Enforcement and Interpretation. This Agreement shall be enforced and interpreted pursuant to the laws of the State of Montana. Jurisdiction over any claim or action for interpretation or enforcement of, or otherwise arising from the terms and conditions of this Agreement, shall be with the appropriate Montana District Court. This agreement is subject to the laws of Montana and School District policy. Contractor is expressly notified that the agreement is subject to the Montana Pupil Online Personal Information Protection Act and violation of the act may be considered a crime a conviction of such may result in a fine not less than $200 or more than $500. Any civil claim arising out of or related to the Agreement, or services provided under the Agreement, may be subject to mediation at the request of either party. School District and Contractor expressly agree that mediation shall not be a condition precedent to the initiation of any litigation arising out of such Claims. Claims for injunctive relief shall not be subject to this Section. Any claim not resolved in mediation shall be subject to litigation in accordance with the laws of the State of Montana. Any litigation shall be conducted in Montana district court. Mandatory and exclusive venue for any disputes shall be in the county in which the School District is located. Notwithstanding anything to the contrary in the Agreement or in any document forming a part hereof, there shall be no mandatory arbitration for any dispute arising hereunder. The parties may mutually agree in writing to submit a dispute to arbitration but the default dispute resolution shall be litigation. Contractor stipulates that the School District is a political subdivision of the State of Montana, and, as such, enjoys immunities from suit and liability provided by the Constitution and laws of the State of Montana. By entering into this Agreement, the School District does not waive any of its immunities from suit and/or liability, except as otherwise specifically provided herein and as specifically authorized by law. In any adjudication under this Agreement, reasonable and necessary attorneys' fees may be awarded to the prevailing party. The parties acknowledge that, as a public entity in the State of Montana, the School District and entities contracting with the School District must comply with the open records laws of the State. I have read this Agreement, understand its terms, and agree to be bound thereby. DATED this day of , . Year Date: , Contractor Title/Pos...
Enforcement and Interpretation. The parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to interpret or enforce specifically the terms and provisions of this Agreement in any court of the United States located in the State of Delaware or in Delaware state court, this being in addition to any other remedy to which they are entitled at law or in equity. In addition, each of the parties hereto (a) consents to submit itself to the exclusive personal jurisdiction of any Federal court located in the State of Delaware or any Delaware state court in the event any dispute arises out of this Agreement or any of the transactions contemplated by this Agreement, (b) agrees that it will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court, and (c) agrees that it will not bring any action relating to this Agreement or any of the transactions contemplated by this Agreement in any court other than a Federal or state court sitting in the State of Delaware.
Enforcement and Interpretation. It is the desire and intent of the parties hereto that this Agreement be enforced to the fullest extent possible under the laws and public policies of the state of Iowa. Accordingly, if any particular provision of this Agreement is adjudicated to be invalid or unenforceable, such portion shall be deleted, and such deletion shall apply only to such provision with the remainder of the Agreement remaining valid and enforceable, to be construed in conformity with the parties’ initial intent. Further, to the extent any provision hereof is deemed unenforceable by virtue of its scope or terms with respect to geographical area or length of time, but may be enforceable by limitations thereon, the parties agree that this Agreement shall remain enforceable to the fullest extent possible after the application of such limitations. RENEWABLE ENERGY GROUP, INC. IOWA RENEWABLE ENERGY, LLC By /s/ Nile D. Xxxxxxxxxx, President By /s/ Mxxxxxx X. Xxxxxxxx, President (Title) Mxxxxxx X. Xxxxxxxx (Title) Exhibit A to Management and Operational Services Agreement (“Agreement”) REG, Inc. and Iowa Renewable Energy Listing of Administrative Services to be Provided Pursuant to the Agreement to which this is attached, and as a part of the services it will perform thereunder, REG, Inc. will provide to Iowa Renewable Energy the administrative services as set out hereafter. Such services will be included at no additional cost to Iowa Renewable Energy other than the compensation set out under Section 3 of the Agreement, unless otherwise noted hereafter or separately in the Agreement. Accounting: • Financial Statements • General Ledger Maintenance • Cash Management • Customer Statements • Accounts Receivable • Accounts Payable • Bank Reconciliation • Depreciation • Audit Preparation • External Audit (providing assistance to external auditors, the expense of the external auditor to be paid by Iowa Renewable Energy) Human Resources: • Hiring • Training, Job Descriptions, Government Reporting with respect to personnel • Employee hand book, policies/procedures • Workers Comp Information Technology: • AS400 Software/Application Maintenance (REG, Inc. to be reimbursed by Iowa Renewable Energy for REG, Inc.’s costs (including employee expenses) for preparation of any special requested applications.) • Telephone/Network Services (Iowa Renewable Energy to reimburse REG, Inc. for the cost of all equipment required and utility expenses incurred.) • Backup for Network • Backup for AS400 Files • Web Si...
