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Archiv/2011-09 Grant Agreement/Working Draft: Unterschied zwischen den Versionen

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Zeile 168: Zeile 168:


6.8.
6.8.
:In the unlikely event of litigation, the Superior Court of San Francisco County or the United States District Court for the Northern District of California shall have exclusive jurisdiction and venue over all controversies in connection herewith, and the Parties hereby expressly consent to such exclusive and personal jurisdiction and venue. In the event that any action, suit, or proceeding is brought to enforce the terms of this Agreement, the prevailing Party shall be entitled to recover its costs of enforcement,
:In the unlikely event of litigation, the Superior Court of San Francisco County or the United States District Court for the Northern District of California shall have exclusive jurisdiction and venue over all controversies in connection herewith, and the Parties hereby expressly consent to such exclusive and personal jurisdiction and venue. In the event that any action, suit, or proceeding is brought to enforce the terms of this Agreement, the prevailing Party shall be entitled to recover its costs of enforcement, including expert witness fees, reasonable attorney's fees and court costs, and costs and fees on appeal.
including expert witness fees, reasonable attorney's fees and court costs, and costs and fees on appeal.


6.9.
6.9.
Zeile 177: Zeile 176:
:Failure of either Party to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right with respect to the particular situation involved.
:Failure of either Party to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right with respect to the particular situation involved.


6.11.:
6.11.
If any provision of this Agreement is found to be illegal or unenforceable, the other provisions shall remain effective and enforceable to the greatest extent permitted by law.
:If any provision of this Agreement is found to be illegal or unenforceable, the other provisions shall remain effective and enforceable to the greatest extent permitted by law.


6.12.
6.12.
:No modification of this Agreement shall be effective absent a written amendment signed by both Parties or their designees.
:No modification of this Agreement shall be effective absent a written amendment signed by both Parties or their designees.


6.13.:This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement and supersedes all prior written and oral agreements between the Parties regarding the subject matter of this Agreement. The Grantee represents and warrants that it is not relying on any statement or representation not contained in this Agreement. The headings of this Agreement are for convenience of reference only and shall not in any way affect the interpretation
6.13.
thereof.
:This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement and supersedes all prior written and oral agreements between the Parties regarding the subject matter of this Agreement. The Grantee represents and warrants that it is not relying on any statement or representation not contained in this Agreement. The headings of this Agreement are for convenience of reference only and shall not in any way affect the interpretation thereof.


6.14.
6.14.
WLM
2.350

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