Common use of Arbitration, Jurisdiction and Venue Clause in Contracts

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.

Appears in 3 contracts

Samples: Distribution Agreement (Eacceleration Corp), Distribution Agreement (Eacceleration Corp), Distribution Agreement (Eacceleration Corp)

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