Jurisdiction; Dispute Resolution. In the event of any dispute, controversy, or claim between the Investor and Holdco arising out of or relating to the breach, termination or validity of this letter agreement ("Dispute"), upon request of either party, the parties shall try to settle the Dispute amicably among themselves. Relevant party may initiate such informal dispute resolution by sending written notice of the Dispute to the other party, and as soon as practicable after the receipt of such notice, the parties, or senior management (if applicable) as the representatives of such parties shall meet and attempt to reach such resolution by good faith negotiations. If the parties are unable to resolve promptly such Dispute within forty-five (45) days of the receipt of such written notice, such Dispute shall be submitted by either party to arbitration administered by the China International Economic and Trade Arbitration Commission ("CIETAC") under the arbitration rules of CIETAC (the "Rule") in force when the notice of arbitration is submitted by a party. The place of arbitration shall be in Beijing. The arbitration tribunal shall consist of three arbitrators appointed in accordance with the Rule. The arbitration shall be conducted in Chinese. The arbitration tribunal shall be entitled to determine the payment to be made by the losing party and the payment to be made by a party due to its substantial incompliance of the Rule or any provision under this Section 11. Such payment, as determined by the arbitration tribunal in its sole discretion, may include the legal fee incurred to the winning party. The awards rendered by the arbitrators pursuant to this Section 11 shall be non-appealable, final, binding and conclusive on the parties to such Dispute. The Investor, Holdco and Parent understand and agree that this provision regarding arbitration shall not prevent any of them from pursuing injunctive relief in a judicial forum pending arbitration in order to compel the other side to comply with this provision, to preserve the status quo prior to the invocation of arbitration under this provision, or to prevent or halt actions that may result in irreparable harm. A request for an injunctive relief shall not waive this arbitration provision.
Jurisdiction; Dispute Resolution. Any and all disputes, controversies or claims arising out of, relating to or in connection with this Agreement, including as to the formation, existence, validity, enforceability, interpretation, performance, breach and/or termination of this Agreement, between the parties to this Agreement, as well as successors to such parties (“Dispute”), shall be finally settled by arbitration in accordance with the Arbitration Rules of the SCC Arbitration Institute (the “SCC Rules”). Each of Buyer and the Selling Shareholder agrees that it will not attempt to challenge, deny or defeat the jurisdiction of the Arbitral Tribunal (as defined below) or bring any action, suit or proceeding arising out of, relating to or in connection with this Agreement, or the formation, existence, validity, enforceability, interpretation, performance, breach and/or termination of this Agreement, in any court or before any tribunal or Governmental Body, other than before the Arbitral Tribunal pursuant to this Section 7 (except for actions, suits or proceedings brought to enforce any award of the Arbitral Tribunal and except in limited circumstances provided in Section 7(f)).
Jurisdiction; Dispute Resolution. This Agreement is made in and is governed by the laws of Ontario, Canada. All disputes arising out of or in connection with the Agreement will finally be settled under the laws of Ontario, Canada. The language to be used in any proceedings will be English and the place of trial will be Ottawa, Ontario. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. Prior to the commencement of any litigation, upon receipt of a notice of dispute, the parties will make reasonable efforts to resolve the dispute by good faith negotiations. If such good faith negotiations between the parties’ initial representatives do not resolve the dispute after 10 business days, it shall be escalated to senior executives for further good faith negotiations. If the senior executives are unable to resolve the dispute within 10 business days, then either party may initiate litigation. Notwithstanding the foregoing or any other provision in this Agreement or elsewhere, either party may seek a preliminary injunction, attachment or other judicial relief, if such action is necessary to avoid irreparable harm, preserve the status quo or preserve and protect the subject matter of the dispute. Despite such action, the parties will continue to participate in good faith dispute resolution negotiations as set out herein. If either party initiates legal proceedings to enforce a term of the Agreement, the prevailing party will be entitled to recover reasonable lawyers’ fees and disbursements and reasonable experts’ and other witness costs. You and Tehama agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated or representative action.
Jurisdiction; Dispute Resolution. Each party irrevocably submits to the nonexclusive jurisdiction of the United States District Court for the Northern District of Texas and of any Texas State Court sitting in Tarrant County, for purposes of legal proceedings arising out of this Agreement or any transactions contemplated in this Agreement. Each party, to the fullest extent it may effectively do so under substantive governing law applicable to this Agreement, also irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court and any objection that it may have as to venue or inconvenient forum in respect of claims or actions brought in such court and any right of application or appeal to any court (in the U.S. or in any other jurisdiction). EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHT TO A JURY TRIAL TO RESOLVE ANY DISPUTES ARISING UNDER THIS AGREEMENT.
