Disputes and Governing Law. 14.1 In the event that Tribia AB is the contracting party, then the following applies: 14.1.1 Any dispute, controversy or claim arising out of, or in connection with, the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The place of arbitration shall be Gothenburg, Sweden. The language to be used in the arbitration proceeding shall be English (unless otherwise is agreed by the disputing Parties). 14.1.2 All arbitral proceeding conducted pursuant to clause 13, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceeding shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award, nor be disclosed to any third part without the prior written consent of the party which the information relates. 14.1.3 Notwithstanding the foregoing, Xxxxxx may take any legal action necessary at any competent court in the Customer's country of residence for collection of delayed payments. The parties do hereby accept that the jurisdiction of such court shall apply for such purpose. 14.1.4 The Agreement, including this clause 14, shall be governed by and construed in accordance with Swedish law. 14.2 In the event that Xxxxxx AS is the contracting party, then the following applies: 14.2.1 Any dispute, controversy or claim arising out of, or in connection with, the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Norwegian Arbitration Act. The place of arbitration shall be Oslo, Norway. The language to be used in the arbitration proceeding shall be English (unless otherwise is agreed by the disputing Parties). 14.2.2 All arbitral proceeding conducted pursuant to clause 13, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceeding shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award, nor be disclosed to any third part without the prior written consent of the party which the information relates. 14.2.3 Notwithstanding the foregoing, Xxxxxx may take any legal action necessary at any competent court in the Customer's country of residence for collection of delayed payments. The parties do hereby accept that the jurisdiction of such court shall apply for such purpose. 14.2.4 The Agreement, including this clause 14, shall be governed by and construed in accordance with Norwegian law.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Disputes and Governing Law.
14.1 In the event that Tribia AB is the contracting party, then the following applies:
14.1.1 Any dispute, controversy or claim arising out of, or in connection with, the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The place of arbitration shall be Gothenburg, Sweden. The language to be used in the arbitration proceeding shall be English (unless otherwise is agreed by the disputing Parties).
14.1.2 All arbitral proceeding conducted pursuant to clause 13, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceeding shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award, nor be disclosed to any third part without the prior written consent of the party which the information relates.
14.1.3 Notwithstanding the foregoing, Xxxxxx may take any legal action necessary at any competent court in the Customer's country of residence for collection of delayed payments. The parties do hereby accept that the jurisdiction of such court shall apply for such purpose.
14.1.4 The Agreement, including this clause 14, This Agreement shall be governed by and construed in accordance with Swedish law.
14.2 In English Law and subject to the event that Xxxxxx AS is exclusive jurisdiction of the contracting party, then English Courts. If any dispute arises out of this Agreement the following applies:
14.2.1 Any dispute, controversy or claim arising out of, or in connection with, the Agreement, or the breach, termination or invalidity thereof, shall be finally settled parties will attempt to settle it by arbitration mediation in accordance with Centre for Dispute Resolutions (“CEDR”) Model Mediation Procedures. To initiate a mediation a party must give notice in writing (“ADR Notice”) to the Norwegian Arbitration Actother party to the dispute requesting mediation. If there is any point on the conduct of the mediation upon which the parties cannot agree within fourteen (14) days from the date of the ADR Notice, CEDR will, at the request of any party, decide that point for the parties having consulted with them. The place mediation will start not later that twenty eight (28) days after the date of arbitration the ADR Notice. The commencement of a mediation will not prevent the parties commencing or continuing Court or where appropriate Copyright Tribunal proceedings nor will it prevent CLA exercising its rights under the Agreement generally and under clause 13 particularly. “Categories of Excluded Material” which may not be copied under the Licence are works within the following categories:
1. Printed music (including the words);
2. Maps, charts;
3. Newspapers;
4. Workbooks, workcard and assignment sheets;
5. any work on which the copyright owner has expressly and prominently stipulated that it may not be copied under a CLA Licence. Staff and students of this [University] [Institution] are reminded that copyright subsists in this extract and the work from which it was taken. This Digital Copy has been made under the terms of a CLA licence which allows you to: • access and download a copy; • print out a copy; This Digital Copy and any digital or printed copy supplied to or made by you under the terms of this Licence are for use in connection with this Course of Study. You may retain such copies after the end of the course, but strictly for your own personal use. All copies (including electronic copies) shall include this Copyright Notice and shall be Oslodestroyed and/or deleted if and when required by [Institution]. Except as provided for by copyright law, Norwayno further copying, storage or distribution (including by e-mail) is permitted without the consent of the copyright holder. The language author (which term includes artists and other visual creators) has moral rights in the work and neither staff nor students may cause, or permit, the distortion, mutilation or other modification of the work, or any other derogatory treatment of it, which would be prejudicial to the honour or reputation of the author. Course of Study Title Name of Author Name of Publisher
1. The following statement will appear as part of any electronically distributed Commercial Copy: “The following item is a copyright work which has been supplied by [Licensee] and transmitted by electronic means.The following are NOT permitted, unless you have the permission of the copyright owner or of The Copyright LicensingAgency Ltd or save as permitted by statute:
a) printing more than a single paper copy, which itself may not be further copied;
b) retransmitting the article to anybody else, other than to enable a single paper copy to be used in the arbitration proceeding shall be English (unless otherwise is agreed by the disputing Parties).
