Common use of DISPUTE RESOLUTION, JURISDICTION AND VENUE Clause in Contracts

DISPUTE RESOLUTION, JURISDICTION AND VENUE. If there is a dispute between the parties (whether or not the dispute arises out of or relates to this Agreement), the parties agree that they will first attempt to resolve the dispute through one senior management member of each party. If they are unable to do so within sixty (60) days after the complaining party's written notice to the other party, the parties will then seek to resolve the dispute through non- binding mediation conducted in Beijing, PRC. Each party must bear its own expenses in connection with the mediation and must share equally the fees and expenses of the mediator. If the parties are unable to resolve the dispute within sixty (60) days after commencing mediation, such disputes or differences shall be resolved by binding arbitration under the CIETAC Arbitration Rules in force at the relevant time, as amended by this Section, in the English language, before a single arbitrator selected by the parties hereto or, in the absence of agreement, by the chief executive officer for the time being of CIETAC. The arbitrator shall not be a US or PRC national unless otherwise agreed upon by the parties in writing. The parties shall be entitled to legal representation in such arbitration proceedings. Notwithstanding the foregoing, Apple may, at its discretion, take action in any forum it sees fit, including the courts of PRC, to recover trade debt or protect any copyright, trade xxxx, design, patent, confidential information or other intellectual property right claimed by Apple from time to time. The parties hereby waive, to the extent applicable, any bond requirements for obtaining equitable relief. SELLER SHALL BE REQUIRED TO PROVIDE FORMAL NOTICE OF INTENTION TO ARBITRATE NO LATER THAN THIRTY (30) DAYS AFTER THE AFOREMENTIONED SIXTY (60) DAY WINDOW EXPIRES. SELLER HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHTS WITH RESPECT TO ANY DISPUTE OR CONTROVERSY AS TO WHICH SELLER FAILS TO PROVIDE THE APPLICABLE DISPUTE NOTICE REQUIRED HEREUNDER WITHIN SUCH TIME PERIOD OF THIRTY (30) DAYS. IN ADDITION, ANY LITIGATION ARISING OUT OF ANY DISPUTE OR CONTROVERSY BETWEEN THE PARTIES TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE FIRST DATE SUCH ACTION COULD HAVE BEEN BROUGHT. IF A LONGER PERIOD IS PROVIDED BY STATUTE, THE PARTIES HEREBY EXPRESSLY WAIVE IT. The parties irrevocably submit to the exclusive jurisdiction of those courts and agree that final judgment in any action or proceeding brought in such courts will be conclusive and may be enforced in any other jurisdiction by suit on the judgment (a certified copy of which will be conclusive evidence of the judgment) or in any other manner provided by law. Process served personally or by registered mail, return receipt requested, will constitute adequate service of process in any such action, suit or proceeding. Each party irrevocably waives to the fullest extent permitted by applicable law (i) any objection it may have to the laying of venue in any court referred to above; (ii) any claim that any such action or proceeding has been brought in an inconvenient forum; and (iii) any immunity that it or its assets may have from any suit, execution, attachment (whether provisional or final, in aid of execution, before judgment or otherwise) or other legal process.

