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application of the laws of any jurisdiction other than those of the State of Colorado.
<br />Subject to Section 12.9 hereto, any legal suit, action, or proceeding arising out of or
<br />related to the Agreement will be instituted exclusively in the federal courts of the United
<br />States or the courts of the State of Colorado, in each case located in the city of Denver
<br />and County of Denver, and each Party irrevocably submits to the exclusive jurisdiction of
<br />such courts in any such suit, action, or proceeding.
<br />12.9. Arbitration. All claims, disputes or causes of action under $10,000 USD between
<br />AirDNA and Customer relating to or arising from this Agreement shall be resolved by
<br />mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of
<br />the American Arbitration Association ("AAA"), which must be commenced within one (1)
<br />year after such claim, dispute or cause of action arises. The arbitration shall be
<br />conducted in Denver, Colorado, and the Federal Arbitration Act, and not any state law
<br />concerning arbitration, shall apply. The arbitration award shall be final and exclusive,
<br />and the prevailing party in the arbitration may file an action in court to confirm and to
<br />enforce the arbitration award. Should either Party pursue any other judicial or
<br />administrative action with respect to any matter included within the scope of this
<br />binding arbitration provision, the responding Party will be entitled to recover its costs,
<br />expenses and attorneys' fees incurred as a result of such action. Further, any and all
<br />disputes, claims and causes of action arising out of or connected with this Agreement,
<br />will be resolved individually, without resort to any form of class action.
<br />12.10. Assignment. Licensee may not assign or transfer any of its rights or delegate any
<br />of its obligations in the Agreement, in each case whether voluntarily, involuntarily, by
<br />operation of law, or otherwise, without the prior written consent of Licensor, which
<br />consent shall not be unreasonably withheld, conditioned, or delayed. Any purported
<br />assignment, transfer, or delegation in violation of this Section is null and void. No
<br />assignment, transfer, or delegation will relieve the assigning or delegating Party of any
<br />of its obligations hereunder. These Terms and the Agreement are binding upon and inure
<br />to the benefit of the Parties and their respective permitted successors and assigns.
<br />12.11. Equitable Relief. Each Party acknowledges and agrees that a breach or threatened
<br />breach by such Party of any of its obligations under Section 3 or, in the case of Licensee,
<br />Section 1.3 would cause the other Party irreparable harm for which monetary damages
<br />would not be an adequate remedy and agrees that, in the event of such breach or
<br />threatened breach, the other Party will be entitled to equitable relief, including a
<br />restraining order, an injunction, specific performance, and any other relief that may be
<br />available from any court, without any requirement to post a bond or other security, or to
<br />prove actual damages or that monetary damages are not an adequate remedy. Such
<br />remedies are not exclusive and are in addition to all other remedies that may be
<br />available at law, in equity, or otherwise.
<br />10/23/25, 1:37 PM Enterprise Terms of Service
<br />https://www.airdna.co/legal/enterprise-terms-of-service 14/15
<br />Docusign Envelope ID: 071B8E12-6074-40C4-9776-8B9CE9408BBE
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