Resolution of Disputes and Choice of Law Sample Clauses

Resolution of Disputes and Choice of Law. 19 21. SEVERABILITY.......................................................20 22. NOTICES...............................................................20 23.
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Resolution of Disputes and Choice of Law. 20.1 This Contract shall be governed by and construed under the laws of the State of California without regard to those laws relating to conflict of laws. 20.2 Should any disputes or differences of any kind arise between the Buyer and the Seller, in connection with/or arising out of this Contract, or the performance hereunder, these will be settled by mutual agreement which after having been written and signed by both parties will become final and binding upon both Parties. 20.3 If no binding agreement can be reached, then the Buyer and the Seller will have the right to proceed according to the Rules of the American Arbitration Association ("AAA") for arbitration in the State of California, United States of America before a panel of three arbitrators, to obtain a decision which will be final, binding and irrevocable upon both the Buyer and the Seller and not subject to any direct or indirect legal means. 20.4 Each party shall appoint one member of the arbitration panel and these two members shall appoint the third member. The three Arbitrators appointed by the said rules will have full power to review all the data they consider necessary for deciding upon the dispute. 20.5 The judgment rendered by the Arbitrator(s) upon the award may be entered in any court having jurisdiction for the purposes of obtaining an order of enforcement or judicial acceptance of the award, as the case may be. Buyer and Seller hereby waive any immunity, sovereign or otherwise, that it would otherwise have to such jurisdiction and agree that their respective rights, obligations and liabilities hereunder shall be determined in the same manner and to the same extent as those of a private litigant under like circumstances. 20.6 The Arbitrator's award may include compensatory damages against either party, but under no circumstances will the Arbitrators be authorized to nor shall they award punitive damages or multiple damages against either party.
Sample 1
Resolution of Disputes and Choice of Law. The parties agree that all disputes between them arising under this agreement or involving its interpretation, if they cannot be first resolved by mutual agreement, are subject to the following alternate dispute resolution procedure: (a) Either party may send written notice to the other in the manner specified in this agreement that a dispute has not been resolved by mutual agreement. A copy of such notice setting forth the nature of the dispute shall also be forwarded to the Director, Department of Public Facilities, or his designee (“Director”), 000 Xxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxxx 00000. The notice shall also contain a position statement and copies of documents supporting the notifying party’s position regarding the dispute. Within five (5) working days after receipt of such notice by the other party, the other party shall file its reply with position statement and supporting documents to the Director. Within five (5) working days after receipt of such reply, the Director shall review the matter and render a determination in writing (“Determination”) to the parties. The Director may reach a Determination with or without a face-to- face meeting with the parties and with or without testimony of witnesses, in his/her sole discretion. (b) If either party objects to the Determination, such party may commence non-binding mediation before the American Arbitration Association within thirty (30) days after the date of the Determination in accordance with its mediation rules then in effect, which mediation shall be held in Bridgeport, Connecticut. Each party shall bear the cost of its respective counsel and one-half of the administrative costs of such mediation, including but not limited to the mediator’s fees and expenses. (c) If resolution of such dispute is not achieved after mediation, such dispute may be submitted by either party to the American Arbitration Association for resolution in accordance with its construction rules of arbitration then in effect. Arbitration shall take place in the City of Bridgeport. Upon the request of either party, the dispute may be determined by the Fast Track or other expedited procedure of the American Arbitration Association then in effect if the matter is of such a nature and magnitude that it is appropriate for determination by expedited procedures. The award shall be limited to the remedies set forth in this agreement. The arbitrator shall have authority, at his/her sole discretion, to award reasonable attorneys’ fee...
Sample 1
Resolution of Disputes and Choice of Law. The parties agree that all disputes between them arising under this Contract or involving its interpretation, if they cannot be first resolved by mutual agreement, are subject to the following alternate dispute resolution procedure: A. Either party may send written notice to the other in the manner specified in this Contract that a dispute has not been resolved by mutual agreement. A copy of such notice setting forth the nature of the dispute shall also be forwarded to the Director, Department of Public Facilities (“Director”), 000 Xxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxxx 00000. The notice shall also contain a position statement and copies of documents supporting the notifying party’s position regarding the dispute. Within five (5) working days after receipt of such notice by the other party, the other party shall file its reply with position statement and supporting documents to the Director. Within five (5) working days after receipt of such reply, the Director shall review the matter and render a determination in writing (“Determination”) to the parties. The Director may reach a Determination with or without a face-to-face meeting with the parties and with or without testimony of witnesses, in his sole discretion. B. If either party objects to the Determination, such party may commence non-binding mediation before the American Arbitration Association or similar dispute resolution organization selected by the City in accordance with the mediation rules of such organization then in effect, which mediation shall be held in Bridgeport, Connecticut. Each party shall bear the costs of such mediation, including but not limited to the mediator’s fees and expenses. C. If resolution of such dispute is not achieved by mediation, such dispute may be submitted by either party to the American Arbitration Association or similar dispute resolution organization selected by the City for resolution in accordance with such organization's construction rules of arbitration then in effect. Arbitration takes place in the City of Bridgeport. Upon the request of either party, the dispute may be determined by the Fast Track or other expedited procedure of such organization then in effect. The award shall be limited to the remedies set forth in this Contract. A single arbitrator shall hear claims having a value of $250,000 or less. A 3-member panel is required for determination of all other claims. The arbitrator or panel shall have the authority, at his, her or their sole discretion...
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Resolution of Disputes and Choice of Law. This Contract shall be governed by and construed under the laws of the Commonwealth of Virginia without regard to those laws relating to conflict of laws.
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Resolution of Disputes and Choice of Law. No transfer shall take place until a decision is rendered.
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Resolution of Disputes and Choice of Law. The parties agree that all disputes between them arising under this agreement or involving its interpretation, if they cannot be first resolved by mutual agreement, shall be resolved in a court of competent jurisdiction over the parties located in Fairfield County, Connecticut.
Sample 1
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Resolution of Disputes and Choice of Law. 14.1. Any dispute, controversy or claim arising under this TOS shall be resolved in accordance with the procedures set forth in this Section. 14.2. In the event of a dispute between the Parties relating to this TOS, each of the parties shall appoint a designated representative who has authority to settle the dispute and who is at the "C" level or above. This appointment will take place no later than 5 business days after the initial request for dispute resolution. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve the dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however, all reasonable requests for relevant information made by one party to the other shall be honored. If the parties are unable to resolve issues related to a dispute within 30 days after a party's request is made, the dispute shall be submitted for arbitration. The arbitration shall take place in Las Vegas, Nevada pursuant to the commercial arbitration rules of the American Arbitration Association. The dispute shall be heard by a single arbitrator who has experience in the field of web hosting. The arbitrator shall not be entitled to award punitive damages or attorneys’ fees.
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Resolution of Disputes and Choice of Law 
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Related to Resolution of Disputes and Choice of Law

