Governing Law, Venue and Dispute Resolution. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its conflict of law principles. The Executive and the Corporation agree that any controversy or claim arising out of or related to this Agreement that is not resolved by the parties shall be settled by arbitration administered by the American Arbitration Association under its National Rules for the Resolution of Employment Disputes. Said arbitration shall be conducted in Miami Dade County, Florida, pursuant to the laws of the State of Florida. The parties further agree that the arbitrator may resolve issues of contract interpretation as well as law and award damages, if any, to the extent provided by the Agreement or applicable law. The parties agree that the costs of the arbitrator’s services shall be borne by the prevailing party. The parties further agree that the arbitrator’s decision will be final and binding and enforceable in any court of competent jurisdiction.
Governing Law, Venue and Dispute Resolution. 14.8.1 The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.
14.8.2 This Agreement is governed by the laws of the State of California, exclusive of its conflict of laws statute. All disputes arising out of or in connection with this Agreement must be brought in the state or federal courts located in Santa Clara County, California. If Reseller is a Government Entity or public Educational Establishment and is precluded by law from agreeing to any portion of this Clause 14.8.2 as of the date of execution of this Agreement, then Clause 14.8.2 will not apply to the extent not permitted by law and Clause 14.8.3 will apply.
Governing Law, Venue and Dispute Resolution. (a) All questions concerning the construction, validity, enforcement and interpretation of this Agreement will be governed by and construed and enforced in accordance with the internal procedural and substantive laws of the laws of England and Wales, without regard to the principles of conflicts of law thereof.
(b) Any dispute, controversy, or claim arising out of or relating to this Agreement (and any subsequent amendments thereof), or the breach, termination, or validity thereof, and any question of the arbitral tribunal’s jurisdiction or the existence, scope or validity of this arbitration agreement or the arbitrability of any claim (each a “Dispute”), shall be resolved by final and binding arbitration administered by the London Court of International Arbitration (the “LCIA”), in accordance with the Arbitration Rules of United Nations Commission on International Trade Law then in effect (the “UNCITRAL Rules”), except as modified herein, with the LCIA being the appointing authority for purposes of the UNCITRAL Rules.
(c) The seat of arbitration shall be New York, New York, and the arbitration shall be conducted in the English language. The arbitration, and any decisions and awards arising thereunder, will be subject to the Federal Arbitration Act (9 U.S.C. § 1 et seq.).
(d) The arbitral tribunal shall consist of one arbitrator (the “Arbitral Tribunal”) mutually agreed by the parties. If the parties cannot mutually agree upon the selection of the Arbitral Tribunal within thirty (30) days of the notice of arbitration, the arbitrator shall be appointed by the LCIA.
(e) Any arbitration hereunder shall be confidential, and the parties and their Representatives agree not to disclose to any third party the existence or status of the arbitration or any information related thereto, except and to the extent that disclosure is required by applicable Law or is required to protect or pursue a legal right.
(f) In addition to monetary damages, the Arbitral Tribunal shall be empowered to award equitable relief, including an injunction and specific performance of any obligation under this Agreement.
(g) The award of the Arbitral Tribunal shall be final and binding upon the parties thereto, and shall be the sole and exclusive remedy between the parties regarding any dispute, controversy or claims presented to the Arbitral Tribunal. Judgment upon any award may be entered in any court having jurisdiction over any party or any of its assets.
(h) The Arbitral Tribunal shall h...
Governing Law, Venue and Dispute Resolution. To the extent required by law: any dispute arising out of or relatingto the Agreement or the breach thereof will be subject to the Contracts Disputes Act of 1978 (41 U.S.C 7101-7109) and Federal Tort Claims Act (28 U.S.C. 1346(b)), and will be resolved in accordance with the FAR, the Contract Disputes Act, or applicable dispute resolutions process.
Governing Law, Venue and Dispute Resolution. The Sympheos SaaS Solution can be accessed from various countries around the world. As each of these countries has laws that may differ from those of the United States of America, by accessing the Sympheos SaaS Solution Parties agree that the laws of the United States shall apply to all matters arising from or relating to the use and content of the website. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its choice of legal provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern to the fullest extent possible. You agree that these Terms and Conditions shall be fully performable in the State of Illinois. You agree that jurisdiction and venue are proper to the state and federal courts located in the State of Illinois, United States of America, with regard to any proceedings arising from these Terms and Conditions or the relationship between the Parties hereto. The Parties hereby agree that the United Nations Convention on Contracts for the International Sale of Goods does not govern these Terms and Conditionss.