DISPUTE RESOLUTION, JURISDICTION AND VENUE. If there is a dispute between the parties (whether or not the dispute arises out of or relates to this Agreement), the parties agree that they will first attempt to resolve the dispute through one senior management member of each party. If they are unable to do so within sixty (60) days after the complaining party's written notice to the other party, the parties will then seek to resolve the dispute through non- binding mediation conducted in Beijing, PRC. Each party must bear its own expenses in connection with the mediation and must share equally the fees and expenses of the mediator. If the parties are unable to resolve the dispute within sixty (60) days after commencing mediation, such disputes or differences shall be resolved by binding arbitration under the CIETAC Arbitration Rules in force at the relevant time, as amended by this Section, in the English language, before a single arbitrator selected by the parties hereto or, in the absence of agreement, by the chief executive officer for the time being of CIETAC. The arbitrator shall not be a US or PRC national unless otherwise agreed upon by the parties in writing. The parties shall be entitled to legal representation in such arbitration proceedings. Notwithstanding the foregoing, Apple may, at its discretion, take action in any forum it sees fit, including the courts of PRC, to recover trade debt or protect any copyright, trade xxxxmark, design, patent, confidential information or other intellectual property right claimed by Apple from time to time. The parties hereby waive, to the extent applicable, any bond requirements for obtaining equitable relief. SELLER SHALL BE REQUIRED TO PROVIDE FORMAL NOTICE OF INTENTION TO ARBITRATE NO LATER THAN THIRTY (30) DAYS AFTER THE AFOREMENTIONED SIXTY (60) DAY WINDOW EXPIRES. SELLER HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHTS WITH RESPECT TO ANY DISPUTE OR CONTROVERSY AS TO WHICH SELLER FAILS TO PROVIDE THE APPLICABLE DISPUTE NOTICE REQUIRED HEREUNDER WITHIN SUCH TIME PERIOD OF THIRTY (30) DAYS. IN ADDITION, ANY LITIGATION ARISING OUT OF ANY DISPUTE OR CONTROVERSY BETWEEN THE PARTIES TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE FIRST DATE SUCH ACTION COULD HAVE BEEN BROUGHT. IF A LONGER PERIOD IS PROVIDED BY STATUTE, THE PARTIES HEREBY EXPRESSLY WAIVE IT. The parties irrevocably submit to the exclusive jurisdiction of those courts and agree that final judgment in any action or proceeding brought in such courts will be conclusive and may be enforced in any other jurisdiction by suit on the judgment (a certified copy of which will be conclusive evidence of the judgment) or in any other manner provided by law. Process served personally or by registered mail, return receipt requested, will constitute adequate service of process in any such action, suit or proceeding. Each party irrevocably waives to the fullest extent permitted by applicable law (i) any objection it may have to the laying of venue in any court referred to above; (ii) any claim that any such action or proceeding has been brought in an inconvenient forum; and (iii) any immunity that it or its assets may have from any suit, execution, attachment (whether provisional or final, in aid of execution, before judgment or otherwise) or other legal process.

DISPUTE RESOLUTION, JURISDICTION AND VENUE. If there is a dispute between the parties (whether or not the dispute arises out of or relates to this Agreement), the parties agree that they will first attempt to resolve the dispute through one senior management member of each party. If they are unable to do so within sixty (60) days after the complaining party's written notice to the other party, the parties will then seek to resolve the dispute through non- binding mediation conducted in Beijing, PRC. Each party must bear its own expenses in connection with the mediation and must share equally the fees and expenses of the mediator. If the parties are unable to resolve the dispute within sixty (60) days after commencing mediation, such disputes or differences shall be resolved by binding arbitration under the CIETAC Arbitration Rules of China International Economic and Trade Arbitration Commission ("CIETAC") in force at the relevant time, as amended by this Section, in the English language, before a single arbitrator selected by the parties hereto or, in the absence of agreement, by the chief executive officer for the time being of CIETAC. The arbitrator shall not be a US or PRC national unless otherwise agreed upon by the parties in writing. The parties shall be entitled to legal representation in such arbitration proceedings. Notwithstanding the foregoing, Apple may, at its discretion, take action in any forum it sees fit, including the courts of PRC, to recover trade debt or protect any copyright, trade xxxxmark, design, patent, confidential information or other intellectual property right claimed by Apple from time to time. The parties hereby waive, to the extent applicable, any bond requirements for obtaining equitable relief. SELLER SHALL BE REQUIRED TO PROVIDE FORMAL NOTICE OF INTENTION TO ARBITRATE NO LATER THAN THIRTY (30) DAYS AFTER THE AFOREMENTIONED SIXTY (60) DAY WINDOW EXPIRES. SELLER HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHTS WITH RESPECT TO ANY DISPUTE OR CONTROVERSY AS TO WHICH SELLER FAILS TO PROVIDE THE APPLICABLE DISPUTE NOTICE REQUIRED HEREUNDER WITHIN SUCH TIME PERIOD OF THIRTY (30) DAYS. IN ADDITION, ANY LITIGATION ARISING OUT OF ANY DISPUTE OR CONTROVERSY BETWEEN THE PARTIES TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE FIRST DATE SUCH ACTION COULD HAVE BEEN BROUGHT. IF A LONGER PERIOD IS PROVIDED BY STATUTE, THE PARTIES HEREBY EXPRESSLY WAIVE IT. The parties irrevocably submit to the exclusive jurisdiction of those courts and agree that final judgment in any action or proceeding brought in such courts will be conclusive and may be enforced in any other jurisdiction by suit on the judgment (a certified copy of which will be conclusive evidence of the judgment) or in any other manner provided by law. Process served personally or by registered mail, return receipt requested, will constitute adequate service of process in any such action, suit or proceeding. Each party irrevocably waives to the fullest extent permitted by applicable law (i) any objection it may have to the laying of venue in any court referred to above; (ii) any claim that any such action or proceeding has been brought in an inconvenient forum; and (iii) any immunity that it or its assets may have from any suit, execution, attachment (whether provisional or final, in aid of execution, before judgment or otherwise) or other legal process.

