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Future Disputes: WIPO Mediation Followed, in the Absence of a Settlement, by Court Litigation Clause

Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules. The place of mediation shall be [specify place]. The language to be used in the mediation shall be [specify language].

If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within [60][90] days of the commencement of the mediation, the courts of [specify place] shall have exclusive jurisdiction. Alternatively, if, before the expiration of the said period of [60][90] days, either party fails to participate or to continue to participate in the mediation, the courts of [specify place] shall have exclusive jurisdiction. The dispute, controversy or claim shall be decided in accordance with the law of [specify jurisdiction].

Existing Disputes: WIPO Mediation Followed, in the Absence of a Settlement, by Court Litigation Submission Agreement

We, the undersigned parties, hereby agree to submit to mediation in accordance with the WIPO Mediation Rules the following dispute:

[brief description of the dispute]

The place of mediation shall be [specify place]. The language to be used in the mediation shall be [specify language].

We further agree that, if, and to the extent that, the dispute has not been settled pursuant to the mediation within [60][90] days of the commencement of the mediation, the courts of [specify place] shall have exclusive jurisdiction. Alternatively, if, before the expiration of the said period of [60][90] days, either party fails to participate or to continue to participate in the mediation, the courts of [specify place] shall have exclusive jurisdiction. The dispute shall be decided in accordance with the law of [specify jurisdiction].

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