Disputes, Governing Law and Jurisdiction. The Parties will make good faith efforts to first resolve internally within 30 days any dispute, including over an invoice, in connection with the Agreement by escalating it to higher levels of management. If Client withholds an amount more than sixty days, Accenture will be permitted to suspend performance until such time as the matter in dispute is resolved. The governing law and jurisdiction are set forth in the Service Order.
Disputes, Governing Law and Jurisdiction. 32.1 This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. Subject to clause 32.2 and 32.3, the Parties submit to the exclusive jurisdiction of the courts of Hong Kong.
32.2 In the event that, in the opinion of a Party, a dispute has arisen between the Parties, the Party of the view that a dispute has arisen must give written notice to the other Party, specifying the nature of the dispute, and the Parties shall engage in good faith discussions for at least thirty (30) days from the date of the dispute.
32.3 In the event that the Parties are unable to amicably resolve any dispute arising between them within thirty (30) days of the dispute, any dispute or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force when the notice of arbitration is submitted. The number of arbitrator shall be one and the appointing authority shall be Hong Kong International Arbitration Centre. The place of arbitration shall be in Hong Kong at Hong Kong International Arbitration Centre (HKIAC) and the language of the proceedings shall be English.
Disputes, Governing Law and Jurisdiction. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. We Both Agree to Arbitrate. You agree that any claim or dispute arising out of or relating in any way to your use of the Service or any service provided by us, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify, and except to the extent you have in any manner violated or threatened to violate any intellectual property or other proprietary rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. What is Arbitration? Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. Arbitration Procedures. The Federal Arbitration Act and federal arbitration law apply to this agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: 0000 Xxxxxx xx xxx Xxxxx, Xxxxx 0000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 XXX. Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect. If there is a conflict between AAA’s rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden, and in such case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this ag...
Disputes, Governing Law and Jurisdiction. 84.1 Subject to Clause 84.4, each dispute or difference that arises out of or relates to this Agreement shall be resolved in accordance with Schedule 21 (Dispute Resolution).
84.2 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.
84.3 Without prejudice to Clause 84.1, the Parties irrevocably agree the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims), save that TfL has the right in its absolute discretion to enforce a judgment and/or to take proceedings in any other jurisdiction in which the Service Provider is incorporated or in which any assets of the Service Provider may be situated.
84.4 Notwithstanding the foregoing, nothing in this Agreement shall prevent either Party from seeking injunctive relief in any court of competent jurisdiction.
Disputes, Governing Law and Jurisdiction. This Agreement is to be governed by the laws of the state of Illinois. The Parties shall, in good faith, expend commercially reasonable efforts to resolve amicably any claim or dispute as to any matter arising out of, or relating to, this Agreement ("Dispute").
Disputes, Governing Law and Jurisdiction. 14.1 In the event of any dispute or difference arising between the Parties in connection with this Agreement, the Parties shall attempt to resolve such dispute or difference in good faith and without recourse to legal proceedings between the authorised representatives of each Party.
14.2 If the Parties are unable to resolve such dispute or difference within 10 Business Days of initial discussions between the Parties taking place, either Party may request the other in writing that the matter be referred to senior representatives of the Parties with authority to settle the dispute, who shall attempt to resolve the dispute within 10 working days of the written request to do so.
14.3 If the dispute or difference is not resolved as a result of a meeting of the senior representatives of the Parties pursuant to clause 14.2, or if no meeting of the senior representatives occurs within the prescribed time periods set out in that clause, either Party may commence legal proceedings or take such further action as it deems appropriate.
14.4 The good faith attempts at settlement specified in this clause shall not preclude either party from seeking an interim injunction if that is deemed necessary to preserve their interests.
14.5 This Agreement (including any non-contractual obligations arising out of it) is governed by and shall be construed in accordance with the laws of England.
14.6 The Parties submit to the exclusive jurisdiction of the courts of England and Wales as regards any claim, dispute or matter (whether contractual or non-contractual) arising out of or in connection with this Agreement (including its formation). Executed by acting by a duly authorised director Xxxx Xxxxxx, Limbic CEO Executed by [●] acting by a duly authorised director [Customer signatory details]
1. Customer hereby instructs Limbic to process Protected Data in such manner as may be necessary or desirable in order for Limbic to fulfil its obligations and exercise its rights under this Agreement and provide full functionality of the Limbic Software to Customer. The processer shall not compromise on the security of processing. The processor shall take into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate ...
