Common use of Dispute resolution; Attorney’s fees Clause in Contracts

Dispute resolution; Attorney’s fees. In the event VMLS claims that Firm, Salesperson Party, or Consultant has violated the VMLS Policies, VMLS may, at its option, resolve such a claim according to the disciplinary procedures set out in the VMLS Policies, provided VMLS does not also base a claim that Firm, Salesperson Party, or Consultant has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant is not a party arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Colorado located in Eagle County or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to VMLS’s disciplinary procedures or to arbitration. If any party prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.

Appears in 5 contracts

Sources: Participant Data Access Agreement, Participant Data Access Agreement, Participant Data Access Agreement

Dispute resolution; Attorney’s fees. In the event VMLS RANW MLS claims that Firm, Salesperson PartySalesperson, or Consultant has violated the VMLS RANW MLS Policies, VMLS RANW MLS may, at its option, resolve such a claim according to the disciplinary procedures set out in the VMLS RANW MLS Policies, provided VMLS RANW MLS does not also base a claim that Firm, Salesperson PartySalesperson, or Consultant has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant is not a party arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Colorado Wisconsin located in Eagle County Outagamie or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to VMLSRANW MLS’s disciplinary procedures or to arbitration. If any party prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.

Appears in 5 contracts

Sources: MLS Participant and Agent/Salesperson Data Access Agreement, MLS Participant and Agent/Salesperson Data Access Agreement, MLS Participant and Agent/Salesperson Data Access Agreement

Dispute resolution; Attorney’s fees. In the event VMLS MLS claims that Firm, Salesperson Party, or Consultant has violated the VMLS MLS Policies, VMLS MLS may, at its option, resolve such a claim according to the disciplinary procedures set out in the VMLS MLS Policies, provided VMLS MLS does not also base a claim that Firm, Salesperson Party, or Consultant has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant is not a party arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Colorado New York located in Eagle Monroe County or in the federal court of the United States situated thereinin or closest to that county, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to VMLSMLS’s disciplinary procedures or to arbitration. If any party prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.

Appears in 4 contracts

Sources: Participant Data Access Agreement, Participant Data Access Agreement, Participant Data Access Agreement

Dispute resolution; Attorney’s fees. In the event VMLS MLS claims that Firm, Salesperson Subscriber Party, or Consultant Vendor has violated the VMLS MLS Policies, VMLS MLS may, at its option, resolve such a claim according to the disciplinary procedures set out in the VMLS MLS Policies, provided VMLS MLS does not also base a claim that Firm, Salesperson Subscriber Party, or Consultant Vendor has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant Vendor is not a party arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Colorado Florida located in Eagle Palm Beach County or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to VMLSMLS’s disciplinary procedures or to arbitration. If any party prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.

Appears in 4 contracts

Sources: Idx Data Access Agreement, Idx Data Access Agreement, Idx Data Access Agreement

Dispute resolution; Attorney’s fees. In the event VMLS WYMLS claims that Firm, Salesperson Non-Principal Broker Party, or Consultant has violated the VMLS WYMLS Policies, VMLS WYMLS may, at its option, resolve such a claim according to the disciplinary procedures set out in the VMLS WYMLS Policies, provided VMLS WYMLS does not also base a claim that Firm, Salesperson Non-Principal Broker Party, or Consultant has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant is not a party arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Colorado Wyoming located in Eagle Natrona County or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to VMLSWYMLS’s disciplinary procedures or to arbitration. If any party prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.

Appears in 2 contracts

Sources: Data Access Agreement, Data Access Agreement

Dispute resolution; Attorney’s fees. In the event VMLS MLS claims that Firm, Salesperson Party, or Consultant has violated the VMLS MLS Policies, VMLS MLS may, at its option, resolve such a claim according to the disciplinary procedures set out in the VMLS MLS Policies, provided VMLS MLS does not also base a claim that Firm, Salesperson Party, or Consultant has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant is not a party arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Colorado New York located in Eagle Onondaga County or in the federal court of the United States situated thereinin or closest to that county, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to VMLSMLS’s disciplinary procedures or to arbitration. If any party prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.