DISPUTE RESOLUTION, JURISDICTION AND VENUE. If there is a dispute between the parties (whether or not the dispute arises out of or relates to this Agreement)parties, the parties agree that they will first attempt to resolve the dispute through one senior management member of each partyparty named as a representative of the party to resolve the dispute. If they are unable to do so within sixty (60) 60 days after the complaining party's ’s written notice to the other party, the parties will then seek to resolve the dispute through non- non-binding mediation conducted in BeijingSanta Xxxxx County or San Francisco County, PRCCalifornia. Each party must bear its own expenses in connection with the mediation and must share [CONFIDENTIAL TREATMENT REQUESTED] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Apple-M-FLEX Master Development and Supply Agreement #C56-06-00844 equally the fees and expenses of the mediator. If the parties are unable to resolve the dispute within sixty (60) 60 days after commencing mediation, such disputes or differences shall be resolved by binding arbitration under the CIETAC Arbitration Rules in force at the relevant time, as amended by this Section, either party may commence litigation in the English languagestate or federal courts in Santa Xxxxx County, before a single arbitrator selected by the parties hereto or, in the absence of agreement, by the chief executive officer for the time being of CIETAC. The arbitrator shall not be a US or PRC national unless otherwise agreed upon by the parties in writing. The parties shall be entitled to legal representation in such arbitration proceedings. Notwithstanding the foregoing, Apple may, at its discretion, take action in any forum it sees fit, including the courts of PRC, to recover trade debt or protect any copyright, trade xxxx, design, patent, confidential information or other intellectual property right claimed by Apple from time to time. The parties hereby waive, to the extent applicable, any bond requirements for obtaining equitable relief. SELLER SHALL BE REQUIRED TO PROVIDE FORMAL NOTICE OF INTENTION TO ARBITRATE NO LATER THAN THIRTY (30) DAYS AFTER THE AFOREMENTIONED SIXTY (60) DAY WINDOW EXPIRES. SELLER HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHTS WITH RESPECT TO ANY DISPUTE OR CONTROVERSY AS TO WHICH SELLER FAILS TO PROVIDE THE APPLICABLE DISPUTE NOTICE REQUIRED HEREUNDER WITHIN SUCH TIME PERIOD OF THIRTY (30) DAYS. IN ADDITION, ANY LITIGATION ARISING OUT OF ANY DISPUTE OR CONTROVERSY BETWEEN THE PARTIES TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE FIRST DATE SUCH ACTION COULD HAVE BEEN BROUGHT. IF A LONGER PERIOD IS PROVIDED BY STATUTE, THE PARTIES HEREBY EXPRESSLY WAIVE ITCalifornia. The parties irrevocably submit to the exclusive jurisdiction of those courts and agree that final judgment in any action or proceeding brought in such courts will be conclusive and may be enforced in any other jurisdiction by suit on the judgment (a certified copy of which will be conclusive evidence of the judgment) or in any other manner provided by law. Process served personally or by registered or certified mail, return receipt requested, will constitute adequate service of process in any such action, suit or proceeding. Each party irrevocably waives to the fullest extent permitted by applicable law (i) any objection it may have to the laying of venue in any court referred to above; (ii) any claim that any such action or proceeding has been brought in an inconvenient forum; and (iii) any immunity that it or its assets may have from any suit, execution, attachment (whether provisional or final, in aid of execution, before judgment or otherwise) or other legal process. The terms of this Section apply whether or not the dispute arises out of or relates to this Agreement, unless the dispute is governed by a separate written agreement.

