Common use of Governing Law Dispute Resolution Arbitration Clause in Contracts

Governing Law Dispute Resolution Arbitration. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California and the United States, as though made and to be fully performed therein without regard to conflicts of laws principles thereof. The parties shall initially attempt in good faith to resolve any significant controversy, claim, allegation of breach or dispute arising out of or relating to this Agreement (hereinafter collectively referred to as a "Dispute") through negotiations between senior executives of Watsxx xxx Halsxx. Xx the Dispute is not resolved within thirty (30) days (or such other period of time mutually agreed upon by the parties) of notice of the Dispute (the "Executive Resolution Period"), then the parties agree to submit the Dispute to arbitration as provided herein. Unless otherwise mutually agreed by the parties, only if the Dispute is not resolved through negotiations as set forth herein, may a party resort to arbitration. All Disputes relating in any way to this Agreement shall be resolved exclusively through arbitration conducted in accordance with the Commercial Arbitration Rule of the American Arbitration Association as then in effect. In the event either party demands arbitration, it shall do so within thirty (30) days after the expiration of the Executive Resolution Period (or any mutually agreed extension) and shall include a request that such arbitration be held within thirty (30) days of such demand. The arbitration hearing shall be held as soon as practicable. The arbitration hearing shall be held in Orange County, California and shall be before a single arbitrator selected by the parties in accordance with the Commercial Arbitration Rule of the American Arbitration Association pursuant to its rules on selection of arbitrators. The arbitrator shall render a formal, binding non-appealable resolution and award on each issue as expeditiously as possible but not more than ten (10) business days after the hearing. In any arbitration, the prevailing party shall be entitled to reimbursement of its reasonable attorneys fees and the parties shall use all reasonable efforts to keep arbitration costs to a minimum

Appears in 1 contract

Samples: Product Purchase Agreement (Halsey Drug Co Inc/New)

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Governing Law Dispute Resolution Arbitration. This Agreement shall be governed by, and construed in accordance with, The substantive laws (as distinguished from the laws choice of law rules) of the State of California and the United States, as though States of America applicable to contracts made and to be fully performed therein without regard to conflicts entirely in California shall govern (a) the validity and interpretation of laws principles thereof. The parties shall initially attempt this Agreement, (b) the performance by the Parties of their respective obligations hereunder, and (c) all other causes of action (whether sounding in good faith to resolve any significant controversy, claim, allegation of breach contract or dispute in tort) arising out of or relating to this Agreement (hereinafter collectively referred to as a "Dispute") through negotiations between senior executives Agreement, or the termination of Watsxx xxx Halsxxthis Agreement, or otherwise. Xx the Dispute is not resolved within thirty (30) days (Any controversy or such other period claim arising out of time mutually agreed upon by the parties) of notice of the Dispute (the "Executive Resolution Period"), then the parties agree to submit the Dispute to arbitration as provided herein. Unless otherwise mutually agreed by the parties, only if the Dispute is not resolved through negotiations as set forth herein, may a party resort to arbitration. All Disputes or relating in any way to this Agreement Agreement, its enforcement, arbitrability or interpretation (a “Dispute”) shall be resolved exclusively through arbitration conducted according to the procedures set forth in accordance with this paragraph, which shall constitute the Commercial Arbitration Rule sole dispute resolution mechanism hereunder. If either Party believes that the other Party has breached or violated any of the American Arbitration Association as then in effect. In terms of this Agreement, the event either party demands arbitration, it Party that contends there has been such a breach or violation shall do so within thirty (30) days after send written notice to the expiration other Party of the Executive Resolution Period (alleged breach or any mutually agreed extension) and shall include a request that such arbitration be held within thirty (30) days of such demandviolation. The Parties shall meet and confer in good faith for at least sixty (60) calendar days in an effort to resolve the dispute. If the Parties cannot resolve the dispute within that sixty-­‐day period, the Parties shall engage in arbitration through Arts Arbitration and Mediation Service. Any arbitration hereunder shall take place by video conferencing, telephone conferencing or comparable methods of communication where possible, otherwise in San Francisco, California. The hearing shall be held as soon as practicablebefore one arbitrator. The Arbitrator shall have authority to award relief under legal or equitable principles, including interim or preliminary relief, and shall allocate responsibility for the costs of the arbitration hearing to the non-­‐breaching party and award recovery of attorneys' fees and expenses to the prevailing party. All aspects of the arbitration shall be held in Orange County, California and treated as confidential. The decision of the Arbitrator shall be before a single arbitrator selected final, binding, and conclusive with respect to all persons, including persons who have failed or refused to participate in the arbitration process. Any award rendered by the parties in accordance with the Commercial Arbitration Rule of the American Arbitration Association pursuant to its rules on selection of arbitrators. The arbitrator shall render a formal, binding non-appealable resolution and award on each issue as expeditiously as possible but not more than ten (10) business days after the hearing. In any arbitration, the prevailing party Arbitrator shall be entitled to reimbursement enforceable in the Superior Court of its reasonable attorneys fees California, County of San Francisco, as the court having exclusive jurisdiction over such arbitration. Such arbitration shall be binding and the parties shall use all reasonable efforts to keep arbitration costs to a minimumfinal. IN AGREEING TO ARBITRATION, THE PARTIES ACKNOWLEDGE THAT IN THE EVENT OF A DISPUTE ARISING FROM AN ALLEGED BREACH OF THIS AGREEMENT, EACH PARTY IS GIVING UP THE RIGHT TO HAVE THE DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION FOR RESOLUTION.