14.2.2 All arbitral proceeding conducted pursuant to clause 13, all information disclosed and all documents submitted or issued printed out by or for the individual who originally requested the item;
c) electronically storing any copy of the article.”
2. The following statement will appear as part of any Commercial Copy distributed in printed form: “The contents of this document are copyright works and unless you have the permission of the copyright owner or ofThe Copyright Licensing Agency Ltd or save as may be permitted by statute may not be copied (including storage in any electronic medium) or otherwise reproduced (even for internal purposes) or resold.” AS WITNESS the hands for and on behalf of any the parties hereto the day and year first above written Signed for and on behalf of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceeding shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award, nor be disclosed to any third part without the prior written consent of the party which the information relates.
14.2.3 Notwithstanding the foregoing, Xxxxxx may take any legal action necessary at any competent court in the Customer's country of residence for collection of delayed payments. The parties do hereby accept that the jurisdiction of such court shall apply for such purpose.
14.2.4 The Agreement, including this clause 14, shall be governed by and construed in accordance with Norwegian law.Copyright Licensing Agency Limited
Appears in 2 contracts
Disputes and Governing Law.
14.1 In the event that Tribia AB is the contracting party, then the following applies:
14.1.1 16.1 Any dispute, controversy or claim arising out of, of or in connection with, the Agreementwith this contract, or the breach, termination or invalidity thereof, shall be finally settled solved by arbitration mediation in accordance with the Rules of the Mediation Institute of the Stockholm Chamber of Commerce.
16.2 Where the dispute cannot be settled by mediation, it shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of CommerceCommerce (the “SCC”). The Rules for Expedited Arbitrations shall apply where the amount in dispute does not exceed SEK 1,000,000. Where the amount in dispute exceeds SEK 1,000,000 the Arbitration Rules shall apply. The Arbitral Tribunal shall be composed of a sole arbitrator where the amount in dispute exceeds SEK 1,000,000 but not SEK 10,000,000. Where the amount in dispute exceeds SEK 10,000,000, the Arbitral Tribunal shall be composed of three arbitrators. The amount in dispute includes the claims made in the Request for Arbitration and any counterclaims made in the Answer to the Request for Arbitration
16.3 The place of arbitration shall be GothenburgMalmö, Sweden. The , and the language to be used in the arbitration proceeding arbitral proceedings shall be English (unless otherwise is agreed by the disputing Parties)English. [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK ****, HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.]
14.1.2 All arbitral proceeding conducted pursuant to clause 13, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceeding shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award, nor be disclosed to any third part without the prior written consent of the party which the information relates.
14.1.3 Notwithstanding the foregoing, Xxxxxx may take any legal action necessary at any competent court in the Customer's country of residence for collection of delayed payments. The parties do hereby accept that the jurisdiction of such court shall apply for such purpose.
14.1.4 The Agreement, including this clause 14, 16.4 This Agreement shall be governed by and construed in accordance with Swedish law.
