Arbitration; Jurisdiction and Venue. For emergency relief, injunctive or otherwise, the parties hereby consent to the exclusive jurisdiction of the Supreme Court, State of New York or the Federal District Court of the Eastern District of New York and waive personal service of any and all process upon them and consent that all such service of process be made by registered or certified mail directed to them at the address stated herein and service so made shall be deemed to be completed five (5) days after mailing. The parties waive trial by jury and waive any objection to, and agree not to assert any defense based on the lack of, jurisdiction and venue, and consent to the granting of such legal or equitable relief as is deemed appropriate by the court. Except with respect to any such emergency relief, at the sole and exclusive option and discretion of Buyer, any other controversy or claim arising out of or relating to this Agreement, or any breach thereof, shall be settled in White Plains, New York in accordance with the Rules of the American Arbitration Association (as modified below), and judgment upon the award may be entered in any court having jurisdiction thereof. The arbitration panel shall be made up of three members, one of which shall be appointed by Buyer, one by Seller, and one by the other two arbitrators. Each arbitrator shall be an attorney experienced in matters relating to real estate and mortgage banking. Discovery shall be permitted in connection with the arbitration proceeding within the reasonable discretion of the arbitration panel. The decision (award) shall be in writing and shall set forth the rationale and legal basis therefor and such decision may be appealed by either party if it believes that the written decision (award) is based upon an error of law. The facts as determined by the original panel will be final and no appeal of such findings may be made. Such appeal shall be taken to a three-member arbitration panel, the members of which shall be selected in accordance with the above-described procedures and the panel's review shall be limited to the application of the statutory and decisional law of the State of New York (as modified by Article X(K) above) to the facts of the dispute as determined in writing by the original arbitration panel.
Arbitration; Jurisdiction and Venue. Any dispute involving the interpretation or application of any provision of this Agreement or any matter relating to the operation of the Partnership shall be submitted to binding arbitration in New York, New York or Wilmington, Delaware, in accordance with the rules of the American Arbitration Association to the extent not inconsistent with the Delaware Uniform Arbitration Act, 10 Del. Co., Section 5701, et seq. Any action to compel arbitration or enforce an arbitration award may be brought in the United States District Court for the District of Delaware or any Delaware State Court having jurisdiction over the subject matter of the dispute or matter. All Partners hereby consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding.
Arbitration; Jurisdiction and Venue. (a) Except as described in Section 9.2(m), any dispute arising out of or related to this Agreement or any breach or alleged breach hereof (collectively referred to herein as a “dispute”) shall be exclusively decided by binding arbitration before a single arbitrator in the State of Delaware, pursuant to and in accordance with the terms and provisions of the Arbitration Protocol (as defined below). The Company, GHTI, Equitex and Merger Sub hereby irrevocably waive their respective right, if any, to have any disputes between them arising out of or related to this Agreement decided in any jurisdiction or venue other than by binding arbitration pursuant to the Arbitration Protocol. Each party understands that its agreement to submit to binding arbitration pursuant to the Arbitration Protocol, and its other covenants under this Article 9 is material consideration and inducement for the other to enter into this Agreement. As a consequence of this paragraph, each party shall have the right, in its sole discretion, to: (i) arbitrate any dispute it may have with such other party; or (ii) remove any complaint previously served and filed with a court by such other party to be resolved the underlying dispute by arbitration hereunder. In any arbitration hereunder, the arbitrator shall have the power and authority to issue temporary and permanent awards of injunctive and equitable relief. In any arbitration hereunder, a party may, pending the appointment of an arbitrator, seek temporary injunctive and equitable relief from a State court in Delaware.
Arbitration; Jurisdiction and Venue. Except as provided below, any dispute or claim between the parties shall be finally settled by binding arbitration in Seattle, Washington under the Rules of the American Arbitration Association by a single arbitrator who is knowledgeable about the development, distribution, and licensing of computer software or technology, as appropriate. In resolving all such disputes, the arbitrator shall apply the law of the State of Washington as more fully set forth in Section 16. Developer may, however, at its option, seek a temporary restraining order, preliminary injunction, permanent injunction and any other form of equitable relief from any court having jurisdiction over the subject matter and personal jurisdiction over Distributor. Distributor hereby consents to and submits to the jurisdiction of federal and state courts located in the State of Washington. Should any such action be commenced in the State of Washington, Distributor agrees not to assert, and hereby waives, any defenses based on improper venue, inconvenience of the forum, lack of personal jurisdiction or sufficiency of service of process or the like. Distributor hereby appoints the Secretary of State of the State of Washington as Distributor's agent for service of process.
Arbitration; Jurisdiction and Venue. (a) Except as provided in Section 9.11(b), any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be three. The seat of arbitration shall be Helsinki. The language of the arbitration shall be English.
Arbitration; Jurisdiction and Venue. (a) Any dispute, controversy, or claim arising out of or in relation to this Agreement, including the validity, invalidity, breach, or termination thereof, shall be exclusively resolved by arbitration in accordance with rules of arbitration of the American Arbitration Association in force on the date when the request for arbitration is submitted in accordance with such rules. The number of arbitrators shall be three (3), appointed in accordance with said rules. The seat of the arbitration shall be New York, New York, United States. The arbitration proceedings shall be conducted in the English language.
Arbitration; Jurisdiction and Venue. (i) THE PARTIES HAVE AGREED TO THE RESOLUTION BY ARBITRATION OF ALL CLAIMS PURSUANT TO THE ARBITRATION COVENANT AS SET FORTH IN THE STOCK PURCHASE AGREEMENT, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE.
Arbitration; Jurisdiction and Venue. 14.1 Except as otherwise provided in this Section 14, with respect to any cause of action or claim arising out of or related to this Agreement (including any claim that either party has violated this Agreement or regarding its enforceability), the parties will attempt to resolve the dispute through mediation. If the parties are unsuccessful in voluntarily resolving the dispute through mediation within 3 months, the parties agree that the cause of action or claim arising out of this Agreement will be determined through final and binding arbitration, rather than through litigation in court.
Arbitration; Jurisdiction and Venue. 14.1 Except as otherwise provided in this Section 14, any cause of action or claim arising out of or related to this Agreement (including any claim that either party has violated this Agreement or regarding its enforceability) will be determined through final and binding arbitration, rather than through litigation in court, in accordance with CTM H200 USHR 2-32.
Arbitration; Jurisdiction and Venue. (a) Any dispute between Licensor and Licensee under or related to this agreement shall, subject to paragraph (b), below, be resolved by binding arbitration in Jacksonville, Florida, pursuant to the rules, then obtaining, of the American Arbitration Association. Upon the request of either party upon initiation of arbitration on any issue, or upon request of either party made within 10 days after receiving demand for arbitration as to /s/ [ILLEGIBLE] TTL Inventor /s/ [ILLEGIBLE] --------------- ---------------