Common use of JURISDICTION AND ARBITRATION Clause in Contracts

JURISDICTION AND ARBITRATION. Any dispute, controversy or claim arising out of or under this Agreement shall be submitted by the parties to conclusive and binding arbitration in San Diego, California in accordance with the rules of American Arbitration Association. The decision of such arbitration shall be final for all purposes and may be enforced in an appropriate court in accordance with California law. Such claims shall be submitted to final and binding arbitration within one (1) year after the claim arose or be barred. For these purposes, a claim for breach of confidentiality, infringement of a party’s Intellectual Property Rights or violation of any Intellectual Property license restrictions imposed by this Agreement will be deemed to arise on the date that an executive officer of the aggrieved party discovers or should have reasonably discovered the events giving rise to the claim. Arbitration will be conducted according to American Arbitration Association’s Commercial Arbitration Rules and Mediation Procedures in effect at the time of filing for arbitration. The parties will cooperate with American Arbitration Association and each other in selecting a single arbitrator who shall be a former judge with substantial experience in resolving business disputes with particular experience in resolving disputes involving computer services. The arbitrator shall not be empowered to award damages in excess of, or inconsistent with, the liability limitations contained in this Agreement. Both parties will share the costs and fees of the arbitrators equally. Each party will bear its own costs and expenses of the proceeding. Each party agrees to arbitrate any issue concerning the types of claims that are subject to arbitration. This Agreement involves interstate commerce subject to jurisdiction under the Arbitration Act. This Section may be enforced by any court of competent jurisdiction. This Section shall not preclude either party from seeking equitable and/or legal relief in any court of competent jurisdiction to enforce each party’s Intellectual Property Rights (including confidentiality restrictions) or any Intellectual Property license “scope of use” provisions of this Agreement. Notwithstanding the foregoing, any dispute, controversy, or claim arising out of under this Agreement under $15,000 shall be submitted by the parties to a court of competent jurisdiction in San Diego County, California.

JURISDICTION AND ARBITRATION. Any dispute, controversy or claim arising out of or under this Agreement shall be submitted by the parties to conclusive and binding arbitration in San Diego, California in accordance with the rules of American Arbitration AssociationJAMS/Endispute. The decision of such arbitration shall be final for all purposes and may be enforced in an appropriate court in accordance with California law. Such claims shall be submitted to final and binding arbitration within one (1) year after the claim arose arose, or be barred. For these purposes, a claim for breach of confidentiality, infringement of a party’s Intellectual Property Rights or violation of any Intellectual Property license restrictions imposed by this Agreement will be deemed to arise on the date that an executive officer of the aggrieved party discovers or should have reasonably discovered the events giving rise to the claim. Arbitration will be conducted according to American Arbitration AssociationJAMS/Endispute’s Commercial Streamlined Arbitration Rules and Mediation Procedures in effect at the time of filing for arbitration. The parties will cooperate with American Arbitration Association JAMS/Endispute and each other in selecting a single arbitrator who shall be a former judge with substantial experience in resolving business disputes with particular experience in resolving disputes involving computer services. The arbitrator shall not be empowered to award damages in excess of, or inconsistent with, the liability limitations contained in this Agreement. Both parties will share the costs and fees of the arbitrators equally. Each party will bear its own costs and expenses of the proceeding. Each party agrees to arbitrate any issue concerning the types of claims that are subject to arbitration. This Agreement involves interstate commerce subject to jurisdiction under the Arbitration Act. This Section may be enforced by any court of competent jurisdiction. This Section shall not preclude either party from seeking equitable and/or legal relief in any court of competent jurisdiction to enforce each party’s Intellectual Property Rights (including confidentiality restrictions) or any Intellectual Property license “scope of use” provisions of this Agreement. Notwithstanding the foregoing, any dispute, controversy, or claim arising out of under this Agreement under $15,000 shall be submitted by the parties to a court of competent jurisdiction in San Diego County, California.