14.2 In the event that Xxxxxx AS is the contracting party, then the following applies:
14.2.1 Any dispute, controversy or claim arising out of, or in connection with, the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration interpreted in accordance with the Norwegian Arbitration Act. The place substantive law of arbitration shall be OsloSweden, Norway. The language without reference to be used in the arbitration proceeding shall be English (unless otherwise is agreed by the disputing Parties)choice and conflicts of law provisions thereof.
14.2.2 All 16.5 The Parties undertake and agree that all arbitral proceeding proceedings conducted pursuant with reference to this arbitration clause 13, will be kept strictly confidential. This confidentiality undertaking shall cover all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of such arbitral proceedings, as well as any such proceeding shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or awardaward that is made or declared during the proceedings. Information covered by this confidentiality undertaking may not, nor in any form, be disclosed to any a third part party without the prior written consent of the party which the information relates.
14.2.3 other Party. Notwithstanding the foregoing, Xxxxxx may take any legal action necessary at any competent court a Party shall not be prevented from disclosing such information in order to safeguard in the Customer's country of residence for collection of delayed payments. The parties do hereby accept that best possible way his rights vis-à-vis the jurisdiction of such court shall apply for such purposeother Party in connection with the dispute, or if the Party is obliged to so disclose pursuant to statute, regulation, a decision by an authority, a stock exchange contract or similar.
14.2.4 The Agreement16.6 In case this Agreement or any part of it is assigned or transferred to a third party, including such third party shall automatically be bound by the provisions of this clause 14, shall be governed by and construed in accordance with Norwegian lawarbitration clause.
Appears in 2 contracts
Samples: Share Purchase Agreement, Share Purchase Agreement (Viropharma Inc)
Disputes and Governing Law. (a) If a dispute cannot be resolved to both Parties’ mutual satisfaction, after good faith negotiations, within ninety (90) calendar days from the date the written claim is received by the other Party, or such additional time as the Parties agree upon, in writing, such dispute shall be settled as follows:
14.1 In (i) where the event Seller is a UK entity the Parties irrevocably agree that Tribia AB is the contracting partydispute shall be submitted to the courts of England and Wales which shall have exclusive jurisdiction, then unless the Buyer notifies the Seller in writing that it opts for arbitration in accordance with the following applies:
14.1.1 Any dispute, controversy provision; (ii) where the Seller is not a UK entity or claim arising out of, or where the Buyer has opted for arbitration in connection withaccordance with the foregoing provision, the Agreement, or the breach, termination or invalidity thereof, dispute shall be finally settled in London by binding arbitration in the English language in accordance with the Rules of the London Court of International Arbitration Institute of the Stockholm Chamber of Commerce(“LCIA”), which Rules are deemed to be incorporated by reference into this Section. The place number of arbitrators shall be one (1) unless the Buyer deems that the dispute is a complex matter and notifies the Seller in writing that the number shall be three (3). Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The Arbitrator(s) award may include compensatory damages against either Party. Under no circumstances will the Arbitrator(s) be authorised to, nor shall they award punitive damages or multiple damages against either Party. The Arbitrator(s) shall have the authority but not the obligation to award the costs of arbitration and reasonable legal fees to the prevailing Party; however, if the Arbitrator(s) do not award such costs and fees, each Party will be responsible for its costs incurred in arbitration except that the costs and fees imposed by the Arbitrator(s) for their expenses shall be Gothenburg, Sweden. The language to be used in the arbitration proceeding shall be English (unless otherwise is agreed borne equally by the disputing Parties).
14.1.2 All arbitral proceeding conducted pursuant to clause 13, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceeding shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award, nor be disclosed to any third part without the prior written consent of the party which the information relates.
14.1.3 (b) Notwithstanding the foregoing, Xxxxxx Seller acknowledges that money damages may take any legal action necessary at any competent court in the Customer's country not be an adequate remedy for breach of residence Section 9 and 16 of this Purchase Order, and Seller agrees that Buyer shall be entitled to seek injunctive relief, should Buyer allege that damages are not an adequate remedy for collection of delayed payments. The parties do hereby accept that the jurisdiction breach of such court shall apply for such purposeSections, and only as necessary to preserve the rights of Buyer pending final resolution of the matter by way of arbitration as set forth in (a) above.
