The applicable Hofstadter entity with which Company is contracting under this Agreement, to whom Company should direct notices under this Agreement, the governing law applicable to this Agreement, including any lawsuit or disputes arising out of or in connection with it, without giving effect to any choice or conflict of law provision or rule, and which courts can adjudicate any such lawsuit, shall be determined based on where the Company is domiciled in accordance with the following references. The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
The company is contracting with: Hofstadter, Inc. 4845 Pearl East Cir Ste 118 #17701 Boulder, Colorado 80301-6112
The governing law is: The Laws of the State of Delaware and the federal laws of the USA.
The courts having exclusive jurisdiction are: Any controversy or claim arising out of or relating to this Agreement or contract, or the alleged breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. In the event of a dispute, controversy or claim arising out of or relating in any way to the Agreement, the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, management level representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when th aggrieved party knew or should have known of the controversy, claim, dispute or breach. The number of arbitrators shall be one. The arbitration shall take place in Denver, CO, USA. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within one hundred and twenty days from the date the arbitrator is appointed. The arbitrator may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.