Jurisdiction; Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, regardless of the laws that might otherwise govern under applicable principles of conflicts of laws thereof. The parties expressly consent to the exclusive jurisdiction and venue of the Federal courts located in the State of Delaware or, if such Federal courts do not have subject matter jurisdiction, any Delaware state court. In addition, each of the parties hereto (a) consents to submit itself to the personal jurisdiction of any Federal and state courts located in the State of Delaware and agrees that it will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court, (b) agrees that it will not bring any action in any court other than any Federal court sitting in the State of Delaware or, if such Federal courts do not have subject matter jurisdiction, any Delaware state court and (d) waives any right to trial by jury with respect to any action related to or arising out of this Agreement. Any issue, dispute or controversy arising pursuant to this Agreement (a “Dispute”) shall be settled in the following manner. Upon written request of either party, the representatives of Domtar and of Weyerhaeuser shall promptly confer and exert their commercially reasonable efforts without the necessity of any formal proceeding related thereto to reach a reasonable and equitable resolution of such Dispute. If such representatives are unable to resolve such Dispute within ten (10) business days, the Dispute shall be referred to the responsible senior management of each party for resolution. Neither party shall seek any other means of resolving any Dispute arising in connection with this Agreement until both parties’ responsible senior management have had at least five (5) business days to resolve the Dispute following its referral to them. If the Dispute cannot be resolved by senior management, then the Dispute shall be submitted to binding arbitration. If arbitration is required, the arbitration proceedings shall be administered by the American Arbitration Association (the “AAA”) or such other administrator as the parties shall mutually agree, and conducted in accordance with the AAA Commercial Arbitration Rules. Judgment upon any award rendered in arbitration may be entered in any court having competent jurisdiction. The arbitration shall be conducted at a location in the State of Delaware selected by the AAA or o...
Jurisdiction; Dispute Resolution. This Agreement is governed by and is to be interpreted solely in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provision that would result in the application of a different body of law, and each Party agrees to submit to exclusive venue in the courts in Boston, Massachusetts in any dispute arising out of or relating to this Agreement. IF NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, EACH PARTY AGREES THAT ANY CLAIM RELATED TO THIS AGREEMENT WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, SUIT, OR OTHER SIMILAR PROCESS. The United Nations Commission on International Trade Law, the United Nations Convention on Contracts for the International Sale of Goods, and the Uniform Computer Information Transactions Act (UCITA) will not apply to this Agreement.
Jurisdiction; Dispute Resolution. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. All disputes arising from or relating to the subject matter of this Agreement shall be finally settled by binding arbitration in accordance with the Arbitration Rules and Procedures of JAMS then in effect, and judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction, provided however, that each party will have a right to seek injunctive or other equitable relief in a court of competent jurisdiction. The place of the arbitration shall be in New York County, New York and the language of the arbitration shall be English. The arbitration award of the arbitrator shall be final and binding on the parties and shall be enforceable in accordance with its terms. Subject to the foregoing, the courts in New York County, New York have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement or its interpretation, and the parties irrevocably submit and agree to submit to the exclusive jurisdiction of such courts.
Jurisdiction; Dispute Resolution. Each Party hereby consents to the jurisdiction of the courts of the State of New York and/or the United States District Court for the Western District of New York in any action or proceeding arising under or relating to this 2013 Construction Coordinating Agreement (with Buffalo, New York as the venue for any action or proceeding). Each Party agrees not to institute suit against the others in a court in any jurisdiction, except as stated above, without the other Parties’ consent. The Parties further agree that all matters with respect to the validity, construction or interpretation of this 2013 Construction Coordinating Agreement shall be governed by the internal law of the State of New York, without reference to any conflict of laws provisions.
Jurisdiction; Dispute Resolution. The parties (i) hereby irrevocably and unconditionally submit to the jurisdiction of the state courts of New York and to the jurisdiction of the United States District Court for the Southern District of New York for the purpose of any suit, action or other proceeding arising out of or based upon this Agreement, (ii) agree not to commence any suit, action or other proceeding arising out of or based upon this Agreement except in the state courts of New York or the United States District Court for the Southern District of New York, and (iii) hereby waive, and agree not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such court.
Jurisdiction; Dispute Resolution. THE PARTIES HERETO AGREE THAT ALL OF THE PROVISIONS OF THIS AGREEMENT AND ANY QUESTIONS CONCERNING ITS INTERPRETATION AND ENFORCEMENT SHALL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE OF TEXAS AND THE EXECUTION AND DELIVERY OF THIS AGREEMENT SHALL BE DEEMED TO BE THE TRANSACTION OF BUSINESS WITHIN THE STATE OF TEXAS FOR PURPOSES OF CONFERRING JURISDICTION UPON COURTS LOCATED WITHIN THE STATE. THE PARTIES AGREE THAT ANY LITIGATION ARISING OUT OF THIS AGREEMENT SHALL BE BROUGHT ONLY IN THE FEDERAL OR STATE COURTS IN THE STATE OF TEXAS AND BOTH PARTIES CONSENT TO THE JURISDICTION OF SAID COURTS. ALL DISPUTES UNDER THIS AGREEMENT SHALL BE RESOLVED IN ACCORDANCE WITH THE “DISPUTE RESOLUTION PROCEDURES” SET FORTH IN EXHIBIT B OF THIS AGREEMENT.