DISPUTE RESOLUTION, JURISDICTION AND VENUE. If there is a dispute between the parties (whether or not the dispute arises out of or relates to this Agreement), the parties agree that they will first attempt to resolve the dispute through one senior management member of each party. If they are unable to do so within sixty (60) days after the complaining party's written notice to the other party, the parties will then seek to resolve the dispute through non- non-binding mediation conducted in Beijing, PRC. Each party must bear its own expenses in connection with the mediation and must share equally the fees and expenses of the mediator. If the parties are unable to resolve the dispute within sixty (60) days after commencing mediation, such disputes or differences shall be resolved by binding arbitration under the CIETAC Arbitration Rules in force at the relevant time, as amended by this Section, in the English language, before a single arbitrator selected by the parties hereto or, in the absence of agreement, by the chief executive officer for the time being of CIETAC. The arbitrator shall not be a US or PRC national unless otherwise agreed upon by the parties in writing. The parties shall be entitled to legal representation in such arbitration proceedings. Notwithstanding the foregoing, Apple may, at its discretion, take action in any forum it sees fit, including the courts of PRC, to recover trade debt or protect any copyright, trade xxxxmark, design, patent, confidential information or other intellectual property right claimed by Apple from time to time. The parties hereby waive, to the extent applicable, any bond requirements for obtaining equitable relief. SELLER SHALL BE REQUIRED TO PROVIDE FORMAL NOTICE OF INTENTION TO ARBITRATE NO LATER THAN THIRTY (30) DAYS AFTER THE AFOREMENTIONED SIXTY (60) DAY WINDOW EXPIRES. SELLER HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHTS WITH RESPECT TO ANY DISPUTE OR CONTROVERSY AS TO WHICH SELLER FAILS TO PROVIDE THE APPLICABLE DISPUTE NOTICE REQUIRED HEREUNDER WITHIN SUCH TIME PERIOD OF THIRTY (30) DAYS. IN ADDITION, ANY LITIGATION ARISING OUT OF ANY DISPUTE OR CONTROVERSY BETWEEN THE PARTIES TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE FIRST DATE SUCH ACTION COULD HAVE BEEN BROUGHT. IF A LONGER PERIOD IS PROVIDED BY STATUTE, THE PARTIES HEREBY EXPRESSLY WAIVE IT. The parties irrevocably submit to the exclusive jurisdiction of those courts and agree that final judgment in any action or proceeding brought in such courts will be conclusive and may be enforced in any other jurisdiction by suit on the judgment (a certified copy of which will be conclusive evidence of the judgment) or in any other manner provided by law. Process served personally or by registered mail, return receipt requested, will constitute adequate service of process in any such action, suit or proceeding. Each party irrevocably waives to the fullest extent permitted by applicable law (i) any objection it may have to the laying of venue in any court referred to above; (ii) any claim that any such action or proceeding has been brought in an inconvenient forum; and (iii) any immunity that it or its assets may have from any suit, execution, attachment (whether provisional or final, in aid of execution, before judgment or otherwise) or other legal process.

DISPUTE RESOLUTION, JURISDICTION AND VENUE. If there is a dispute between the parties (whether or not the dispute arises out of or relates to this Agreement), the parties agree that they will first attempt to resolve the dispute through one senior management member of each party. If they are unable to do so within sixty (60) days after the complaining party's written notice to the other party, the parties will then seek to resolve the dispute through non- binding mediation conducted in Beijing, PRC. Each party must bear its own expenses in connection with the mediation and must share equally the fees and expenses of the mediator. If the parties are unable to resolve the dispute within sixty (60) days after commencing mediation, such disputes or differences shall be resolved by binding arbitration under the CIETAC Arbitration Rules of China International Economic and Trade Arbitration Commission ("CIETAC") in force at the relevant time, as amended by this Section, in the English language, before a single arbitrator selected by the parties hereto or, in the absence of agreement, by the chief executive officer for the time being of CIETAC. The arbitrator shall not be a US or PRC national unless otherwise agreed upon by the parties in writing. The parties shall be entitled to legal representation in such arbitration proceedings. Notwithstanding the foregoing, Apple may, at its discretion, take action in any forum it sees fit, including the courts of PRC, to recover trade debt or protect any copyright, trade xxxx, design, patent, confidential information or other intellectual property right claimed by Apple from time to time. The parties hereby waive, to the extent applicable, any