JURISDICTION AND ARBITRATION. Any dispute, controversy or claim arising out of or under this Agreement shall be submitted by the parties to conclusive and binding arbitration in San Diego, California in accordance with the rules of American Arbitration Association. The decision of such arbitration shall be final for all purposes and may be enforced in an appropriate court in accordance with California law. Such claims shall be submitted to final and binding arbitration within one (1) year after the claim arose or be barred. For these purposes, a claim for breach of confidentiality, infringement of a party’s Intellectual Property Rights or violation of any Intellectual Property license restrictions imposed by this Agreement will be deemed to arise on the date that an executive officer of the aggrieved party discovers or should have reasonably discovered the events giving rise to the claim. Arbitration will be conducted according to American Arbitration Association’s Commercial Arbitration Rules and Mediation Procedures in effect at the time of filing for arbitration. The parties will cooperate with American Arbitration Association and each other in selecting a single arbitrator who shall be a former judge with substantial experience in resolving business disputes with particular experience in resolving disputes involving computer services. The arbitrator shall not be empowered to award damages in excess of, or inconsistent with, the liability limitations contained in this Agreement. Both parties will share the costs and fees of the arbitrators equally. Each party will bear its own costs and expenses of the proceeding. Each party agrees to arbitrate any issue concerning the types of claims that are subject to arbitration. This Agreement involves interstate commerce subject to jurisdiction under the Arbitration Act. This Section may be enforced by any court of competent jurisdiction. This Section shall not preclude either party from seeking equitable and/or legal relief in any court of competent jurisdiction to enforce each party’s Intellectual Property Rights (including confidentiality restrictions) or any Intellectual Property license “scope of use” provisions of this Agreement. Notwithstanding the foregoing, any dispute, controversy, or claim arising out of under this Agreement under $15,000 10,000 shall be submitted by the parties to a court of competent jurisdiction Small Claims Court in San Diego CountyDiego, California.

JURISDICTION AND ARBITRATION. Any dispute, controversy or claim arising out of or under this KBee Agreement shall be submitted by the parties to conclusive and binding arbitration in San Diego, California in accordance with the rules of American Arbitration Association. The decision of such arbitration shall be final for all purposes and may be enforced in an appropriate court in accordance with California law. Such claims shall be submitted to final and binding arbitration within one (1) year after the claim arose or be barred. For these purposes, a claim for breach of confidentiality, infringement of a party’s Intellectual Property Rights or violation of any Intellectual Property license restrictions imposed by this KBee Agreement will be deemed to arise on the date that an executive officer of the aggrieved party discovers or should have reasonably discovered the events giving rise to the claim. Arbitration will be conducted according to American Arbitration Association’s Commercial Arbitration Rules and Mediation Procedures in effect at the time of filing for arbitration. The parties will cooperate with American Arbitration Association and each other in selecting a single arbitrator who shall be a former judge with substantial experience in resolving business disputes with particular experience in resolving disputes involving computer services. The arbitrator shall not be empowered to award damages in excess of, or inconsistent with, the liability limitations contained in this KBee Agreement. Both parties will share the costs and fees of the arbitrators equally. Each party will bear its own costs and expenses of the proceeding. Each party agrees to arbitrate any issue concerning the types of claims that are subject to arbitration. This KBee Agreement involves interstate commerce subject to jurisdiction under the Arbitration Act. This Section may be enforced by any court of competent jurisdiction. This Section shall not preclude either party from seeking equitable and/or legal relief in any court of competent jurisdiction to enforce each party’s Intellectual Property Rights (including confidentiality restrictions) or any Intellectual Property license “scope of use” provisions of this KBee Agreement. Notwithstanding the foregoing, any dispute, controversy, or claim arising out of under this KBee Agreement under $15,000 shall be submitted by the parties to a court of competent jurisdiction in San Diego County, California.