  • Resolution of Disputes Choice of Law (a) This Transition Agreement shall be construed and enforced in accordance with the laws of the State of California without regard to the principles of conflicts of law. (b) All suits, actions or proceedings arising out of or relating to this Transition Agreement shall be brought in a state or federal court located in San Francisco County, California, which courts shall be the exclusive forum for all such suits, actions or proceedings. Executive and the Company hereby waive any objection which either of Executive may now or hereafter have to the laying of venue in any such court, including any claim based on the doctrine of forum non conveniens or any similar doctrine, for any such suit, action or proceeding. Executive and the Company each hereby irrevocably consent and submit to the jurisdiction of the federal and state courts located in San Francisco County, California for the purposes of any suit, action or proceeding arising out of relating to this Transition Agreement. If any action is necessary to enforce the terms of this Transition Agreement, the substantially prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled (c) EXECUTIVE AND THE COMPANY EACH HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING ARISING UNDER THIS TRANSITION AGREEMENT OR RELATED IN ANY WAY TO EXECUTIVE’S EMPLOYMENT AND/OR TO THE TERMINATION OF EXECUTIVE’S EMPLOYMENT AND AGREE THAT ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY.

  • Resolution of Disputes Any dispute or disagreement which may arise under, or as a result of, or in any way related to, the interpretation, construction or application of this Agreement shall be determined by the Committee. Any determination made hereunder shall be final, binding and conclusive on the Grantee and the Company for all purposes.

  • Governing Law; Resolution of Disputes This Agreement and the rights and obligations hereunder shall be governed by and construed in accordance with the laws of the State of Wisconsin. Any dispute arising out of this Agreement shall, at the Executive’s election, be determined by arbitration under the rules of the American Arbitration Association then in effect (in which case both parties shall be bound by the arbitration award) or by litigation. Whether the dispute is to be settled by arbitration or litigation, the venue for the arbitration or litigation shall be Milwaukee, Wisconsin or, at the Executive’s election, if the Executive is not then residing or working in the Milwaukee, Wisconsin metropolitan area, in the judicial district encompassing the city in which the Executive resides; provided, that, if the Executive is not then residing in the United States, the election of the Executive with respect to such venue shall be either Milwaukee, Wisconsin or in the judicial district encompassing that city in the United States among the thirty cities having the largest population (as determined by the most recent United States Census data available at the Termination Date) which is closest to the Executive’s residence. The parties consent to personal jurisdiction in each trial court in the selected venue having subject matter jurisdiction notwithstanding their residence or situs, and each party irrevocably consents to service of process in the manner provided hereunder for the giving of notices.

