Governing Law; Language. 13.1 This Agreement shall be construed and interpreted in accordance with the laws of the United States of America and the State of California, excluding their choice of law rules. 13.2 The Parties shall use their best efforts to settle amicably through negotiations any question, dispute, controversy, difference or claim arising out of or relating to this Agreement or the breach, termination or validity thereof (“Dispute”). 13.3 If the Dispute is not settled amicably through negotiations, such Party may give a notice of such Dispute ("Notice of Dispute") to the other Party specifically referring to this Section and giving brief particulars of the Dispute. 13.4 If such Dispute is not settled through further negotiations within [thirty (30)] days of the date of service of such Notice of Dispute, it shall be referred to and finally resolved by the Singapore International Arbitration Centre (“SIAC”) in accordance with its practice rules and regulations. Where the Dispute is referred to SIAC, the arbitration shall be conducted in English and presided over by three (3) arbitrators, one each to be appointed by each Party hereto and a third to be appointed with the mutual agreement of both Parties, failing which the third arbitrator shall be appointed by the Chairman of SIAC. 13.5 During and without prejudice to the arbitration process, this Agreement shall continue to be performed. 13.6 Any award or decision of any arbitration under this Section shall be binding and enforceable against the Parties contemplated by the said award or decision and costs shall be borne equally unless SIAC determines otherwise at its discretion. 13.7 The language of this Agreement and all related documentation shall be the American usage of the English language and the Parties hereby agree that the English language version of this Agreement shall control for all purposes and shall be valid and enforceable notwithstanding any translation into a language other than English.
Appears in 2 contracts
Samples: Supplier Agreement (Global Food Technologies, Inc.), Supplier Agreement (Global Food Technologies, Inc.)
Governing Law; Language. 13.1 (a) This Agreement shall be construed and interpreted in accordance with the laws of the United States of America and the State of California, excluding their choice of law rules.
13.2 (b) The Parties shall use their best efforts to settle amicably through negotiations any question, dispute, controversy, difference or claim arising out of or relating to this Agreement or the breach, termination or validity thereof (“Dispute”).
13.3 (c) If the Dispute is not settled amicably through negotiations, such Party may give a notice of such Dispute ("Notice of Dispute") to the other Party specifically referring to this Section and giving brief particulars of the Dispute.
13.4 (d) If such Dispute is not settled through further negotiations within [thirty (30)] ) days of the date of service of such Notice of Dispute, it shall be referred to and finally resolved by the Singapore International Arbitration Centre (“SIAC”) in accordance with its practice rules and regulationsregulations then in force. Where the Dispute is referred to SIAC, the arbitration shall be conducted in English and presided over by three (3) arbitrators, one each to be appointed by each Party hereto and a third to be appointed with the mutual agreement of both Parties, failing which the third arbitrator shall be appointed by the Chairman of SIAC.
13.5 (e) During and without prejudice to the arbitration process, this Agreement shall continue to be performed.
13.6 (f) Any award or decision of any arbitration under this Section shall be binding and enforceable against the Parties contemplated by the said award or decision decision, and costs shall be borne equally unless SIAC determines otherwise at its discretion.
13.7 (g) The language of this Agreement and all related documentation shall be the American usage of the English language and the Parties parties hereby agree that the English language version of this Agreement shall control for all purposes and shall be valid and enforceable notwithstanding any translation into a language other than English.
Appears in 2 contracts
Samples: Food Safety & Quality Assurance Services Agreement (Global Food Technologies, Inc.), Food Safety & Quality Assurance Services Agreement (Global Food Technologies, Inc.)