Disputes, Governing Law and Jurisdiction. 28.1 In the event of any dispute, difference or question of interpretation arising between the parties in connection with this MSA or any Solution Delivery Agreement, neither party shall take recourse to any other resolution unless and until the post holders named in this clause 28 have been fully consulted.
28.2 Consultation for this purpose shall commence as between the lowest level post holders and, in the event that satisfactory resolution cannot be obtained at that level, shall proceed level by level up to the highest level post holder in respect of each of the parties as named herein. Notification of the invocation of this procedure shall be made in writing (and may include email) and in the first instance between the lowest post holders. Additionally, but only if a dispute is related to the performance of a live operational solution or service, the Customer may use the EMIS Support Centre to escalate an existing issue to the next level. This procedure shall not be deemed to have been invoked unless such written notification has been carried out.
28.3 A decision by either party to take recourse to any other resolution beyond this procedure shall be taken by the highest level post holder named in this clause 28 for that party only after full and detailed review of the relevant issues with the lower level post holders within that party's organisation and with the counterpart level post holder in the other party’s organisation.
28.4 For the purposes of this clause 28 the posts with their respective levels are set out (junior levels (Level 1) appearing first followed by the more senior levels) below: For EMIS For the Customer Level Disputes Disputes Disputes regarding regarding the regarding the commercial progress or performance of a aspects of the delivery of a solution or agreement solution that is service that is in (contract and not yet in live live operational pricing) operational use use Level 1 Account Director Project Manager Team Leader Systems manager Level 2 Regional Director Solution Delivery Manager Operations Manager Head of IT Level 3 Chief Executive Officer Head of Solution Delivery Head Of Support Chief Executive Officer
28.5 If the parties are unable to settle any dispute in accordance with the foregoing provisions of this clause 28 then the parties shall attempt to settle such dispute by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure (the model procedure), and neither party sh...
Disputes, Governing Law and Jurisdiction. The Parties shall attempt to resolve any dispute, controversy or difference concerning the meaning, application, construction, performance or breach (“Disputes”) of this Contract by negotiation in good faith in order to arrive at an amicable settlement. If such settlement is not so resolved, within forty five (45) days, Disputes will be referred solely to a Court of competent jurisdiction located in the city of Tel-Aviv, Israel (to the exclusion of any other) and in any event Disputes will be governed by the Israeli Law (excluding its conflict of laws principles). Notwithstanding any Disputes and in any event, the Parties shall continue the ordinary performance of their obligations and commitments hereunder.
Disputes, Governing Law and Jurisdiction. The Parties will make good faith efforts to first resolve internally within 30 days any dispute, including over an invoice, in connection with the Agreement by escalating it to higher levels of management. In the event the parties fail to resolve the matter within this time, the dispute must then be referred to mediation with the Australian Commercial Disputes Centre ("ACDC"). The dispute referred to the ACDC for mediation must be heard by the ACDC as soon as possible. The parties agree to adhere to the procedures set out in this Section 11.3 before enforcing any other rights permitted by law in the resolution of any disputes under this Agreement. This clause shall not apply to any claim arising from any patent or registered trademark, or any claim for urgent interlocutory relief. If Client withholds an amount more than sixty days, Accenture will be permitted to suspend performance until such time as the matter in dispute is resolved. The governing law and jurisdiction are set forth in the Service Order.
Disputes, Governing Law and Jurisdiction. 1.1.1 In the event of any controversy or claim arising from or relating to any provision of this Agreement, or any term or condition hereof, or the performance by a Party of its obligations hereunder, or its construction or its actual or alleged breach, the Parties will try to settle their differences amicably between themselves in negotiations between designated executives of Hanmi and Spectrum. Either Party may provide written notice of a dispute to the other Party, and the designated officers of each Party will thereafter promptly meet to attempt to resolve that dispute.
1.1.2 Any dispute which is not resolved as provided in subsection (a) above, will be settled by final and binding arbitration before a single arbitrator in Hawaii. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The award rendered thereon by the arbitrator shall be final and binding on the parties thereto, and judgment thereon may be entered in any court of competent jurisdiction. The prevailing party shall be entitled to recover from the losing party reasonable attorney’s fees, expenses, and costs. In no event will the arbitrator have any right or power to award punitive or exemplary damages.
1.1.3 This Agreement shall be construed and enforced in accordance with the laws of the State of New York, USA, without reference to its choice of law principles. Furthermore, the Parties expressly waive the application of the United Nations Conventions on Contracts for the International Sale of Goods to this Agreement.
