Governing Law; Venue; Dispute Resolution. The parties agree that this Management Company Acknowledgment shall be subject to the governing law and, for the purpose of resolving any dispute under Section 13 of this Management Company Acknowledgment, the venue provisions set forth in Section 22.1 of the License Agreement.
Governing Law; Venue; Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflicts of laws. In the event of any dispute between the parties related to this Agreement, if the parties are unable to resolve the dispute after holding good faith and confidential discussions, then the dispute shall be submitted to, and determined exclusively by, binding arbitration conducted in Riverside County, California, pursuant to the rules and procedures of Judicial Arbitration and Mediation Services (JAMS). The parties agree that the arbitration proceedings, communications and any resulting decisions/awards shall be treated as confidential unless otherwise required by applicable Laws. Notwithstanding the foregoing, each party shall be entitled to seek immediate injunctive relief to protect its Confidential Information.
Governing Law; Venue; Dispute Resolution. The terms and provisions of this Agreement shall be governed by the laws of the State of California, without regard to any conflict of law provisions.
Governing Law; Venue; Dispute Resolution. This User Agreement is deemed to be made and entered into in the State of South Carolina and shall be governed by the laws of the State of South Carolina, without regard to its conflicts of laws principles. Any action shall be brought and maintained exclusively in the state or federal courts in the State of South Carolina, and Customer hereby consents to the exclusive jurisdiction of such courts. Customer, after consulting or having had the opportunity to consult with counsel, knowingly, voluntarily, and intentionally waives any right Customer may have to a trial by jury in any litigation based upon or arising out of this User Agreement (and any other related agreement or instrument), the Services, the website, or any course of conduct, dealing, statements (whether oral or written), or actions of either Company or Customer, including their respective employees, officers, agents, successors, and assigns. Customer shall not seek to consolidate, by counterclaim or otherwise, any action in which a jury trial has been waived with any other action which a jury trial cannot be or has not been waived. These provisions shall not be deemed to have been modified in any respect or relinquished except by a written instrument executed by Company. Customer agrees that due to the nature of Company’s business, monetary damages are inadequate to protect Company from any threatened or actual breach of this User Agreement, any breach will cause irreparable harm to Company, and Company shall be entitled to injunctive relief to restrain any breach or threatened breach, without having to prove the inadequacy of monetary damages or irreparable harm independently. In the event of any breach of this User Agreement by Customer, in addition to such other sums as may be awarded to Company, Company shall be entitled to recover its reasonable attorney’s fees and expenses, whether incurred prior to or after filing of suit. The naming of a specific remedy shall not preclude the pursuit of any other remedy that may be available at law or in equity.
Governing Law; Venue; Dispute Resolution. Except as expressly provided otherwise in this Agreement, the validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Except for actions for injunctive or other equitable relief, which may be brought in any court of competent jurisdiction, any legal suit, action or proceeding arising out of or relating to this Agreement shall be commenced in a federal court in the Commonwealth of Massachusetts or in state court in the Commonwealth of Massachusetts, and each party hereto irrevocably submits to the exclusive jurisdiction and venue of any such court in any such suit, action or proceeding. EACH PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THEREBY OR THE ACTIONS OF SUCH PARTY IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT HEREOF. The parties agree that in any court action at law or equity that is brought by one of the parties to this Agreement to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable and documented attorneys’ fees, in addition to any other relief to which that party may be entitled. If a claim, dispute or any other matter, other than a breach under the Proprietary Information Agreement, involving a difference between the parties arises in connection with this Agreement or in relation to the parties’ performance or failure to perform their obligations hereunder (a “Disputed Matter”), the parties agree that they shall, prior to taking any legal action to enforce the parties’ rights, meet to discuss the circumstances giving rise to the Disputed Matter and shall attempt in good faith to resolve the Disputed Matter without resorting to formal adjudication and enforcement mechanisms. A party desiring such a meeting shall give the other written notice of its request for a meeting, which notice shall include a description of the Disputed Matter and shall propose a place, date and time for the meeting. The party receiving that notice shall respond to it in writing, within seven (7) days of its receipt of such notice, confirming the place, date and time of the proposed meeting or proposing other arrangements for that meeting. The meeting will be held within ten (10) business days after the date on which the first notic...
Governing Law; Venue; Dispute Resolution. 18.1 THIS AGREEMENT SHALL BE INTERPRETED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY WITHOUT REGARD TO ITS CONFLICTS OF LAW PROVISIONS, but the scope and validity of any patent or patent application shall be governed by the applicable laws of the country that issued such patent or in which such patent application was filed.
Governing Law; Venue; Dispute Resolution. The terms and provisions of this Agreement shall be governed by the laws of the State of California, without regard to any conflict of law provisions. The venue for any dispute under this Agreement is Palo Alto, California.
Governing Law; Venue; Dispute Resolution. This Agreement has been delivered in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida. Any action based upon or arising out of this Agreement shall lie exclusively in the federal or state courts located in New York County, New York. Employee does not agree to waive any right to have any issue resolved by a jury and cede to the Court all matters of law and fact for resolution. This Agreement shall not be construed to waive any right of removal that may apply to any action filed in any court by either Party.
Governing Law; Venue; Dispute Resolution. This Agreement is made in accordance with and shall be governed by and construed under the laws of the State of California, without regard to its conflicts of law principles. If a dispute arises from or relates to this Agreement, or the breach thereof, or in respect of any legal relationship associated with or derived from this Agreement, including matters of intellectual property, and if the dispute cannot be settled through good faith negotiations between the Parties within [***] days, the Parties agree to endeavor first to settle the dispute by mediation administered by JAMS. A request for mediation under this Agreement shall be transmitted by the requesting Party in writing after the expiration of the [***] day negotiation period, under the notice provisions of this Agreement. Mediation under this Agreement shall be completed within [***] days after transmittal of a request for mediation, or as soon as reasonably practicable thereafter. Any and all disputes arising out of or in connection with this Agreement, or the breach thereof, or in respect of any legal relationship associated with or derived from this Agreement, including matters of intellectual property, which are not resolved through mediation within the allotted time period, shall be arbitrated and finally resolved by and in accordance with the JAMS Comprehensive Arbitration Rules & Procedures (“JAMS Rules”), modified as follows:
Governing Law; Venue; Dispute Resolution. This Agreement shall be governed by the laws of the State of California and of the United States of America without reference to principles of conflicts of laws thereof and without regard to the UN Convention on the International Sale of Goods. For the purpose of any suit, action, proceeding, or judgment relating to or arising out of this Agreement and the transactions contemplated herein, each of the parties hereby agree to jurisdiction and venue in the Superior Court of Santa Xxxxx County, California, or the District Court for the Northern District of California, as the case may be. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and reasonable attorneys' fees.
