Disputes, Governing Law & Venue Sample Clauses

Disputes, Governing Law & Venue. This Agreement shall be governed by the laws of the State of Texas. Any dispute or action arising out of or relating to this Agreement shall be brought and maintained only in a state court located in Bexar County, Texas. Seller waives any right to bring action in Federal Court based on diversity of citizenship. The prevailing party in any such action shall be entitled to recover from the non-prevailing party the prevailing party's reasonable attorney's fees, unless prohibited by law.

Disputes, Governing Law & Venue. This Contract shall be governed by and construed in accordance with the laws of the State of Washington. If litigation arises concerning the interpretation of any of the terms of this Contract, venuefor such litigation shall be in the Superior Court of the State of Washington in Yakima County. The prevailing party in any legal action brought to enforce this Contract shall be entitled to reasonable attorney’s fees incurredtherein.

Disputes, Governing Law & Venue. § 10.1 Dispute Resolution Procedure. Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement (or the breach or validity hereof) (each, a “Dispute”), shall be resolved in the manner described in this ARTICLE 10.

Disputes, Governing Law & Venue. (a) The parties shall use their best endeavors 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, Parties agree to settle any and all claims by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof. Notwithstanding, anything to the contrary contained in this agreement, in no event shall either party be liable to the other for any punitive, incidental, consequential, or other special damages in connection with any claim arising out of or related to this agreement. (b) The law of the State of California, U.S.A., applicable to contracts to be performed wholly within such state, and without reference to California choice of laws rules, shall apply to the validity, construction and performance of this Agreement.

Disputes, Governing Law & Venue. This Agreement shall be construed in accordance with and is governed by the laws of the State of Georgia. The Parties agree that any action at law or equity arising out of or relating to this Agreement shall be filed only in the state or federal courts located in Chatham County, and the Parties hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. The Parties agree that this paragraph is reasonable due to the commercial circumstances of the proposed relationship and therefore waive any defense or objection to such exclusive jurisdiction based on forum non-conveniens or similar grounds.

Disputes, Governing Law & Venue. The parties agree to act immediately to resolve any dispute arising with respect to this Agreement. Time is of the essence in the resolution of disputes. OVG agrees that the existence of a dispute notwithstanding, it will continue without delay to carry out all its responsibilities under this Agreement which are not affected by the dispute; Owner agrees that it shall continue to make payment for all services performed as outlined in this Agreement. This Agreement is entered into under and pursuant to, and is to be construed and enforceable in accordance with, the laws of the State of Iowa without regard to its conflict of laws principles. Venue for any action arising out of this Agreement shall be in the Iowa District Court for Dubuque County, Iowa or the Federal District Court for the Northern District of Iowa, Eastern Division, and the parties hereby irrevocably consent to the jurisdiction of such courts.

Disputes, Governing Law & Venue. 35.4.1 Any dispute which is not settled by Agreement of the parties will be finally resolved by the courts of the State of New Jersey. The interpretation, construction and meaning of this contract shall be governed by the laws of the State of New Jersey, excluding its conflict of law rules. The parties hereto consent to the jurisdiction of the courts of general jurisdiction in the State of New York for the purpose of resolving any matter directly or indirectly relating to this Contract. ADDENDUM TO THE CONTRACT BETWEEN CONTINENTAL AIRLINES, INC. AND RADIANT AVIATION SERVICES, INC. CHANGE TO SCHEDULE E PARAGRAPH 5 OPTION TO PURCHASE AND USER LICENSE FEE AGREEMENT. The amount of the monthly lease payment is to change from $34,366 to $49,094. . CHANGE TO SCHEDULE "E-1" To reflect a higher capital cost, the purchase price option will change to attached waived schedule. CHANGE TO SCHEDULE "D" ATTACHMENT A discount equal to 40% of the rate Radiant charges to CO/CE apply for all fee charges to May 1, 2000. A discount of 30% to May 2, 2001. A discount of 20% to May 1, 2002. SIGNATURE BY AUTHORIZED REPRESENTATIVES: RADIANT AVIATION SERVICES, INC. By: _____________________ By: _____________________ Title: __________________ Title: __________________ Date: ___________________ Date: ___________________ CONTINENTAL AIRLINES, INC. By: ____________________ By: _____________________ Title: _________________ Title:___________________ Date: _________________ Date: ___________________ SCHEDULE "A" SCOPE OF WORK NEWARK INTERNATIONAL AIRPORT CONTINENTAL AIRLINES Furnish labor, equipment and miscellaneous materials required for work to be completed at the Proposed aircraft deicing location as designated by Continental: SYSTEM LOCATION: NEWARK INTERNATIONAL AIRPORT The scope of work to be completed is as follows: 1. Obtain the necessary permits, including security, building, electrical and welding/cutting for the required scope of work for the installation and erection of the Facility at the Newark site. Major Components of the InfraTek(Registered)System 2000 2. The InfraTek(Registered)System 2000 includes as a minimum, the following component systems, equipment and labor: o InfraTek(Registered) facility, sized for service of commercial airliner (757) and similar or smaller, aircraft, completely erected on site with lighting, electrical and gas distribution systems included.

