Common use of Governing Law; Arbitration; Jurisdiction Clause in Contracts

Governing Law; Arbitration; Jurisdiction. These T&Cs shall be construed according to the laws of the State of Michigan without regard to conflict of laws principles. For the avoidance of doubt, the UN Convention for the International Sale of Goods (CISG) does not apply. The parties hereby submit and consent to the exclusive jurisdiction and venue of state courts sitting in Xxxxx County, Michigan or the United States District Court for the Eastern District of Michigan for the purpose of hearing and determining any disputes. At DADCO’s option, exercised by written notice any time before or within 30 days following the service of process in a legal action, any dispute arising from and/or relating to the Goods, these DADCO T&Cs, or any other matter between the parties (other than requests for injunctive relief) will be resolved by binding arbitration using a single arbitrator selected by the parties. The arbitration will be conducted under the commercial arbitration rules of the American Arbitration Association (AAA) in a location agreed by the parties; if the parties cannot agree on a location within 30 days of either party’s written request for arbitration, the arbitration will be conducted in metropolitan Detroit, MI USA; and (c) if the parties cannot agree on an arbitrator within 30 days of the selection of the arbitration location, each party will select a person from the AAA-approved commercial arbitrator list and those two people will jointly select a third person from such list who will conduct the arbitration as the sole arbitrator. The arbitrator will issue written findings of fact and conclusions of law, and may award attorneys’ fees and costs to the substantially prevailing party. In no event will any party be awarded punitive or exemplary damages. The award of the arbitrator will be enforceable in any court of competent jurisdiction, provided that either party may appeal to the U.S. District Court for the Eastern District of Michigan, for correction of any clear error of fact or law by the arbitrator (provided that the appealing party must first post an appropriate bond and that the prevailing party in any such action will be entitled to its attorneys’ fees and costs). Any request for injunctive relief may be brought by DADCO in any court(s) having jurisdiction over Supplier or, at DADCO’s option, in the applicable court closest to the place from which the Order was issued by DADCO, in which event Supplier consents to the jurisdiction of such court. Any request for injunctive relief against DADCO may be brought by Supplier only in the court(s) having jurisdiction over the location of DADCO from which the Order issued.

Governing Law; Arbitration; Jurisdiction. These T&Cs The Agreement shall be governed by and construed according to in accordance with the laws of the State of Michigan without regard to conflict Michigan. The provisions of laws principles. For the avoidance of doubt, the UN United Nations Convention on Contracts for the International Sale of Goods (CISG) does not applyGoods, and any conflict-of-laws provisions that would require application of another choice of law, are excluded. The parties hereby submit and consent Any action hereunder shall be subject to the exclusive jurisdiction and venue of state and federal courts sitting in Xxxxx County, Michigan or Michigan. The arbitration provisions of this Section will be governed by the United States District Court for the Eastern District of Michigan for the purpose of hearing and determining any disputesFederal Arbitration Act. At DADCOBuyer’s option, exercised by written notice any time before or within 30 days following the service of process in a legal action, any dispute arising from and/or relating to regarding the GoodsMaterial/Service, these DADCO T&Csthe Purchase Order, the Agreement, the validity of the Order, Agreement or any of the terms of the T&C, or any other matter between the parties (other than requests for equitable or injunctive reliefrelief or specific performance) will be resolved by binding arbitration arbitration, conducted in the English language using a single arbitrator selected by the partiesarbitrator. The arbitration will be conducted under the commercial arbitration rules of the American Arbitration Association (AAA) and under Rules 26 through 37 of the U.S. Federal Rules of Civil Procedure, in a location agreed by the parties; if . If the parties cannot agree on a location within 30 days of either partyBuyer’s written request for arbitration, the arbitration will be conducted in the metropolitan area of Detroit, MI USA; Michigan, USA and (c) if the parties cannot agree on arbitrator will be selected from an arbitrator within 30 days of AAA list using the AAA- recommended selection of the arbitration location, each party will select a person from the AAA-approved commercial arbitrator list and those two people will jointly select a third person from such list who will conduct the arbitration as the sole arbitratormethod. The arbitrator will issue written findings of fact and conclusions of law. Each party will bear equally the costs and expenses of AAA and of the arbitrator, and each party will bear its own costs and expenses – provided, however, (1) that the failure by one party to pay its share of arbitration fees constitutes a waiver of such party’s claim