Dispute Resolution, Consent to Arbitration and Venue. Peak and Aksys agree that upon the written demand of either party, whether made before or after the institution of any legal proceedings, but prior to the rendering of any judgment in that proceeding, all disputes, claims, and controversies between them (but excluding disputes, claims and controversies in which a third party is a necessary party), arising from this Agreement, including without limitation contract disputes and tort claims, shall be arbitrated in the metropolitan area which is chosen by the defendant, pursuant to the Commercial Rules of the American Arbitration Association by a panel of three arbitrators. All expenses of such arbitration shall be borne equally by the parties. Any arbitration decision shall be final and not subject to appeal unless the parties mutually agree otherwise in writing before a final decision by the panel of arbitrators. Any arbitration order or award may be enforceable in an appropriate court as provided herein. Each party shall select one arbitrator and those two arbitrators shall select the third arbitrator to form the panel. Each party reserves the right, notwithstanding the foregoing, to seek equitable relief in a court of competent jurisdiction in any appropriate state or federal court. The prevailing party in any arbitration or court proceeding is entitled to be reimbursed for any and all reasonable attorney’s fees, expert fees, and costs of suit from the losing party.
Dispute Resolution, Consent to Arbitration and Venue. The parties agree that upon the written demand of either party, whether made before or after the institution of any legal proceedings, but prior to the rendering of any judgment in that proceeding, all disputes, claims, and controversies between them (but excluding disputes, claims and controversies in which a third party is a necessary party), arising from this Agreement, including without limitation contract disputes and tort claims, shall be arbitrated in either San Francisco County, San Mateo County, or Santa Cxxxx County, California, at the election of the party seeking arbitration, pursuant to the Commercial Rules of the American Arbitration Association by a panel of three arbitrators. The provisions of California Code of Civil Procedure Section 1283.05 shall apply to any such arbitration. All expenses of such arbitration shall be borne equally by the parties, except as otherwise provided below. Any arbitration decision shall be final and non-appealable unless the parties mutually agree otherwise in writing before a final decision by the panel of arbitrators. Any arbitration order or award may be enforceable in an appropriate court as provided herein. Each party shall select one arbitrator and those two arbitrators shall select the third arbitrator to form the panel. Each party reserves the right, notwithstanding the foregoing, to seek equitable relief in a court of competent jurisdiction in any appropriate state or federal court. The prevailing party in any arbitration or court proceeding is entitled to be reimbursed for any and all reasonable attorney’s fees, expert fees, and costs of suit from the losing party. The Supplier acknowledges and agrees that damages will not be an adequate remedy in the event of any breach of any of the Supplier’s confidentiality or Intellectual Property related obligations under this Agreement. Accordingly, the Supplier agrees that SSI shall be entitled (without limitation of any other rights or remedies otherwise available to SSI and without the necessity of posting a bond) to obtain an injunction from any court of competent jurisdiction prohibiting the occurrence, continuance, or recurrence of any breach of this Agreement.
