Common use of INSTALLATION AND IMPLEMENTATION SERVICES Clause in Contracts

INSTALLATION AND IMPLEMENTATION SERVICES. Either Sage or your Reseller (in the event of the Software being purchased through a Reseller) may provide the End-User with other services, such as consulting, training or development services. Any such services or requirements are outside the scope of this Agreement and shall only be provided subject to the terms of a separate written agreement between the parties. Schedule 1 – Sage Contracting Entities, Governing Law and Jurisdiction Sage South Africa (Pty) Ltd; 6th Floor, Gateway West, 00 Xxxxx Xxxxxxxx, Xxxxxxxxx, Xxxxxxx 0000, Xxxxx Xxxxxx Law Johannesburg, High Court Sage Software Middle East FZ-LLC; Xxxxxxxx Xx 00, Xxxxx Xxxxxxxx Xxxx, Xxxxx. English law Except for the right of either Party to apply to a court of competent jurisdiction for injunctive, or other equitable relief, any dispute or claim arising out of or relating to this Agreement, shall be settled by arbitration in Dubai International Financial Centre in United Arab Emirates in accordance with the laws of England and rules of arbitration of the London Court of International Arbitration (LCIA). The language to be used in the arbitration shall be English. In the case of arbitration, the arbitration shall be conducted in the English language. One or more arbitrators appointed in accordance with the following: (i) Arbitration by One Arbitrator: If the Parties agree to a one-arbitrator, the parties shall agree upon and appoint an arbitrator, after first ascertaining that the appointee consents to act, within thirty (30) days from the date on which written notice of referral to arbitration by one arty is received by the other party (the "Notice Date") or (ii) Arbitration by Three Arbitrators: If the Parties are unable to agree on a one arbitrator, or, having so agreed, are unable to agree on the arbitrator within thirty (30) days from the Notice Date, then the arbitration shall be conducted by and before three (3) arbitrators, who shall be appointed as follows. Each Party shall appoint one arbitrator, after first ascertaining that the appointee consents to act, and notify the other Party in writing of the appointment within sixty (60) days from the Notice Date. The appointed arbitrators shall agree upon and appoint the third arbitrator, who shall be the chairman, after first ascertaining that the appointee consents to act, and notify the Parties in writing of the appointment within ninety (90) days from the Notice Date. The chairman shall be a qualified lawyer, and the other arbitrators shall have a background or training in computer law, computer science, or marketing of computer products. The arbitrators shall have the authority to grant injunctive relief, in a form substantially similar to that which would otherwise be granted by a court of law. The Parties irrevocably agree to submit to arbitration and the Parties each agree that any award made by the arbitrators shall be enforceable in any country, without further inquiry into the disputed matters which are the subject of the award. The provisions of this clause shall survive termination of this Agreement. Sage Software Nigeria Limited; 1st Floor Plot 0 Xxxxxxxxx Xxxxx Xxx Xxxxxx Xxxxxxx Foreshore Estate Ikoyi Lagos State Nigeria South African Law Johannesburg, High Court, South Africa

INSTALLATION AND IMPLEMENTATION SERVICES. Either Sage or your Reseller (in the event of the Software being purchased through a Reseller) may provide the End-User with other services, such as consulting, training or development services. Any such services or requirements are outside the scope of this Agreement and shall only be provided subject to the terms of a separate written agreement between the parties. Schedule 1 – Sage Contracting Entities, Governing Law and Jurisdiction Sage South Africa (Pty) Ltd; 6th Floor, Gateway West, 00 Xxxxx Xxxxxxxx, Xxxxxxxxx, Xxxxxxx 0000, Xxxxx Xxxxxx Law Johannesburg, High Court Sage Software Middle East FZ-LLC; Xxxxxxxx Xx 00, Xxxxx Xxxxxxxx Xxxx, Xxxxx. English law Except for the right of either Party to apply to a court of competent jurisdiction for injunctive, or other equitable relief, any dispute or claim arising out of or relating to this Agreement, shall be settled by arbitration in Dubai International Financial Centre in United Arab Emirates in accordance with the laws of England and rules of arbitration of the London Court of International Arbitration (LCIA). The language to be used in the arbitration shall be English. In the case of arbitration, the arbitration shall be conducted in the English language. One or more arbitrators appointed in accordance with the following: (i) Arbitration by One Arbitrator: If the Parties agree to a one-arbitrator, the parties shall agree upon and appoint an arbitrator, after first ascertaining that the appointee consents to act, within thirty (30) days from the date on which written notice of referral to arbitration by one arty is received by the other party (the "Notice Date") or (ii) Arbitration by Three Arbitrators: If the Parties are unable to agree on a one arbitrator, or, having so agreed, are unable to agree on the arbitrator within thirty (30) days from the Notice Date, then the arbitration shall be conducted by and before three (3) arbitrators, who shall be appointed as follows. Each Party shall appoint one arbitrator, after first ascertaining that the appointee consents to act, and notify the other Party in writing of the appointment within sixty (60) days from the Notice Date. The appointed arbitrators shall agree upon and appoint the third arbitrator, who shall be the chairman, after first ascertaining that the appointee consents to act, and notify the Parties in writing of the appointment within ninety (90) days from the Notice Date. .The chairman shall be a qualified lawyer, and the other arbitrators shall have a background or training in computer law, computer science, or marketing of computer products. The arbitrators shall have the authority to grant injunctive relief, in a form substantially similar to that which would otherwise be granted by a court of law. The Parties irrevocably agree to submit to arbitration and the Parties each agree that any award made by the arbitrators shall be enforceable in any country, without further inquiry into the disputed matters which are the subject of the award. The provisions of this clause shall survive termination of this Agreement. Sage Software Nigeria Limited; 1st Floor Plot 0 Xxxxxxxxx Xxxxx Xxx Xxxxxx Xxxxxxx Foreshore Estate Ikoyi Lagos State Nigeria South African Law Johannesburg, High Court, South Africa