14.1.4 The Agreement(c) Pending resolution or settlement of any dispute arising under this Purchase Order, including Seller will proceed diligently as directed by Buyer with the performance of this clause 14Purchase Order. Irrespective of the place of performance, this Purchase Order and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with Swedish law.
14.2 In the event that Xxxxxx AS is the contracting party, then the following applies:
14.2.1 Any dispute, controversy or claim arising out of, or in connection with, the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Norwegian Arbitration Actlaws of England and Wales. The place of arbitration shall be Oslo, Norway. The language to be used in the arbitration proceeding shall be English (unless otherwise is agreed by the disputing Parties).
14.2.2 All arbitral proceeding conducted pursuant to clause 13, all information disclosed and all documents submitted or issued by or on behalf of any provisions of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course “United Nations Convention on Contracts for International Sale of any such proceeding Goods” shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award, nor be disclosed apply to any third part without the prior written consent of the party which the information relates.
14.2.3 Notwithstanding the foregoing, Xxxxxx may take any legal action necessary at any competent court in the Customer's country of residence for collection of delayed payments. The parties do hereby accept that the jurisdiction of such court shall apply for such purpose.
14.2.4 The Agreementthis Purchase Order, including any amendments or changes to this clause 14, shall be governed by and construed in accordance with Norwegian lawPurchase Order.
Appears in 1 contract
Samples: Purchase Order Agreement
Disputes and Governing Law. 21.1 The Agreement shall be governed by the laws of the State of New York, without regard to the conflict of laws thereof.
14.1 21.2 In the event that Tribia AB is of any dispute under this Agreement, including, without limitation, any arising out of the contracting partyoperation of the Steering Committee under Section 4, then not being resolved by the following applies:
14.1.1 Any disputenegotiation between the Chief Executive Officers within thirty (30) days upon the written request of either Party, the Parties agree to endeavour to settle the dispute in an amicable manner by mediation administered by the American Arbitration Association under its Commercial Mediation Rules, before resorting to arbitration. Thereafter, any unresolved controversy or claim arising out of, of or in connection with, the relating to this Agreement, or the breach, termination or invalidity breach thereof, shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with its International Arbitration Rules, and judgment upon an award rendered by the Rules arbitrator may be entered in any court having jurisdiction thereof. The number of arbitrators shall be three, one chosen by each Party with the Arbitration Institute third, who shall be the chairman, chosen by the two Arbitrators chosen by the Parties. If possible, the arbitrators will have experience with and knowledge of the Stockholm Chamber of Commercefiberoptic, VCSEL and/or data communication technology as well as accounting and business law. The place of arbitration shall be GothenburgNew York, Sweden. The New York and the language to be used in of the arbitration proceeding shall be English (unless otherwise is agreed by the disputing Parties)English.
14.1.2 21.3 All arbitral proceeding conducted submissions and proceedings held pursuant to clause 13this Section 21 shall be confidential and neither Party nor the mediator or arbitrators may disclose the existence, all information disclosed and all documents submitted content, or issued by or on behalf results of any of the disputing parties mediation or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceeding shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award, nor be disclosed to any third part arbitration hereunder without the prior written consent of both Parties unless otherwise required by law to do so. All negotiations held pursuant to Section 4.8 shall be treated as compromise and settlement negotiations for purposes of the party which the information relatesFederal Rules of Evidence and state rules of evidence.
14.1.3 Notwithstanding the foregoing21.4 NEITHER PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, Xxxxxx may take any legal action necessary at any competent court in the Customer's country of residence for collection of delayed payments. The parties do hereby accept that the jurisdiction of such court shall apply for such purposeCONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, NOR FOR ANY LOST PROFITS, ARISING OUT OF THIS AGREEMENT OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), AND IRRESPECTIVE OF WHETHER IT HAS ADVISED OR BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
14.1.4 The Agreement, including this clause 14, shall be governed by and construed in accordance with Swedish law.
14.2 In the event that Xxxxxx AS is the contracting party, then the following applies:
14.2.1 Any dispute, controversy or claim arising out of, or in connection with, the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Norwegian Arbitration Act. The place of arbitration shall be Oslo, Norway. The language to be used in the arbitration proceeding shall be English (unless otherwise is agreed by the disputing Parties).
