STACKER 500KS USER GUIDE 63
such arbitration shall be conducted in the city of Minneapolis, Minnesota, U.S.A. Notwithstanding the foregoing,
either party may, at anytime, apply to a court having jurisdiction for a preliminary injunction and/or other equitable
relief where such relief is necessary to protect the party’s interests pending completion or anticipated beginning
of any arbitration.
(c) This Agreement shall be interpreted and construed in the English language and any proceedings and/or
arbitration conducted hereunder shall be in English.
(d) Notwithstanding the foregoing, if applicable law requires that any of the terms and conditions set forth in the
Agreement be different than those set forth in the Agreement, including without limitation, the governing law,
arbitration and/or other dispute resolution terms set forth in this Section 14, then the Agreement shall be deemed
modified and amended to the minimal extent necessary to comply with and incorporate such applicable law, and
the rest of the terms and conditions of the Agreement, as so amended, shall continue in full force and effect.
14.
GENERAL PROVISIONS:
(a) Except as expressly set forth in this Agreement, Buyer may not assign this Agreement, or any rights or
obligations hereunder, without Seller’s prior written consent.
(b) No action, regardless of form, arising out of or related to this Agreement, may be brought by Buyer more than
two (2) years after the cause of action has accrued.
(c) Seller shall not be liable for delays in performance or for nonperformance due to acts of God, war, terrorism,
riot, fire, labor trouble, unavailability of materials or components, accident, compliance with governmental laws,
rules, regulations, orders or requests, or any other circumstances or causes beyond Seller’s reasonable control.
(d) In the event any of the terms of this Agreement are in conflict with any rule of law or statutory provision, or
are otherwise unenforceable under any applicable laws or regulations, such terms shall be enforced to maximum
extent permitted by the applicable laws or regulations, and to the extent unenforceable, such terms shall deemed
stricken from this Agreement, but such invalidity or unenforceability shall not invalidate any of the other terms of
this Agreement.
(e) No failure by Seller to take any action or assert any right hereunder shall be deemed to be a waiver of such
right in the event of the continuation or repetition of the circumstances giving rise to such right.
(f) Any modification of these terms and conditions must be set forth in a written instrument signed or issued by
duly authorized representative of Seller.
(g) This Agreement is the entire agreement between the parties with respect to the subject matter herein and
supersedes all oral and written communications regarding the subject matter hereof. There are no
understandings, agreements or representations, express or implied, not specified in the Agreement.