or defense in the arbitration, and (2) that the arbitrator may award attorneys’ fees and costs to the substantially prevailing party. In no event will any party be awarded punitive or exemplary damages or any other damages not measured by the prevailing party’s actual damages. All arbitration proceedings shall be confidential, except to the extent that disclosure is necessary to enforce an arbitration award in a court of competent jurisdiction. The award of the arbitrator will be enforceable in any court of competent jurisdiction, provided that either party may appeal to the U.S. District Court for the Eastern District of Michigan, an appropriate court for correction of any clear error of fact or law by the arbitrator (provided that the appealing party must first post an appropriate bond and that the prevailing party in any such action will be entitled to its attorneys’ fees and costs). Any In all other cases, including any request for equitable or injunctive relief relief, the parties agree and consent to the exclusive jurisdiction of the Special Business Docket of the Macomb County Circuit Court, Michigan or the U.S. District Court for the Eastern District of Michigan, Southern Division as applicable, provided that Buyer may be brought by DADCO elect to bring an action against Seller in any court(s) court having jurisdiction over Supplier or, at DADCO’s option, in the applicable court closest to the place from which the Order was issued by DADCO, in which event Supplier consents to the jurisdiction of such court. Any request for injunctive relief against DADCO may be brought by Supplier only in the court(s) having jurisdiction over the location of DADCO from which the Order issuedSeller.

Governing Law; Arbitration; Jurisdiction. These T&Cs shall The Agreement will be governed by and construed according to in accordance with the laws of the State of Michigan without regard to conflict Michigan. The provisions of laws principles. For the avoidance of doubt, the UN United Nations Convention on Contracts for the International Sale of Goods (CISG) does not applyGoods, and any conflict-of-laws provisions that would require application of another choice of law, are excluded. The parties hereby submit and consent Any action hereunder brought by Seller will be subject to the exclusive jurisdiction and venue of state courts sitting in Xxxxx CountyCounty Circuit Court, Michigan or or, if subject matter jurisdiction is met, the United States District Court for the Eastern District of Michigan for without giving effect to the purpose principles thereof relating to conflicts of hearing and determining any disputeslaw. The arbitration provisions of this Section will be governed by the United States Federal Arbitration Act. At DADCOBuyer’s option, exercised by written notice any time before or within 30 days following the service of process in a legal action, any dispute arising from and/or relating to regarding the GoodsMaterial, these DADCO T&Csthe Agreement, the validity of the Agreement or any of this T&C, or any other matter between the parties (other than requests for equitable or injunctive reliefrelief or specific performance) will be resolved by binding arbitration arbitration, conducted in the English language using a single arbitrator selected by the partiesarbitrator. The location and rules of the arbitration will be as stated in the applicable Country Supplement. If such location and/or rules are not identified: (a) the arbitration will be conducted under the commercial arbitration rules of the American Arbitration Association (AAA) and under Rules 26 through 37 of the U.S. Federal Rules of Civil Procedure, in a location agreed by the parties; (b) if the parties cannot agree on a location within 30 days of either partyBuyer’s written request for arbitration, the arbitration will be conducted in metropolitan Detroit, MI Michigan, USA; and (c) if the parties cannot agree on arbitrator will be selected from an arbitrator within 30 days of the selection of the arbitration location, each party will select a person from AAA list using the AAA-approved commercial arbitrator list and those two people will jointly select a third person from such list who will conduct the arbitration as the sole arbitratorrecommended selection method. The arbitrator will issue written findings of fact and conclusions of law. Each party will bear equally the costs and expenses of AAA and of the arbitrator, and each party will bear its own costs and expenses – provided, however, (1) that the failure by one party to pay its share of arbitration fees constitutes a waiver of such party’s claim or defense in the arbitration, and (2) that the arbitrator may award attorneys’ fees and costs to the substantially prevailing party. In no event will any party be awarded punitive or exemplary damages or any other damages not measured by the prevailing party’s actual damages. All arbitration proceedings will be confidential, except to the extent that disclosure is necessary to enforce an arbitration award in a court of competent jurisdiction. The award of the arbitrator will be enforceable in any court of competent jurisdiction, provided that either party may appeal to the U.S. District Court for the Eastern District of Michiganan appropriate court, for correction of any clear error of fact or law by the arbitrator (provided that the appealing party must first post an appropriate