14.2.2 All arbitral proceeding conducted pursuant to clause 13, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceeding shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award, nor be disclosed to any third part without the prior written consent of the party which the information relates.
14.2.3 Notwithstanding the foregoing, Xxxxxx may take any legal action necessary at any competent court in the Customer's country of residence for collection of delayed payments. The parties do hereby accept that the jurisdiction of such court shall apply for such purpose.
14.2.4 The Agreement, including this clause 14, shall be governed by and construed in accordance with Norwegian law.
Appears in 1 contract
Samples: Joint Development, Manufacturing & Marketing Agreement (Emcore Corp)
Disputes and Governing Law. 11.1. This Agreement and its appendices shall be governed and interpreted in accordance with the internal laws of the State of New York, without regard to its principles of conflict of laws.
14.1 In the event that Tribia AB is the contracting party, then the following applies:
14.1.1 11.2. Any dispute, controversy or claim arising out of, of or in connection with, the with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration resolved in accordance with the Rules Commercial Dispute Resolution Procedures of the American Arbitration Institute Association (“AAA”) in effect on the date of the Stockholm Chamber initial request by the claiming Party, that gave rise to the dispute to be arbitrated (as such rules are modified by the terms of Commercethis agreement or may be further modified by mutual agreement of the Parties). There shall be one sole arbitrator agreed to by the Parties within twenty (20) days of receipt by respondent of the request for arbitration or in default thereof appointed by the AAA in accordance with its Commercial Rules. The place seat of arbitration shall be GothenburgNew York, Sweden. The NY, and the language to be used in the arbitration proceeding arbitral proceedings shall be English English. To the extent practicable, the arbitration shall commence within thirty (unless otherwise is agreed 30) days of the designation of the arbitrator. The decision of the arbitrator shall be final and binding upon the Parties. The final award shall award to the prevailing Party its reasonable attorneys’ fees and costs incurred in connection with the arbitration to the extent the arbitrator deems the Party to have prevailed, and may grant such other, further and different relief as authorized by a court of law or the disputing Parties).
14.1.2 All arbitral proceeding conducted pursuant rules of the AAA. Judgment upon any decision of the arbitrator may be entered into in any court in the United States having jurisdiction thereof, or application may be made to clause 13such court for a judicial acceptance of the decision in an order of enforcement. BOTH PARTIES ACKNOWLEDGE AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, all information disclosed and all documents submitted THEY GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF IT WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. Except as may be required by law, neither a Party nor the arbitrator may disclose the existence, content or issued by or on behalf results of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceeding shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award, nor be disclosed to any third part arbitration without the prior written consent of the party which the information relatesboth Parties, unless to protect or pursue a legal right.
14.1.3 Notwithstanding the foregoing, Xxxxxx may take any legal action necessary at any competent court in the Customer's country of residence for collection of delayed payments. The parties do hereby accept that the jurisdiction of such court shall apply for such purpose.
14.1.4 The Agreement, including this clause 14, shall be governed by and construed in accordance with Swedish law.
14.2 In the event that Xxxxxx AS is the contracting party, then the following applies:
14.2.1 Any dispute, controversy or claim arising out of, or in connection with, the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Norwegian Arbitration Act. The place of arbitration shall be Oslo, Norway. The language to be used in the arbitration proceeding shall be English (unless otherwise is agreed by the disputing Parties).
14.2.2 All arbitral proceeding conducted pursuant to clause 13, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceeding shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award, nor be disclosed to any third part without the prior written consent of the party which the information relates.
14.2.3 Notwithstanding the foregoing, Xxxxxx may take any legal action necessary at any competent court in the Customer's country of residence for collection of delayed payments. The parties do hereby accept that the jurisdiction of such court shall apply for such purpose.
