ARBITRATION; LITIGATION. Any controversy or claim arising out of or relating to this License shall be resolved by binding arbitration in accordance with the rules of the California Code of Civil Procedure, Section 1080 et. seq. The arbitration shall be conducted in Sacramento, California. The substantially prevailing party in any arbitration under this License shall be entitled to recover from the other as part of the arbitration award reasonable costs and fees including reasonable attorneys’ fees. Any arbitration award may be enforced by a court of competent jurisdiction in accordance with applicable law. In the event legal action to enforce the arbitration award is necessary the substantially prevailing party shall be entitled to recover its costs and expenses, including reasonable attorneys’ fee in such action and in any appeals therefrom or reviews thereof.
Appears in 2 contracts
Sources: Systems Use and Sub License Agreement, Systems Use and Sub License Agreement