Governing Law; Arbitration of Disputes Sample Clauses

Governing Law; Arbitration of Disputes. This Agreement shall in all respects be governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and fully to be performed in such state, without giving effect to conflicts of law principles. The parties agree that any and all claims and controversies arising under this Agreement will be resolved by arbitration in accordance with the terms and conditions of the Asset Purchase Agreement.

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Governing Law; Arbitration of Disputes. This Agreement shall be governed by the laws of the State of Nevada, excluding its conflict of law rules. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration, with a single neutral arbitrator, in accordance with the rules of the American Arbitration Association relating to employment. The proper venue for any such action is Washoe County, Nevada. In any action to enforce this Agreement, the Executive and the Company each agree to accept service of process by mail. In any action in which service is made pursuant to this paragraph, the Executive and the Company each waive any challenge to the personal jurisdiction of the American Arbitration Association. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In reaching a decision, the arbitrator shall have no authority to change or modify any provision of this Agreement.

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Governing Law; Arbitration of Disputes. This Agreement shall be governed by and construed in accordance with the internal laws of the State of North Carolina applicable to contracts executed and fully performed within such State. All claims and disputes arising out of the interpretation, application or enforcement of this letter agreement shall be settled by final and binding arbitration in Wake County, North Carolina, in accordance with the then current employment arbitration rules of the American Arbitration Association (AAA), by a single arbitrator appointed in accordance with such rules, and judgment on the arbitration award shall be final, binding and enforceable by any court of competent jurisdiction. The arbitrator shall be authorized to make any decision or award allowed by law, including but not limited to any remedy provided by law or equity. The Parties shall each bear their own attorneys’ fees and costs associated with such arbitration and shall share equally the arbitrator's fees and administrative fees charged by any entity that may administer the arbitration, subject to reapportionment of costs by the arbitrator in accordance with applicable law. The foregoing notwithstanding, a Party may seek and be awarded injunctive or other equitable relief in accordance with applicable law by any court of competent jurisdiction, in addition to any other remedies available at law or in equity.

Governing Law; Arbitration of Disputes. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of Florida, the state where it is deemed to have been executed. Any dispute, claim or controversy which arises from or is related to this Agreement shall be resolved by binding arbitration, before and pursuant to the Commercial Arbitration Rules of the American Arbitration Association or ADR Services, Inc., to be conducted within the County of Surveyor’s business as identified on the first page of this Agreement. This includes any dispute whatsoever or any claim for any act or omission. However, any claim that may be alleged within the jurisdiction of the Small Claims Courts of said County may be brought in such a Court.

Governing Law; Arbitration of Disputes. This Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without reference or regard to principles of conflicts of law). All disputes arising under this Agreement shall be settled by binding arbitration utilizing a retired judge mutually selected by the Parties and conducting under the auspices of JAMS/Endispute (or its successor or any similar service), and shall include the right to conduct discovery pursuant to the rules of Civil Procedure for New York courts. Such arbitration shall be conducted in New York County and any decision and/or award may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any Party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. In the event of any legal action or proceeding arising out of the Terms or subject matter of this Agreement, the prevailing Party in said action or proceeding shall be entitled to recover from the other Party the costs and expenses incurred therein, including reasonable attorneys’ fees and expert witness fees.

Governing Law; Arbitration of Disputes. This Agreement shall be subject to the laws of the State of New York, USA (not including its conflict of laws provisions); and the parties consent to be bound by the provisions of such laws regardless of the forum in which such laws are applied. Notwithstanding the above, any dispute arising out of, or relating to this contract, which the parties have not been able to settle amicably shall be finally settled by arbitration, in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The arbitration shall be conducted by three (3) arbitrators, consisting of one arbitrator chosen by Gilardoni, one arbitrator chosen by Vivid, and one arbitrator chosen by the two arbitrators so chosen, provided that in the case of any dispute involving a claim of less than five hundred thousand United States Dollars (US$500,000) the parties will jointly choose a single arbitrator, or if they are unable to agree on an arbitrator, an arbitrator will be chosen pursuant to the procedures of the International Chamber of Commerce. The arbitrators shall render their judgment within six (6) months of any notice to arbitrate. The place of arbitration shall be London, England. The governing law of the contract shall be the laws of the State of New York. Proceedings shall be conducted in English. Any arbitrator shall not be entitled to award punitive damages. Judgment upon any arbitration award so rendered may be entered in any court having jurisdiction, or application may be made to any such court for confirmation of such award or a judicial acceptance of such award, and for an order of enforcement or other legal remedy, as the case may be.

