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. 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. With respect to any controversy, argument or claim arising out of or relating to this Agreement, or any breach thereof (including, but not limited to, a request for emergency relief), the parties hereby consent to the exclusive jurisdiction of the Court of Common Pleas of Montgomery Countx, Xxxxxxxvania or the Federal District Court for the Eastern District of Pennsylvania and waive personal service of any and all process upon them and consent that all such service of process 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 jurisdiction and venue of any action instituted hereunder, agree not to assert any defense based on lack of jurisdiction or venue and consent to the granting of such legal or equitable relief as is deemed appropriate by the court, including, but not limited to, any emergency relief, injunctive or otherwise. However, anything to the contrary notwithstanding, except with respect to emergency relief, Buyer shall have the sole and exclusive option and discretion to have any controversy, argument or claim arising out of or relating to this Agreement, or any breach thereof, settled in Philadelphia, Pennsylvania 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 which shall be appointed: one by Buyer, one by Seller and the third by the first two arbitrators. Each arbitrator shall be a lawyer 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 the part believes that the written decision (award) is based upon an error of law. The facts 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 Commonwealth of Pennsyl...
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. Any controversy or claim between the parties arising out of or relating to this Agreement or any alleged breach thereof shall be resolved by arbitration conducted in greater Seattle, Washington in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect by a single arbitrator knowledgeable about the development, distribution and licensing of computer software. Either party may submit such controversy or claim for arbitration by giving written notice. The arbitrator shall apply the law of the State of California as more fully set forth in Section 15.05. The decision of the arbitrator, including, without limitation, with respect to specific performance of this Agreement shall be final and binding upon the parties. The parties may seek from the court a provisional remedy in connection with an arbitrable controversy or claim and such application to the court shall not waive any right of arbitration. The prevailing party in any such arbitration shall be entitled to recover from the non prevailing party in addition to all other relief, all reasonable costs and expenses, including, without limitation, attorneys fees and expert witness fees, actually incurred by such party in connection with such arbitration. Each of the parties, by executing this Agreement, unconditionally submits to the jurisdiction of the courts of the State of Washington and of the United States with respect to the enforcement of this provision or any arbitration award hereunder and agrees to accept service of process in California.
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
