Common use of Governing Laws and Dispute Resolution Clause in Contracts

Governing Laws and Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the state of California in the United States, without regard to its choice of law rules. All disputes between the parties in connection with or arising out of this Agreement shall first be discussed in good faith between the parties in order to try to find an amicable solution. If no solution can be found to settle the dispute, then such dispute shall be finally settled by arbitration in accordance with the default rules and procedures of American Arbitration Association sitting in Hawaii and conducted in English. Within [*] days of notice that a party wants to submit a dispute to arbitration, the parties will attempt to mutually agree upon an independent arbitrator with expertise in the semiconductor industry. If the parties are unable to agree on an independent arbitrator within [*] days, AAA will select an arbitrator within [*] days. The arbitrator shall determine what discovery will be permitted consistent with the goal of limiting the costs and time for such a proceeding. The parties and arbitrator shall use all reasonable efforts to complete any arbitration subject to this Section 12.1 within [*] from the selection of the arbitrator. The parties agree that any award of damages shall not include punitive, special, consequential, or indirect damages except as specifically allowed in this Agreement and shall comply with the limitation of liability provisions set forth herein. The Intermolecular Confidential [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. arbitrator’s decision shall be in a detailed writing setting forth the reasons for their decision and shall be provided concurrently to each party. The arbitration award shall be final and binding on the parties. Unless otherwise agreed to by the parties, each party shall pay one-third of the arbitration fees and expenses and shall bear all of its own expenses in connection with the arbitration. Notwithstanding any of the foregoing, any party shall have the right to seek, at its own cost and expenses, preliminary and temporary injunctive relief pending resolution of the dispute via arbitration. The parties expressly disclaim the application of the United Nations Convention on the International Sale of Goods to this Agreement.

Governing Laws and Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the state of California New York in the United States, without regard to its [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. choice of law rules. All disputes between the parties in connection with or arising out of this Agreement shall first be discussed in good faith between the parties in order to try to find an amicable solution. If no solution can be found to settle the dispute, then such dispute shall be finally settled by arbitration in accordance with the default rules and procedures of American Arbitration Association sitting in Hawaii and conducted in English. Within [*] days of notice that a party wants to submit a dispute to arbitration, the parties shall each select one independent arbitrator and will attempt to mutually agree upon an a third independent arbitrator with each arbitrator will have expertise in the semiconductor industryindustry and will not be an employee, affiliate or contractor for either party. If the parties Parties are unable to agree on an independent the third arbitrator within [*] days, AAA will the two arbitrators shall select an the third arbitrator within [*] days. If the amount in dispute is less than [*], then the parties shall agree upon a single arbitrator meeting the above conditions within [*] days of the notice of arbitration or such arbitrator shall be chosen by AAA if the parties cannot agree. The arbitrator arbitrators shall determine what discovery will be permitted consistent with the goal of limiting the costs and time for such a proceeding. The parties and arbitrator arbitrators shall use all reasonable efforts to complete any arbitration subject to this Section 12.1 within [*] months from the selection of the arbitratorarbitrators. The parties agree that any award of damages shall not include punitive, special, consequential, or indirect damages except as specifically allowed in this Agreement and shall comply with the limitation of liability provisions set forth herein. The Intermolecular Confidential [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. arbitrator’s arbitrators’ decision shall be in a detailed writing setting forth the reasons for their decision and shall be provided concurrently to each party. The arbitration award shall be final and binding on the partiesParties. Unless otherwise agreed to by the parties, each party shall pay one-third half of the arbitration fees and expenses and shall bear all of its own expenses in connection with the arbitration. Notwithstanding any of the foregoing, any either party shall have the right to seek, at its own cost and expenses, preliminary and temporary injunctive relief pending resolution of the dispute via arbitration. The parties expressly disclaim the application of the United Nations Convention on the International Sale of Goods to this Agreement.

Governing Laws and Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the state of California in the United States, without regard to its choice of law rules. All disputes between the parties in connection with or arising out of this Agreement shall first be discussed in good faith between the parties in order to try to find an amicable solution. If no solution can be found to settle the dispute, then such dispute shall be finally settled by arbitration in accordance with the default rules and procedures of American Arbitration Association sitting in Hawaii and conducted in English. Within [*] days of notice that a party wants to submit a dispute to arbitration, the parties will attempt to mutually agree upon an independent arbitrator with expertise in the semiconductor industry. If the parties are unable to agree on an independent arbitrator within [*] days, AAA will select an arbitrator within [*] days. The arbitrator shall determine what discovery will be permitted consistent with the goal of limiting the costs and time for such a proceeding. The parties and arbitrator shall use all reasonable efforts to complete any arbitration subject to this Section 12.1 within [*] from the selection of the arbitrator. The parties agree that any award of damages shall not include punitive, special, consequential, or indirect damages except as specifically allowed in this Agreement and shall comply with the limitation of liability provisions set forth herein. The Intermolecular Confidential [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. arbitrator’s decision shall be in a detailed writing setting forth the reasons for their decision and shall be provided concurrently to each party. The arbitration award shall be final and binding on the parties. Unless otherwise agreed to by the parties, each party shall pay one-third of the arbitration fees and expenses and shall bear all of its own expenses in connection with the arbitration. Notwithstanding any of the foregoing, any party shall have the right to seek, at its own cost and expenses, preliminary and temporary injunctive relief pending resolution of the dispute via arbitration. The parties expressly disclaim the application of the United Nations Convention on the International Sale of Goods to this Agreement.