Common use of Disputed Matters Clause in Contracts

Disputed Matters. Except as otherwise provided in this Agreement, any controversy or dispute arising out of this Agreement, interpretation of any of the provisions hereof, or the action of any Stockholder hereunder shall be submitted to arbitration in San Francisco, California before the American Arbitration Association under the commercial arbitration rules then obtaining of said Association. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. No action at law or in equity based upon any claim arising out of or related to this Agreement shall be instituted in any court by any Stockholder except (i) an action to compel arbitration pursuant to this Section 14.8 or (ii) an action to enforce an award obtained in an arbitration proceeding in accordance with this Section 14.8, in which case, the provisions of Sections 14.9 and 14.10 shall apply. For the avoidance of doubt, the provisions of Sections 14.9 and 14.10 shall be subordinate to and shall only apply in connection with an action at law or in equity based upon clauses (i) and/or (ii) of the immediately preceding sentence of this Section 14.8.

Appears in 3 contracts

Samples: Registration Rights Agreement (Nevro Corp), Stockholders’ Agreement (Nevro Corp), Registration Rights Agreement (Nevro Corp)

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Disputed Matters. Except as otherwise provided in this Agreement, any controversy or dispute arising out of this Agreement, interpretation of any of the provisions hereof, or the action of any Stockholder hereunder shall be submitted to arbitration in San Francisco, California before the American Arbitration Association under the commercial arbitration rules then obtaining of said Association. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. No action at law or in equity based upon any claim arising out of or related to this Agreement shall be instituted in any court by any Stockholder except (i) an action to compel arbitration pursuant to this Section 14.8 20 or (ii) an action to enforce an award obtained in an arbitration proceeding in accordance with this Section 14.820, in which case, the provisions of Sections 14.9 17 and 14.10 18 shall apply. For the avoidance of doubt, the provisions of Sections 14.9 17 and 14.10 18 shall be subordinate to and shall only apply in connection with an action at law or in equity based upon clauses (i) and/or (ii) of the immediately preceding sentence of this Section 14.820.

Appears in 2 contracts

Samples: Stockholders’ Agreement (Nevro Corp), Stockholders’ Agreement (Nevro Corp)

Disputed Matters. Except as otherwise provided in this Agreement, any controversy or dispute arising out of this Agreement, interpretation of any of the provisions hereof, or the action of any Stockholder hereunder shall be submitted to arbitration in San Francisco, California before the American Arbitration Association under the commercial arbitration rules then obtaining of said Association. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. No action at law or in equity based upon any claim arising out of or related to this Agreement shall be instituted in any court by any Stockholder except (i) an action to compel arbitration pursuant to this Section 14.8 18 or (ii) an action to enforce an award obtained in an arbitration proceeding in accordance with this Section 14.818, in which case, the provisions of Sections 14.9 15 and 14.10 16 shall apply. For the avoidance of doubt, the provisions of Sections 14.9 15 and 14.10 16 shall be subordinate to and shall only apply in connection with an action at law or in equity based upon clauses (i) and/or (ii) of the immediately preceding sentence of this Section 14.818.

Appears in 1 contract

Samples: Stockholders’ Agreement (Nevro Corp)

Disputed Matters. Except as otherwise provided in this Agreement, any controversy or dispute arising out of this Agreement, interpretation of any of the provisions hereof, or the action of any Stockholder hereunder shall be submitted to arbitration in San Francisco, California before the American Arbitration Association under the commercial arbitration rules then obtaining of said Association. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. No action at law or in equity based upon any claim arising out of or related to this Agreement shall be instituted in any court by any Stockholder except (i) an action to compel arbitration pursuant to this Section 14.8 15.8 or (ii) an action to enforce an award obtained in an arbitration proceeding in accordance with this Section 14.815.8, in which case, the provisions of Sections 14.9 15.9 and 14.10 15.10 shall apply. For the avoidance of doubt, the provisions of Sections 14.9 15.9 and 14.10 15.10 shall be subordinate to and shall only apply in connection with an action at law or in equity based upon clauses (i) and/or (ii) of the immediately preceding sentence of this Section 14.815.8.

Appears in 1 contract

Samples: Registration Rights Agreement (Corautus Genetics Inc)

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Disputed Matters. Except as otherwise provided in this Agreement, any controversy or dispute arising out of this Agreement, interpretation of any of the provisions hereof, or the action of any the Stockholder hereunder shall be submitted to arbitration in San Francisco, California before the American Arbitration Association under the commercial arbitration rules then obtaining of said such Association. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereofhereof. No action at law or in equity based upon any claim arising out of or related to this Agreement shall be instituted in any court by any the Stockholder except (i) an action to compel arbitration pursuant to this Section 14.8 13(e) or (ii) an action to enforce an award obtained in an arbitration proceeding in accordance with this Section 14.813(e), in which case, the provisions of Sections 14.9 Section 13(g) and 14.10 Section 13(h) shall apply. For the avoidance of doubt, the provisions of Sections 14.9 Section 13(g) and 14.10 Section 13(h) shall be subordinate to and shall only apply in connection with an action at law or in equity based upon clauses (i) and/or (ii) of the immediately preceding sentence of this Section 14.813(e).

Appears in 1 contract

Samples: Registration Rights Agreement (Via Pharmaceuticals, Inc.)

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