| ||(i) || |
All rights and remedies under this Agreement are cumulative. A Partys exercise of any right or remedy does not affect its other rights or remedies under this Agreement or at law or in equity.
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APPLICABLE LAW AND DISPUTES
This Agreement shall be governed by and construed in accordance with American law, expressly that of the State of California, without reference to the conflict of laws.
Except as set forth below, any disputes arising between the Parties out of or in connection with this Agreement or the interpretation, breach or enforcement of this Agreement shall be resolved and settled by San Mateo, CA, USA in accordance with the Rules of the Board of Arbitration of the Central Chamber of Commerce of America by one (1) arbitrator to be appointed by the Arbitration Committee of the Central Chamber of Commerce of America. The award shall be final and binding. The language used in arbitration, including the language of the proceedings, the language of the decision, and the reasons supporting it, shall be English.
The Parties agree to recognize the decision of the arbitrators as final, binding and executable. The arbitration shall be the exclusive remedy of the Parties to the dispute regarding claims or counterclaims presented to the arbitrators.
Notwithstanding the foregoing, any disputes or claims related to SONIMs Intellectual Property Rights or confidential information, or for injunctive relief, may, at SONIMs sole election, be brought and maintained in any court of competent jurisdiction.
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ENTIRE AGREEMENT AND APPLIED DOCUMENTS
This Agreement represents the entire agreement and understanding between the Parties with regard to the sale and purchase of Product. This Agreement cancels and supersedes all former and previous agreements, arrangements, proposals, representations or statements (whether oral, written or implied from the conduct of the Parties), discussions, correspondence and negotiations between the Parties in relation to the subject matter of this Agreement. The terms of the Appendices shall be incorporated herein and made a part of this Agreement.
This Agreement shall supersede the provisions of any general conditions of purchase/sale which may be made part of any Purchase Order used by SONIM or of any order, quotation, confirmation, invoice or other documents used by SELLER.
Any Appendix may be modified, altered, added to or amended by a written agreement or a written mutual confirmation between the Parties. Such agreement shall usually be carried out simply by replacing the respective Appendix with an update signed by both Parties or in an exchange of writings between the Parties confirming the use of the new version of that Appendix.
Other modifications, alterations, additions or amendments to this Agreement (excluding Appendices) shall be valid only if signed by both Parties and expressly marked Amendment to the Frame Purchase Agreement.
The Appendices expressly listed below shall be an integral part of this Agreement.
The documents included in or referred to in this Agreement shall, in case of a conflict between two or more of the documents, be applied in the following order of priority:
| ||(b) || |
Appendix A (Delivery Address(es));
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Appendix B (Consignment Terms & Condition)
For the sake of clarity it is specifically mentioned that the Parties can add additional Specifications to the Agreement as agreed mutually by the Parties.
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