DISPUTE RESOLUTION/LITIGATION. All claims, disputes, and other controversies between RK and CLIENT arising out of, or in any way related to, the services provided by RK shall be submitted to mediation, before and as a condition precedent to, other remedies provided by law. Any litigation related to the Agreement or RK’s performance of its professional services shall be commenced in a court in Bexar County, Texas. CLIENT consents to personal jurisdiction in the State of Texas and agrees that venue of any litigation shall be in Bexar County, the county where RK’s principal place of business is located. CLIENT waives any objection to personal jurisdiction in Texas or to venue in Bexar County. The prevailing party in such litigation will be entitled to recover all court costs, attorneys’ fees, and other legally recoverable claim-related expenses. As a condition precedent to mediation and / or litigation related to any claim arising out of the services provided under this Agreement, CLIENT shall obtain a written affidavit from a registered, independent, and reputable professional engineer describing any error, omission or other act by RK that allegedly failed to comply with the professional standard of care applicable to RK’s performance of services and provide such affidavit to RK. The affidavit shall comply with the requirements of Texas Civil Practice & Remedies Code Chapter 150.
DISPUTE RESOLUTION/LITIGATION. (a) Prior to commencing any litigation relating to the subject matter of or under this Agreement, the Party desiring to commence litigation will provide written notice to the other side demanding that the Parties engage, for a period of 30 days from the date of such demand notice, in non-binding mediation for purposes of seeking to resolve such dispute. Such mediation shall be coordinated through J.A.M.S./Endispute. The cost of any mediation shall be borne one-half by the Buyer and one-half by the Stockholder or Stockholders who are party to the mediation. Following the expiration of such 30-day period, any Party may commence litigation with respect to the subject matter of the dispute and any related matters. Notwithstanding the foregoing, nothing in this Section 7.9 shall be construed as limiting in any way (i) the right of a Party to seek injunctive relief from any court of competent jurisdiction or (ii) the right of a Party to commence litigation without complying with the requirements of this Section if doing so is necessary to avoid the expiration of an applicable statute of limitations.
DISPUTE RESOLUTION/LITIGATION. Notwithstanding the requirements of this Section
DISPUTE RESOLUTION/LITIGATION. Notwithstanding the provisions of Section 10.4(b) above, Distributor understands and agrees that the intellectual property rights set out in Section 6 above and product marks in Section 7 above constitute valuable business assets and rights of DSKX,·the unauthorized use, disclosure or breach of which may irreparably damage DSKX. In the event of any action or threatened breach of Sections 6 or 7 of this Agreement. DSKX shall be entitled to an injunction from any court of competent jurisdiction restraining Distributor from violating the intellectual property, product xxxx and confidentiality rights of DSKX under this Agreement Nothing in this Agreement shall be construed as prohibiting DSKX from pursuing any other remedies available to it for such breach or threatened breach, including recovery of direct and consequential damages from Distributor, in any court of competent jurisdiction in any state or country.
DISPUTE RESOLUTION/LITIGATION