bond requirements for obtaining equitable relief. SELLER SHALL BE REQUIRED TO PROVIDE FORMAL NOTICE OF INTENTION TO ARBITRATE NO LATER THAN THIRTY (30) DAYS AFTER THE AFOREMENTIONED SIXTY (60) DAY WINDOW EXPIRES. SELLER HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHTS WITH RESPECT TO ANY DISPUTE OR CONTROVERSY AS TO WHICH SELLER FAILS TO PROVIDE THE APPLICABLE DISPUTE NOTICE REQUIRED HEREUNDER WITHIN SUCH TIME PERIOD OF THIRTY (30) DAYS. IN ADDITION, ANY LITIGATION ARISING OUT OF ANY DISPUTE OR CONTROVERSY BETWEEN THE PARTIES TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE FIRST DATE SUCH ACTION COULD HAVE BEEN BROUGHT. IF A LONGER PERIOD IS PROVIDED BY STATUTE, THE PARTIES HEREBY EXPRESSLY WAIVE IT. The parties irrevocably submit to the exclusive jurisdiction of those courts and agree that final judgment in any action or proceeding brought in such courts will be conclusive and may be enforced in any other jurisdiction by suit on the judgment (a certified copy of which will be conclusive evidence of the judgment) or in any other manner provided by law. Process served personally or by registered mail, return receipt requested, will constitute adequate service of process in any such action, suit or proceeding. Each party irrevocably waives to the fullest extent permitted by applicable law (i) any objection it may have to the laying of venue in any court referred to above; (ii) any claim that any such action or proceeding has been brought in an inconvenient forum; and (iii) any immunity that it or its assets may have from any suit, execution, attachment (whether provisional or final, in aid of execution, before judgment or otherwise) or other legal process.

DISPUTE RESOLUTION, JURISDICTION AND VENUE. If there is a dispute between the parties (whether or not the dispute arises out of or relates to this Agreement), the parties agree that they will first attempt to resolve the dispute through one senior management member of each party. If they are unable to do so within sixty (60) days after the complaining party's written notice to the other party, the parties will then seek to resolve the dispute through non- non-binding mediation conducted in Beijing, PRC. Each party must bear its own expenses in connection with the mediation and must share equally the fees and expenses of the mediator. If the parties are unable to resolve the dispute within sixty (60) days after commencing mediation, such disputes or differences shall be resolved by binding arbitration under the CIETAC Arbitration Rules in force at the relevant time, as amended by this Section, in the English language, before a single arbitrator selected by the parties hereto or, in the absence of agreement, by the chief executive officer for the time being of CIETAC. The arbitrator shall not be a US or PRC national unless otherwise agreed upon by the parties in writing. The parties shall be entitled to legal representation in such arbitration proceedings. Notwithstanding the foregoing, Apple may, at its discretion, take action in any forum it sees fit, including the courts of PRC, to recover trade debt or protect any copyright, trade xxxx, design, patent, confidential information or other intellectual property right claimed by Apple from time to time. The parties hereby waive, to the extent applicable, any bond requirements for obtaining equitable relief. SELLER SHALL BE REQUIRED TO PROVIDE FORMAL NOTICE OF INTENTION TO ARBITRATE NO LATER THAN THIRTY (30) DAYS AFTER THE AFOREMENTIONED SIXTY (60) DAY WINDOW EXPIRES. SELLER HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHTS WITH RESPECT TO ANY DISPUTE OR CONTROVERSY AS TO WHICH SELLER FAILS TO PROVIDE THE APPLICABLE DISPUTE NOTICE REQUIRED HEREUNDER WITHIN SUCH TIME PERIOD OF THIRTY (30) DAYS. IN ADDITION, ANY LITIGATION ARISING OUT OF ANY DISPUTE OR CONTROVERSY BETWEEN THE PARTIES TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE FIRST DATE SUCH ACTION COULD HAVE BEEN BROUGHT. IF A LONGER PERIOD IS PROVIDED BY STATUTE, THE PARTIES HEREBY EXPRESSLY WAIVE IT. The parties irrevocably submit to the exclusive jurisdiction of those courts and agree that final judgment in any action or proceeding brought in such courts will be conclusive and may be enforced in any other jurisdiction by suit on the judgment (a certified copy of which will be conclusive evidence of the judgment) or in any other manner provided by law. Process served personally or by registered mail, return receipt requested, will constitute adequate service of process in any such action, suit or proceeding. Each party irrevocably waives to the fullest extent permitted by applicable law (i) any objection it may have to the laying of venue in any court referred to above; (ii) any claim that any such action or proceeding has been brought in an inconvenient forum; and (iii) any immunity that it or its assets may have from any suit, execution, attachment (whether provisional or final, in aid of execution, before judgment or otherwise) or other legal process.