Disputes, Governing Law & Venue. (a) The parties shall use their best endeavors 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, if Biolase brings a claim against Distributor, then said claim must be brought in Italy, except for a claim to collect unpaid invoices (accounts receivable). If distributor brings claim against Biolase, it must be brought in the federal and state courts having jurisdiction in Orange County, California, U.S.A. (b) The law of the State of California, U.S.A., applicable to contracts to be performed wholly within such state, and without reference to California choice of laws rules, shall apply to the validity, construction and performance of this Agreement. (c) Any waiver of the required performance of any provision of this Agreement must be made in a written instrument signed by the party excusing performance in order to be effective and shall not be construed as a waiver of such provision under any conditions not specifically stated in such written instrument or as a waiver of any other provision of this Agreement. Any failure of one of the parties to claim at any time from the other party required performance of any provision of this Agreement shall not be construed as a waiver by such party of its right to require performance of such provision at that or any other time or under that or any other circumstances or to require performance of any other provision of this Agreement. **Deleted pursuant to request for confidential treatment filed with the Commission on April 6, 1999.

Disputes, Governing Law & Venue. The Amazon Contracting Entity, the laws governing the interpretation of this Agreement, and the jurisdiction and venue for all disputes hereunder will be determined as follows: 13.5.1 To the extent the Customer registers for the Amazon DSP for the United States, Canada, or Mexico, the laws of the State of Washington and applicable federal law will govern this Agreement, without giving effect to any principles of conflicts of laws. Each party agrees to exclusive personal jurisdiction and venue in the federal and state courts in King County, Washington for any dispute arising out of this Agreement. 13.5.2 To the extent the Customer registers for the Amazon DSP for Japan, the laws of Japan govern this Agreement and any dispute relating in any way to this Agreement will only be adjudicated in the Tokyo District Court. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. TO THE EXTENT PERMITTED BY LAW, CUSTOMER AND ADVERTISER HEREBY WAIVE ANY RIGHTS THAT EACH OF THEM MAY HAVE TO BRING DISPUTES FOR RESOLUTION BEFORE ANY OTHER COURT, TRIBUNAL OR FORUM. Amazon, Customer, and Advertiser each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. 13.5.3 To the extent the Customer registers for the Amazon DSP for Australia, the laws of New South Wales, Australia govern this Agreement and any dispute relating in any way to this Agreement will only be adjudicated in the courts of New South Wales. Each party consents to exclusive jurisdiction and venue in these Courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its affiliates’ or any third party’s intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. TO THE EXTENT PERMITTED BY LAW, CUSTOMER AND ADVERTISER HEREBY WAIVE ANY RIGHTS THAT EACH OF THEM MAY HAVE TO BRING DISPUTES FOR RESOLUTION BEFORE ANY OTHER COURT, TRIBUNAL 13.5.4 To the extent the Customer registers for the Amazon DSP for India, (a) the laws of India will gov...

Disputes, Governing Law & Venue. This Agreement will be governed by and construed and enforced in accordance with the laws of the State of New York, excluding its principles of conflict of laws. The Parties hereby submit to the exclusive venue and jurisdiction in the state and federal courts having jurisdiction over New York City, New York. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. BOTH PARTIES HEREBY IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY. All disputes, controversies and claims arising under, out of, in connection with, or in relation to this Agreement, or the making or validity of this Agreement, or its interpretation, or any breach thereof, or any related matters or any legal relationship associated therewith or derived therefrom (collectively “Disputes”) shall be notified by the initiating party to the other party by written notice. Within 30 days of the written notice, the representatives of each party responsible for the business relationship shall meet to discuss reasonable resolutions of such Disputes. If, within 60 days of such written notice, the parties are unable to resolve a Dispute, either party may seek any available remedy in any state or federal court of New York, New York. Notwithstanding the foregoing, either party may seek appropriate judicial equitable remedies from the applicable federal or state courts of New York, New York, regarding all Disputes prior to or during the attempts to resolve any Disputes. The parties irrevocably submit and attorn to the original jurisdiction and venue of those courts in respect of all such matters.