Common use of Governing Law, Arbitration and Consent to Jurisdiction Clause in Contracts

Governing Law, Arbitration and Consent to Jurisdiction. This is a Vermont contract and shall be construed and enforced under and be governed in all respects by the laws of the State of Vermont, without regard to the Vermont internal conflict of laws principles thereof. The parties each agree to promptly and mutually select a mediator and promptly mediate in good faith any controversy, claim or dispute arising between the parties hereto arising out of or related to this Agreement and its performance or any breach or claimed breach thereof. In the event that mediation does not resolve any such matter, then such matter other than any matter in which injunctive relief or other equitable relief is sought shall be definitively resolved through binding arbitration conducted in the City of Burlington, Vermont, by a panel of three (3) arbitrators in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association; provided, however, that notwithstanding anything to the contrary in such Commercial Arbitration Rules, the parties shall be entitled in the course of any arbitration conducted pursuant to this Section to seek and obtain discovery from one another to the same extent and by means of the same mechanisms authorized by Rules 27 through 37 of the Federal Rules of Civil Procedure. The power and office of the arbitrators shall arise wholly and solely from this Agreement and the then current Commercial Arbitration Rules of the American Arbitration Association. The award of the panel or a majority of them so rendered shall be final and binding, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereto. To the extent a dispute is not to be arbitrated in accordance with the foregoing, each of the Company and the Executive (i) irrevocably submits to the jurisdiction of the United States District Court of Vermont and to the jurisdiction of the state courts of Vermont for the purpose of any suit or other proceeding arising out of or based upon the Agreement or the subject matter hereof and agrees that any such proceeding shall be brought or maintained only in such court, and (ii) waives, to the extent not prohibited by applicable law, and agrees not to assert in any such proceedings, any claim that it is not subject to the jurisdiction of the above-named courts, that he or it is immune from extraterritorial injunctive relief or other injunctive relief, that any such proceeding brought or maintained in a court provided for above may not be properly brought or maintained in such court, should be transferred to some other court or should be stayed or dismissed by reason of the pendency of some other proceeding in some other court, or that this Agreement or the subject matter hereof may not be enforced in or by such court.

Governing Law, Arbitration and Consent to Jurisdiction. This is a Vermont contract and shall be construed and enforced under and be governed in all respects by the laws of the State of Vermont, without regard to the Vermont internal conflict of laws principles thereof. The parties each agree to promptly and mutually select a mediator and promptly mediate in good faith any controversy, claim or dispute arising between the parties hereto arising out of or related to this Agreement and its performance or any breach or claimed breach thereof. In the event that mediation does not resolve any such matter, then such matter other than any matter in which injunctive relief or other equitable relief is sought shall be definitively resolved through binding arbitration conducted in the City of Burlington, Vermont, by a panel of three (3) arbitrators in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association; provided, however, that notwithstanding anything to the contrary in such Commercial Arbitration Rules, the parties shall be entitled in the course of any arbitration conducted pursuant to this Section to seek and obtain discovery from one another to the same extent and by means of the same mechanisms authorized by Rules 27 through 37 of the Federal Rules of Civil Procedure. The power and office of the arbitrators shall arise wholly and solely from this Agreement and the then current Commercial Arbitration Rules of the American Arbitration Association. The award of the panel or a majority of them so rendered shall be final and binding, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereto. To the extent a dispute is not to be arbitrated in accordance with the foregoing, each of the Company and the Executive (i) irrevocably submits to the jurisdiction of the United States District Court of Vermont and to the jurisdiction of the state courts of Vermont (Washington Country superior, district of Vermont) for the purpose of any suit or other proceeding arising out of or based upon the Agreement or the subject matter hereof and agrees that any such proceeding shall be brought or maintained only in such court, and (ii) waives, to the extent not prohibited by applicable law, and agrees not to assert in any such proceedings, any claim that it is not subject to the jurisdiction of the above-named courts, that he or it is immune from extraterritorial injunctive relief or other injunctive relief, that any such proceeding brought or maintained in a court provided for above may not be properly brought or maintained in such court, should be transferred to some other court or should be stayed or dismissed by reason of the pendency of some other proceeding in some other court, or that this Agreement or the subject matter hereof may not be enforced in or by such court.

Governing Law, Arbitration and Consent to Jurisdiction. This is a Vermont contract and shall be construed and enforced under and be governed in all respects by the laws of the State of VermontNew York, without regard to the Vermont internal conflict of laws principles thereof. The parties each agree to promptly and mutually select a mediator and promptly mediate in good faith any controversy, claim or dispute arising between the parties hereto arising out of or related to this Agreement and Agreement, its performance or any breach or claimed breach thereof. In the event that such mediation does not resolve any such matter, then such matter other than any matter in which injunctive relief or other equitable relief is sought sought. shall be definitively resolved through binding arbitration conducted in the City of Burlington, VermontNew York, by a panel of three (3) arbitrators in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association; , provided, however, that notwithstanding anything to the contrary in such Commercial Arbitration Rules, the parties shall be entitled in the course of any arbitration conducted pursuant to this Section to seek and obtain discovery discover from one another to the same extent and by means of the same mechanisms authorized by Rules 27 through 37 of the Federal Rules of Civil Procedure. The power and office of the arbitrators shall arise wholly and solely from this Agreement and the then current Commercial Arbitration Rules of the American Arbitration Association. The award of the panel or a majority of them so rendered shall be final and binding, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereto. To the extent a dispute is not to be arbitrated in accordance with the foregoing, each of the Company and the Executive (i) irrevocably submits to the jurisdiction of the United States District Court for the Southern District of Vermont New York and to the jurisdiction of the state courts of Vermont the State of New York for the purpose of any suit or other proceeding arising out of or based upon the this Agreement or the subject matter hereof and agrees that any such proceeding shall be brought or maintained only in such court, and (ii) waives, to the extent not prohibited by applicable law, law and agrees not to assert in any such proceedings, any claim that it is not subject personally to the jurisdiction of the above-named courts, that he or it is immune from extraterritorial injunctive relief or other injunctive relief, that any such proceeding brought or maintained in a court provided for above may not be properly brought or maintained in such court, should be transferred to some other court or should be stayed or dismissed by reason of the pendency of some other proceeding in some other court, or that this Agreement or the subject matter hereof may not be enforced in or by such court.