bond and that the prevailing party in any such action will be entitled to its attorneys’ fees and costs). Any In all other cases, including any request for equitable or injunctive relief relief, the parties agree and consent to the exclusive jurisdiction of the Xxxxx County Circuit Court, Michigan or the U.S. District Court for the Eastern District of Michigan, as applicable, provided that Buyer may be brought by DADCO elect to bring an action against Seller in any court(s) court having jurisdiction over Supplier or, at DADCO’s option, in the applicable court closest to the place from which the Order was issued by DADCO, in which event Supplier consents to the jurisdiction of such court. Any request for injunctive relief against DADCO may be brought by Supplier only in the court(s) having jurisdiction over the location of DADCO from which the Order issuedSeller.

Governing Law; Arbitration; Jurisdiction. These T&Cs The T&C shall be governed by and construed according to in accordance with the laws of the State of Michigan without regard to conflict Michigan. The provisions of laws principles. For the avoidance of doubt, the UN United Nations Convention on Contracts for the International Sale of Goods (CISG) does not applyGoods, and any conflict-of-laws provisions that would require application of another choice of law, are excluded. The parties hereby submit and consent Any action hereunder shall be subject to the exclusive jurisdiction and venue of state and federal courts sitting in Xxxxx County, Michigan or without giving effect to the principles thereof relating to conflicts of law. The arbitration provisions of this Section will be governed by the United States District Court for the Eastern District of Michigan for the purpose of hearing and determining any disputesFederal Arbitration Act. At DADCOBuyer’s option, exercised by written notice any time before or within 30 days following the service of process in a legal action, any dispute arising from and/or relating to regarding the GoodsSupplies, the Order, the validity of the Order or any of these DADCO T&CsTerms, or any other matter between the parties (other than requests for equitable or injunctive reliefrelief or specific performance) will be resolved by binding arbitration arbitration, conducted in the English language using a single arbitrator selected by the partiesarbitrator. The location and rules of the arbitration will be as stated in the applicable Country Supplement. If such location and/or rules are not identified: (a) the arbitration will be conducted under the commercial arbitration rules of the American Arbitration Association (AAA) and under Rules 26 through 37 of the U.S. Federal Rules of Civil Procedure, in a location agreed by the parties; (b) if the parties cannot agree on a location within 30 days of either party’s written request for arbitration, the arbitration will be conducted in metropolitan Detroit, MI Michigan, USA; and (c) if the parties cannot agree on arbitrator will be selected from an arbitrator within 30 days of the selection of the arbitration location, each party will select a person from AAA list using the AAA-approved commercial arbitrator list and those two people will jointly select a third person from such list who will conduct the arbitration as the sole arbitratorrecommended selection method. The arbitrator will issue written findings of fact and conclusions of law. Each party will bear equally the costs and expenses of AAA and of the arbitrator, and each party will bear its own costs and expenses – provided, however, (1) that the failure by one party to pay its share of arbitration fees constitutes a waiver of such party’s claim or defense in the arbitration, and (2) that the arbitrator may award attorneys’ fees and costs to the substantially prevailing party. In no event will any party be awarded punitive or exemplary damages or any other damages not measured by the prevailing party’s actual damages. All arbitration proceedings shall be confidential, except to the extent that disclosure is necessary to enforce an arbitration award in a court of competent jurisdiction. The award of the arbitrator will be enforceable in any court of competent jurisdiction, provided that either party may appeal to the court identified in the Country Supplement, or if no court is identified, then to the U.S. District Court for the Eastern District of Michigan, for correction of any clear error of fact or law by the arbitrator (provided that the appealing party must first post an appropriate bond and that the prevailing party in any such action will be entitled to its attorneys’ fees and costs). Any In all other cases, including any request for equitable or injunctive relief relief, the parties agree and consent to the exclusive jurisdiction of the Xxxxx County Circuit Court, Michigan or the U.S. District Court for the Eastern District of Michigan, as applicable, provided that Buyer may be brought by DADCO elect to bring an action against Seller in any court(s) court having jurisdiction over Supplier or, at DADCO’s option, in the applicable court closest to the place from which the Order was issued by DADCO, in which event Supplier consents to the jurisdiction of such court. Any request for injunctive relief against DADCO may be brought by Supplier only in the court(s) having jurisdiction over the location of DADCO from which the Order issuedSeller.

