Common use of Europe Clause in Contracts

Europe. If Demand Partner has its Seat in the European Economic Area (other than the Federal Republic of Germany) or otherwise within Europe (including Armenia, Cyprus, Greenland, and the entire territory of Azerbaijan, Georgia, Kazakhstan, Russia, and Turkey), the following shall apply: (a) The Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of England and Wales, without regards to its conflict of laws rules. To the extent the arbitration provision in Section 11.7 does not apply, Demand Partner and Fyber agree that the courts in England shall have exclusive jurisdiction over any dispute between the Parties arising out of or relating to the Agreement, or any non-contractual obligations arising out of or in connection with it, and the Parties hereby consent to the personal jurisdiction and venue of these courts. (b) The terms and conditions of the Local Addendum to the Master Service Agreement for Demand Partners – Europe in Appendix C shall be effective as an integral part of the Agreement and shall replace and supersede any conflicting provisions, except for conflicting terms individually agreed upon between the Parties in the applicable Service Order, which shall take precedence over the terms thereof.