Appears in 2 contracts

Sources: Participant Data Access Agreement, Participant Data Access Agreement

Dispute resolution; Attorney’s fees. In the event VMLS IAR claims that Firm, Salesperson Party, or Consultant has violated the VMLS IAR Policies, VMLS IAR may, at its option, resolve such a claim according to the disciplinary procedures set out in the VMLS IAR Policies, provided VMLS IAR does not also base a claim that Firm, Salesperson Party, or Consultant has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant is not a party arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Colorado Iowa located in Eagle Polk County or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to VMLSIAR’s disciplinary procedures or to arbitration. If any party IAR prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.

Appears in 2 contracts

Sources: Participant Data Access Agreement, Participant Data Access Agreement

Dispute resolution; Attorney’s fees. In the event VMLS MARIS claims that Firm, Salesperson Party, or Consultant has violated the VMLS MARIS Policies, VMLS MARIS may, at its option, resolve such a claim according to the disciplinary procedures set out in the VMLS MARIS Policies, provided VMLS MARIS does not also base a claim that Firm, Salesperson Party, or Consultant has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant is not a party arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Colorado Missouri located in Eagle St. Louis County or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to VMLSMARIS’s disciplinary procedures or to arbitration. If any party prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.

Appears in 2 contracts

Sources: Participant Data Access Agreement, Participant Data Access Agreement

Dispute resolution; Attorney’s fees. In the event VMLS MLS claims that Firm, Salesperson Party, or Consultant has violated the VMLS MLS Policies, VMLS MLS may, at its option, resolve such a claim according to the disciplinary procedures set out in the VMLS MLS Policies, provided VMLS MLS does not also base a claim that Firm, Salesperson Party, or Consultant has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant is not a party arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Colorado Iowa located in Eagle County or the federal court of the United States situated therein, as applicableDubuque County, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to VMLSMLS’s disciplinary procedures or to arbitration. If any party MLS prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.

Appears in 1 contract

Sources: Participant Data Access Agreement

Dispute resolution; Attorney’s fees. In the event VMLS LCAR claims that Firm, Salesperson Party, or Consultant has violated the VMLS LCAR Policies, VMLS LCAR may, at its option, resolve such a claim according to the disciplinary procedures set out in the VMLS LCAR Policies, provided VMLS LCAR does not also base a claim that Firm, Salesperson Party, or Consultant has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant is not a party arising out of or relating to this Agreement, or the breach thereof, including any claim against Consultant shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Colorado Minnesota located in Eagle County ▇▇▇▇▇▇ County, Minnesota or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to VMLS’s disciplinary procedures or to arbitration. If any party prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.

Appears in 1 contract

Sources: Participant Data Access Agreement

Dispute resolution; Attorney’s fees. In the event VMLS MLS claims that Firm, Salesperson Subscriber Party, or Consultant has violated the VMLS MLS Policies, VMLS MLS may, at its option, resolve such a claim according to the disciplinary procedures set out in the VMLS MLS Policies, provided VMLS MLS does not also base a claim that Firm, Salesperson Subscriber Party, or Consultant has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant is not a party arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Colorado Florida located in Eagle Palm Beach County or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive 3 jurisdiction over any action under this Agreement not subject to VMLSMLS’s disciplinary procedures or to arbitration. If any party prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.

Appears in 1 contract

Sources: Participant Data Access Agreement

Dispute resolution; Attorney’s fees. In the event VMLS GLVAR MLS claims that Firm, Salesperson Sales Licensee Party, or Consultant has violated the VMLS GLVAR MLS Policies, VMLS GLVAR MLS may, at its option, resolve such a claim according to the disciplinary procedures set out in the VMLS GLVAR MLS Policies, provided VMLS GLVAR MLS does not also base a claim that Firm, Salesperson Sales Licensee Party, or Consultant has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant is not a party arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Colorado Nevada located in Eagle ▇▇▇▇▇ County or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to VMLSGLVAR MLS’s disciplinary procedures or to arbitration. If any party prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.

Appears in 1 contract

Sources: Participant Data Access Agreement

Dispute resolution; Attorney’s fees. In the event VMLS CMMLS claims that Firm, Salesperson Party, or Consultant has violated the VMLS CMMLS Policies, VMLS CMMLS may, at its option, resolve such a claim according to the disciplinary procedures set out in the VMLS CMMLS Policies, provided VMLS CMMLS does not also base a claim that Firm, Salesperson Party, or Consultant has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant is not a party arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Colorado Mississippi located in Eagle ▇▇▇▇▇ County or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to VMLSCMMLS’s disciplinary procedures or to arbitration. If any party prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.

