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Copyright © 2019 Xflight Technologies LLC, Florida, USA
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providing notice, the failure to cure the default(s) within such time period shall result in
the automatic termination of this Contract.
10.
ARBITRATION
. Any controversies or disputes arising out of or relating to this Contract
shall be resolved by binding arbitration in accordance with the then-current Commercial
Arbitration Rules of the American Arbitration Association. The parties shall select a
mutually acceptable arbitrator knowledgeable about issues relating to the subject
matter of this Contract. In the event the parties are unable to agree to such a selection,
each party will select an arbitrator and the two arbitrators in turn shall select a third
arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall
take place at a location that is reasonably centrally located between the parties, or
otherwise mutually agreed upon by the parties. All documents, materials, and
information in the possession of each party that are in any way relevant to the dispute
shall be made available to the other party for review and copying no later than 30 days
after the notice of arbitration is served. The arbitrator(s) shall not have the authority to
modify any provision of this Contract or to award punitive damages. The arbitrator(s)
shall have the power to issue mandatory orders and restraint orders in connection with
the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on
the parties, and judgment may be entered in conformity with the decision in any court
having jurisdiction. The agreement to arbitration shall be specifically enforceable under
the prevailing arbitration law. During the continuance of any arbitration proceeding, the
parties shall continue to perform their respective obligations under this Contract.
11.
NOTICE.
Any notice or communication required or permitted under this Contract shall
be sufficiently given if delivered in person or by certified mail, return receipt requested,
to the addresses listed above or to such other address as one party may have furnished
to the other in writing. The notice shall be deemed received when delivered or signed
for, or on the third day after mailing if not signed for.
12.
ASSIGNMENT.
Neither party may assign or transfer this Contract without prior written
consent of the other party, which consent shall not be unreasonably withheld.
13.
ENTIRE CONTRACT.
This Contract contains the entire agreement of the parties regarding
the subject matter of this Contract, and there are no other promises or conditions in any
other agreement whether oral or written. This Contract supersedes any prior written or
oral agreements between the parties.
14.
SEVERABILITY.
If any provision of this Contract shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and
enforceable. If a court finds that any provision of this Contract is invalid or
unenforceable, but that by limiting such provision it would become valid and
enforceable, then such provision shall be deemed to be written, construed, and
enforced as so limited.