Enforcement and Interpretation. It is the desire and intent of the parties hereto that this Agreement be enforced to the fullest extent possible under the laws and public policies of the state of Iowa. Accordingly, if any particular provision of this Agreement is adjudicated to be invalid or unenforceable, such portion shall be deleted, and such deletion shall apply only to such provision with the remainder of the Agreement remaining valid and enforceable, to be construed in conformity with the parties’ initial intent. Further, to the extent any provision hereof is deemed unenforceable by virtue of its scope or terms with respect to geographical area or length of time, but may be enforceable by limitations thereon, the parties agree that this Agreement shall remain enforceable to the fullest extent possible after the application of such limitations.
Enforcement and Interpretation. (a) If a Payment Request pursuant to Section 4(a) hereof is not paid in full by the Corporation within the Payment Time Limit, the Indemnitee may at any time thereafter bring suit against the Corporation to recover the unpaid amount of the claim.
Enforcement and Interpretation. (a) The parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to interpret or enforce specifically the terms and provisions of this Agreement in any court of the United States located in the State of Delaware or in Delaware state court, this being in addition to any other remedy to which they are entitled at law or in equity.
Enforcement and Interpretation. 74 SECTION 9.9
Enforcement and Interpretation. At the option of Secured Party, matters of enforcement and interpretation of this instrument or any of the Loan Documents, whether by claim, counterclaim or otherwise, may be interpreted solely by arbitration conducted within fifty (50) miles of the office of the Secured Party under the general commercial arbitration rules then-applicable of the American Arbitration Association. Arbitration shall be conducted by a panel of three (3) arbitrators, one of whom shall be selected from among a panel suggested by the AAA by each party and the third of whom shall be selected by the two (2) designees so selected. Any party failing to designate his designee within fifteen (15) days of the date requested by the AAA shall forfeit its right to designate his designee and the designee timely designated shall appoint the recalcitrant party's designee. No arbitrator shall serve unless said party is an attorney currently practicing law in the State of Maryland and having experience in matters relative to secured banking transactions in which intellectual property is pledged as security over a period of not less than ten (10) years. Enforcement shall be under the laws of the Jurisdiction or any other venue which shall have subject matter jurisdiction over the matter. Notwithstanding any rule of law to the contrary, before Debtor may institute any counterclaim to any action against Secured Party or any third party claim against any third party, it shall have posted a bond reasonably acceptable to Secured Party with the AAA to bond off and otherwise to protect Secured Party hereunder. All costs of the arbitration shall be borne by the party deemed to be the "non-prevailing party" but the cost, expense and fees to litigate shall be allocated as otherwise provided hereunder. The panel of arbitrators shall schedule the trial within thirty (30) days of their appointment and they shall render their decision within thirty (30) days of the last day of such trial, provided that, in the event a party petitions for an Emergency Arbitration, the above-proscribed time periods shall be reduced as provided for the Schedule of Emergency Arbitration.
Enforcement and Interpretation. If either party brings an action against the other party to enforce its rights under this Agreement, the prevailing party will be entitled to recover its actual attorneys’ fees and expenses incurred in resolving such action, whether by lawsuit or otherwise and including any appeal. In the event any portion of this Agreement is deemed to be invalid under any applicable law, such provision will be deemed void, and the remainder of this Agreement will continue in full force and effect. The title headings contained in this Agreement are for reference purposes only and have no interpretive effect on the rights and obligations of the parties.
Enforcement and Interpretation. Time is of the essence in the Subcontractor Agreement. The Subcontract Agreement shall be governed by the laws of Michigan. If any part of the Subcontract Agreement is declared unenforceable or invalid, the remainder of the Subcontract Agreement will continue to be valid and enforceable. Any waiver by either party for the other’s failure to perform any provision of the Subcontract Agreement is not a waiver of the right to subsequently insist on performance or pursue any remedy for that failure. Any notice required under the Subcontractor Agreement will be in writing and deemed received on the date of delivery. Headings are inserted for the convenience of the parties only and will not be considered when interpreting the Subcontract Agreement. The Subcontract Agreement may be executed in counterparts.
