ARBITRATION; CHOICE OF LAW. This Agreement shall be governed by California law, without regard to principles of conflicts of laws. Any dispute relating to this Agreement shall be subjected to binding arbitration in Santa Xxxxx County, California in accordance with the then effective rules of the American Arbitration Association (the "AAA"). The arbitration shall occur before an arbitrator, as selected and reasonably agreed upon by the Parties; provided that if the Parties cannot agree upon an arbitrator then the rules of the AAA with respect to selection of arbitrators shall govern. The costs of the arbitration are to be borne equally by the Parties, except that each Party shall bear its own attorneys' fees. The decision of the arbitrator shall be final and binding, set forth in an opinion, and enforceable by any court of competent jurisdiction. The prevailing Party shall be entitled to reimbursement of its attorneys' fees and costs. Nothing herein shall preclude the Parties from submitting any dispute or claim at any time to mediation upon mutual consent of the Parties.
ARBITRATION; CHOICE OF LAW. Venue; and Attorney’s Fees. Any controversy or claim arising out of or relating to this Lease, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration rules and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be in Hartford County in the State of Connecticut. This Lease shall be governed by and interpreted in accordance with the laws of the State of Connecticut, excluding its conflict of law principles. All fees and expenses shall be borne by the parties equally. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation of proofs. The prevailing party shall be entitled to an award of reasonable attorney’s fees and costs and the arbitrator(s) shall be authorized to award such amounts. POSTAGE METER RENTAL AGREEMENT
ARBITRATION; CHOICE OF LAW. This Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the parties hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of California without regard to principles of conflict of laws. In the event of a dispute, the parties agree to binding arbitration in Orange County, California under the Rules of Comprehensive Arbitration before the Judicial Arbitration and Mediation Service ("JAMS"). The prevailing party shall be entitled to recover reasonable attorney fees and costs.
ARBITRATION; CHOICE OF LAW. (a) Any dispute, controversy, difference or claim arising out of or in connection with this Agreement, or the breach, termination or validity thereof, which cannot be amicably resolved by the parties within thirty (30) calendar days after receipt by a party of written notice from any other party that such a dispute, controversy, difference or claim exists shall be settled by final and binding arbitration conducted in Atlanta, Georgia in accordance with the International Arbitration Rules of the American Arbitration Association (the "AAA Rules"). The disputes shall be settled by three arbitrators; the Buyer Group and the Seller Group each shall select an arbitrator, which two arbitrators shall then select the third arbitrator and appoint the presiding arbitrator. Should the third arbitrator fail to be appointed within thirty (30) calendar days after the date of the appointment of the last arbitrator selected by the Buyer Group and the Seller Group, the American Arbitration Association domiciled in Atlanta, Georgia, may choose any person whom it deems suitable. In the event that either the Buyer Group or the Seller Group fails to nominate its respective arbitrator within thirty (30) calendar days of receipt of notice for arbitration issued by the other, such arbitrator shall be nominated by the American Arbitration Association upon request.
ARBITRATION; CHOICE OF LAW. Executive acknowledges that any and all claims arising under the Employment Agreement or this Agreement are subject to the arbitration provisions of Section 18 of the Employment Agreement. Executive and the Company acknowledge and agree that this Agreement shall be interpreted in accordance with Arizona law excluding Arizona’s choice of law rules.
ARBITRATION; CHOICE OF LAW. Any dispute arising out of this Agreement or the subject matter therein, shall be submitted to final and binding arbitration by three (3) independent arbitrators pursuant to the Commercial Arbitration Rules of the American Arbitration Association (AAA). All arbitrators shall be experienced in computer technology and intellectual property law matters. The arbitration shall be conducted in the United States city selected by the party not initiating the arbitration process. This Agreement and the arbitration proceedings shall be governed by the laws of the State of Georgia, exclusive of the provisions governing conflict of laws. Before initiating arbitration, it is understood but not required that the parties shall use their best endeavors for a period of thirty (30) days from written notice of a dispute to amicably resolve any dispute or difference arising from this Agreement. Judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. Nothing contained in this Section 7.9 shall delay, restrict or hinder Vendor in any way from exercising its rights and/or pursuing its remedies as provided under Section 7.8.
