Governing Laws; Arbitration. THIS AGREEMENT SHALL BE INTERPRETED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF SWITZERLAND, except that matters concerning the validity or infringement of any patent shall be governed by the national laws of the jurisdiction issuing such patent. All disputes, differences or controversies arising out of or in connection with this Agreement, its interpretation, performance, or termination, which may arise between the Parties arising out of, or related to, this Agreement shall be amicably settled between the Parties. In case of failure of amicable settlement between the Parties, it shall be finally settled by binding arbitration conducted in accordance with the Rules of Concilliation and Arbitration of the International Chamber of Commerce (Paris, France) (the “ICC”). The arbitration panel shall be composed of three arbitrators, one of whom shall be selected by UNIVERSITY, one of whom shall be selected by LICENSEE and the third of whom shall be selected by the two so selected. If both or either of UNIVERSITY OR LICENSEE fails to select an arbitrator or arbitrators within fourteen (14) days after receiving notice of commencement of arbitration or if the two arbitrators fail to select a third arbitrator within fourteen (14) days after their appointment, the ICC shall, in accordance with said rules, upon the request of both or either of the Parties to the arbitration, appoint the arbitrator or arbitrators required to complete the panel. The venue of arbitration shall be Zurich. The Parties shall share the costs of the arbitration, including administrative and arbitrators’ fees equally. Each Party shall bear its own costs and attorneys’ and witnesses’ fees; provided, however, that the prevailing Party, as determined by the arbitration panel, shall be entitled to an award against the other Party in the amount of the prevailing Party’s costs and reasonable attorneys’ fees. The arbitration award shall be final and each Party shall comply in good faith and submit itself to the jurisdiction of the appropriate courts in Zurich for the sole purpose of the entry of such arbitrator’s award to render effective such arbitration decision.
Governing Laws; Arbitration. Sections 2.2, 2.3 and 2.11 of this Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America. All other terms and conditions of this Agreement and the Operative Agreements (except as specifically otherwise provided in these Agreements), including, without limitation, the validity, interpretation, performance or termination of such agreements, shall be governed by and construed in accordance with the laws of France applicable to agreements executed and delivered and to be performed in France, without regard to conflicts of laws principles.
Governing Laws; Arbitration. This Agreement shall be construed in accordance with, and governed by, the internal laws of the State of California (and not the laws of conflict of law). All controversies, disputes or claims arising out of or in connection with this Agreement shall be resolved by submission to binding arbitration in the offices in Orange County, California, of J.A.M.S./ENDISPUTE("J.A.M.S.") or its successor. Either party may commence the arbitration by filing a written demand for arbitration with J.A.M.S., with a copy to the other party. The notice sent by the aggrieved party initiating the arbitration shall describe the dispute amount involved and the remedy sought. The parties may agree on a single arbitrator form a panel of potential arbitrators provided by J.A.M.S. If the parties are unable to agree, J.A.M.S. will provide a list of three arbitrators, Seller and Purchaser may each strike one name from the list and the remaining arbitrator shall serve as the arbitrator. The parties agree to participate in the arbitration in good faith and shall share equally it costs. Nothing in this paragraph shall obligate the parties to arbitrate any of the provisions of the License Agreement.
Governing Laws; Arbitration. (a) This Plan shall be construed in accordance with and governed by the laws of the State of Maryland, except as preempted by federal law.
Governing Laws; Arbitration. This Agreement shall be governed by and construed in accordance with the laws of Poland. The parties will meet and discuss any dispute in good faith prior to filing any litigation matters. All disputes arising out of or relating to this Agreement or any breach thereof shall be settled exclusively by the Court applicable for the seat of the Joint Venture.
Governing Laws; Arbitration. This Agreement shall be governed by and construed in accordance with the laws of the state in which the Products are manufactured
Governing Laws; Arbitration. This Agreement shall be governed by and construed in accordance with the laws of the State of California, regardless of the laws that might otherwise govern under applicable principles of conflicts of laws thereof. Any claim or dispute arising out of or related to this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in the County of Santa Xxxxx under the AAA International Commercial Arbitration Rules and Supplemental Procedures for Large Complex Disputes by a single arbitrator mutually agreeable to the Buyers and the Sellers. In the event that within forty-five (45) days after the submission of any dispute to arbitration, the Buyers and the Sellers cannot mutually agree on a single arbitrator, the Buyers and the Sellers shall each select one arbitrator and the AAA shall select a third arbitrator. The arbitrator(s) shall have the authority to grant any equitable and legal remedies that would be available in any judicial proceeding instituted to resolve a dispute. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The parties hereto hereby waive any and all rights of appeal under the English Arbitration Act and any amendments thereto. The arbitrator(s) may award to the prevailing party, if any, as determined by the arbitrator(s), all of its costs and fees, including without limitation AAA administrative fees, arbitrator fees, attorney's fees, expert fees, witness fees, travel expenses and out-of-pocket expenses (including without limitation such expenses as copying, telephone, facsimile, postage and courier fees). The parties to the arbitration may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction or other interim or conservatory relief, as necessary, without breach of this arbitration provision and without any abridgement of the powers of the arbitrator(s). The parties agree that, any provision of applicable law notwithstanding, they will not request and the arbitrator(s) shall have no authority to award punitive or exemplary damages against any party. The arbitration proceedings and all pleadings and written evidence shall be in the English language. Any written evidence originally in a language other than English shall be submitted in English translation accompanied by the original or true copy thereof.
Governing Laws; Arbitration. This Agreement shall be governed by and construed in accordance with the laws of the State of California in the United States without regard to choice of law principles. The parties will meet and discuss any dispute in good faith prior to filing any litigation matters. All disputes arising out of or relating to this Agreement or any breach thereof shall be settled exclusively by arbitration to be held in the City of Irvine, in accordance with the Rules of American Arbitration Association. The award of Arbitration rendered shall be final and binding upon both parties, and be enforceable by any court having jurisdiction. The arbitrators shall apply the internal laws of the State of California, the United States, as specified above in determining the rights, obligations and liabilities of the parties and shall not have the power to alter, modify, amend, add to or subtract from any term or provision of this Agreement nor to rule upon or grant any extension, renewal or continuance of this Agreement, nor to award damages or other remedies expressly prohibited by this Agreement, nor to grant injunctive relief, including interim relief, of any nature, notwithstanding any contrary provisions of the Rules of the American Arbitration Association specified above. If, under applicable law, this arbitration provision is not enforceable as to a particular claim brought by one party against the other, then legal proceedings involving only that claim may be instituted solely in the United States district court geographically located nearest Irvine, California or, if such court may not exercise jurisdiction, a court of the State of California. For all purposes of this Agreement, all parties hereby irrevocably consent to the jurisdiction of such court and waive any defense based on improper or inconvenient venue or lack of personal jurisdiction.
Governing Laws; Arbitration. The laws of the State of Texas, disregarding conflict of law principles, shall govern this Agreement. Any dispute or controversy arising under, out of, in connection with or in relation to this Agreement shall, at the election and upon written demand of either party, be finally determined and settled by arbitration in the city of Dallas, Texas in accordance with the rules and procedures of the American Arbitration Associations, and judgment upon the award may be entered in any court having jurisdiction hereof.
Governing Laws; Arbitration. All disputes and differences between the parties, pertaining to this MOU shall be resolved through mutual discussions.
