Incredimail 2012 Annual Report Download - page 313

10.10 Arbitration; Consent to Service of Process.
(a) IN THE EVENT THAT A RESOLUTION IS NOT REACHED AMONG THE PARTIES
WITHIN 30 DAYS AFTER WRITTEN NOTICE OF A DISPUTE, THE DISPUTE SHALL BE FINALLY SETTLED
BY BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION AGREEMENT SET FORTH IN
SECTION 9.5(c) HEREOF.
(b) Subject to the foregoing, the parties hereto hereby irrevocably submit to the exclusive
jurisdiction of the Tel-Aviv-
Jaffa District Court in connection with any matter based upon or arising out of this Agreement
or the matters contemplated herein, agree that process may be served upon them in any manner authorized by the laws of
the State of Israel for such persons and waive and covenant not to assert or plead any objection which they might
otherwise have to such jurisdiction, venue and such process, and each party agrees not to commence any legal proceedings
related hereto except in such courts. A party may apply either to a court of competent jurisdiction or to an arbitrator, if one
has been appointed, for prejudgment remedies and emergency relief pending final determination of a claim pursuant to
this Section 10.10
. The appointment of an arbitrator does not preclude a party from seeking prejudgment remedies and
emergency relief from a court of competent jurisdiction.
10.11 Rules of Construction
. The parties hereto have been represented by counsel during the negotiation, preparation and
execution of this Agreement and, therefore, hereby waive, with respect to this Agreement, each Schedule and each Exhibit attached hereto, the
application of any law, regulation, holding or rule of construction providing that ambiguities in an agreement or other document shall be
construed against the party drafting such agreement or document
10.12 No Set-Off . Except as set forth in this Agreement, no party shall have the right to set-
off from payments due to another
party pursuant to this Agreement, against payments due to it from such other party.
[ S
IGNATURE P AGES F OLLOW ]
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