Common use of Governing Law; Waiver of Jury Trial; Jurisdiction Clause in Contracts

Governing Law; Waiver of Jury Trial; Jurisdiction. (a) The laws of the State of Delaware shall govern (a) all proceedings, claims or matters related to or arising from this Agreement (including any tort or non-contractual claims) and (b) any questions concerning the construction, interpretation, validity and enforceability of this Agreement, and the performance of the obligations imposed by this Agreement, in each case without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware. (b) Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including, without limitation, any dispute regarding the validity or termination of this Agreement, or the performance or breach hereof, shall be finally settled by arbitration administered by the American Arbitration Association (“AAA”), in accordance with its Commercial Arbitration Rules in effect at the time of the arbitration. The place of arbitration shall be Fort Worth, Texas and the proceedings shall be conducted in the English language. The arbitration shall be conducted by three arbitrators. Each arbitrator shall be a person with significant experience in the financial services industry or representing persons in the financial services industry. Each of the parties to such arbitration shall nominate one arbitrator within 15 days after delivery of a request for arbitration in writing by any of the parties. In the event that any of the parties to the arbitration fail to nominate an arbitrator as and within such time period provided in the preceding sentence, upon request of either of such parties, such arbitrator shall instead be appointed by the AAA within 15 days of receiving such request. The two arbitrators appointed in accordance with the above provisions shall nominate the third arbitrator within 15 days of their appointment. If the first two appointed arbitrators fail to nominate a third arbitrator, then, upon request of the parties to the arbitration, the third arbitrator shall be appointed by the AAA within 30 days of receiving such request. The third arbitrator shall serve as Chairman of the arbitral tribunal. The arbitrators shall endeavor to render a final award within 90 days of submission of a request for arbitration. Failure to adhere to this time limit shall not be a basis for challenging the award. The award rendered by the arbitrators shall be final and binding on the parties thereto and judgment on such award may be entered in any court of competent jurisdiction. All costs and expenses incurred by the parties in connection with any arbitration hereunder shall be borne by the party against whom the arbitrators’ award is rendered, and such party shall promptly reimburse the party in whose favor the arbitrators’ award is rendered for any of such costs and expenses incurred by such party. (c) By agreeing to arbitration, the parties do not intend to deprive any court with jurisdiction of its ability to issue a preliminary injunction, attachment or other form of provisional remedy in aid of the arbitration, and a request for such provisional remedies by a party to a court shall not be deemed a waiver of this agreement to arbitrate. In addition to the authority conferred upon the arbitrators by the rules specified above, the arbitrators shall also have the authority to grant provisional remedies, including injunctive relief. (d) Except as may be required by applicable law or court order, the parties agree to maintain confidentiality as to all aspects of any arbitration arising out of, relating to or in connection with this Agreement, including any such arbitration’s existence and results, except that nothing herein shall prevent a party from disclosing information regarding such arbitration for purposes of enforcing the award or this arbitration clause, or in any court proceeding requesting the issuance of provisional remedies. The parties further agree to obtain the arbitrators’ agreement to preserve the confidentiality of the arbitration. (e) Without limiting the foregoing, each party agrees that service of process on such party as provided in Section 3.3 shall be deemed effective service of process on such party.

