LAW, JURISDICTION AND DISPUTES Sample Clauses

LAW, JURISDICTION AND DISPUTES. All disputes that arise between the Contractor and the Purchaser (each a “disputing party”) in connection with these terms and conditions or the subject matter of these terms and conditions shall be dealt with as follows: In the first instance, the disputing parties shall submit the dispute to the personnel nominated specifically to participate in the escalation process in sub-clause 10.1.2 in the order set out therein.
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LAW, JURISDICTION AND DISPUTES. 10.1 This MoU and any non-contractual obligations arising out of or in connection herewith shall be governed, construed, and enforced in accordance with the laws of India. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to arbitration consisting of two arbitrators to be appointed by both parties and the place of arbitration will be at Mumbai, India and arbitration act of India as amended will be applicable. The Parties to this Memorandum of Understanding (total of ten pages) hereby confirm their agreement to its terms by the following signatures on this day 24 May 2023. Signature Signature Name : Capt. (Dr.) Xxxxxxxx Xxxxxxxx Name : Xxxxx X Xxxxx Classification: Confidential MEMORANDUM OF UNDERSTANDING BETWEEN MASSA MARITIME ACADEMY (OWNED AND MANAGED BY MARITIME TRAINING & RESEARCH FOUNDATION TRUST) AND INSTITUTE XXX XXXXXXXX XXXXX SEAMEN WELFARE FOUNDATIONS - TRAINING SHIP XXXXXXX Entered to on 03rd day of December 2021. between MASSA MARITIME ACADEMY represented by its Principal CAPT. XXXXX X. XXXXXXX, having its office at Great Eastern Summit, “A” wing, 1st Floor, Plot Xx.00, Xxxxxx 00, XXX Xxxxxxx, Xxxx Xxxxxx - 000000 which is owned and managed by MARITIME TRAINING & RESEARCH FOUNDATION TRUST a registered public charitable trust under registration number No: E – 13983 (MUMBAI) with the Charity Commissioner, Greater Bombay, Maharashtra, hereinafter referred to as MASSA MARITIME ACADEMY on the one part, and XXX XXXXXXXX XXXXX SEAMEN WELFARE FOUNDATIONS - TRAINING SHIP XXXXXXX., represented by its Principal CAPT (DR.) XXXXXXXX XXXXXXXX having its office at X X Xxxxxxx, Post Nhava Taluka Panvel, District Raigad — 410206, Maharashtra, registered public charitable trust under Registration No. BOM.141/73 GBBSD, hereinafter referred to as TRAINING SHIP XXXXXXX on the other part, enter into this Memorandum Of Understanding according to the following statements.
LAW, JURISDICTION AND DISPUTES. 22.1 The construction, validity and performance of this Agreement (including non-contractual disputes or claims) shall be governed by English law and the parties hereby submit irrevocably to the exclusive jurisdiction of the English courts to resolve any dispute between them.
LAW, JURISDICTION AND DISPUTES. 10.1. All disputes that arise between the Contractor and the Purchaser (each a “disputing party”) in connection with these terms and conditions or the subject matter of these terms and conditions shall be dealt with as follows:
LAW, JURISDICTION AND DISPUTES. English law applies. The Agreement and any non-contractual obligations arising out of or in connection herewith shall be governed, construed and enforced in accordance with the laws of Mexico and Wales to the exclusion of any other law and without regard to any conflict of law principles. Mediation. Any dispute arising out of or in connection with the Agreement or any PO including any dispute regarding the existence, validity or termination thereof shall be settled by mediation arranged by International Chamber of Commerce (ICC), International Chamber of Commerce (ICC) in accordance with the rules on mediation adopted by the ICC and in force at the time when such proceedings are commenced. Mediation shall not affect the right of a party to initiate arbitration proceedings in accordance with the provisions below or to take any other legal steps in relation to the dispute.
LAW, JURISDICTION AND DISPUTES. Law of England and Wales applies. This Agreement and any non-contractual obligations arising out of or in connection herewith shall be governed, construed and enforced in accordance with the laws of England and Wales to the exclusion of any other law and without regard to any conflict of law principles. Mediation. Any dispute arising out of or in connection with this Agreement or any PO including any dispute regarding the existence, validity or termination thereof shall be settled by mediation arranged by The London Court of International Arbitration (LCIA) in accordance with the rules on mediation adopted by the LCIA and in force at the time when such proceedings are commenced. Mediation shall not affect the right of a Party to initiate arbitration proceedings in accordance with the provisions below or to take any other legal steps in relation to the dispute.

