Governing Law; Dispute Resolution; Attorneys’ Fees. You agree that Idaho law will govern this Agreement and that any action, suit, proceeding, or claim arising out of or related to this Agreement must be brought exclusively in federal or state courts located in Boise, Idaho. You hereby submit to the in personam jurisdiction and venue of such courts and waive any objection based on inconvenient forum. You agree to indemnify ClickBank for all of its reasonable attorneys' fees and costs incurred as a result of any action, suit, proceeding or claim brought by You or ClickBank in which ClickBank is found to be the prevailing party. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AGREEMENT.
Governing Law; Dispute Resolution; Attorneys’ Fees. If either Party has a claim or controversy covered by this Agreement, such party shall give written notice to the other Party, and within ten (10) calendar days of receiving the notice, the parties shall meet and attempt to resolve the dispute. If the Parties are unable to resolve the dispute within ten (10) calendar days, the dispute shall be submitted to binding arbitration in New York, New York, under the rules and procedures of the American Arbitration Association. All fees and costs concerning the arbitration, including the arbitrator’s fees and expenses and attorney’s fees and witness fees shall be borne by the parties in the proportion determined by the arbitrator. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Delaware without regard to principles of conflicts of laws.
Governing Law; Dispute Resolution; Attorneys’ Fees. The MSA is made under and shall be governed by the laws of the State of Louisiana, without giving effect to its principles on choice of law and any dispute shall be resolved in a forum located in the State of Louisiana. Disputes that cannot be resolved by the respective Party's personnel related to the dispute will be referred to officers of Client and Provider for informal resolution, who will meet by teleconference within ten (10) days of the referral. If the dispute is not resolved within thirty (30) days of the referral, either Party may pursue other remedies in law or equity that are not excluded by the MSA. During the dispute resolution process described herein, until the dispute is resolved, each Party shall continue to comply with its obligations under the MSA. The provisions of this Section will not delay or prevent a Party from seeking injunctive relief whenever the facts or circumstances would permit a Party to seek such relief in a court of competent jurisdiction. If either Party commences any legal action against the other Party arising out of the MSA, the prevailing Party shall be entitled to recover its reasonable litigation expenses, including costs of preparation for litigation, court costs, expert witness fees, discovery expenses and reasonable attorney's fees. No action arising out of or otherwise associated with the MSA or the rights granted hereunder, regardless of form, may be brought by either Party more than two years after the cause of action has accrued. In the event any provision of the MSA is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of the MSA will remain in full force and effect.
Governing Law; Dispute Resolution; Attorneys’ Fees. This Agreement shall be deemed to have been made in the State of Delaware and shall be construed, and the rights and liabilities determined, in accordance with the law of the State of Delaware, without regard to the conflicts of laws rules of such jurisdiction. Any controversy or claim relating to or arising from this Agreement (a “Dispute”) shall be settled, as applicable, in federal court located in Los Angeles, California. Should a Dispute not rise to meet the qualifications of filing in federal court in Los Angeles, CA, then the Dispute shall be resolved by arbitration in accordance with the Arbitration Rules of the Financial Industry Regulatory Authority (“FINRA”) as such rules may be modified herein or as otherwise agreed by the parties in controversy. The forum for arbitration shall be Orange County, California. Following thirty (30) days’ notice by any party of intention to invoke arbitration, any Dispute arising under this Agreement and not mutually resolved within such thirty (30) day period shall be determined by the arbitrators upon which the parties agree. In the event a suit, action, arbitration, or other proceeding of any nature whatsoever, including, without limitation, any proceeding under the U.S. Bankruptcy Code, is instituted by any party to interpret or enforce any provision of this Agreement, then the prevailing party shall be entitled to recover from the other parties its reasonable attorneys’, paralegals’, accountants’, and other experts’ fees, and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith.
Governing Law; Dispute Resolution; Attorneys’ Fees. (i) This Agreement shall be governed by and construed under the laws of the State of California as applied to agreements among California residents entered into and to be performed entirely within California.
Governing Law; Dispute Resolution; Attorneys’ Fees. The validity, performance and construction of this Agreement, including but not limited to any Order accepted by Seller, shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law. The parties agree that the UN Convention for the International Sale of Goods will have no force or effect on this Agreement and is excluded. The parties agree that any legal suit, action or proceeding arising out of or relating to this Agreement or the rights or obligations of the parties to this Agreement shall be brought exclusively in the state or federal courts having jurisdiction over Xxxxxxx County, Pennsylvania, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. Nothing contained herein will prevent Seller from bringing any action or exercising any rights against Buyer or its property within any other state or nation as may be necessary. In any action, suit or proceeding to enforce, defend or interpret the rights under the terms of this Agreement or to collect any amounts due hereunder, the prevailing party shall be entitled to recover all costs and expenses incurred in enforcing, defending or interpreting its rights hereunder, including, but not limited to, all collection and court costs, and all attorneys’ and paralegal fees, whether incurred out of court, at trial, on appeal, or in bankruptcy or administrative proceedings.
Governing Law; Dispute Resolution; Attorneys’ Fees. This Agreement shall be construed in accordance with the laws of the State of California. In the event of any dispute arising between the parties in connection with the rights or obligations of either party under this Agreement, the dispute shall be resolved in accordance with the Commercial Arbitration Rules of the American Arbitration Association, before a single arbitrator in Orange County, California. In the event any legal action becomes necessary to enforce or interpret the terms of this Agreement, the parties agree that such action will be brought exclusively in a court of competent jurisdiction in Orange County California, and the parties hereby submit to the jurisdiction of such court. In the event that any action becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorneys’ fees, expert witness fees and legal expenses from the other party.
Governing Law; Dispute Resolution; Attorneys’ Fees. This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California (except that body of law controlling conflicts of law). Any dispute relating to the terms, interpretation or performance of this Agreement (other than claims for preliminary injunctive relief or other pre-judgment remedies) shall be resolved at the request of either party through binding arbitration. Arbitration shall be conducted in San Francisco, California, in accordance with the Arbitration Rules of the American Arbitration Association (“AAA”). If any action is necessary to enforce the terms of this Agreement, the substantially prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled.
Governing Law; Dispute Resolution; Attorneys’ Fees. The Agreement shall be governed by and construed under the laws of the State of New York, without regard to its conflicts of law principles. Each party hereto expressly agrees that any action relating to the Agreement shall exclusively be brought in the state and federal courts located in New York, New York, and each party irrevocably consents to the jurisdiction of such courts. Each party expressly waives any objection that it may have based on improper venue or forum non conveniens to the conduct of any such suit or action in any such court. The prevailing party in any legal action instituted under or relating to the Agreement shall, in addition to other remedies, be entitled to be reimbursed by the other party for all expenses of such litigation, including reasonable attorneys’ fees.
Governing Law; Dispute Resolution; Attorneys’ Fees. You agree that Idaho law will govern this Agreement, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Idaho, and that any action, suit, proceeding, or claim arising out of or related to this Agreement must be brought exclusively in federal or state courts located in Boise, Idaho. You hereby submit to the in personam jurisdiction and venue of such courts and waive any objection based on inconvenient forum. You agree that ClickBank shall be entitled to its reasonable attorneys' fees and costs resulting from collection of funds due ClickBank, enforcement of ClickBank's rights under this Agreement or other policies issued by XxxxxXxxx.XXX HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AGREEMENT.
