AAA Rules; (ii) the arbitrator has no authority to award punitive or allow you or Xxxxxxxx to arbitrate on a class-wideother damages beyond the prevailing Party's actual direct damages and may not, representativein any event, make any ruling, finding, or consolidated basisaward that does not conform to the Terms and Conditions of the Agreement; (iii) the arbitration award is to be in writing and is to specify the factual and legal basis for the award; (iv) the Parties are to share all fees and expenses of the arbitration equally, with the exception that each Party bears the expense of its own counsel, experts, witnesses, and preparation and presentation of submissions.

Dispute Resolution and Governing Law. This Section provides for resolution 22.1 If a dispute or difference (Dispute) arises between the Parties relating to this Agreement, representatives of Disputes through final the Parties shall, within ten (10) business days of a written notice from one Party to the other Party (a Dispute Notice), hold a meeting (a Dispute Meeting) in an effort to resolve the dispute or difference. Each Party shall use all reasonable endeavours to send a representative who has authority to settle the dispute or difference at the Dispute Meeting. 22.2 Any Dispute which is not resolved within thirty (30) business days after the service of a Dispute Notice, whether or not a Dispute Meeting has been held, shall be referred to and binding finally resolved by arbitration before a neutral arbitrator instead under the London Court of in a court International Arbitration Rules, and such Rules are deemed to be incorporated by a judge reference into this clause, and 22.2.1 the number of arbitrators shall be three (3); 22.2.2 the seat, or jury or through a class action. You may continue to have certain rights to obtain relief in small claims court or from a federal or state regulatory agency. The legal place, of arbitration shall be administered by JAMS pursuant London; 22.2.3 the language to be used in the Comprehensive Arbitration Rules and Procedures and in accordance with arbitral proceedings shall be English; and 22.2.4 the Expedited Procedures in those rules. If no disputed claim or counterclaim exceeds $250,000, not including interest or attorneys’ fees, governing law of this Agreement shall be the laws of England. 22.3 The cost of the arbitration shall be administered under borne by the JAMS Streamlined Arbitration Rules and Procedures losing Party to the arbitration proceeding as determined by the arbitrators. 22.4 By agreeing to arbitration in accordance with this clause, the Parties do not intend to deprive any competent court of its jurisdiction and/or the right to issue a pre-arbitral injunction, pre-arbitral attachment or other order in aid of the arbitration proceedings or the enforcement of any award. Any interim or provisional relief ordered by any competent court may subsequently be vacated, continued or modified by this Agreement. Judgment the arbitral tribunal on the Award may be entered application of either. 22.5 The Parties undertake to keep confidential all awards in any court having jurisdiction. Notwithstanding any JAMS rule to arbitration, together with all materials in the contrary or any other provision in arbitration rules chosen by agreement, we each agree that all issues regarding proceedings created for the Dispute are delegated to the arbitrator to decide, including any disagreements regarding the scope and enforceability purpose of this agreement to arbitrate. In conducting the arbitration and making any awardall other documents produced by another Party in the proceedings not otherwise in the public domain, save and to the arbitrator extent that disclosure may be required of a Party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority. 22.6 This clause 22 shall be bound by and strictly enforce survive the terms expiration or termination of this Agreement and may not limit, expand, or otherwise modify its terms. You and Xxxxxxxx agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Xxxxxxxx agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any portion of this paragraph is found to be unenforceable, then the entirety of this Section 9 such event shall be null and void. The treated as an independent arbitration process established by this Section 9 is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. You and Xxxxxxxx each agree that the FAA’s provisions—and not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent this Agreement conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Xxxxxxxx to arbitrate on a class-wide, representative, or consolidated basisagreement.

