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ARBITRATION
Any disagreement between the parties relating to any interpretation, construction,
performance or breach of this Agreement shall be settled by arbitration to be held in
San Diego Country, California, in accordance with the laws of the State of California
in accordance with the rules, then in effect of the American Arbitration Association.
The arbitrator may grant injunctions or other relief in such dispute or controversy.
The decision of the arbitrator shall be final, conclusive, and binding on the parties to
the arbitration. Judgment may be entered on the arbitrator’s decision in any court
having jurisdiction. The party bring arbitration agrees to incur the total costs and
expenses of such arbitration and shall pay their counsel fees and expenses.
MISCELLANEOUS
This Agreement constitutes the entire agreement between Vigitron and you,
concerning the subject matter hereof, and it may only be modified by a written
amendment signed by an authorized executive of Vigitron.
Except to the extent applicable law, if any, provides otherwise, this
Agreement will be governed by the laws of the state of California, U.S.A.,
excluding its conflict of law provisions. It is further agreed that if one or
more provision of this agreement are held to be illegal or unenforceable
under applicable California law, such illegal or unenforceable portion(s)
shall be limited or excluded from this Agreement to the minimum extent
required that this Agreement shall otherwise remain in full force and effect
and enforceable in accordance with its terms.
This Agreement will not be governed by the United Nations Convention on
Contracts for the International Sale of Goods.
If any part of this Agreement is held invalid or unenforceable, that part will
be construed to reflect the parties' original intent, and the remaining
portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any
breach thereof, in any one instance, will not waive such term or condition
or any subsequent breach thereof.
Except as required by law, the controlling language of this Agreement is
English.
You may assign your rights under this Agreement to any party that consents
to, and agrees to be bound by, its terms. Vigitron may assign its rights
under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the
parties, their successors and permitted assigns.
