DISPUTES; ARBITRATION definition

DISPUTES; ARBITRATION. With regard to any territorial disputes between Distributor and vertical value added resellers involving End-Users, prospects, or territory definitions, ONYX shall be the sole source of dispute resolution. Distributor agrees that all decisions made by ONYX with regard to Territories will be binding and that Distributor will comply with all decisions. Distributor irrevocably waives any claims it may have against ONYX in this regard. Exhibit A 14 EXHIBIT B ONYX SOFTWARE LICENSE AGREEMENT Exhibit B 15 EXHIBIT C PRICING TO DISTRIBUTOR/REVENUE TARGETS PRODUCT(S) PRICING: During the term of this Agreement Distributor may order Product(s) from ONYX in accord with the terms and conditions of this Agreement at ONYX's then-current list price, as established by ONYX from time to time, reduced by the Discount Rate listed in the table below. The Tier 1 Discount Rate shall apply to Product license fees until such time as license fees paid by Distributor to ONYX during any calendar year exceed the amount listed in Tier 1 in the table below. Distributor may then order additional Product(s) from ONYX during that calendar year at the Tier 2 Discount Rate. After such time as license fees paid by Distributor to ONYX during that same calendar year exceed the amount listed in Tier 2 in the table below, Distributor may order additional Product(s) from ONYX during that calendar year at the Tier 3 Discount Rate. ??? ???? ????? --------------------------------------------------------- 1 20% $0 to $500,000 --------------------------------------------------------- 2 25% $501,000 to $750,000 --------------------------------------------------------- 3 30% $751,000+ --------------------------------------------------------- MAINTENANCE PRICING: For each End-User to whom Distributor provides Maintenance services, Distributor shall pay to ONYX 18% of the then-current US Product license fees for the Product(s) provided to the End-User. In the event that Distributor issues a purchase order for Product(s) exceeding $199,999 in license fees for one End-User, Maintenance fees associated with that order shall be entitled to the Discount Rate applied to that license. In exchange for the fees detailed herein, Distributor shall receive the following services from ONYX: o Rollout support. ONYX shall provide direct support to End-Users for sixty (60) days after execution of the ONYX Software License Agreement. o Third level support. ONYX shall provide Distributor with telephone support from 9am to 5p...

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

DISPUTES; ARBITRATION. Any controversy or claim arising out of, or relating to, any provisions of this Agreement, or breach thereof, shall be referred for resolution to GTC's Chief Executive Officer, or his or her designee, and to PHARMING's Chief Executive Officer, or his or her designee. If the parties' respective officers, or their designees cannot reach a resolution of the dispute within sixty (60) days, then the dispute shall be finally settled by binding arbitration under the rules of the World Intellectual Property Organization ("WIPO") Arbitration Rules, effective from October 1, 1994 in the London Court of International Arbitration ("LCIA") in London, England. The parties also agree as follows with respect to such arbitration: (a) The Arbitration proceedings shall be before a panel of three (3) arbitrators, one of such arbitrators to be selected by GTC, one of such arbitrators to be selected by PHARMING, and a third to be selected by the other two; (b) Both legal and equitable remedies shall be available to the arbitrators. If London is inconvenient to GTC or PHARMING the arbitration shall be held at such other location as GTC and PHARMING may reasonably agree; (c) Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; (d) GTC and PHARMING shall each bear its own costs, including the costs of the Arbitration; (e) If GTC or PHARMING fails to select an arbitrator within thirty (30) days after receiving notice of arbitration from the other party, then such party shall forfeit its right to select an arbitrator, and such arbitrator shall be selected by the LCIA; and (f) Pursuant to Article 40 of the WIPO arbitration rules the language of the arbitration shall be English.

DISPUTES; ARBITRATION. All disputes arising out of or in connection with this SOFTWARE LICENSE AGREEMENT shall be finally resolved by binding arbitration in Philadelphia, Pennsylvania USA in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The Parties agree that this SOFTWARE LICENSE AGREEMENT, and any and all tort claims that may arise in connection with the SOFTWARE, will be governed by the substantive laws of the Commonwealth of Pennsylvania USA, excluding the Convention on Contracts for the International Sale of Goods and that body of law known as conflicts of laws.