Dispute Resolution and Governing Law. This Section provides for resolution of Disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury or through a class action. You may continue to have certain rights to obtain relief in small claims court or from a federal or state regulatory agency. The arbitration Agreement shall be administered governed by JAMS pursuant to the Comprehensive Arbitration Rules and Procedures and laws of the State of Arizona, U.S.A. ANY CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO THIS AGREEMENT OR THE COMMISSION SCHEDULE, OR THE BREACH THEREOF, SHALL BE SETTLED BY CONFIDENTIAL BINDING ARBITRATION. All arbitration proceedings shall be held in accordance with Maricopa County, State of Arizona, unless the Expedited Procedures laws of the jurisdiction where you reside expressly require the application of its laws, in those rules. If no disputed claim or counterclaim exceeds $250,000, not including interest or attorneys’ fees, which case the arbitration shall be administered under held in the JAMS Streamlined Arbitration Rules capital of that jurisdiction. At least one arbitrator shall be an attorney at law experienced in business law transactions and Procedures as modified by this Agreementaffiliate marketing. Neither the parties nor the arbitrator(s) may disclose the existence, content, or results of any arbitration without the prior written consent of both parties. Judgment on any award rendered by the Award arbitrator(s) may be entered in any court having jurisdiction. Notwithstanding any JAMS rule Each party to the contrary or any arbitration shall be responsible for its own costs and expenses, including legal and filing fees; provided, however, that the arbitrator will have discretion to award legal fees and other provision in arbitration rules chosen by agreement, we each agree that all issues regarding the Dispute are delegated costs to the arbitrator to decide, including any disagreements regarding the scope and enforceability prevailing party. The decision of this agreement to arbitrate. In conducting the arbitration and making any award, the arbitrator shall be bound by final and strictly enforce binding on the terms parties. This agreement to arbitrate shall survive any termination or expiration of this Agreement your relationship with Xxxxxxxx. Nothing in the arbitration provision prohibits either party from obtaining a temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and may not limitprotect the party’s interests prior to, expandduring or following the filing of any arbitration or other proceeding, or otherwise modify its terms. You and Xxxxxxxx agree that each may bring claims against pending the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Xxxxxxxx agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form rendition of a representative decision or class award in connection with an arbitration or other proceeding. The arbitrator may award declaratory or arbitrator(s) will have the authority to continue injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claimenter a permanent order granting such relief. If any portion of this paragraph is found to be unenforceable, then the entirety of this Section 9 shall be null and void. The arbitration process established by this Section 9 is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. You and Xxxxxxxx We each agree that the FAA’s provisions—any dispute resolution proceedings will be conducted only on an individual basis and not state law—govern all questions of whether in a Dispute is subject class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to arbitrationa jury trial. To the extent this Agreement conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in We also both agree that regard will apply. However, nothing in this paragraph will require or allow you or Xxxxxxxx we may bring suit in court to arbitrate on a class-wide, representative, enjoin infringement or consolidated basisother misuse of intellectual property rights.

Dispute Resolution and Governing Law. This Section provides for resolution 15.1 The parties will attempt to settle any claim or controversy arising out of Disputes these T&Cs through final consultation and binding arbitration before a neutral arbitrator instead negotiation in good faith and the spirit of in a court by a judge or jury or through a class action. You may continue to have certain rights to obtain relief in small claims court or from a federal or state regulatory agency. The arbitration shall be administered by JAMS pursuant to the Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rulesmutual cooperation. If no disputed claim or counterclaim exceeds $250,000, not including interest or attorneys’ fees, the arbitration shall be administered under the JAMS Streamlined Arbitration Rules and Procedures as modified by this Agreement. Judgment on the Award may be entered in any court having jurisdiction. Notwithstanding any JAMS rule to the contrary or any other provision in arbitration rules chosen by agreement, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, including any disagreements regarding the scope and enforceability of this agreement to arbitrate. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. You and Xxxxxxxx agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Xxxxxxxx agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any portion of this paragraph is found to be unenforceablethose attempts fail, then the entirety dispute will be submitted for non-binding mediation conducted by a mutually acceptable mediator. The mediator will be chosen by the parties within 21 calendar days after written notice by either party to the other party demanding mediation. In no event will either party unreasonably withhold consent to the selection of a mediator and both parties will share equally the costs of the mediation. Any dispute that cannot be resolved between the parties through negotiation or mediation within 45 calendar days of the date of the initial written notice demanding mediation, unless the parties agree in writing to extend such term, may then be submitted for resolution to the corresponding courts, as indicated in these T&Cs. Nothing in this Section will prevent either party from resorting to judicial proceedings at any time, if: (a) the claim or lawsuit involves intellectual property rights or (b) interim relief from a court is necessary to prevent serious and irreparable injury to that party or to others. 