Arbitration Mandatory. Any of the following disputes which may arise between the Parties during the term of this Agreement, after the termination thereof, or following the liquidation or dissolution of the Company, upon failure by the Parties to amicably resolve same after mutual good faith negotiations, shall be exclusively settled by arbitration: 9.1.1 a dispute as to whether a Default exists; 9.1.2 a dispute as to whether a Default entitles the non-defaulting Party to terminate this Agreement; 9.1.3 a dispute as to the validity of this Article 9; 9.1.4 a dispute relating to the construction, meaning, interpretation, application or effect of this Agreement or anything contained herein; 9.1.5 a dispute as to the rights, obligations or liabilities of the Parties hereunder. Such arbitration proceedings shall be conducted in English and shall be carried on in the City of Brussels or any other place mutually agreeable to the Parties, under the UNCITRAL Arbitration Rules. In such proceedings, the laws of England shall apply. Judgment upon the award rendered by the arbitrator, including an award concerning the payment of costs, attorneys’ fees, and expenses of the arbitration proceedings, may be entered in any court of competent jurisdiction. Notwithstanding anything to the contrary set forth in this Agreement, no matter shall be referred to or settled by Arbitration which is: (a) based upon a Party’s violation of the provisions of this Agreement relating to TP Trade Secrets or Corporate Opportunity, the remedies for which are set forth in Articles 5 and/or 6 hereof (b) expressed in this Agreement to be agreed upon by or determined with the consent or approval of both Parties.
Appears in 1 contract
Sources: Joint Venture Agreement (Northern Technologies International Corp)
Arbitration Mandatory. Any of the following disputes which may arise between the Parties during the term of this Agreement, after the termination thereof, or following the liquidation or dissolution of the Company, upon failure by the Parties to amicably resolve same after mutual good faith negotiations, shall be exclusively settled by arbitration:
9.1.1 a dispute as to whether a Default exists;
9.1.2 a dispute as to whether a Default entitles the non-defaulting Party to terminate this Agreement;
9.1.3 a dispute as to the validity of this Article 9;
9.1.4 a dispute relating to the construction, meaning, interpretation, application or effect of this Agreement or anything contained herein;
9.1.5 a dispute as to the rights, obligations or liabilities of the Parties hereunder. Such arbitration proceedings shall be conducted in English and shall be carried on in the City of Brussels or any other place mutually agreeable to the Parties, under the UNCITRAL Arbitration Rules. In such proceedings, the laws of England shall apply. Judgment upon the award rendered by the arbitrator, including an award concerning the payment of costs, attorneys’ fees, and expenses of the arbitration proceedings, may be entered in any court of competent jurisdiction. Notwithstanding anything to the contrary set forth in this Agreement, no matter shall be referred to or settled by Arbitration which is:
(a) based upon a Party’s violation of the provisions of this Agreement relating to TP NTI Trade Secrets or Corporate Opportunity, the remedies for which are set forth in Articles 5 and/or and 6 hereof.
(b) expressed in this Agreement to be agreed upon by or determined with the consent or approval of both Parties.
Appears in 1 contract
Sources: Joint Venture Agreement (Northern Technologies International Corp)
Arbitration Mandatory. Any of the following disputes which may arise between the Parties during the term of this Agreement, after the termination thereof, or following the liquidation or dissolution of the Company, upon failure by the Parties amicably to amicably resolve same after mutual good faith negotiations, shall be exclusively settled by arbitration:
9.1.1 18.1.1 a dispute as to whether a Default exists;
9.1.2 18.1.2 a dispute as to whether a Default entitles entities the non-defaulting Party to terminate this Agreement;
9.1.3 18.1.3 a dispute as to the validity of this Article 918;
9.1.4 18.1.4 a dispute relating to the construction, meaning, interpretation, application or effect of this Agreement or anything contained herein;
9.1.5 18.1.5 a dispute as to the rights, obligations or liabilities of the Parties hereunder. Such arbitration proceedings shall be conducted in English and shall be carried on in the City of Brussels or any other place mutually agreeable to the Parties, under the UNCITRAL Arbitration Rules. In such proceedings, the laws of England shall apply. Judgment upon the award rendered by the arbitrator, including an award concerning the payment of costs, attorneys’ fees, and expenses of the arbitration proceedings, may be entered in any court of competent jurisdiction. Notwithstanding anything to the contrary set forth in this Agreement, no matter shall be referred to or settled by Arbitration which is:
(a) based upon a Party’s violation of the provisions of this Agreement relating to NTI Trade Secrets, TP Trade Secrets or Corporate Opportunity, the remedies for which are set forth in Articles 5 and/or 6 12, 13 and 14 hereof
(b) expressed in this Agreement to be agreed upon by or determined with the consent or approval of both Parties.
Appears in 1 contract
Sources: Joint Venture Agreement (Northern Technologies International Corp)