Common use of Governing Law; Jurisdiction; Dispute Resolution Clause in Contracts

Governing Law; Jurisdiction; Dispute Resolution. (a) The validity, performance, interpretation and construction of this Contract and/or the rights and obligations of the parties arising under or in connection with this Contract shall be governed and construed in accordance with the laws of the province of Ontario and those of Canada applicable therein, excluding its choice of law rules and excluding the Convention for the International Sale of Goods. (b) All disputes arising from or relating to this Contract, with the sole exception of disputes regarding the creation or ownership of any and all intellectual property, shall be irrevocably submitted to arbitration, to be conducted in Toronto, Ontario, Canada, in accordance with the Ontario Arbitration Act, 1991. In the event of any litigation, the Seller expressly agrees and consents to exclusive venue and jurisdiction in the courts of Toronto, Ontario, Canada, unless Xxxxx otherwise agrees in writing. Seller hereby waives any defence of inconvenient forum in connection with the maintenance of any such action or proceeding. Seller further agrees not to bring any action or proceeding in any other court or jurisdiction and expressly waives any subsequent objection to the judicial recognition or enforcement of any award granted hereunder. The language to be used in any proceedings shall be English. (c) The procedures set forth in this article shall be the sole and exclusive procedures for the resolution of dispute(s) between the parties, arising under or in connection with this Contract; provided, however, that a party may seek an injunction equitable judicial relief if, in its sole judgment, such action is necessary. Despite such action, the parties shall continue to participate in good faith in the procedures specified in this article. Each party is required to continue to perform its obligations under this Contract pending resolution of any dispute(s), unless to do so would be impossible under the circumstances.

Appears in 2 contracts

Samples: Defense Contract, Defense Contract

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Governing Law; Jurisdiction; Dispute Resolution. (a) The validity, performance, interpretation and construction of this Contract and/or the rights and obligations of the parties Parties arising under or in connection with this Contract shall be governed and construed in accordance with the laws of the province of Ontario and those of Canada applicable therein, excluding its choice of law rules and excluding the Convention for the International Sale of Goods. (b) . All disputes arising from or relating to this Contract, with the sole exception of disputes regarding the creation or ownership of any and all intellectual property, shall be irrevocably submitted to arbitration, to be conducted in Toronto, Ontario, Canada, in accordance with the Ontario Arbitration Act, 1991. In the event of any litigation, the Seller expressly agrees and consents to exclusive venue and jurisdiction in the courts of Toronto, Ontario, Canada, unless Xxxxx otherwise agrees in writing. Seller hereby waives any defence of inconvenient forum in connection with the maintenance of any such action or proceeding. Seller further agrees not to bring any action or proceeding in any other court or jurisdiction and expressly waives any subsequent objection to the judicial recognition or enforcement of any award granted hereunder. The language to be used in any proceedings shall be English. (c) . The procedures set forth in this article shall be the sole and exclusive procedures for the resolution of dispute(s) between the partiesParties, arising under or in connection with this Contract; provided, however, that a party Party may seek an injunction equitable judicial relief if, in its sole judgment, such action is necessary. Despite such action, the parties Parties shall continue to participate in good faith in the procedures specified in this article. Each party Party is required to continue to perform its obligations under this Contract pending resolution of any dispute(s), unless to do so would be impossible under the circumstances.

Appears in 1 contract

Samples: Defense Contract

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Governing Law; Jurisdiction; Dispute Resolution. (a) The validity, performance, interpretation and construction of this Contract and/or the rights and obligations of the parties Parties arising under or in connection with this Contract shall be governed and construed in accordance with the laws of the province of Ontario and those of Canada applicable therein, excluding its choice of law rules and excluding the Convention for the International Sale of Goods. (b) . All disputes arising from or relating to this Contract, with the sole exception of disputes regarding the creation or ownership of any and all intellectual property, shall be irrevocably submitted to arbitration, to be conducted in Toronto, Ontario, Canada, in accordance with the Ontario Arbitration Act, 1991. In the event of any litigation, the Seller expressly agrees and consents to exclusive venue and jurisdiction in the courts of Toronto, Ontario, Canada, unless Xxxxx otherwise agrees in writing. Seller hereby waives any defence of inconvenient forum in connection with the maintenance of any such action or proceeding. Seller further agrees not to bring any action or proceeding in any other court or jurisdiction and expressly waives any subsequent objection to the judicial recognition or enforcement of any award granted hereunder. The language to be used in any proceedings shall be English. (c) . The procedures set forth in this article shall be the sole and exclusive procedures for the resolution of dispute(s) between the partiesParties, arising under or in connection with this Contract; provided, however, that a party Party may seek an injunction and/or equitable judicial relief if, in its sole judgment, such action is necessary. Despite such action, the parties Parties shall continue to participate in good faith in the procedures specified in this article. Each party Party is required to continue to perform its obligations under this Contract pending resolution of any dispute(s), unless to do so would be impossible under the circumstances.

Appears in 1 contract

Samples: Defense Contract

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