| Description |
We need to replace Section 9.10 Governing Law and Jurisdiction of the Customer Master Agreement, with the following:
+Governing Law; Arbitration; Exclusive Jurisdiction+. This Agreement, for all purposes, shall be construed in accordance with the substantive laws of the State of Indiana, without regard to conflicts-of-law principles. The parties agree that any dispute, controversy or claim arising out of or related to this Agreement, including without limitation the formation or validity of the Agreement or this arbitration provision, or any breach of this Agreement, shall be submitted to and decided by binding arbitration in Fort Wayne, Indiana, administered by the American Arbitration Association. Any arbitral award determination shall be final and binding upon the parties and may be entered as a judgment in a court of competent jurisdiction. Nothing in this arbitration provision shall limit the right of either party to invoke the jurisdiction of an appropriate court to seek and to obtain injunctive or other emergency relief enforcing this Agreement, or to seek an order compelling arbitration or enforcing an arbitration award. Any action or proceeding by either party with respect to this Agreement shall be brought only in the state courts located in the State of Indiana, Allen County or the United States District Court for the Northern District of Indiana. The parties hereby irrevocably submit to the exclusive jurisdiction of such courts and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue.
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