15.2 These T&Cs will be interpreted under, and any disputes whether sounding in contract, tort or otherwise arising out of these T&Cs will be governed by, the laws of the State of Illinois, excluding its conflicts of law principles. Buyer irrevocably consents to the exclusive jurisdiction of the state and federal courts located in Cook or Lake County in the State of Illinois, USA, in connection with all actions arising out of or in connection with these T&Cs, and waives any objections that venue is an inconvenient forum. Xxxxx further agrees that it will not initiate any action against Seller in any other jurisdiction. 15.3 Notwithstanding the foregoing, if the Seller is a Seller Affiliate based in (i) Mexico, these T&Cs will be interpreted under, and any disputes whether sounding in contract, tort or otherwise arising out of these T&Cs will be governed by, the laws of Mexico, excluding its conflicts of law principles and Buyer irrevocably consents to the exclusive jurisdiction of the state and federal courts located in the Mexico City, in connection with all actions arising out of or in connection with these T&Cs, and waives any objections that venue is an inconvenient forum; (ii) Colombia, these T&Cs will be interpreted under, and any disputes whether sounding in contract, tort or otherwise arising out of these T&Cs will be governed by, the laws of Colombia, excluding its conflicts of law principles and Buyer irrevocably consents to the exclusive jurisdiction of the state and federal courts located in Bogota, in connection with all actions arising out of or in connection with these T&Cs, and waives any objections that venue is an inconvenient forum; or (iii) Argentina, these T&Cs will be interpreted under, and any disputes whether sounding in contract, tort or otherwise arising out of these T&Cs will be governed by, the laws of Argentina, excluding its conflicts of law principles and Buyer irrevocably consents to the exclusive jurisdiction of the state and federal courts located in the City of Buenos Aires, in connection with all actions arising out of or in connection with these T&Cs, and waives any objections that venue is an inconvenient forum. 15.4 Xxxxx further agrees that it will not initiate any action against Seller in any jurisdiction different to the ones included herein. Xxxxx agrees that a final judgment in any such action or proceeding will be conclusive and may be enforced in any other jurisdiction (including without limitation, the appropriate courts of the jurisdiction in which Buyer is resident or in which any property or an office of Buyer is located) by suit on the judgment or in any other manner provided by law. The provisions of this Section 9 (Dispute Resolution and Governing Law) shall be null and void. The arbitration process established by this Section 9 is governed by survive the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. You and Xxxxxxxx each agree that the FAA’s provisions—and not state law—govern all questions termination or expiration of whether a Dispute is subject to arbitration. To the extent this Agreement conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Xxxxxxxx to arbitrate on a class-wide, representative, or consolidated basisthese T&Cs.

Dispute Resolution and Governing Law. This Section provides for resolution Any disagreement, dispute, controversy or claim arising out of Disputes through or relating to this Agreement or the interpretation of this Agreement or any arrangements relating to this Agreement or contemplated in this Agreement or the breach, termination or invalidity thereof shall be settled by final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury or through a class action. You may continue to have certain rights to obtain relief in small claims court or from a federal or state regulatory agency. The arbitration shall be administered by JAMS pursuant to JAMS/Endispute in New York, New York in accordance with the Comprehensive then existing JAMS/Endispute Arbitration Rules and Procedures and in accordance with for Employment Disputes. In the Expedited Procedures in those rules. If no disputed claim or counterclaim exceeds $250,000, not including interest or attorneys’ feesevent of such an arbitration proceeding, the Executive and the Employer shall select a mutually acceptable neutral arbitrator from among the JAMS/Endispute panel of arbitrators. In the event the Executive and the Employer cannot agree on an arbitrator, the Administrator of JAMS/Endispute will appoint an arbitrator. Neither the Executive nor the Employer nor the arbitrator shall disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. Except as provided herein, the rules and procedures of JAMS/Endispute shall be administered govern the interpretation and enforcement and all proceedings. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of New York or, solely to the extent it preempts such law, of applicable federal law, and the arbitrator is without jurisdiction to apply any different substantive law. The arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the JAMS Streamlined Arbitration Federal Rules of Civil Procedure. The arbitrator shall render an award and Procedures as modified by this Agreementa written, reasoned opinion in support thereof. Judgment on upon the Award award may be entered in any court having jurisdiction. Notwithstanding any JAMS rule to the contrary or any other provision in arbitration rules chosen by agreement, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, including any disagreements regarding the scope and enforceability of this agreement to arbitrate. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. You and Xxxxxxxx agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Xxxxxxxx agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any portion of this paragraph is found to be unenforceable, then the entirety of this Section 9 shall be null and void. The arbitration process established by this Section 9 is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. You and Xxxxxxxx each agree that the FAA’s provisions—and not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent this Agreement conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Xxxxxxxx to arbitrate on a class-wide, representative, or consolidated basisjurisdiction thereof.