Governing Law; Arbitration; Jurisdiction. These T&Cs The T&C shall be governed by and construed according to in accordance with the laws of the State of Michigan without regard to conflict Michigan. The provisions of laws principles. For the avoidance of doubt, the UN United Nations Convention on Contracts for the International Sale of Goods (CISG) does not applyGoods, and any conflict-of-laws provisions that would require application of another choice of law, are excluded. The parties hereby submit and consent Any action hereunder shall be subject to the exclusive jurisdiction and venue of state and federal courts sitting in Xxxxx County, Michigan or without giving effect to the principles thereof relating to conflicts of law. The arbitration provisions of this Section will be governed by the United States District Court for the Eastern District of Michigan for the purpose of hearing and determining any disputesFederal Arbitration Act. At DADCOBuyer’s option, exercised by written notice any time before or within 30 days following the service of process in a legal action, any dispute arising from and/or relating to regarding the GoodsSupplies, the Order, the validity of the Order or any of these DADCO T&CsTerms, or any other matter between the parties (other than requests for equitable or injunctive reliefrelief or specific performance) will be resolved by binding arbitration arbitration, conducted in the English language using a single arbitrator selected by the partiesarbitrator. The location and rules of the arbitration will be as stated in the applicable Country Supplement. If such location and/or rules are not identified: (a) the arbitration will be conducted under the commercial arbitration rules of the American Arbitration Association (AAA) and under Rules 26 through 37 of the U.S. Federal Rules of Civil Procedure, in a location agreed by the parties; (b) if the parties cannot agree on a location within 30 days of either party’s written request for arbitration, the arbitration will be conducted in metropolitan DetroitAuburn Hills, MI Michigan, USA; and (c) if the parties cannot agree on arbitrator will be selected from an arbitrator within 30 days of the selection of the arbitration location, each party will select a person from AAA list using the AAA-approved commercial arbitrator list and those two people will jointly select a third person from such list who will conduct the arbitration as the sole arbitratorrecommended selection method. The arbitrator will issue written findings of fact and conclusions of law. Each party will bear equally the costs and expenses of AAA and of the arbitrator, and each party will bear its own costs and expenses – provided, however, (1) that the failure by one party to pay its share of arbitration fees constitutes a waiver of such party’s claim or defense in the arbitration, and (2) that the arbitrator may award attorneys’ fees and costs to the substantially prevailing party. In no event will any party be awarded punitive or exemplary damages or any other damages not measured by the prevailing party’s actual damages. All arbitration proceedings shall be confidential, except to the extent that disclosure is necessary to enforce an arbitration award in a court of competent jurisdiction. The award of the arbitrator will be enforceable in any court of competent jurisdiction, provided that either party may appeal to the court identified in the Country Supplement, or if no court is identified, then to the U.S. District Court for the Eastern District of Michigan, for correction of any clear error of fact or law by the arbitrator (provided that the appealing party must first post an appropriate bond and that the prevailing party in any such action will be entitled to its attorneys’ fees and costs). Any In all other cases, including any request for equitable or injunctive relief relief, the parties agree and consent to the exclusive jurisdiction of the Circuit Court for Oakland County, Michigan or the U.S. District Court for the Eastern District of Michigan, as applicable, provided that Buyer may be brought by DADCO elect to bring an action against Seller in any court(s) court having jurisdiction over Supplier or, at DADCO’s option, in the applicable court closest to the place from which the Order was issued by DADCO, in which event Supplier consents to the jurisdiction of such court. Any request for injunctive relief against DADCO may be brought by Supplier only in the court(s) having jurisdiction over the location of DADCO from which the Order issuedSeller.