Related to LAW, JURISDICTION AND DISPUTES

  • GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION The rights and obligations of the Parties under the Agreement shall be governed by and construed in accordance with the laws of India. The TDSAT, to the exclusion of all other courts, shall have exclusive jurisdiction in respect of any dispute between the Parties arising out of or in connection with or as a result of this Agreement.

  • JURISDICTION AND DISPUTES i. This Agreement shall be governed and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of California.

  • GOVERNING LAW AND DISPUTES 12.1 The Parties will make good faith efforts to resolve, in a confidential manner, any dispute which may arise under the Agreement, by escalating it to higher levels of management, prior to resorting to litigation or other legal process.

  • Governing Law, Jurisdiction and Venue No Waiver of Jury Trial: This Agreement will be governed by the laws of the State of Vermont. Any action or proceeding brought by either the State or the Party in connection with this Agreement shall be brought and enforced in the Superior Court of the State of Vermont, Civil Division, Washington Unit. The Party irrevocably submits to the jurisdiction of this court for any action or proceeding regarding this Agreement. The Party agrees that it must first exhaust any applicable administrative remedies with respect to any cause of action that it may have against the State with regard to its performance under this Agreement. Party agrees that the State shall not be required to submit to binding arbitration or waive its right to a jury trial.

  • LAW AND DISPUTES This agreement is governed by Federal law.

  • Governing Law; Disputes This Agreement shall in accordance with Section 5-1401 of the General Obligations Law of New York in all respects be construed, governed, applied and enforced under the internal laws of the State of New York without giving effect to the principles of conflicts of laws and be deemed to be an agreement entered into in the State of New York and made pursuant to the laws of the State of New York. Except as otherwise set forth in Article “19” of this Agreement, the parties agree that they shall be deemed to have agreed to binding arbitration with respect to the entire subject matter of any and all disputes relating to or arising under this Agreement including, but not limited to, the specific matters or disputes as to which arbitration has been expressly provided for by other provisions of this Agreement and that any such arbitration shall be commenced exclusively in New York, New York. Any such arbitration shall be by a panel of three arbitrators and pursuant to the commercial rules then existing of the American Arbitration Association in the State of New York, County of New York. In all arbitrations, judgment upon the arbitration award may be entered in any court having jurisdiction. The parties specifically designate the courts in the City of New York, State of New York as properly having jurisdiction for any proceeding to confirm and enter judgment upon any such arbitration award. The parties hereby consent to and submit to the exclusive jurisdiction of the courts of the State of New York in any action or proceeding and submit to personal jurisdiction over each of them by such courts. The parties hereby waive personal service of any and all process and specifically consent that in any such action or proceeding brought in the courts of the State of New York, any service of process may be effectuated upon any of them by certified mail, return receipt requested, in accordance with Paragraph “C” of this Article “21” of this Agreement. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. The parties agree, further, that the prevailing party in any such arbitration as determined by the arbitrators shall be entitled to such costs and attorney's fees, if any, in connection with such arbitration as may be awarded by the arbitrators. In connection with the arbitrators’ determination for the purpose of which party, if any, is the prevailing party, they shall take into account all of the factors and circumstances including, without limitation, the relief sought, and by whom, and the relief, if any, awarded, and to whom. In addition, and notwithstanding the foregoing sentence, a party shall not be deemed to be the prevailing party in a claim seeking monetary damages, unless the amount of the arbitration award exceeds the amount offered in a legally binding writing by the other party by fifteen (15%) percent or more. For example, if the party initiating arbitration (“A”) seeks an award of one hundred thousand ($100,000) dollars plus costs and expenses, the other party (“B”) has offered A fifty thousand ($50,000) dollars in a legally binding written offer prior to the commencement of the arbitration proceeding, and the arbitration panel awards any amount less than fifty-seven thousand five hundred ($57,500) dollars to A, the panel should determine that B has “prevailed”. The arbitration panel shall have no power to award non-monetary or equitable relief of any sort. It shall also have no power to award (i) damages inconsistent with any applicable agreement between the parties or (ii) punitive damages or any other damages not measured by the prevailing party’s actual damages; and the parties expressly waive their right to obtain such damages in arbitration or in any other forum. In no event, even if any other portion of these provisions is held invalid or unenforceable, shall the arbitration panel have power to make an award or impose a remedy which could not be made or imposed by a court deciding the matter in the same jurisdiction. Discovery shall be permitted in connection with the arbitration only to the extent, if any, expressly authorized by the arbitration panel upon a showing of substantial need by the party seeking discovery. All aspects of the arbitration shall be treated as confidential. The parties and the arbitration panel may disclose the existence, content or results of the arbitration only as provided in the rules of the American Arbitration Association in New York, New York. Before making any such disclosure, a party shall give written notice to all other parties and shall afford such parties a reasonable opportunity to protect their interest.