Appears in 1 contract

Samples: img1.zczj.com

Governing Law Dispute Resolution Arbitration. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California and the United States, as though made and to be fully performed therein without regard to conflicts of laws principles thereof. The parties shall initially attempt in good faith to resolve any significant controversy, claim, allegation of breach or dispute arising out of or relating to this Agreement (hereinafter collectively 14 referred to as a "Dispute") through negotiations between senior executives of Watsxx xxx Watson and Halsxx. Xx the Dispute is not resolved within thirty (30) days (or such other period of time mutually agreed upon by the parties) of notice of the Dispute (the "Executive Resolution Period"), then the parties agree to submit the Dispute to arbitration as provided herein. Unless otherwise mutually agreed by the parties, only if the Dispute is not resolved through negotiations as set forth herein, may a party resort to arbitration. All Disputes relating in any way to this Agreement shall be resolved exclusively through arbitration conducted in accordance with the Commercial Arbitration Rule of the American Arbitration Association as then in effect. In the event either party demands arbitration, it shall do so within thirty (30) days after the expiration of the Executive Resolution Period (or any mutually agreed extension) and shall include a request that such arbitration be held within thirty (30) days of such demand. The arbitration hearing shall be held as soon as practicable. The arbitration hearing shall be held in Orange County, California and shall be before a single arbitrator selected by the parties in accordance with the Commercial Arbitration Rule of the American Arbitration Association pursuant to its rules on selection of arbitrators. The arbitrator shall render a formal, binding non-appealable resolution and award on each issue as expeditiously as possible but not more than ten (10) business days after the hearing. In any arbitration, the prevailing party shall be entitled to reimbursement of its reasonable attorneys fees and the parties shall use all reasonable efforts to keep arbitration costs to a minimum.

Appears in 1 contract

Samples: Finished Goods Supply Agreement (Halsey Drug Co Inc/New)

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Governing Law Dispute Resolution Arbitration. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California and the United States, as though made and to be fully performed therein without regard to conflicts of laws principles thereof. The parties shall initially attempt in good faith to resolve any significant controversy, claim, allegation of breach or dispute arising out of or relating to this Agreement (hereinafter collectively referred to as a "Dispute") through negotiations between senior executives of Watsxx xxx Halsxx. Xx the Dispute is not resolved within thirty (30) days (or such other period of time mutually agreed upon by the parties) of notice of the Dispute (the "Executive Resolution Period"), then the parties agree to submit the Dispute to arbitration as provided herein. Unless otherwise mutually agreed by the parties, only if the Dispute is not resolved through negotiations as set forth herein, may a party resort to arbitration. All Disputes relating in any way to this Agreement shall be resolved exclusively through arbitration conducted in accordance with the Commercial Arbitration Rule of the American Arbitration Association as then in effect. In the event either party demands arbitration, it shall do so within thirty (30) days after the expiration of the Executive Resolution Period (or any mutually agreed extension) and shall include a request that such arbitration be held within thirty (30) days of such demand. The arbitration hearing shall be held as soon as practicable. The arbitration hearing shall be held in Orange County, California and shall be before a single arbitrator selected by the parties in accordance with the Commercial Arbitration Rule of the American Arbitration Association pursuant to its rules on selection of arbitrators. The arbitrator shall render a formal, binding non-appealable resolution and award on each issue as expeditiously as possible but not more than ten (10) business days after the hearing. In any arbitration, the prevailing party shall be entitled to reimbursement of its reasonable attorneys fees and the parties shall use all reasonable efforts to keep arbitration costs to a minimum.

Appears in 1 contract

Samples: Right of First Negotiation Agreement (Halsey Drug Co Inc/New)

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