Governing Law; Arbitration of Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts entered into and to be performed wholly within such State, and without regard to the conflicts of laws principals thereof. Each of the parties hereto agrees that any dispute arising out of or in connection with this Agreement shall be resolved as outlined in this Section 14. Any parties to any such dispute shall first attempt in good faith to resolve such dispute. If, notwithstanding such efforts, such dispute is not resolved within thirty (30) days from the date written notice thereof is delivered by a party hereto, such dispute shall be settled by arbitration by, and in accordance with, the then existing rules of the American Arbitration Association (“AAA”). Hearings with regard to such dispute shall be held at the offices of the AAA in the City and County of New York and judgment upon any award rendered pursuant to this Section 14 may be entered in any court of competent jurisdiction. Any award rendered pursuant to the terms and conditions set forth herein shall be final and binding. Any such arbitration shall be had before a single arbitrator designated in accordance with the rules of the AAA. Any party to the arbitration shall be entitled to costs and expenses and reasonable attorney’s fees in the event it prevails in any claims, actions, awards or judgment under this Agreement.

Governing Law; Arbitration of Disputes. This Release and Covenant Not to Xxx shall be interpreted and enforced according to the laws of the Commonwealth of Kentucky, without regard to any conflict of laws provisions, except to the extent superseded by applicable federal law. Except where the Company or any Releasee elects, in its sole discretion, to enforce any provision of the Letter Agreement or this Release and Covenant Not to Xxx in state or federal court, I agree promptly, and in any event within ninety (90) days, to resolve any dispute arising out of this Release and Covenant Not to Xxx, through binding confidential arbitration conducted in Louisville, Kentucky, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association (the “AAA”); provided, one neutral arbitrator shall be chosen in accordance with AAA rules to arbitrate any such dispute. I irrevocably consent to such jurisdiction for purposes of the arbitration, and judgment may be entered thereon in any state or federal court in the same manner as if I were a resident of the state or federal district in which said judgment is sought to be entered. Each party shall be responsible for its own legal fees, costs and expenses.

Governing Law; Arbitration of Disputes. This Agreement shall in all respects be governed by and be construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Client and DMS expressly waive the right to a jury trial and agree that any and all claims, controversies or disputes arising out of or relating to this Agreement, the Software or any products or services provided in connection with the same (collectively, “Disputes” and each individually a “Dispute”) will be subject first to informal resolution between the parties and, if such informal resolution is unsuccessful, will be settled on a confidential basis by binding arbitration administrated by the American Arbitration Association (“AAA”) pursuant to the commercial arbitration rules of the AAA if not inconsistent with other provisions of this Agreement and California law. Any such disputes shall be heard before a sole neutral arbitrator with at least five (5) years of experience on the legal subject of the dispute(s) at issue (“Arbitrator”). The Arbitrator shall be mutually agreed to by the parties and if the parties cannot agree on a neutral Arbitrator after sixty (60) days, then the Arbitrator may be appointed by the Presiding Judge of the Riverside Superior Court in the State of California upon application by any party. Each party to any such dispute shall pay its own attorneys’ fees and expenses, and each party agrees to pay half of the compensation to be paid by the arbitrator. Except as expressly stated in this paragraph, discovery shall be at the discretion of the Arbitrator, and allowed only upon a showing of good cause utilizing the following guidelines: (a) the Arbitrator shall have discretion to order pre-hearing exchange of information, including, but not limited to, the production of requested documents; and (b) the deposition of the claimant(s) and respondent(s) shall be allowed as a matter of right. One set of no more than twenty-five (25) interrogatories approved by the Arbitrator shall be allowed. There shall be an early and prompt designation and exchange of the names, addresses and brief statement of the qualifications of experts, and a general substance of the testimony of expert witnesses who may be called upon to testify at the arbitration hearing. Depositions of designated experts shall be allowed by the Arbitrator as a matter of right. The Arbitrator has the power to award injunctive relief, but does not have the power to award punitive damages. For the purposes...

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