Governing Law; Waiver of Jury Trial; Jurisdiction. (a) The This Investor Rights Agreement shall be governed by and construed in accordance with the laws of the State of Delaware shall govern (a) all proceedings, claims or matters related without reference to or arising from this Agreement (including any tort or non-contractual claims) and (b) any questions concerning the construction, interpretation, validity and enforceability of this Agreement, and the performance of the obligations imposed by this Agreement, in each case without giving effect to any its choice of law or conflict of law rules or provisions (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delawarerules). (b) Any dispute, controversy controversy, difference, or claim based on, arising out of, of or relating to or in connection with this Investor Rights Agreement, includingincluding its existence, without limitationvalidity, interpretation, performance, breach, or termination, or any dispute regarding the validity non-contractual obligations arising out of or termination of relating to this AgreementInvestor Rights Agreement (each, or the performance or breach hereof, a “Proceeding”) shall be referred to and finally settled resolved by arbitration administered by in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect (the “Rules”), in accordance with its Commercial Arbitration Rules in effect at except as modified herein, and such arbitration shall be administered by the time AAA. The parties agree, pursuant to Rule R-1(b) of the arbitrationAAA Rules, that the Expedited Procedures shall apply irrespective of the amount in dispute. The place of arbitration shall be Fort WorthNew York, Texas and the proceedings New York. There shall be conducted in the English language. The arbitration one arbitrator who shall be conducted agreed upon by three arbitrators. Each arbitrator shall be the parties within twenty (20) days of receipt by respondent of a person with significant experience in the financial services industry or representing persons in the financial services industry. Each copy of the parties to such arbitration shall nominate one demand for arbitration. If any arbitrator is not appointed within 15 days after delivery of a request for arbitration in writing by any of the parties. In the event that any of the parties to the arbitration fail to nominate an arbitrator as and within such time period limit provided in the preceding sentence, upon request of either of such partiesherein, such arbitrator shall instead be appointed by the AAA within 15 days of receiving such request. The two arbitrators appointed in accordance with the above provisions shall nominate the third arbitrator within 15 days of their appointment. If the first two appointed arbitrators fail to nominate a third arbitrator, then, upon request of the parties to the arbitration, the third arbitrator shall be appointed by the AAA within 30 days in accordance with the listing, striking and ranking procedure in the Rules, with each party being given a limited number of receiving such requeststrikes, except for cause. The third Any arbitrator appointed by AAA shall be a retired U.S. judge or a practicing U.S. attorney with no less than fifteen years of experience with corporate and limited partnership matters and an experienced arbitrator. In rendering an award, the arbitrator shall serve as Chairman be required to follow the laws of the arbitral tribunal. The arbitrators shall endeavor to render a final award within 90 days state of submission of a request for arbitration. Failure to adhere to this time limit shall not be a basis for challenging the awardDelaware. The award rendered by shall be in writing and shall briefly state the arbitrators findings of fact and conclusions of law on which it is based. The award shall be final and binding on upon the parties thereto and judgment on such shall be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues or accounting presented to the arbitrator. Judgment upon the award may be entered in any court having jurisdiction over any party or any of competent jurisdictionits assets, including but not limited to the courts of Hong Kong and the Cayman Islands. Any costs or fees (including attorneys’ fees and expenses) incident to enforcing the award shall be charged against the party resisting such enforcement. All costs disputes, controversies, differences, or claims arising out of or relating to this Investor Rights Agreement, including its existence, validity, interpretation, performance, breach, or termination, or any dispute regarding non-contractual obligations arising out of or relating to this Investor Rights Agreement, shall be resolved in a confidential manner. The arbitrator shall agree to hold any information received during the arbitration in the strictest of confidence and expenses incurred shall not disclose to any non-party the existence, contents or results of the arbitration or any other information about such arbitration. The parties to the arbitration shall not disclose any information about the evidence adduced or the documents produced by the other party in the arbitration proceedings or about the existence, contents or results of the proceeding except as may be required by law, regulatory or governmental authority or as may be necessary in an action in aid of arbitration or for enforcement of an arbitral award. Before making any disclosure permitted by the preceding sentence (other than private disclosure to financial regulatory authorities), the party intending to make such disclosure shall use reasonable efforts to give the other party reasonable written notice of the intended disclosure and afford the other party a reasonable opportunity to protect its interests. The arbitrator shall determine what discovery will be permitted, consistent with the goal of reasonably controlling the cost and time that the parties must expend for discovery; provided that the parties expressly agree that discovery, in the event the