ARBITRATION; CHOICE OF LAW. 11.1 Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity of any such agreement hereunder shall be finally settles by the arbitration in accordance with the Arbitration Rules of the Finnish Central Chamber of Commerce. The arbitration shall be held in Helsinki and the arbitration proceedings shall be conducted in the English language, the arbitrators shall be three in number and appointed by the Board of Arbitration of the Central Chamber of Commerce in Finland.
ARBITRATION; CHOICE OF LAW. COSTS. THE PARTIES HERETO AGREE TO SUBMIT ALL CONTROVERSIES TO ARBITRATION IN ACCORDANCE WITH THE PROVISIONS SET FORTH BELOW AND UNDERSTAND THAT (A) ARBITRATION IS FINAL AND BINDING ON THE PARTIES, (B) THE PARTIES ARE WAIVING THEIR RIGHTS TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL, (C) PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED AND DIFFERENT FROM COURT PROCEEDINGS, (D) THE ARBITRATOR'S AWARD IS NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL REASONING AND ANY PARTY'S RIGHT TO APPEAL OR TO SEEK MODIFICATION OF RULES BY ARBITRATORS IS STRICTLY LIMITED, (E) THE PANEL OF NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. (THE "NASD") ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY, AND (F) ALL CONTROVERSIES WHICH MAY ARISE BETWEEN THE PARTIES CONCERNING THIS AGREEMENT SHALL BE DETERMINED BY ARBITRATION PURSUANT TO THE RULES THEN PERTAINING TO THE NASD. JUDGMENT ON ANY AWARD OF ANY SUCH ARBITRATION MAY BE ENTERED IN THE SUPREME COURT OF THE STATE OF NEW YORK OR IN ANY OTHER COURT HAVING JURISDICTION OVER THE PERSON OR PERSONS AGAINST WHOM SUCH AWARD IS RENDERED. THE PARTIES AGREE THAT THE DETERMINATION OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON THEM. THE PREVAILING PARTY, AS DETERMINED BY SUCH ARBITRATORS, IN A LEGAL PROCEEDING SHALL BE ENTITLED TO COLLECT ANY COSTS, DISBURSEMENTS AND REASONABLE ATTORNEY'S FEES FROM THE OTHER PARTY.
ARBITRATION; CHOICE OF LAW. (a) Any dispute, controversy or claim, whether based on contract, tort, statute or other legal theory (including, but not limited to, any claim of fraud or misrepresentation), arising out of or related to this Agreement, shall be resolved by arbitration pursuant to this Section 9.5 and the then-current Commercial Rules and supervision of the American Arbitration Association. The duty to arbitrate shall extend to any officer, employee, shareholder, principal, agent, trustee in bankruptcy or otherwise, affiliate, subsidiary, third-party beneficiary or guarantor, of a party hereto making or defending any claim which would otherwise be arbitrable hereunder.
ARBITRATION; CHOICE OF LAW. PLEASE READ CAREFULLY AS THIS AFFECTS YOUR RIGHTS. BECAUSE YOUR USE OF SERVICES REQUIRES THAT YOU CONSENT TO ARBITRATION OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE YOUR CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF THAT PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. IF ANY COURT WERE TO FIND THAT THE ARBITRATION CLAUSE WERE UNENFORCEABLE FOR ANY REASON, THEN YOU AGREE TO PURSUE YOUR CLAIM EXCLUSIVELY IN A STATE OR FEDERAL COURT IN MINNEAPOLIS, MINNESOTA, AND AGREE THAT A JUDGE RATHER THAN A JURY IS TO ADJUDICATE YOUR CLAIM.
