Common use of Venue and Arbitration Clause in Contracts

Venue and Arbitration. Subject only to the arbitration provisions of this Agreement, the parties hereto hereby irrevocably submit to the exclusive jurisdiction of the state courts of the State of California in San Diego County or the United States District Court for the Southern District of California, for the purposes of any lawsuit, action or other proceeding arising out of or based upon this Agreement and the subject matter hereof. Any dispute, controversy or claim arising out of or relating to this Agreement (other than claims for injunctive or equitable relief), including, but not limited to, the interpretation, breach or termination thereof (including whether the claims asserted are arbitrable), shall be referred to and finally determined by arbitration in accordance with the Judicial Arbitration Mediation Services ("JAMS") Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under JAMS Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less. The tribunal will consist of a sole arbitrator who shall be a retired judge, in accordance with California Code of Civil Procedure section 1280 et seq. The place of arbitration shall be San Diego, California. The language to be used in the arbitral proceedings will be the English language. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator, and fees and costs of the prevailing party. Judgment upon any award rendered by the arbitrator(s) shall be final, and may be entered in any court having jurisdiction.

Venue and Arbitration. Subject only to the arbitration provisions of this Agreement, the parties hereto hereby irrevocably submit to the exclusive jurisdiction of the state courts of the State of California in San Diego County or the United States District Court for the Southern District of California, for the purposes of any lawsuit, action or other proceeding arising out of or based upon this Agreement and the subject matter hereof. Any dispute, controversy or claim arising out of or relating to this Agreement (other than claims for injunctive or equitable relief), including, but not limited to, the interpretation, breach or termination thereof (including whether the claims asserted are arbitrable), shall be referred to and finally determined by arbitration in accordance with the Judicial Arbitration Mediation Services ("“JAMS"”) Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under JAMS Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less. The tribunal will consist of a sole arbitrator who shall be a retired judge, in accordance with California Code of Civil Procedure section §§ 1280 et seq. The place of arbitration shall be San Diego, California. The language to be used in the arbitral proceedings will be the English language. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's ’s award is based. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator, and fees and costs of the prevailing party. Judgment upon any award rendered by the arbitrator(s) shall be final, and may be entered in any court having jurisdiction.