My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
1999-073
CBCC
>
Official Documents
>
1990's
>
1999
>
1999-073
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
7/27/2023 12:13:36 PM
Creation date
7/27/2023 10:57:32 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
03/16/1999
Control Number
1999-073
Subject
Ericsson Year 2000 Upgrade Proposal Contract Update. Y2K Situation
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
120
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
• <br />r <br />23. WAIVER OF JURY TRIAL. <br />THE PARTIES EACH AGREE THAT ANY DISPUTE AND ANY LEGAL <br />ACTION COMMENCED BY OR AGAINST EITHER PARTY SHALL BE <br />RESOLVED (SUBJECT TO ARBITRATION AS PROVIDED BELOW) BY <br />A COURT WITHOUT A JURY, AND EACH PARTY WAIVES ITS RIGHT <br />TO A JURY AS TO ANY DISPUTES OR CLAIMS ARISING UNDER OR <br />RELATING TO THIS CONTRACT, WHETHER FOR BREACH OR <br />ENFORCEMENT OF CONTRACT, TORT OR OTHERWISE, INCLUDING <br />ANY DISPUTES DESCRIBED IN 'PARAGRAPH 24 BELOW. Each party <br />acknowledges that jury trials are slower and more expensive than court <br />trials without juries, and, considering then nature of the complex <br />technology and other issues which may give rise to Disputes, that a judge <br />may be better trained than a random jury to evaluate the foreseeable <br />expert witnesses and other technology evidence. <br />24. ARBITRATION. <br />Any and all Disputes (as defined below) between or involving Seller and <br />Buyer shall be resolved by arbitration conducted by three arbitrators in <br />accordance with the Commercial Arbitration Rules of the American <br />Arbitration Association [the "AAA"] (as enhanced by any special rules and <br />procedures for Year 2000 related disputes and in accordance with the <br />Federal Arbitration Act, and in accordance with the applicable law and <br />express terms specified in the Contract). The arbitration shall be <br />conducted expeditiously at a convenient site determined by the arbitrators <br />within 100 miles of Seller's executive office in Virginia. The arbitrator <br />selected directly by each party shall be a lawyer with at least 10 years of <br />practice experience, a material part of which involves representing clients <br />with respect to transactions involving the sale of technological goods that <br />operate in conjunction with computer software or firmware. The third, <br />neutral arbitrator selected by the other two arbitrators shall be either an <br />experienced technology officer with expertise in transactions 'involving <br />comparable goods and software and with related Year 2000 Readiness <br />issues, or an experienced lawyer with sufficient knowledge and <br />comparable experience in order to be able himself to judge with certainty <br />which of conflicting experts for each party is correct in his or her opinion <br />regarding such technology transactions and Year 2000 Readiness issues. <br />The decision of the arbitrators shall be reported by with their written <br />findings of fact and conclusions of law in accordance with this Contract <br />following appfcable law. The arbitrators shall use their best efforts to <br />reach that decision within six (5) months from the date when the initial <br />arbitration request is made, and the arbitrators shall direct the process <br />accordingly to attempt to accommodate that timing. <br />G txp %ConlnO Y2K CnntfaCt. l:(IM 0 W final comoi d,w ?7 <br />-t `1 4tl.'o 75 0 m <br />
The URL can be used to link to this page
Your browser does not support the video tag.