arbitrator permits discovery and notwithstanding the Rules, in connection with any arbitration hereunder shall be borne limited to the following: (i) depositions shall be limited to three (3) depositions per side, each of which shall be limited to seven (7) hours of testimony taken by each side; (ii) written discovery shall be limited to one set of Requests for Production per party, limited to no more than fifteen (15) requests, including subparts; (iii) no interrogatories, requests for admission, or other written discovery shall be permitted; and (iv) the party against whom Parties shall disclose documents that they will present in support of their case. Notwithstanding the arbitrators’ award is rendered, and such party shall promptly reimburse the party in whose favor the arbitrators’ award is rendered for any of such costs and expenses incurred by such party. (c) By agreeing to arbitrationforegoing, the parties do not intend arbitrators may grant, upon good cause shown, either party’s request for discovery in addition to deprive any court with jurisdiction or limiting that for which this paragraph expressly provides. For the avoidance of its ability to issue a preliminary injunctiondoubt, attachment or other form of provisional remedy in aid of the arbitration, and a request for such provisional remedies by a party to a court of competent jurisdiction for interim measures necessary to preserve such party’s rights, including pre-arbitration attachments, injunctions, or other equitable relief, shall not be deemed incompatible with, or a waiver of this of, the agreement to arbitrate. In addition to the authority conferred upon the arbitrators by the rules specified above, the arbitrators shall also have the authority to grant provisional remedies, including injunctive reliefarbitrate in this Section 5.7(b). (d) Except as may be required by applicable law or court order, the parties agree to maintain confidentiality as to all aspects of any arbitration arising out of, relating to or in connection with this Agreement, including any such arbitration’s existence and results, except that nothing herein shall prevent a party from disclosing information regarding such arbitration for purposes of enforcing the award or this arbitration clause, or in any court proceeding requesting the issuance of provisional remedies. The parties further agree to obtain the arbitrators’ agreement to preserve the confidentiality of the arbitration. (e) Without limiting the foregoing, each party agrees that service of process on such party as provided in Section 3.3 shall be deemed effective service of process on such party.

Governing Law; Waiver of Jury Trial; Jurisdiction. (a) The This Investor Rights Agreement shall be governed by and construed in accordance with the laws of the State of Delaware shall govern (a) all proceedings, claims or matters related without reference to or arising from this Agreement (including any tort or non-contractual claims) and (b) any questions concerning the construction, interpretation, validity and enforceability of this Agreement, and the performance of the obligations imposed by this Agreement, in each case without giving effect to any its choice of law or conflict of law rules or provisions (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delawarerules). (b) Any dispute, controversy controversy, or claim based on, arising out of, of or relating to or in connection with this Investor Rights Agreement, includingincluding its existence, without limitationvalidity, interpretation, performance, breach, or termination, or any dispute regarding the validity non-contractual obligations arising out of or termination of relating to this AgreementInvestor Rights Agreement (each, or the performance or breach hereof, a “Proceeding”) shall be referred to and finally settled resolved by confidential binding arbitration administered by in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), in accordance with its Commercial Arbitration Rules ) then in effect at (the time “Rules”). The parties agree, that the expedited procedures of the arbitrationAAA shall apply to any dispute. The place of arbitration shall be Fort WorthNew York, Texas and the proceedings New York. There shall be conducted in the English language. The arbitration one neutral arbitrator who shall be conducted mutually agreed upon by three arbitrators. Each arbitrator shall be the parties within twenty (20) days of receipt by respondent of a person with significant experience in the financial services industry or representing persons in the financial services industry. Each copy of the parties to such arbitration shall nominate one demand for arbitration. If any arbitrator is not appointed within 15 days after delivery of a request for arbitration in writing by any of the parties. In the event that any of the parties to the arbitration fail to nominate an arbitrator as and within such time period limit provided in the preceding sentence, upon request of either of such partiesherein, such arbitrator shall instead be appointed by the AAA within 15 days of receiving such request. The two arbitrators appointed in accordance with the above provisions shall nominate the third arbitrator within 15 days of their appointment. If the first two appointed arbitrators fail to nominate a third arbitrator, then, upon request of the parties to the arbitration, the third arbitrator shall be appointed by the AAA within 30 days in accordance with the listing, striking and ranking procedure in the Rules, with each party being given a limited number of receiving such requeststrikes, except for cause. The third Any arbitrator appointed by AAA shall be a retired judge with no less than fifteen years of experience with corporate and limited partnership matters and an experienced arbitrator. In rendering an award, the arbitrator shall serve as Chairman be required to follow the laws of the arbitral tribunal. The arbitrators shall endeavor to render a final award within 90 days