mrcharles
4bc56c83d3
- Real dispute-resolution/governing-law/venue section replaces the
unenforceable 'auto resolved in our favor' clause; jury waiver
rewritten with carve-outs
- New sections: definitions, liability cap, confidentiality, IP,
force majeure, assignment, notices, termination/renewal, e-sign
- SLA/SLO semantics fixed (SLA=contractual min, SLO=non-binding
target); payment currency/invoicing terms added
- Introduction now mustache-templated ({{PARTY2}} bug fixed)
- SUMMARY.md structure fixed (case mismatch, empty heading, dupes)
- RenderBook.sh build-only; new RenderSite.sh renders Grav pages
(site/) incl. DocuSeal e-sign page via APISIX
Ticket: https://projects.knownelement.com/issues/924
1.7 KiB
1.7 KiB
Dispute Resolution, Governing Law, and Waivers
Governing law and venue
- This contract is governed solely and entirely by the laws of the State of {{GOVERNING_STATE}}, without regard to its conflict-of-laws rules.
- The exclusive venue for any action arising out of or relating to this contract is the state or federal courts located in {{VENUE_COUNTY}}, {{GOVERNING_STATE}}, and each party consents to personal jurisdiction and venue in those courts.
Informal resolution first
- Before commencing any court or arbitration proceeding, the parties will attempt in good faith to resolve the dispute by direct negotiation between the officers identified in the Notices section, escalating to the chief executives of both parties if not resolved within 30 days of written notice of the dispute.
Jury trial waiver
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS CONTRACT.
- This waiver is mutual, is given in exchange for the other party's waiver, and does not waive either party's right to seek any remedy otherwise available at law or in equity, including injunctive and other equitable relief.
- Nothing in this contract limits either party's right to bring claims arising from the other party's fraud, willful misconduct, gross negligence, or violation of criminal law, or any claim that cannot be waived as a matter of law.
Severability of waivers
- If any waiver or limitation in this section is held unenforceable, it will be enforced to the maximum extent permissible, and the remainder of this contract remains in full force and effect.