Governing Law; Arbitration; Jurisdiction. These T&Cs The Agreement shall be governed by and construed according to in accordance with the laws of the State of Michigan without regard to conflict Wisconsin. The provisions of laws principles. For the avoidance of doubt, the UN United Nations Convention on Contracts for the International Sale of Goods (CISG) does not applyGoods, and any conflict-of-laws provisions that would require application of another choice of law, are excluded. The parties hereby submit and consent Any action hereunder shall be subject to the exclusive jurisdiction and venue of the state courts sitting in Xxxxx Walworth County, Michigan or Wisconsin and the United States District Court for the Eastern District of Michigan for Wisconsin, as applicable, without giving effect to the purpose principles thereof relating to conflicts of hearing and determining any disputeslaw. The arbitration provisions of this Section will be governed by the United States Federal Arbitration Act. At DADCOBuyer’s option, exercised by written notice any time before or within 30 days following the service of process in a legal action, any dispute arising from and/or relating to regarding the GoodsMaterial, these DADCO T&Csthe Purchase Order, the Agreement, the validity of the Order, any of the terms of the T&C or any other matter between the parties (other than requests for equitable or injunctive reliefrelief or specific performance) will be resolved by binding arbitration arbitration, conducted in the English language using a single arbitrator selected by the partiesarbitrator. The arbitration will be conducted under the commercial arbitration rules of the American Arbitration Association (AAA) and under Rules 26 through 37 of the U.S. Federal Rules of Civil Procedure, in a location agreed by the parties; if . If the parties cannot agree on a location within 30 days of either partyBuyer’s written request for arbitration, the arbitration will be conducted in metropolitan DetroitWalworth County, MI USA; Wisconsin, USA and (c) if the parties cannot agree on arbitrator will be selected from an arbitrator within 30 days of the selection of the arbitration location, each party will select a person from AAA list using the AAA-approved commercial arbitrator list and those two people will jointly select a third person from such list who will conduct the arbitration as the sole arbitratorrecommended selection method. The arbitrator will issue written findings of fact and conclusions of law. Each party will bear equally the costs and expenses of AAA and of the arbitrator, and each party will bear its own costs and expenses – provided, however, (1) that the failure by one party to pay its share of arbitration fees constitutes a waiver of such party’s claim or defense in the arbitration, and (2) that the arbitrator may award attorneys’ fees and costs to the substantially prevailing party. In no event will any party be awarded punitive or exemplary damages or any other damages not measured by the prevailing party’s actual damages. All arbitration proceedings shall be confidential, except to the extent that disclosure is necessary to enforce an arbitration award in a court of competent jurisdiction. The award of the arbitrator will be enforceable in any court of competent jurisdiction, provided that either party may appeal to the U.S. District Court for the Eastern District of Michigan, an appropriate court for correction of any clear error of fact or law by the arbitrator (provided that the appealing party must first post an appropriate bond and that the prevailing party in any such action will be entitled to its attorneys’ fees and costs). Any In all other cases, including any request for equitable or injunctive relief relief, the parties agree and consent to the exclusive jurisdiction of the state courts sitting in Walworth County, Wisconsin and the United States District Court for the Eastern District of Wisconsin, as applicable, provided that Buyer may be brought by DADCO elect to bring an action against Seller in any court(s) court having jurisdiction over Supplier or, at DADCO’s option, in the applicable court closest to the place from which the Order was issued by DADCO, in which event Supplier consents to the jurisdiction of such court. Any request for injunctive relief against DADCO may be brought by Supplier only in the court(s) having jurisdiction over the location of DADCO from which the Order issuedSeller.