state of submission of a request for arbitration. Failure to adhere to this time limit shall not be a basis for challenging the awardDelaware. The award rendered by shall be in writing and must state the arbitrators findings of fact and conclusions of law on which it is based. The award shall be final and binding on upon the parties thereto and judgment on such shall be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues or accounting presented to the arbitrator. Judgment upon the award may be entered in any court of competent jurisdictionjurisdiction worldwide. All Any reasonably costs or fees (including attorneys’ fees and expenses incurred by expenses) incident to obtaining and enforcing the parties in connection with any arbitration hereunder award shall be borne by charged against the party against whom the arbitrators’ award is rendered, and such party shall promptly reimburse the non-prevailing party in whose favor the arbitrators’ award is rendered for arbitration. The arbitrator shall agree to (i) hold any information received during the arbitration in the strictest of confidence and (ii) not disclose to any non-party the existence, contents or results of the arbitration or any other information about such costs and expenses incurred by such party. arbitration. The content of the arbitration (cincluding any information about the evidence adduced or the documents produced in the arbitration proceedings, or about the existence, contents or results of the proceeding) By agreeing to arbitrationshall be considered Confidential Information, the parties do not intend to deprive any court with jurisdiction of its ability to issue a preliminary injunction, attachment or other form of provisional remedy except as may be required in aid of arbitration or for enforcement of an arbitral award. The arbitrator shall determine what discovery will be permitted, consistent with the arbitrationgoal of reasonably controlling the cost and time of the process. For the avoidance of doubt, and a request for such provisional remedies by a party to a court of competent jurisdiction for interim measures solely as necessary to preserve such party’s rights pending arbitration or to compel or enforce arbitration, or other equitable relief, shall not be deemed incompatible with, or a waiver of this of, the agreement to arbitrate. In addition to the authority conferred upon the arbitrators by the rules specified above, the arbitrators shall also have the authority to grant provisional remedies, including injunctive reliefarbitrate in this Section 5.7(b). (d) Except as may be required by applicable law or court order, the parties agree to maintain confidentiality as to all aspects of any arbitration arising out of, relating to or in connection with this Agreement, including any such arbitration’s existence and results, except that nothing herein shall prevent a party from disclosing information regarding such arbitration for purposes of enforcing the award or this arbitration clause, or in any court proceeding requesting the issuance of provisional remedies. The parties further agree to obtain the arbitrators’ agreement to preserve the confidentiality of the arbitration. (e) Without limiting the foregoing, each party agrees that service of process on such party as provided in Section 3.3 shall be deemed effective service of process on such party.

Governing Law; Waiver of Jury Trial; Jurisdiction. (a) The This Investor Rights Agreement shall be governed by and construed in accordance with the laws of the State of Delaware shall govern (a) all proceedings, claims or matters related without reference to or arising from this Agreement (including any tort or non-contractual claims) and (b) any questions concerning the construction, interpretation, validity and enforceability of this Agreement, and the performance of the obligations imposed by this Agreement, in each case without giving effect to any its choice of law or conflict of law rules or provisions (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delawarerules). (b) Any dispute, controversy controversy, difference, or claim based on, arising out of, of or relating to or in connection with this Investor Rights Agreement, includingincluding its existence, without limitationvalidity, interpretation, performance, breach, or termination, or any dispute regarding the validity non-contractual obligations arising out of or termination of relating to this AgreementInvestor Rights Agreement (each, or the performance or breach hereof, a “Proceeding”) shall be referred to and finally settled resolved by arbitration administered by in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect (the “Rules”), in accordance with its Commercial Arbitration Rules in effect at except as modified herein, and such arbitration shall be administered by the time AAA. The Parties agree, pursuant to Rule R-1(b) of the arbitrationAAA Rules, that the Expedited Procedures shall apply irrespective of the amount in dispute. The place of arbitration shall be Fort WorthNew York, Texas and the proceedings New York. There shall be conducted in the English language. The arbitration one arbitrator who shall be conducted agreed upon by three arbitrators. Each arbitrator shall be the parties within twenty (20) days of receipt by respondent of a person with significant experience in the financial services industry or representing persons in the financial services industry. Each copy of the parties to such arbitration shall nominate one demand for arbitration. If any arbitrator is not appointed within 15 days after delivery of a request for arbitration in writing by any of the parties. In the event that any of the parties to the arbitration fail to nominate an arbitrator as and within such time period limit provided in the preceding sentence, upon request of either of such partiesherein, such arbitrator shall instead be appointed by the AAA within 15 days of receiving such request. The two arbitrators appointed in accordance