14.2.4 The Agreement, including this clause 14, shall be governed by and construed in accordance with Norwegian law.
Appears in 1 contract
Samples: Referral Agreement
Disputes and Governing Law. (a) If a dispute cannot be resolved to both Parties’ mutual satisfaction, after good faith negotiations, within ninety (90) calendar days from the date the written claim is received by the other Party, or such additional time as the Parties agree upon, in writing, such dispute shall be settled as follows:
14.1 In (i) where the event Seller is a UK entity the Parties irrevocably agree that Tribia AB is the contracting partydispute shall be submitted to the courts of England and Wales which shall have exclusive jurisdiction, then unless the Buyer notifies the Seller in writing that it opts for arbitration in accordance with the following applies:
14.1.1 Any dispute, controversy provision; (ii) where the Seller is not a UK entity or claim arising out of, or where the Buyer has opted for arbitration in connection withaccordance with the foregoing provision, the Agreement, or the breach, termination or invalidity thereof, dispute shall be finally settled in London by binding arbitration in the English language in accordance with the Rules of the London Court of International Arbitration Institute of the Stockholm Chamber of Commerce(“LCIA”), which Rules are deemed to be incorporated by reference into this Section. The place number of arbitrators shall be one (1) unless the Buyer deems that the dispute is a complex matter and notifies the Seller in writing that the number shall be three (3). Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The Arbitrator(s) award may include compensatory damages against either Party. Under no circumstances will the Arbitrator(s) be authorised to, nor shall they award punitive damages or multiple damages against either Party. The Arbitrator(s) shall have the authority but not the obligation to award the costs of arbitration and reasonable legal fees to the prevailing Party; however, if the Arbitrator(s) do not award such costs and fees, each Party will be responsible for its costs incurred in arbitration except that the costs and fees imposed by the Arbitrator(s) for their expenses shall be Gothenburg, Sweden. The language to be used in the arbitration proceeding shall be English (unless otherwise is agreed borne equally by the disputing Parties).
14.1.2 All arbitral proceeding conducted pursuant to clause 13, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceeding shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award, nor be disclosed to any third part without the prior written consent of the party which the information relates.
14.1.3 (b) Notwithstanding the foregoing, Xxxxxx Seller acknowledges that money damages may take any legal action necessary at any competent court in the Customer's country not be an adequate remedy for breach of residence Section 9 and 16 of this Purchase Order, and Seller agrees that Buyer shall be entitled to seek injunctive relief, should Buyer allege that damages are not an adequate remedy for collection of delayed payments. The parties do hereby accept that the jurisdiction breach of such court shall apply for such purposeSections, and only as necessary to preserve the rights of Buyer pending final resolution of the matter by way of arbitration as set forth in (a) above.
14.1.4 The Agreement(c) Pending resolution or settlement of any dispute arising under this Purchase Order, including Seller will proceed diligently as directed by Buyer with the performance of this clause 14Purchase Order. Irrespective of the place of performance, this Purchase Order and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with Swedish lawthe laws of England and Wales. The provisions of the “United Nations Convention on Contracts for International Sale of Goods” shall not apply to this Purchase Order, including any amendments or changes to this Purchase Order.
14.2 In (d) This Purchase Order constitutes the event that Xxxxxx AS is the contracting party, then the following applies:
14.2.1 Any dispute, controversy commercial activities of Seller. Seller hereby waives any sovereign immunity or claim arising out of, other immunity from legal proceedings to enforce or in connection with, the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Norwegian Arbitration Act. The place of arbitration shall be Oslo, Norway. The language to be used in the arbitration proceeding shall be English (unless otherwise is agreed by the disputing Parties).
14.2.2 All collect upon an arbitral proceeding conducted award rendered pursuant to clause 13, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceeding shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award, nor be disclosed to any third part without the prior written consent of the party which the information relatesthis Section 7.
14.2.3 Notwithstanding the foregoing, Xxxxxx may take any legal action necessary at any competent court in the Customer's country of residence for collection of delayed payments. The parties do hereby accept that the jurisdiction of such court shall apply for such purpose.
14.2.4 The Agreement, including this clause 14, shall be governed by and construed in accordance with Norwegian law.
Appears in 1 contract
Samples: Purchase Order Agreement
Disputes and Governing Law.
14.1 In the event that Tribia AB is the contracting party, then the following applies:
14.1.1 Any dispute, controversy or claim arising out of, or in connection with, the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The place of arbitration shall be Gothenburg, Sweden. The language to be used in the arbitration proceeding shall be English (unless otherwise is agreed by the disputing Parties).
14.1.2 All arbitral proceeding conducted pursuant to clause 13, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceeding shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award, nor be disclosed to any third part without the prior written consent of the party which the information relates.
