DISPUTES; GOVERNING LAW AND VENUE Sample Clauses

DISPUTES; GOVERNING LAW AND VENUE. (A) Each Order and any subsequent changes thereto shall be governed by and construed in accordance with the laws of the State or Province where Xxxxx’s business unit issuing the Order has its principal place of business, without regard to its conflict of laws principles. Any dispute arising from or relating to any Order which is not resolved amicably shall be solely and exclusively brought in the first instance in the federal court, or if it does not have personal jurisdiction, the state or provincial court of competent jurisdiction located in the State or Province where Xxxxx’s business unit issuing the Order has its principal place of business. The parties hereby submit to the personal jurisdiction of the aforesaid courts and waive any defenses either of them may have based on lack of personal jurisdiction or improper or inconvenient venue or both. Any judgment, order or other action by the cognizant court shall be enforceable by such court and/or any court or tribunal in any jurisdiction in which the losing party or any of its assets are located. (B) Pending final resolution of any dispute, the Seller shall proceed diligently with the performance of any Order(s) as directed by the Buyer. If the dispute arises out of a difference in interpretation between the parties as to the performance requirements of an Order, then Seller must continue performance as determined by the Buyer. (C) The provisions of this Xxxxxx survive termination or completion of all Orders hereunder. (D) The parties expressly agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods, 1980, and any successor thereto, shall not apply to any Order.
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DISPUTES; GOVERNING LAW AND VENUE. (A) Each Order and any subsequent changes thereto shall be governed by and construed in accordance with the laws of the State or Province where Buyer’s business unit issuing the Order has its principal place of business, without regard to its conflict of laws principles. Any dispute arising from or relating to any Order which is not resolved amicably shall be solely and exclusively brought in the first instance in the federal court, or if it does not have personal jurisdiction, the state or provincial court of competent jurisdiction located in the State or Province where Buyer’s business unit issuing the Order has its principal place of business. The parties hereby submit to the personal jurisdiction of the aforesaid courts and waive any defenses either of them may have based on lack of personal jurisdiction or improper or inconvenient venue or both. EACH OF THE PARTIES HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS. Any judgment, order or other action by the cognizant court shall be enforceable by such court and/or any court or tribunal in any jurisdiction in which the losing party or any of its assets are located. (B) Pending final resolution of any dispute, the Seller shall proceed diligently with the performance of any Order(s) as directed by the Buyer. If the dispute arises out of a difference in interpretation between the parties as to the performance requirements of an Order, then Seller must continue performance as determined by the Buyer. (C) The provisions of this Clause survive termination or completion of all Orders hereunder. (D) The parties expressly agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods, 1980, and any successor thereto, shall not apply to any Order.
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DISPUTES; GOVERNING LAW AND VENUE. (1) The parties shall use their best endeavours to amicably settle any disputes, controversies and claims arising under or in connection with or due to an infringement of this Agreement. If such disputes, controversies or claims cannot be amicably settled after consultation of the parties' managements, the courts of Frankfurt a. M., Germany, shall have exclusive jurisdiction for all claims of BioLase against OHT and the courts of San Clemente, California, U.S.A. shall have exclusive jurisdiction for all claims of OHT against BioLase. (2) The law of the Federal Republic of Germany shall apply to the validity, construction and performance of this Agreement. (3) Any failure of one of the parties to claim at any time from the other party performance of the provisions of this Agreement shall not be construed as a waiver of such party to claim performance of such provision. In the event of a breach of any provision of this Agreement, any waiver shall be made in writing in order to be effective and shall not be construed as a waiver of any right arising from any future or continuing breach of such provision, of such provision itself or of any other right resulting from this Agreement.
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DISPUTES; GOVERNING LAW AND VENUE 
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Related to DISPUTES; GOVERNING LAW AND VENUE

  • Governing Law and Venue This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county.

  • Controlling Law and Venue The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, the interpretation, and performance of this Agreement shall be governed by the laws of the State of California. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or the United States District Court for the Northern District of California.

  • Governing Law; Venue NOTWITHSTANDING THE PLACE WHERE THIS AGREEMENT MAY BE EXECUTED BY ANY OF THE PARTIES HERETO, THE PARTIES EXPRESSLY AGREE THAT THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF NEW YORK AS APPLIED TO AGREEMENTS AMONG NEW YORK RESIDENTS ENTERED INTO AND TO BE PERFORMED ENTIRELY WITHIN NEW YORK, WITHOUT REGARD TO THE CONFLICT OF LAW PROVISIONS OF SUCH JURISDICTION.

  • Governing Law, Jurisdiction and Venue No Waiver of Jury Trial: This Agreement will be governed by the laws of the State of Vermont. Any action or proceeding brought by either the State or the Party in connection with this Agreement shall be brought and enforced in the Superior Court of the State of Vermont, Civil Division, Washington Unit. The Party irrevocably submits to the jurisdiction of this court for any action or proceeding regarding this Agreement. The Party agrees that it must first exhaust any applicable administrative remedies with respect to any cause of action that it may have against the State with regard to its performance under this Agreement. Party agrees that the State shall not be required to submit to binding arbitration or waive its right to a jury trial.

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