Appears in 1 contract

Sources: Participant Data Access Agreement

Dispute resolution; Attorney’s fees. In the event VMLS HIS claims that Firm, Salesperson Party, or Consultant has violated the VMLS HIS Policies, VMLS HIS may, at its option, resolve such a claim according to the disciplinary procedures set out in the VMLS HIS Policies, provided VMLS HIS does not also base a claim that Firm, Salesperson Party, or Consultant has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant is not a party arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Colorado Hawaii located in Eagle Oahu County or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to VMLSHIS’s disciplinary procedures or to arbitration. If any party prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.

Appears in 1 contract

Sources: Participant Data Access Agreement

Dispute resolution; Attorney’s fees. In the event VMLS SCIAR claims that Firm, Salesperson Agent Party, or Consultant has violated the VMLS SCIAR Policies, VMLS SCIAR may, at its option, resolve such a claim according to the disciplinary procedures set out in the VMLS SCIAR Policies, provided VMLS SCIAR does not also base a claim that Firm, Salesperson Agent Party, or Consultant has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant is not a party arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Colorado Florida located in Eagle ▇▇▇ County or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to VMLSSCIAR’s disciplinary procedures or to arbitration. If any party prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.

Appears in 1 contract

Sources: Participant Data Access Agreement

Dispute resolution; Attorney’s fees. In the event VMLS ODS claims that Firm, Salesperson Party, or Consultant has violated the VMLS ODS Policies, VMLS ODS may, at its option, resolve such a claim according to the disciplinary procedures set out in the VMLS ODS Policies, provided VMLS ODS does not also base a claim that Firm, Salesperson Party, or Consultant has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant is not a party arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Colorado Oregon located in Eagle Jackson County or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to VMLSODS’s disciplinary procedures or to arbitration. If any party prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.

Appears in 1 contract

Sources: Data Access Agreement

Dispute resolution; Attorney’s fees. In the event VMLS CATRS claims that Firm, Salesperson Sales Associate Party, or Consultant has violated the VMLS CATRS Policies, VMLS CATRS may, at its option, resolve such a claim according to the disciplinary procedures set out in the VMLS CATRS Policies, provided VMLS CATRS does not also base a claim that Firm, Salesperson Sales Associate Party, or Consultant has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant is not a party arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Colorado Florida located in Eagle ▇▇▇▇ County or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to VMLSCATRS’s disciplinary procedures or to arbitration. If any party prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.

Appears in 1 contract

Sources: Data Access Agreement

Dispute resolution; Attorney’s fees. In the event VMLS CCOR claims that Firm, Salesperson Party, or Consultant has violated the VMLS CCOR Policies, VMLS CCOR may, at its option, resolve such a claim according to the disciplinary procedures set out in the VMLS CCOR Policies, provided VMLS CCOR does not also base a claim that Firm, Salesperson Party, or Consultant has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant is not a party arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Colorado Ohio located in Eagle Franklin County or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to VMLSCCOR’s disciplinary procedures or to arbitration. Non-binding mediation in good faith is a condition precedent to asserting any claim, whether in arbitration or the courts, under this Agreement, except that this condition shall not prevent CCOR from exercising any of its rights under Section 22. If any party CCOR prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.

Appears in 1 contract

Sources: Data Access Agreement

Dispute resolution; Attorney’s fees. In the event VMLS MLS claims that Firm, Salesperson Subscriber Party, or Consultant Vendor has violated the VMLS MLS Policies, VMLS MLS may, at its option, resolve such a claim according to the disciplinary procedures set out in the VMLS MLS Policies, provided VMLS MLS does not also base a claim that Firm, Salesperson Subscriber Party, or Consultant Vendor has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant Vendor is not a party arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Colorado Florida located in Eagle Palm Beach County or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to VMLSMLS’s disciplinary procedures or to arbitration. If any party prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.. Data Access Agreement 3 Feb

Appears in 1 contract

Sources: Idx Data Access Agreement