14.1.3 Notwithstanding the foregoing, Xxxxxx may take any legal action necessary at any competent court in the Customer's country of residence for collection of delayed payments. The parties do hereby accept that the jurisdiction of such court shall apply for such purpose.
14.1.4 The Agreement, including this clause 14, This Agreement shall be governed by and construed in accordance with Swedish law.
14.2 In English Law and subject to the event that Xxxxxx AS is exclusive jurisdiction of the contracting party, then English Courts. If any dispute arises out of this Agreement the following applies:
14.2.1 Any dispute, controversy or claim arising out of, or in connection with, the Agreement, or the breach, termination or invalidity thereof, shall be finally settled parties will attempt to settle it by arbitration mediation in accordance with Centre for Dispute Resolutions (“CEDR”) Model Mediation Procedures. To initiate a mediation a party must give notice in writing (“ADR Notice”) to the Norwegian Arbitration Actother party to the dispute requesting mediation. If there is any point on the conduct of the mediation upon which the parties cannot agree within fourteen (14) days from the date of the ADR Notice, CEDR will, at the request of any party, decide that point for the parties having consulted with them. The place mediation will start not later that twenty eight (28) days after the date of arbitration the ADR Notice. The commencement of a mediation will not prevent the parties commencing or continuing Court or where appropriate Copyright Tribunal proceedings nor will it prevent CLA exercising its rights under the Agreement generally and under clause 14 particularly. “Categories of Excluded Material” which may not be copied under the Licence are works within the following categories:
1. Printed music (including the words);
2. Maps, charts;
3. Newspapers;
4. Workbooks, workcard and assignment sheets;
5. any work on which the copyright owner has expressly and prominently stipulated that it may not be copied under a CLA Licence. Staff and students of this [University] [Institution] are reminded that copyright subsists in this extract and the work from which it was taken. This Digital Copy has been made under the terms of a CLA licence which allows you to: • access and download a copy; • print out a copy; This Digital Copy and any digital or printed copy supplied to or made by you under the terms of this Licence are for use in connection with this Course of Study. You may retain such copies after the end of the course, but strictly for your own personal use. All copies (including electronic copies) shall include this Copyright Notice and shall be Oslodestroyed and/or deleted if and when required by [Institution]. Except as provided for by copyright law, Norwayno further copying, storage or distribution (including by e-mail) is permitted without the consent of the copyright holder. The language author (which term includes artists and other visual creators) has moral rights in the work and neither staff nor students may cause, or permit, the distortion, mutilation or other modification of the work, or any other derogatory treatment of it, which would be prejudicial to the honour or reputation of the author. Course of Study Title Name of Author Name of Publisher
1. The following statement will appear as part of any electronically distributed Commercial Copy: “The following item is a copyright work which has been supplied by [Licensee] and transmitted by electronic means.The following are NOT permitted, unless you have the permission of the copyright owner or of The Copyright LicensingAgency Ltd or save as permitted by statute:
a) printing more than a single paper copy, which itself may not be further copied;
b) retransmitting the article to anybody else, other than to enable a single paper copy to be used in the arbitration proceeding shall be English (unless otherwise is agreed by the disputing Parties).
14.2.2 All arbitral proceeding conducted pursuant to clause 13, all information disclosed and all documents submitted or issued printed out by or for the individual who originally requested the item;
c) electronically storing any copy of the article.”
2. The following statement will appear as part of any Commercial Copy distributed in printed form: “The contents of this document are copyright works and unless you have the permission of the copyright owner or ofThe Copyright Licensing Agency Ltd or save as may be permitted by statute may not be copied (including storage in any electronic medium) or otherwise reproduced (even for internal purposes) or resold.” AS WITNESS the hands for and on behalf of any the parties hereto the day and year first above written Signed for and on behalf of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceeding shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award, nor be disclosed to any third part without the prior written consent of the party which the information relates.
14.2.3 Notwithstanding the foregoing, Xxxxxx may take any legal action necessary at any competent court in the Customer's country of residence for collection of delayed payments. The parties do hereby accept that the jurisdiction of such court shall apply for such purpose.