Governing Law, Venue and Dispute Resolution. This Agreement and performance by the parties hereunder shall be construed in accordance with the laws of (i) the State of California, U.S.A. if Recipient’s principal place of business is in the Americas (an “Americas Recipient”), or (ii) England if Recipient’s principal place of business is anywhere other than in the Americas (a “ROW Recipient”), in each case without regard to the (a) conflicts of laws provisions thereof, (b) Uniform Computer Information Transactions Act (which will not apply), or (c) United Nations Convention on Contracts for the International Sale of Goods (which will not apply). For any disputes or causes of action arising hereunder, Xxxxxx and Recipient agree (x) to the exclusive jurisdiction of, and venue in the state and federal courts within the Northern District of California if Recipient is an Americas Recipient, or (y) for such disputes or causes of action to be finally settled by binding arbitration in London, England if Recipient is a ROW Recipient. Any such arbitration between Tintri and a ROW Recipient shall be conducted in English in accordance with the rules of the International Chamber of Commerce by one (1) arbitrator appointed in accordance with such rules. The arbitrator shall allow such discovery as is appropriate to the purposes of arbitration in accomplishing a fair, speedy, and cost-effective resolution of the dispute, and shall be expressly empowered to issue appropriate injunctive relief. The award of arbitration shall be final and binding upon both parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
Governing Law, Venue and Dispute Resolution. The parties agree and acknowledge that, regardless of the location from which this Order is issued, events related to this transaction, such as order fulfillment, logistics, design, manufacturing, quality control, establishing delivery schedules and quantities, shipments, payment, and other events may occur in various locations around the world, including, without limitation, the State of Illinois, United States of America (“Illinois”). The parties further agree and acknowledge that the transaction contemplated by this Order may involve and inure to the benefit of entities in addition to the entity issuing this Order, including, without limitation, Motorola, Inc. and its subsidiaries, divisions, and related entities, or their respective customers or subcontractors. Seller agrees and acknowledges that the party issuing
Governing Law, Venue and Dispute Resolution. The parties agree and acknowledge that, regardless of the location from which this Order is issued, events related to this transaction, such as order fulfillment, logistics, design, manufacturing, quality control, establishing delivery schedules and quantities, shipments, payment, and other events may occur in various locations around the world. The parties further agree and acknowledge that the transaction contemplated by this Order may involve and inure to the benefit of entities in addition to the entity issuing this Order, including, without limitation, Customer and its affiliates, subsidiaries, divisions, and related entities, or their respective customers or subcontractors. Seller agrees and acknowledges that the party issuing this Order might not use, consume, or resell the goods or services purchased hereunder and that any breach of Seller's obligations under this Order will cause harm to the entity issuing this Order and to other entities, including, without limitation, Customer, its affiliates, subsidiaries, divisions, and related entities, and their respective customers or subcontractors, and any entity that Customer expected or intended to use, consume, or resell the goods or services at issue. The parties therefore agree that this transaction and that this Order, all transactions and conduct related to this Order, and all disputes and causes of action between the parties related thereto (in contract, warranty, tort, strict liability, by statute, regulation or otherwise) shall be governed exclusively by and construed in accordance with the laws of New York, without regard to its conflicts of laws provisions. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. Unless otherwise agreed to in a writing signed by both parties, the parties agree that the sole and exclusive venue for any disputes, claims, or causes of action, whether legal or equitable, shall be in the state or federal courts within the geographic bounds of the United States District Court for the Southern District of New York sitting in Manhattan. If any applicable law affords greater rights or protections to Customer than those specified in this Order, Customer shall be entitled to avail itself of any such greater rights or protections. If one or more provisions of this Order is held to be unenforceable under applicable law, the unenforceable portion will not affect any other provision of this Order and thi...
Governing Law, Venue and Dispute Resolution. (a) This Agreement shall be considered as having been entered into in the State of Florida, United States of America, and shall be construed and interpreted in accordance with the laws of the State of Florida. In any action or proceeding arising out of or relating to this Agreement (an “Action”), each of the Parties hereby irrevocably submits to the jurisdiction of any federal or state court sitting in Miami-Dade County, Florida, and further agrees that any Action shall be heard and determined in such Florida federal court or in such state court. Each Party hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of any Action in Miami-Dade County, Florida.
(b) If a dispute arises between the Parties relating to the interpretation or performance of this Agreement or the grounds for the termination thereof, the Parties agree to hold a meeting, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute prior to pursuing other available remedies. If the dispute remains unresolved forty-five (45) days after the first meeting for the purpose of dispute resolution, then each Party shall have the right to pursue other remedies legally available to resolve the dispute.
Governing Law, Venue and Dispute Resolution. 13.4.1. This Agreement shall be considered as having been entered into in the State of Delaware, United States of America, and shall be construed and interpreted in accordance with the laws of the State of Delaware.
13.4.2. If a dispute arises between the Parties relating to the interpretation or performance of this Agreement or the grounds for the termination thereof, the Parties agree to hold a meeting, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute prior to pursuing other available remedies. If the dispute remains unresolved forty-five (45) days after the first meeting for the purpose of dispute resolution, then each Party shall have the right to pursue other remedies legally available to resolve the dispute.