  • Governing Law; Consent to Jurisdiction and Venue THIS AGREEMENT AND THE OBLIGATIONS ARISING HEREUNDER SHALL BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS MADE AND PERFORMED IN SUCH STATE AND ANY APPLICABLE LAWS OF THE UNITED STATES OF AMERICA. EACH OF THE PARTIES HERETO HEREBY CONSENTS AND AGREES THAT THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NEW YORK SHALL HAVE JURISDICTION TO HEAR AND DETERMINE ANY CLAIMS OR DISPUTES AMONG THE PARTIES HERETO PERTAINING TO THIS AGREEMENT OR TO ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT; PROVIDED THAT THE PARTIES HERETO ACKNOWLEDGE THAT ANY APPEALS FROM THOSE COURTS MAY HAVE TO BE HEARD BY A COURT LOCATED OUTSIDE OF NEW YORK, NEW YORK. EACH OF THE PARTIES HERETO EXPRESSLY SUBMITS AND CONSENTS IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR SUIT COMMENCED IN ANY SUCH COURT, AND EACH OF THE PARTIES HERETO HEREBY WAIVES ANY OBJECTION WHICH IT MAY HAVE BASED UPON LACK OF PERSONAL JURISDICTION, IMPROPER VENUE OR FORUM NON CONVENIENS.

  • Governing Law; Venue and Jurisdiction THIS DPA WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF THE LEA, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. EACH PARTY CONSENTS AND SUBMITS TO THE SOLE AND EXCLUSIVE JURISDICTION TO THE STATE AND FEDERAL COURTS FOR THE COUNTY OF THE LEA FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS DPA OR THE TRANSACTIONS CONTEMPLATED HEREBY.

  • Governing Law, Jurisdiction and Venue; No Waiver of Jury Trial This Agreement will be governed by the laws of the State of Vermont. Any action or proceeding brought by either the State or the Party in connection with this Agreement shall be brought and enforced in the Superior Court of the State of Vermont, Civil Division, Washington Unit. The Party irrevocably submits to the jurisdiction of this court for any action or proceeding regarding this Agreement. The Party agrees that it must first exhaust any applicable administrative remedies with respect to any cause of action that it may have against the State with regard to its performance under this Agreement. Party agrees that the State shall not be required to submit to binding arbitration or waive its right to a jury trial.

  • Mediation and jurisdiction 1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:

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