Common use of PARTIES Clause in Contracts

PARTIES. (a) This Agreement shall be governed by and construed in accordance with the laws of France and the Parties hereby submit to the non-exclusive jurisdiction of the French courts. Notwithstanding the foregoing, nothing in this Agreement shall prevent, restrict or otherwise restrain Pathé from bringing any action against Distributor in the courts of the Territory or elsewhere and Pathé shall be entitled to have recourse to all judicial and common law remedies available in the Territory. (b) All notices or other documents which may be required to be given or delivered hereunder by either party to the other shall be sufficiently given if delivered personally or sent by email or by fax or recorded delivery or registered post addressed to the other at such address as the other may hereafter notify as its address for such service or if none, to the address at the head of this Agreement. Any notice posted in the country of Pathe as above mentioned shall be deemed to have been received five (5) days after the time of posting or at the time of actual receipt if earlier. Any notice sent by fax shall be deemed upon completion of successful transmission to have been received twelve (12) hours after the time of despatch or the commencement of normal business hours on the next working day at its destination if sent outside business hours at such destination. Any notice sent by email shall be deemed to have been received twelve (12) hours after the time it was sent or the commencement of normal business hours on the next working day at its destination if sent outside business hours at such destination. (c) This Agreement may be executed in any number of counterparts and by the parties to it on separate counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. A counterpart signature page of this Agreement executed by a party and sent by facsimile or transmitted electronically in either Tagged Image Format Files (TIFF) or Portable Document Format (PDF) shall be treated as an original, fully binding and with full legal force and effect, and the parties waive any rights they may have to object to such treatment. The Agreement is not effective until each party has executed at least one counterpart.