with the above provisions shall nominate the third arbitrator within 15 days of their appointment. If the first two appointed arbitrators fail to nominate a third arbitrator, then, upon request of the parties to the arbitration, the third arbitrator shall be appointed by the AAA within 30 days in accordance with the listing, striking and ranking procedure in the Rules, with each party being given a limited number of receiving such requeststrikes, except for cause. The third Any arbitrator appointed by AAA shall be a retired U.S. judge or a practicing U.S. attorney with no less than fifteen years of experience with corporate and limited partnership matters and an experienced arbitrator. In rendering an award, the arbitrator shall serve as Chairman be required to follow the laws of the arbitral tribunal. The arbitrators shall endeavor to render a final award within 90 days state of submission of a request for arbitration. Failure to adhere to this time limit shall not be a basis for challenging the awardDelaware. The award rendered by shall be in writing and shall briefly state the arbitrators findings of fact and conclusions of law on which it is based. The award shall be final and binding on upon the parties thereto and judgment on such shall be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues or accounting presented to the arbitrator. Judgment upon the award may be entered in any court having jurisdiction over any party or any of competent jurisdictionits assets, including but not limited to the courts of Hong Kong and the Cayman Islands. Any costs or fees (including attorneys’ fees and expenses) incident to enforcing the award shall be charged against the party resisting such enforcement. All costs disputes, controversies, differences, or claims arising out of or relating to this Investor Rights Agreement, including its existence, validity, interpretation, performance, breach, or termination, or any dispute regarding non-contractual obligations arising out of or relating to this Investor Rights Agreement, shall be resolved in a confidential manner. The arbitrator shall agree to hold any information received during the arbitration in the strictest of confidence and expenses incurred shall not disclose to any non-party the existence, contents or results of the arbitration or any other information about such arbitration. The parties to the arbitration shall not disclose any information about the evidence adduced or the documents produced by the other party in the arbitration proceedings or about the existence, contents or results of the proceeding except as may be required by law, regulatory or governmental authority or as may be necessary in an action in aid of arbitration or for enforcement of an arbitral award. Before making any disclosure permitted by the preceding sentence (other than private disclosure to financial regulatory authorities), the party intending to make such disclosure shall use reasonable efforts to give the other party reasonable written notice of the intended disclosure and afford the other party a reasonable opportunity to protect its interests. The arbitrator shall determine what discovery will be permitted, consistent with the goal of reasonably controlling the cost and time that the parties must expend for discovery; provided that the parties expressly agree that discovery, in the event the arbitrator permits discovery and notwithstanding the Rules, in connection with any arbitration hereunder shall be borne limited to the following: (i) depositions shall be limited to three (3) depositions per side, each of which shall be limited to seven (7) hours of testimony taken by each side; (ii) written discovery shall be limited to one set of Requests for Production per party, limited to no more than fifteen (15) requests, including subparts; (iii) no interrogatories, requests for admission, or other written discovery shall be permitted; and (iv) the party against whom parties shall disclose documents that they will present in support of their case. Notwithstanding the arbitrators’ award is rendered, and such party shall promptly reimburse the party in whose favor the arbitrators’ award is rendered for any of such costs and expenses incurred by such party. (c) By agreeing to arbitrationforegoing, the parties do not intend arbitrators may grant, upon good cause shown, either party’s request for discovery in addition to deprive any court with jurisdiction or limiting that for which this paragraph expressly provides. For the avoidance of its ability to issue a preliminary injunctiondoubt, attachment or other form of provisional remedy in aid of the arbitration, and a request for such provisional remedies by a party to a court of competent jurisdiction for interim measures necessary to preserve such party’s rights, including pre-arbitration attachments, injunctions, or other equitable relief, shall not be deemed incompatible with, or a waiver of this of, the agreement to arbitrate. In addition to the authority conferred upon the arbitrators by the rules specified above, the arbitrators shall also have the authority to grant provisional remedies, including injunctive reliefarbitrate in this Section 5.7(b). (d) Except as may be required by applicable law or court order, the parties agree to maintain confidentiality as to all aspects of any arbitration arising out of, relating to or in connection with this Agreement, including any such arbitration’s existence and results, except that nothing herein shall prevent a party from disclosing information regarding such arbitration for purposes of enforcing the award or this arbitration clause, or in any court proceeding requesting the issuance of provisional remedies. The parties further agree to obtain the arbitrators’ agreement to preserve the confidentiality of the arbitration. (e) Without limiting the foregoing, each party agrees that service of process on such party as provided in Section 3.3 shall be deemed effective service of process on such party.

