Excluded Disputes. You and Xxxx agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
Excluded Disputes. Notwithstanding Section 13.3, any dispute, controversy or claim relating to (a) the scope, validity, enforceability or infringement of any Patent, trademark or copyright or (b) any antitrust, anti-monopoly or competition law or regulation, whether or not statutory shall be submitted to a court of competent jurisdiction.
Excluded Disputes. (a) Any Dispute (whether as to liability or quantum or both) as to any obligation to make any payment under this Agreement or to our right to withhold, reduce or recover any Grant, or to apply clawback in relation to any Grant shall be an "Excluded Dispute".
(b) At any time a party, acting in good faith, may notify the other party in writing that it considers a Dispute to be an Excluded Dispute and may at any time thereafter institute proceedings in the English courts in respect of such Dispute (the "Notice of Excluded Dispute"). The Notice of Excluded Dispute shall include the grounds on which the party delivering the notice considers the Dispute to be an Excluded Dispute.
(c) Any disagreement as to whether a Dispute that has been referred to the courts pursuant to paragraph 7(b) is or is not an Excluded Dispute shall be determined by the court in which those proceedings have been initiated.
(d) Excluded Disputes shall not be referred to negotiation, mediation or arbitration in accordance with paragraphs 1(b), 2 and 3 but shall be subject to the exclusive jurisdiction of the English courts. In addition and without prejudice to the requirements of Clause 45 and the requirements set out in the Delivery Handbook, for all communications, marketing activities and materials relating to the project, you shall keep up to date with and comply with the information and publicity requirements for the ESF programme set out at: xxxxx://xxx.xxx.xx/government/publications/european-structural-and- investment-funds-programme-guidance All materials produced by Xxxxxxxx and their Sub-Grantees or sub-contractors, including but not limited to publicity materials and template forms, must include the “supported by Mayor of London/European Social Fund” lock-up logo shown here: You must comply with any additional guidance on use of the “supported by Mayor of London/European Social Fund” logo that may be provided by the GLA from time to time. Material that is ready for approval should be sent to the GLA Representative who may take up to 10 working days to respond. For the purposes of this Schedule 13, the following definitions shall apply and as more particularly described in Schedule 14
Excluded Disputes. The provisions of Sections 17.1 through 17.2 will apply to Excluded Disputes upon mutual written agreement of the parties. In the absence of such agreement, claims in connection with Excluded Disputes may be instituted in any court of competent jurisdiction.
Excluded Disputes. (a) Any Dispute (whether as to liability or quantum or both) as to any obligation to make any payment under this Agreement or to our right to withhold, reduce or recover any Grant, or to apply clawback in relation to any Grant shall be an "Excluded Dispute".
(b) At any time a party, acting in good faith, may notify the other party in writing that it considers a Dispute to be an Excluded Dispute and may at any time thereafter institute proceedings in the English courts in respect of such Dispute (the "Notice of Excluded Dispute"). The Notice of Excluded Dispute shall include the grounds on which the party delivering the notice considers the Dispute to be an Excluded Dispute.
(c) Any disagreement as to whether a Dispute that has been referred to the courts pursuant to paragraph 7(b) is or is not an Excluded Dispute shall be determined by the court in which those proceedings have been initiated.
(d) Excluded Disputes shall not be referred to negotiation, mediation or arbitration in accordance with paragraphs 1(b), 2 and 3 but shall be subject to the exclusive jurisdiction of the English courts.
Excluded Disputes. Unless otherwise agreed between the parties, clauses 27.3 to 27.8 do not apply to any dispute in relation to:
(a) any amendment or making of a Charge as contemplated in clauses 9.1,
Excluded Disputes. The following claims and disputes are not subject to this arbitration provision: (1) claims for the specific performance of this dispute resolution provision; (2) claims or cross-claims for contribution, indemnification or subrogation in connection with a claim by a third-party against a Consignee Party and/or a Bakery Party; (3) applications for temporary or preliminary injunctive relief in aid of arbitration or for the maintenance of the status quo pending arbitration; (4) claims for the misuse of trade names, trademarks or intellectual property of a Bakery Party; (5) claims for the misuse of alleged confidential trade secrets and proprietary business information of a Bakery Party; (6) claims raised in litigation pending as of the date Bakery and Consignee enter into this agreement; and (7) any claim that is expressly precluded from arbitration by an applicable federal law, statute or regulation. Further, nothing set forth in this Article waives Consignee's right to file a charge or complaint with, or on behalf of, any federal, state, or local administrative agency if such claim is expressly precluded from arbitration under applicable law and such law is not preempted by the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) ("FAA"); however, any Covered Dispute that is not so precluded must be submitted to dispute resolution in accordance herewith.
Excluded Disputes. The following claims and disputes are not subject to this arbitration provision: (1) claims for the specific performance of this dispute resolution provision; (2) claims or cross-claims for contribution, indemnification or subrogation in connection with a claim by a third-party against a Consignee Party and/or a Bakery Party; (3) applications for temporary or preliminary injunctive relief in aid of arbitration or for the maintenance of the status quo pending arbitration; (4) claims for the misuse of trade names, trademarks or intellectual property of a Bakery Party; (5) claims for the misuse of alleged confidential trade secrets and proprietary business information of a Bakery Party;
Excluded Disputes. The following matters are excluded from the Dispute resolution requirements of this Section: (i) a cross-claim pursuant to an indemnification obligation arising under Article VIII in a proceeding filed by a third party; (ii) a Dispute solely relating to ownership, infringement or violation of intellectual property rights; and (iii) any formal proceedings commenced to avoid expiration of any applicable limitations period, to preserve a superior position with respect to other creditors or to seek temporary, preliminary or permanent injunctive relief. The filing of a court action to enable the recording of a notice of pending action, receivership, or injunction shall not constitute a violation of this Section.
Excluded Disputes. Any dispute, controversy, or claim between the Parties relating to (a) the scope, validity, enforceability, or Infringement of any Patents covering the manufacture, use, or sale of any Product or of any Trademark relating to any Product or (b) any 301144389 v2 antitrust, anti-monopoly or competition law or regulation; which in the case of (a) shall be determined in accordance with the Applicable Law of the country or other jurisdiction in which the particular Patent or Trademark has been filed or granted, as the case may be; and in the case of (b) be determined in accordance with the Applicable Law of the country or other jurisdiction in which the alleged anti-competitive conduct or infraction is alleged to have occurred; provided that, all questions concerning inventorship of Patents under this Agreement shall be determined in accordance with Section 7.1(b).