14.2.4 The Agreement, including this clause 14, shall be governed by and construed in accordance with Norwegian law.Copyright Licensing Agency Limited
Appears in 1 contract
Samples: Higher Education Licence
Disputes and Governing Law. (a) If a dispute cannot be resolved to both Parties’ mutual satisfaction, after good faith negotiations, within ninety (90) calendar days from the date the written claim is received by the other Party, or such additional time as the Parties agree upon, in writing, such dispute shall be settled as follows:
14.1 In (i) where the event Seller is a UK entity the Parties irrevocably agree that Tribia AB is the contracting partydispute shall be submitted to the courts of England and Wales which shall have exclusive jurisdiction, then unless the Buyer notifies the Seller in writing that it opts for arbitration in accordance with the following applies:
14.1.1 Any dispute, controversy provision; (ii) where the Seller is not a UK entity or claim arising out of, or where the Buyer has opted for arbitration in connection withaccordance with the foregoing provision, the Agreement, or the breach, termination or invalidity thereof, dispute shall be finally settled in London by binding arbitration in the English language in accordance with the Rules of the London Court of International Arbitration Institute of the Stockholm Chamber of Commerce(“LCIA”), which Rules are deemed to be incorporated by reference into this Section. The place number of arbitrators shall be one (1) unless the Buyer deems that the dispute is a complex matter and notifies the Seller in writing that the number shall be three (3). Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The Arbitrator(s) award may include compensatory damages against either Party. Under no circumstances will the Arbitrator(s) be authorised to, nor shall they award punitive damages or multiple damages against either Party. The Arbitrator(s) shall have the authority but not the obligation to award the costs of arbitration and reasonable legal fees to the prevailing Party; however, if the Arbitrator(s) do not award such costs and fees, each Party will be responsible for its costs incurred in arbitration except that the costs and fees imposed by the Arbitrator(s) for their expenses shall be Gothenburg, Sweden. The language to be used in the arbitration proceeding shall be English (unless otherwise is agreed borne equally by the disputing Parties).
14.1.2 All arbitral proceeding conducted pursuant to clause 13, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceeding shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award, nor be disclosed to any third part without the prior written consent of the party which the information relates.
14.1.3 (b) Notwithstanding the foregoing, Seller acknowledges that money damages may not be an adequate remedy for breach of Section 9 and 16 of this Purchase Order, and Xxxxxx may take any legal action necessary at any competent court in the Customer's country of residence agrees that Buyer shall be entitled to seek injunctive relief, should Buyer allege that damages are not an adequate remedy for collection of delayed payments. The parties do hereby accept that the jurisdiction breach of such court shall apply for such purposeSections, and only as necessary to preserve the rights of Buyer pending final resolution of the matter by way of arbitration as set forth in (a) above.
14.1.4 The Agreement(c) Pending resolution or settlement of any dispute arising under this Purchase Order, including Seller will proceed diligently as directed by Xxxxx with the performance of this clause 14Purchase Order. Irrespective of the place of performance, this Purchase Order and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with Swedish lawthe laws of England and Wales. The provisions of the “United Nations Convention on Contracts for International Sale of Goods” shall not apply to this Purchase Order, including any amendments or changes to this Purchase Order.
14.2 In (d) This Purchase Order constitutes the event that Xxxxxx AS is the contracting party, then the following applies:
14.2.1 Any dispute, controversy commercial activities of Seller. Seller hereby waives any sovereign immunity or claim arising out of, other immunity from legal proceedings to enforce or in connection with, the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Norwegian Arbitration Act. The place of arbitration shall be Oslo, Norway. The language to be used in the arbitration proceeding shall be English (unless otherwise is agreed by the disputing Parties).
14.2.2 All collect upon an arbitral proceeding conducted award rendered pursuant to clause 13, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceeding shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award, nor be disclosed to any third part without the prior written consent of the party which the information relatesthis Section 7.
14.2.3 Notwithstanding the foregoing, Xxxxxx may take any legal action necessary at any competent court in the Customer's country of residence for collection of delayed payments. The parties do hereby accept that the jurisdiction of such court shall apply for such purpose.
14.2.4 The Agreement, including this clause 14, shall be governed by and construed in accordance with Norwegian law.
Appears in 1 contract
Samples: Purchase Order Agreement