Examples of DISPUTES; ARBITRATION in a sentence

THIS INDIVIDUAL DISPUTES ARBITRATION PROCESS IS FOR THE SOLE PURPOSE OF STREAMLINING AND RESOLVING DISPUTES OR CLAIMS DURING CONSTRUCTION AND SHALL BE REQUESTED ON SPECIFIC INDIVIDUAL ITEMS BY THE DISTRICT PRIOR TO RETENTION PAYMENT (EVEN IF THERE ARE DEDUCTIONS MADE FROM RETENTION PAYMENT) WHICH REPRESENTS THE FINAL COMPLETION OF THE PROJECT.
UPON DEMAND OF ANY PARTY HERETO, WHETHER MADE BEFORE OR AFTER INSTITUTION OF ANY JUDICIAL PROCEEDING, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE LOAN DOCUMENTS BETWEEN PARTIES HERETO (A "DISPUTE") SHALL BE RESOLVED BY BINDING ARBITRATION CONDUCTED UNDER AND GOVERNED BY THE COMMERCIAL FINANCIAL DISPUTES ARBITRATION RULES (THE "ARBITRATION RULES") OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") AND THE FEDERAL ARBITRATION ACT.
BY PARTICIPATING IN A TEXT MESSAGE CAMPAIGN YOU ARE AGREEING TO THE DISPUTES, ARBITRATION AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY.
ALL DISPUTES OR CLAIMS PERTAINING TO THE SERVICE, A SERVICE ACCOUNT OR THE RELATIONSHIPS THAT ARISE THERE FROM, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, SHALL BE RESOLVED BY BINDING ARBITRATION UNDER THE EXPEDITED PROCEDURES OF THE COMMERCIAL FINANCIAL DISPUTES ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) AND THE FEDERAL ARBITRATION ACT IN TITLE 9 OF THE US CODE.
UPON DEMAND OF ANY PARTY HERETO, WHETHER MADE BEFORE OR AFTER INSTITUTION OF ANY JUDICIAL PROCEEDING, ANY CLAIM OR CONTROVERSY ARISING OUT OF, OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENTS ("DISPUTES") BETWEEN OR AMONG ANY SUCH PARTIES SHALL BE RESOLVED BY BINDING ARBITRATION CONDUCTED UNDER AND GOVERNED BY THE COMMERCIAL FINANCIAL DISPUTES ARBITRATION RULES (THE "ARBITRATION RULES") OF THE AMERICAN ARBITRATION ASSOCIATION (THE "AAA") AND THE FEDERAL ARBITRATION ACT.
THIS INDIVIDUAL DISPUTES ARBITRATION PROCESS IS FOR THE SOLE PURPOSE OF STREAMLINING AND RESOLVING DISPUTES OR CLAIMS DURING CONSTRUCTION AND SHALL BE REQUESTED ON SPECIFIC INDIVIDUAL ITEMS BY THE OWNER PRIOR TO RETENTION PAYMENT (EVEN IF THERE ARE DEDUCTIONS MADE FROM RETENTION PAYMENT) WHICH REPRESENTS THE FINAL COMPLETION OF THE PROJECT.
ARBITRATION SHALL BE CONDUCTED UNDER THE COMMERCIAL FINANCIAL DISPUTES ARBITRATION RULES (THE "ARBITRATION RULES") OF THE AMERICAN ARBITRATION ASSOCIATION AND TITLE 9 OF THE U.S. CODE.
THIS INDIVIDUAL DISPUTES ARBITRATION PROCESS IS FOR THE SOLE PURPOSE OF STREAMLINING AND RESOLVING CLAIMS DURING CONSTRUCTION AND SHALL BE REQUESTED ON SPECIFIC INDIVIDUAL ITEMS BY THE DISTRICT PRIOR TO THE RELEASE OF THE RETENTION PAYMENT (EVEN IF THERE ARE DEDUCTIONS MADE FROM THE RETENTION PAYMENT) WHICH REPRESENTS THE FINAL COMPLETION OF THE PROJECT.
BY PARTICIPATING IN A TEXT MESSAGE CAMPAIGN YOU ARE AGREEING TO THE DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY.
ARBITRATION SHALL 98 105 BE CONDUCTED UNDER AND GOVERNED BY THE COMMERCIAL FINANCIAL DISPUTES ARBITRATION RULES (THE "ARBITRATION RULES") OF THE AMERICAN ARBITRATION ASSOCIATION (THE "AAA"), AS IN EFFECT FROM TIME TO TIME, AND THE FEDERAL ARBITRATION ACT, TITLE 9 OF THE U.S. CODE, AS AMENDED.