Dispute Resolution and Governing Law. This Section provides Agreement shall be governed by the laws of the State of New York, (excluding its conflict of law provisions, the UN Convention on Contracts for resolution the International Sale of Disputes through final Goods, and any laws which govern the validity, perfection, or creation of any lien or security interest hereunder, and the exercise of rights or remedies with respect of such lien or security interest for a particular item which will be governed by the laws of the applicable jurisdiction pertaining to liens). If the Parties are unable to amicably resolve any dispute within sixty (60) days, the dispute will be settled by binding arbitration before a neutral arbitrator instead of in a court by a judge or jury or through a class action. You may continue to have certain rights to obtain relief in small claims court or from a federal or state regulatory agency. The arbitration shall be administered by JAMS pursuant to the Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules. If no disputed claim or counterclaim exceeds $250,000, not including interest or attorneys’ fees, the arbitration shall be administered under the JAMS Streamlined Commercial Arbitration Rules and Procedures of the American Arbitration Association in a mutually agreed location. Either Party may take appropriate legal action as modified by this Agreement. Judgment on the Award may be entered in any court having jurisdiction. Notwithstanding any JAMS rule to required for the contrary or any other provision in enforcement of such arbitration rules chosen by agreement, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, including any disagreements regarding the scope and enforceability of this agreement to arbitrate. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. You and Xxxxxxxx agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Xxxxxxxx agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any portion dispute, controversy or claim arises out of or in connection with this paragraph is found to be unenforceable, then the entirety of this Section 9 shall be null and void. The arbitration process established by this Section 9 is governed by the Federal Arbitration Act Agreement (“FAA”), 9 U.S.C. §§ 1-16. You and Xxxxxxxx each agree that the FAA’s provisions—and not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent this Agreement conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum StandardsDispute”), the Minimum Standards Parties shall first attempt, in good faith, to resolve the dispute through negotiation between their designated senior management representatives for a period of thirty (30) calendar days from the date of notice of the Dispute sent by one Party to the other Party (“Dispute Notice”). The Party sending the Dispute Notice shall, in such notice: (i) set forth the specifics of the Dispute in detail; and (ii) designate its senior management representative. The other Party shall, within five (5) business days after receiving the Initial Dispute Notice and by written notice to the initiating Party, designate its senior management representative and add any other issues or claims for resolution not identified in the Dispute Notice. (a) Subject to Paragraph (b) below, any Dispute that regard cannot be amicably settled by the Parties shall be finally settled under the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”), commencing with the filing of a notice of demand for arbitration by either Party following the conclusion of the thirty (30) calendar day period referenced in the paragraph above. Any arbitration will apply. Howeverbe conducted in accordance with the following: (i) if the Dispute involves a claim for damages totaling at least $5,000,000 USD (combined with damages alleged in any counterclaim, nothing cross-claim or third party claim but not including attorneys’ fees or other costs associated with the resolution of the dispute), the Dispute is to be decided by three arbitrators appointed in this paragraph will require accordance with the AAA Rules – all other claims are to be decided by one arbitrator appointed in accordance with the AAA Rules; (ii) the arbitrator has no authority to award punitive or allow you or Xxxxxxxx to arbitrate on a class-wideother damages beyond the prevailing Party's actual direct damages and may not, representativein any event, make any ruling, finding, or consolidated basisaward that does not conform to the Terms and Conditions of the Agreement; (iii) the arbitration award is to be in writing and is to specify the factual and legal basis for the award; (iv) the Parties are to share all fees and expenses of the arbitration equally, with the exception that each Party bears the expense of its own counsel, experts, witnesses, and preparation and presentation of submissions.