  • Disputes and Governing Law This Agreement shall be construed in accordance with the laws of the PRC. Any disputes that arise in connection with this Agreement shall be litigated in courts located within the Pudong New Area, Shanghai, the PRC.

  • Mediation of Disputes The parties shall endeavor in good faith to settle within 90 days any controversy or claim arising out of or relating to this Agreement or the breach thereof through mediation with JAMS, Endispute or similar organizations. If the controversy or claim is not resolved within 90 days, the parties shall be free to pursue other legal remedies in law or equity.

  • Choice of Law; Dispute Resolution This Agreement shall be governed by and construed pursuant to the laws of the State of California, U.S.A., without reference to principals of conflicts of laws. All disputes arising out of this shall be settled by final binding arbitration in Santa Xxxxx County, California, pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction thereof. Notwithstanding the foregoing, the parties may apply to any court of competent jurisdiction in Santa Xxxxx County, California, U.S.A., for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrators, and agree that such courts shall have exclusive jurisdiction of any such action.

  • Resolution of Conflicts; Arbitration (i) In case the Shareholder Representative shall object in writing to any claim or claims made in any Officer's Certificate within thirty (30) days after delivery of such Officer's Certificate, the Shareholder Representative and Parent shall attempt in good faith to agree upon the rights of the respective parties with respect to each of such claims. If the Shareholder Representative and Parent should so agree, a memorandum setting forth such agreement shall be prepared and signed by both parties. If any claim against the Escrow Fund was sought, such memorandum shall be furnished to the Escrow Agent and the Escrow Agent shall be entitled to rely on any such memorandum and make payment out of the Escrow Fund in accordance with the terms thereof. (ii) If no such agreement can be reached after good faith negotiation (or in any event after 60 days from the date of the Officer's Certificate), either Parent or the Shareholder Representative may demand arbitration of the matter unless the amount of the damage or loss is at issue in pending litigation with a third party, in which event arbitration shall not be commenced until such amount is ascertained or both parties agree to arbitration; and in either such event the matter shall be settled by arbitration conducted by three arbitrators. Parent and the Shareholder Representative shall each select one arbitrator, and the two arbitrators so selected shall select a third arbitrator. The arbitrators shall set a limited time period and establish procedures designed to reduce the cost and time for discovery while allowing the parties an opportunity, adequate in the sole judgment of the arbitrators, to discover relevant information from the opposing parties about the subject matter of the dispute. The arbitrators shall rule upon motions to compel or limit discovery and shall have the authority to impose sanctions, including attorneys' fees and costs, to the same extent as a court of law or equity, should the arbitrators determine that discovery was sought without substantial justification or that discovery was refused or objected to without substantial justification. The decision of a majority of the three arbitrators as to the validity and amount of any claim in such Officer's Certificate shall be binding and conclusive upon the parties to this Agreement. Notwithstanding anything in Section 7.2(e) hereof, the Escrow Agent shall be entitled to act in accordance with such decision and make or withhold payments out of the Escrow Fund in accordance therewith. Such decision shall be written and shall be supported by written findings of fact and conclusions which shall set forth the award, judgment, decree or order awarded by the arbitrators. (iii) Judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction. Any such arbitration shall be held in Santa Xxxxx County, California under the rules then in effect of the American Arbitration Association. The arbitrators shall determine how all expenses relating to the arbitration shall be paid, including without limitation, the respective expenses of each party, the fees of each arbitrator and the administrative fee of the American Arbitration Association.

  • Resolution of Dispute Any dispute regarding this Agreement (including without limitation its validity, interpretation, performance, enforcement, termination and damages) shall be determined in accordance with the laws of the State of California, the United States of America. Any action under this paragraph shall not preclude any party hereto from seeking injunctive or other legal relief to which each party may be entitled.

  • Arbitration of Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive’s employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association (“AAA”) in Boston, Massachusetts in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity other than the Executive or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity’s agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8.

  • Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford, State of Connecticut. Both parties agree that it is fair and reasonable for the validity and construction of the Contract to be, and it shall be, governed by the laws and court decisions of the State of Connecticut, without giving effect to its principles of conflicts of laws. To the extent that any immunities provided by Federal law or the laws of the State of Connecticut do not bar an action against the State, and to the extent that these courts are courts of competent jurisdiction, for the purpose of venue, the complaint shall be made returnable to the Judicial District of Hartford only or shall be brought in the United States District Court for the District of Connecticut only, and shall not be transferred to any other court, provided, however, that nothing here constitutes a waiver or compromise of the sovereign immunity of the State of Connecticut. The Contractor waives any objection which it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits to such jurisdiction in any suit, action or proceeding.

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