Governing Law; Waiver of Jury Trial; Jurisdiction. (a) The laws of the State of Delaware shall govern (a) all proceedings, claims or matters related to or arising from this Agreement (including any tort or non-contractual claims) and (b) any questions concerning the construction, interpretation, validity and enforceability of this Agreement, and the performance of the obligations imposed by this Agreement, in each case without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware. (b) Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including, without limitation, any dispute regarding the validity or termination of this Agreement, or the performance or breach hereof, shall be finally settled by arbitration administered by the American Arbitration Association (“AAA”), in accordance with its Commercial Arbitration Rules in effect at the time of the arbitration. The place of arbitration shall be Fort Worth, Texas and the proceedings shall be conducted in the English language. The arbitration shall be conducted by three arbitrators. Each arbitrator shall be a person with significant experience in the financial services industry or representing persons in the financial services industry. Each of the parties to such arbitration shall nominate one arbitrator within 15 fifteen (15) days after delivery of a request for arbitration in writing by any of the parties. In the event that any of the parties to the arbitration fail to nominate an arbitrator as and within such time period provided in the preceding sentence, upon request of either of such parties, such arbitrator shall instead be appointed by the AAA within 15 fifteen (15) days of receiving such request. The two arbitrators appointed in accordance with the above provisions shall nominate the third arbitrator within 15 fifteen (15) days of their appointment. If the first two appointed arbitrators fail to nominate a third arbitrator, then, upon request of the parties to the arbitration, the third arbitrator shall be appointed by the AAA within 30 thirty (30) days of receiving such request. The third arbitrator shall serve as Chairman of the arbitral tribunal. The arbitrators shall endeavor to render a final award within 90 ninety (90) days of submission of a request for arbitration. Failure to adhere to this time limit shall not be a basis for challenging the award. The award rendered by the arbitrators shall be final and binding on the parties thereto and judgment on such award may be entered in any court of competent jurisdiction. All costs and expenses incurred by the parties in connection with any arbitration hereunder shall be borne by the party against whom the arbitrators’ award is rendered, and such party shall promptly reimburse the party in whose favor the arbitrators’ award is rendered for any of such costs and expenses incurred by such party. (c) By agreeing to arbitration, the parties do not intend to deprive any court with jurisdiction of its ability to issue a preliminary injunction, attachment or other form of provisional remedy in aid of the arbitration, and a request for such provisional remedies by a party to a court shall not be deemed a waiver of this agreement to arbitrate. In addition to the authority conferred upon the arbitrators by the rules specified above, the arbitrators shall also have the authority to grant provisional remedies, including injunctive relief. (d) Except as may be required by applicable law Law or court order, the parties agree to maintain confidentiality as to all aspects of any arbitration arising out of, relating to or in connection with this Agreement, including any such arbitration’s existence and results, except that nothing herein shall prevent a party from disclosing information regarding such arbitration for purposes of enforcing the award or this arbitration clause, or in any court proceeding requesting the issuance of provisional remedies. The parties further agree to obtain the arbitrators’ agreement to preserve the confidentiality of the arbitration. (e) Without limiting the foregoing, each party agrees that service of process on such party as provided in Section 3.3 shall be deemed effective service of process on such party.