Governing Law Disputes Arbitration. (a) Governing Law
(b) Reimbursement of Expenses in Enforcing Rights
(c) Arbitration
(d) Interest on Unpaid Amounts
Governing Law Disputes Arbitration. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Should I find myself in a disagreement with the WEGC’s policies, rules or regulations and I am unable to resolve such issues in accordance with the By-laws of the WEGC, I agree that I shall bring no cause of action against the WEGC or any of the aforementioned Released Parties, and further agree to binding arbitration of those disputes. Should any party hereto institute any action or proceeding against the other party at law or in equity, or in connection with an arbitration in connection with this Agreement, the prevailing party from such action shall be entitled to recover from the losing party or parties all attorneys’ fees and costs for service rendered to the prevailing party in such action or proceeding.
Governing Law Disputes Arbitration. This Agreement shall be governed by the laws of the Maryland, without giving effect to any conflict or choice of law provision that would result in the application of another state’s law. Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively in the matter set forth in Section 17 of the Employment Agreement as if such section were set forth herein and reformed accordingly to the appropriate references.
Governing Law Disputes Arbitration. 15.1 Governing Law; Venue and Jurisdiction; Waiver of Jury Trial. The User Agreements shall be governed by, and construed in accordance with, the laws of California, without regard to its conflict of law provisions. If a lawsuit or court proceeding is permitted under a User Agreement, then you and SMBX agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any dispute. EACH OF YOU AND SMBX HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH ANY USER AGREEMENT. FURTHER, EACH OF YOU AND SMBX HEREBY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF THE OTHER HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF YOU AND SMBX
Governing Law Disputes Arbitration. (a) This Agreement is governed by and is to be construed, administered and enforced in accordance with the laws of the State of Delaware, without regard to the conflict of laws principles thereof. If under such law, any portion of this Agreement is at any time deemed to be in conflict with any applicable statute, rule, regulation, ordinance or principle of law, such portion shall be deemed to be modified or altered to the extent necessary to conform thereto or, if that is not possible, to be omitted from this Agreement; and the invalidity of any such portion shall not affect the force, effect and validity of the remaining portion hereof.
(b) All reasonable costs and expenses (including fees and disbursements of counsel) incurred by Employee in seeking to enforce rights pursuant to this Agreement shall be paid or reimbursed to Employee promptly by Employer, whether or not Employee is successful in asserting such rights, except that Employee shall repay to Employer any such amounts to the extent that an arbitrator or court issues a final, unappealable order setting forth a determination that Employee's claim was frivolous or advanced by Employee in bad faith; provided, however, that with respect to any Change in Control, the Board of Directors of Employer may determine that the repayment by Employee contemplated by the immediately preceding clause of this paragraph shall not apply to any claims arising out of such Change in Control, which determination shall thereafter be irrevocable with respect to such claims.
(c) Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Atlanta, Georgia by three arbitrators in accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect at the time of submission to arbitration. Judgment may be entered on the arbitrators' award in any court having jurisdiction. For purposes of settling any dispute or controversy arising hereunder or for the purpose of entering any judgment upon an award rendered by the arbitrators, Employer and Employee hereby consent to the jurisdiction of any or all of the following courts: (i) the United States District Court for the Northern District of Georgia, (ii) any of the courts of the State of Georgia, or (iii) any other court having jurisdiction. Employer and Employee further agree that any service of process or notice requirements in any such proceeding shall be satisfied if the rules of su...
Governing Law Disputes Arbitration. 19 13. Miscellaneous...........................................................................................20 14. Indemnification.........................................................................................23 15.
Governing Law Disputes Arbitration. (a) The internal laws of the State of California (irrespective of its choice of law principles) will govern the validity of this Agreement, the construction of its terms, and the interpretation and enforcement of the rights and duties of the parties hereto. Any dispute arising hereunder ("DISPUTE") shall be settled by means of binding arbitration. The arbitration shall take place in Santa Clara, California and shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association then in effect. The arbitrator shall have the authority to grant any equitable and legal remedies that would be available in any judicial proceeding instituted to resolve a Dispute. The parties shall use their best efforts to select an arbitrator within 30 days.
(b) There shall be three (3) arbitrators, one (1) to be chosen directly by each party at will, and the third arbitrator to be selected by the two (2) arbitrators so chosen. Each party shall pay the fees of the arbitrator it selects and of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. Other costs of the arbitration, including the cost of any record or transcripts of the arbitration, administrative fees, the fee of the third arbitrator, and all other fees and costs, shall be borne equally by the parties. For any Dispute submitted to arbitration, the burden of proof will be as it would be if the claim were litigated in a judicial proceeding.
(c) Upon the conclusion of any arbitration proceedings hereunder, the arbitrators will render findings of fact and conclusions of law and a written opinion setting forth the basis and reasons for any decision reached and will deliver such documents to each party to this Agreement along with a signed copy of the award.
(d) Any arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.
(e) Except as specifically otherwise provided in this Agreement, arbitration will be the sole and exclusive remedy of the parties for any 26 Dispute arising out of this Agreement or the Escrow Agreement, except as otherwise permitted in the Escrow Agreement.
Governing Law Disputes Arbitration. Section 12 of the Employment Agreement (other than the first sentence of Section 12(b) thereof) is hereby incorporated by reference herein, mutatis mutandis.
Governing Law Disputes Arbitration. 21
(a) Governing Law 21 (b) Reimbursement of Expenses in Enforcing Rights 22 (c) Arbitration 22
(d) Interest on Unpaid Amounts 22
Governing Law Disputes Arbitration
