Common use of GERMANY Clause in Contracts

GERMANY. If Supply Partner has its Seat in the Federal Republic of Germany, 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 the Federal Republic of Germany, without regards to their conflict of laws rules. To the extent the arbitration provision in Section 11.7 does not apply, Supply Partner and Fyber agree that the courts located in Berlin, Germany 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 Supply Partners – Germany 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.

GERMANY. If Supply Demand Partner has its Seat in the Federal Republic of Germany, the following shall apply:‌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 the Federal Republic of Germany, without regards to their conflict of laws rules. To the extent the arbitration provision in Section 11.7 does not apply, Supply Demand Partner and Fyber agree that the courts located in Berlin, Germany shall have exclusive jurisdiction over any dispute between the parties 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 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 Supply Demand Partners – Germany 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 Parties in the applicable Service Order, which shall take precedence over the terms thereof.

GERMANY. If Supply Demand Partner has its Seat in the Federal Republic of Germany, the following shall apply:‌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 the Federal Republic of Germany, without regards to their conflict of laws rules. To the extent the arbitration provision in Section 11.7 does not apply, Supply Demand Partner and Fyber agree that the courts located in Berlin, Germany shall have exclusive jurisdiction over any dispute between the parties Parties arising out of or relating to the Agreement, or any non-non- contractual obligations arising out of or in connection with it, and the parties 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 Supply Demand Partners – Germany 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 Parties in the applicable Service Order, which shall take precedence over the terms thereof.

GERMANY. If Supply Partner has its Seat in the Federal Republic of Germany, the following shall apply:‌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 the Federal Republic of Germany, without regards to their conflict of laws rules. To the extent the arbitration provision in Section 11.7 does not apply, Supply Partner and Fyber agree that the courts located in Berlin, Germany 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 Supply Partners – Germany 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.

GERMANY. If Supply Partner has its Seat in the Federal Republic of Germany, the following shall apply:‌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 the Federal Republic of Germany, without regards to their conflict of laws rules. To the extent the arbitration provision in Section 11.7 does not apply, Supply Partner and Fyber DT agree that the courts located in Berlin, Germany 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 Supply Partners – Germany 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.