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This excerpt taken from the ATVI 10-Q filed Feb 8, 2006. Governing Law; Venue; Attorneys Fees. This Agreement
is to be construed and controlled by the laws of the State of Washington. U.S.A.,
and Publisher consents to exclusive jurisdiction and venue in the federal courts
sitting in King County, Washington,
U.S.A., unless no federal jurisdiction exists, in which case Publisher consents
to exclusive jurisdiction and venue in the Superior Court of King County, Washington,
U.S.A. Publisher waives all defenses of lack
of personal jurisdiction and forum
non conveniens. Process may be served on
either party in the manner authorized by applicable law or court rule. The
English version of this Agreement is determinative over any translations thereof. If either party employs attorneys to enforce any rights arising out of or relating
to this Agreement, the prevailing party is entitled to recover its reasonable attorneys fees, costs
and other expenses. This choice of jurisdiction
provision does not prevent Microsoft
from seeking injunctive relief with respect to a violation of intellectual property
rights or confidentiality obligations
in any appropriate jurisdiction.
18.2 |
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