Dispute Resolution; Choice of Law. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration before a sole neutral arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Optional Rules for Emergency Measures of Protection, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Venue in any arbitration hereunder shall be in Los Angeles County, California. The parties expressly agree that any breach of the provisions of this Agreement with respect to the permissible use of SAG Awards Clips, Recordings, Stills, SAG Awards Stills, and/or SAG-AFTRA and/or SAG Awards intellectual property, including trademarks and copyrights, will result in significant, immediate, and irreparable harm to SAG Awards, and therefore injunctive relief shall be available in addition to damages for any breach of the provisions of this Agreement. Notwithstanding anything in this Agreement to the contrary, SAG Awards may seek to enforce its rights with respect to the protection of its intellectual property rights hereunder, including through injunctive relief, in state or federal court located in California and you hereby accept the exclusive jurisdiction of such courts. This Agreement will be governed and construed in accordance with the laws of the State of California, without regard to conflicts-of-law rules.
Dispute Resolution; Choice of Law. ARBITRATION CLAUSE — IMPORTANT — PLEASE REVIEW — AFFECTS YOUR LEGAL RIGHTS. • EITHER YOU OR INFINITI MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. • IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST INFINITI INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. • DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND INFINITI WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
(a) In accordance with this section, any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or relating to the Software or Services shall, at your or Infiniti’s election, be resolved by neutral, binding arbitration and not by a court action (the “Arbitration Clause”). If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Clause shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. To the extent permitted by applicable law, the arbitrator cannot hear class or representative claims or requests for relief on behalf of others and you expressly waive any right you may have to proceed in any class or representative action. You may choose one of the following arbitration organizations, and its applicable rules, to conduct the arbitration: JAMS (000-000-0000, xxx.xxxxxxx.xxx), the American Arbitration Association (800-778- 7879, xxx.xxx.xxx), or any other organization subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website.
(b) Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statutes of limitations. Unless applicable law provides otherwise, the arbitration hearing shall be conducted in the federal district in which you reside. Infiniti will pay your filing, administration, service and case management fee, your arbitrator and hearing fee and any arbitration appeal fees you incur all up t...
Dispute Resolution; Choice of Law. In the event there occurs a dispute between Seller, on the one hand, and Buyer, on the other hand, regarding the interpretation of, or otherwise arising out of, this Agreement (a “Dispute”), the parties shall follow the procedures set forth below:
(a) A party which in good faith believes that a Dispute exists shall provide written notice to the other parties to this Agreement, with such notice setting forth the details of the Dispute (the “Dispute Notice”);
(b) During the 30-day period following receipt of the Dispute Notice, one or more senior management representatives from each of Seller, on the one hand, and Buyer, on the other hand, shall use their commercially reasonable efforts to meet and confer in order to attempt to resolve the Dispute;
(c) If the parties are unable to resolve the Dispute during such 30-day period, either Seller or Buyer may notify the other party in writing to this Agreement (the “Mediation Notice”) of their desire to submit the Dispute to non-binding mediation under the Commercial Mediation Procedures of the American Arbitration Association (the “Mediation Procedures”). Seller, on the one hand, and Buyer, on the other hand, will jointly appoint a mutually acceptable mediator; provided, that if Seller and Buyer are unable to agree upon the identity of such a mediator, the mediator shall be determined in accordance with the Mediation Procedures. The mediation shall be conducted in Phoenix, Arizona within 60-days of the Mediation Notice. The costs of such mediation, including the mediator’s fees and expenses, shall be borne equally by Seller, on the one hand, and Buyer, on the other hand.
(d) No party hereto shall be entitled to file a lawsuit against the other party hereto (with the exception of claims for equitable relief) unless and until (i) all of the procedures described above in Section 14.3 have been followed, and (ii) the non-binding mediation described in Section 14.3(c) has concluded.
(e) The parties agree that this Agreement shall be governed by and construed in accordance with the Laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule thereof. Venue shall be in any court of competent jurisdiction in the State of Arizona.
Dispute Resolution; Choice of Law. The parties shall use all reasonable efforts to resolve any dispute arising hereunder or with respect hereto through direct discussions within [*] of written notice that there is such a dispute. If no amicable settlement is reached as a result of the discussions, the matter shall be finally settled by arbitration conducted expeditiously by a single neutral arbitrator in accordance with the Arbitration Rules and Procedure of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). The arbitration shall take place in San Francisco, California and the arbitral decision may be enforced in any court. This Agreement shall be governed by and construed pursuant to the laws of the State of California and the United States, without regard to conflicts of laws provisions thereof.
