Governing Law; Jurisdiction and Venue; Attorneys' Fees. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas (without regard to the conflicts or choice of law principles thereof). The parties irrevocably consent to the jurisdiction of the State of Texas, and agree that any court of competent jurisdiction sitting in Xxxxxx County, Texas, shall be an appropriate and convenient place of venue to resolve any dispute with respect to this Agreement. In the event either party commences any proceeding against the other party with respect to this Agreement, the parties agree that the prevailing party (as determined by the authority before whom such proceeding is commenced) shall be entitled to recover reasonable attorneys' fees and costs as may be incurred in connection therewith in addition to any such other relief as may be granted.
Governing Law; Jurisdiction and Venue; Attorneys' Fees. This ------------------------------------------------------ Agreement shall be governed by and construed in accordance with the internal laws of the State of California, without regard to its conflicts of laws principles. The parties hereto hereby consent and agree that the United States District Court for the Central District of California, or the Superior Court of California for the County of Orange, will have exclusive jurisdiction over any legal action or proceeding arising out of or relating to this Agreement or the subject matter hereof, and each party consents to the in personam jurisdiction of such courts for the -- -------- purpose of any such action or proceeding and agrees that venue is proper in such courts. In the event of any dispute, controversy or proceeding between or among the parties concerning this Agreement or the subject matter hereof, the prevailing party shall be entitled to receive from the non-prevailing party its costs and expenses, including reasonable attorneys' fees.
Governing Law; Jurisdiction and Venue; Attorneys' Fees. Any and all claims, disputes or controversies in any way arising out of or relating to (a) this Agreement, (b) any breach, termination or validity of this Agreement, (c) the transactions contemplated hereby or (d) any discussions or communications relating in any way to this Agreement or the transactions contemplated hereby (the “Transaction Matters”), and the existence or validity of any and all defenses to such claims, disputes or controversies, shall be governed and resolved exclusively by the Laws of the State of Delaware, notwithstanding the existence of any conflict of laws principles that otherwise would dictate the application of any other jurisdiction’s Law. Each party irrevocably and unconditionally waives any right to object to the application of the Laws of the State of Delaware or argue against its applicability to any of the matters referenced in the immediately preceding sentence. Each of the parties hereto irrevocably consents to the exclusive jurisdiction of any court located in State of Delaware in connection with any matter based upon or arising out of this Agreement or the matters contemplated hereby and agrees that service of process to such party’s address set forth on the signature to this Agreement (as may be updated from time-to-time by written notice to the other Party in accordance with Section 8.1 (Notices)) will constitute effective service within Delaware and waives and covenants not to assert or plead any objection which it might otherwise have to such jurisdiction and such process. In the event of any litigation between the parties, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs in addition to such other relief as the court may award.
Governing Law; Jurisdiction and Venue; Attorneys' Fees. This Agreement and any disputes arising out of or in connection with the Agreement (“Disputes”) will be governed by and construed in accordance with the laws of England. Except as provided in this Clause with respect to injunctive relief, all Disputes will be finally resolved by binding and final arbitration before a single arbitrator, selected in accordance with the rules of the International Chamber of Commerce (ICC). Any arbitration will be conducted in London, England in the English language. After each party has been afforded a reasonable opportunity to present written and testimonial evidence in support of its position in any such arbitration proceeding, the arbitrator shall issue his/her decision and award, which will (i) be in writing, stating the reasons therefore, (ii) be based solely on the terms and conditions of the Agreement and (iii) except as provided in this Clause regarding injunctive relief, be final and binding upon the parties. The arbitrator shall not award punitive or exemplary damages. The parties, their representatives, and any other participants shall hold the existence, content, and result of arbitration in confidence. The provisions of this Clause 16.3 may be enforced by any court of competent jurisdiction. Notwithstanding the foregoing, either party may, at its sole discretion, seek injunctive relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief). The prevailing party in any legal proceeding brought by one party against the other party in a Dispute will be entitled to recover its legal expenses, including but not limited to the costs of any court or arbitration proceeding and reasonable attorneys’ fees.
Governing Law; Jurisdiction and Venue; Attorneys' Fees. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the United States and the laws of the State of Georgia (without regard to the conflicts or choice of law principles thereof).
Governing Law; Jurisdiction and Venue; Attorneys' Fees. This Agreement and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed by and construed under the laws of the State of Washington without reference to principles of conflicts of laws. The parties hereby consent and agree that the United States District Court for the Western District of Washington will have exclusive jurisdiction over any legal action or proceeding arising out of or relating to this Agreement, and each party consents to the in personam jurisdiction of such courts for the purpose of any such action or proceeding and agrees that venue is proper in such courts. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's and expert witness fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
Governing Law; Jurisdiction and Venue; Attorneys' Fees. This Agreement will be governed by and construed in accordance with the laws of the State of Colorado and applicable United States federal law, without reference to “conflict of laws” provisions or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to any transactions under this Agreement. Jurisdiction and venue of any dispute or legal action brought by either party arising out of or relating to this Agreement (including any services under this Agreement), shall lie exclusively in, or be transferred to, the courts of the City and County of Denver, Colorado and/or the United States District Court for the State of Colorado. The prevailing party in any dispute or legal action shall recover from the other party its reasonable attorney’s fees and costs of suit in addition to any other relief granted.
Governing Law; Jurisdiction and Venue; Attorneys' Fees. This Agreement shall be construed in accordance with the laws of the State of Israel and the parties attorn to the exclusive jurisdiction of the competent courts of Tel Aviv, Israel in respect of all disputes arising hereunder. It is agreed that the parties performance of the transactions considered herein shall be subject to the provisions of the Encouragement of Industrial Research and Development Law 1984 of the State of Israel and the applicable directives, rules and regulations of the OCS, to which Ocure is bound. In the event either Party commences any proceeding against the other Party with respect to this Agreement, the prevailing Party (as determined by the authority before whom such proceeding is commenced) shall be entitled to recover reasonable attorneys' fees and costs as may be incurred in connection therewith in addition to any such other relief as may be granted.
Governing Law; Jurisdiction and Venue; Attorneys' Fees. This Agreement and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed by and construed under the laws of the State of Washington without reference to principles of conflicts of laws. The parties hereby consent and agree that the United States District Court for the Western District of Washington will have exclusive jurisdiction over any
Governing Law; Jurisdiction and Venue; Attorneys' Fees. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Colorado. Jurisdiction and venue for any civil action shall lie exclusively in the District Court for Douglas County. Prior to either Party commencing a civil action, the Parties shall participate in non-binding mediation through the American Arbitration Association in Denver, Colorado. If the Parties are unable to resolve their dispute within forty-five (45) days of a Party notifying the other Party in writing of its request for mediation, either Party may commence a civil action. In any civil action arising from or relating to this Agreement, the Services, and/or Additional Services, the prevailing Party shall be awarded its reasonable attorneys’ fees, costs and expenses, including its reasonable attorneys’ fees, costs and expenses incurred in collecting or executing upon any judgment, order or award.