Dispute Resolution; Choice of Law. Except where prohibited, Participant (or parent or legal guardian if a minor) agrees that any dispute, controversy or claim arising out of or relating to (i) this Contest, (ii) the awarding or redemption of the prize, and/or (iii) the determination of the scope of applicability of these Official Rules or their enforcement or interpretation shall be resolved individually, without resort to any form of class action, and by final and binding dispute resolution under the rules of the American Arbitration Association; and further that any dispute resolution proceeding will take place in Chicago, Illinois, USA. Under no circumstances will Participant (or parent or legal guardian if a minor) be permitted to obtain awards for, and Participant (or parent or legal guardian if a minor), hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, others than Participant‘s out-of-pocket expenses, and Participant (or parent/legal guardian if a minor) further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participant and Medline in connection with this Contest shall be governed by and construed in accordance with the substantive laws of the State of Illinois without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.
Dispute Resolution; Choice of Law. If you are a resident of the United States of America, this Agreement shall be construed and controlled by the laws of the state of Oregon, U.S.A, and the exclusive venue for any action related to this Agreement shall be in the federal courts located in Multnomah County, Oregon, U.S.A. You irrevocably submit to the venue and jurisdiction of such courts and waive any objections to such venue and jurisdiction, including, without limitation, objections based on venue, jurisdiction or an inconvenient forum. If you are a resident of any country other than the Unites States of America, this Agreement shall be construed and controlled by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined by arbitration administered by a single arbitrator appointed by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The location of any such arbitration shall be Hong Kong.
Dispute Resolution; Choice of Law. Any dispute arising out of or relating to this Agreement shall be subject to the dispute resolution provisions set forth in Section 9.1 of the Employment Agreement, and Executive and the Company ACKNOWLEDGE AND AGREE THAT THEY ARE KNOWINGLY AND WILLINGLY WAIVING THEIR RIGHTS TO A JURY TRIAL. This Agreement shall be governed by the law of Texas, and 11.2 of the Employment Agreement is hereby incorporated by reference.
Dispute Resolution; Choice of Law. This Agreement is made under, and will be construed and enforced in accordance with, the laws of the State of Delaware applicable to agreements made and performed therein, without giving effect to principles of conflicts of law. To the maximum extent permitted by law, all disputes arising under or in connection with this Agreement shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration in Wilmington, Delaware by a single arbitrator. The arbitrator shall be selected by JAMS in an impartial manner determined by it. The arbitration shall be conducted under the Delaware Uniform Arbitration Act, 10 Delaware Code § 5701 et seq. The arbitrator shall have complete authority to render any and all relief, legal and equitable, appropriate under Delaware law. Should a Party assert a claim in court against the other Party over any matter arising under or in connection with this Agreement, or in the event that any matter hereunder is not arbitrable as a matter of law, then the federal or state courts of competent jurisdiction sitting in Delaware shall have exclusive jurisdiction. The Parties hereby submit to the exclusive jurisdiction of such federal or state court in Delaware and waive any claim of inconvenient forum.
Dispute Resolution; Choice of Law. Except where prohibited, Participant agrees that any dispute, controversy or claim arising out of or relating to this Contest will be governed under the laws of the State of Victoria, Australia and that it shall be resolved within and by a court of competent jurisdiction located in the State of Victoria, Australia.
Dispute Resolution; Choice of Law. (a) The parties agree that in the event of any controversy or claim arising out of or relating to this Agreement, they shall negotiate in good faith to resolve the controversy or claim privately, amicably and confidentially. Each party may consult with counsel in connection with such negotiations.
(b) Unless provided for by another agreement between the parties, all disputes, claims, or controversies arising out of or relating to this Agreement or any agreement, document or instrument executed and delivered in connection herewith or the negotiation, breach, validity, termination or performance hereof and thereof or the transactions contemplated hereby and thereby, that are not resolved by mutual agreement (“Arbitrable Dispute”) shall be resolved solely and exclusively by binding arbitration to be conducted before J.A.M.S. in Boston, Massachusetts, before a single arbitrator (the “Arbitrator”). The parties further understand and agree that this agreement evidences a transaction involving commerce within the meaning of 9 U.S.C. Section 2, and that this agreement shall therefore be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq.
(c) To commence an arbitration pursuant to this agreement, a party shall serve a written arbitration demand (the “Demand”) on the other party by certified mail, return receipt requested, and at the same time submit a copy of the Demand to the Arbitrator, together with a check payable to the Arbitrator in the amount of that entity’s then-current arbitration filing fee. The claimant shall attach a copy of this agreement to the Demand, which shall also describe the dispute in sufficient detail to advise the respondent of the nature of the dispute, state the date on which the dispute first arose, list the names and addresses of every Person whom the claimant believes does or may have information relating to the dispute, and state with particularity the relief requested by the claimant, including a specific monetary amount, if the claimant seeks a monetary award of any kind. Within thirty days after receiving the Demand, the respondent shall mail to the claimant a written response to the Demand (the “Response”), and submit a copy of the Response to the Arbitrator. The Response shall describe the dispute in sufficient detail to fairly inform the claimant of the respondent’s position in the matter, list the names and addresses of every Person whom the respondent believes does or may have information relating to the dispu...
