IBM 09N4251 Guia Del Usuario página 92

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Agreement to submit to arbitration. The arbitration award shall be final
and binding for the parties without appeal and the arbitral award shall
be in writing and set forth the findings of fact and the conclusions of
law.
All proceedings shall be conducted, including all documents presented
in such proceedings, in the English language. The number of arbitrators
shall be three, with each side to the dispute being entitled to appoint
one arbitrator.
The two arbitrators appointed by the parties shall appoint a third
arbitrator before proceeding upon the reference. The third arbitrator
shall act as chairman of the proceedings. Vacancies in the post of
chairman shall be filled by the president of the ICC. Other vacancies
shall be filled by the respective nominating party. Proceedings shall
continue from the stage they were at when the vacancy occurred.
If one of the parties refuses or otherwise fails to appoint an arbitrator
within 30 days of the date the other party appoints its, the first
appointed arbitrator shall be the sole arbitrator, provided that the
arbitrator was validly and properly appointed.
The English language version of this Agreement prevails over any other
language version.
HONG KONG AND MACAU
Governing Law: The following replaces "laws of the country in which you
acquired the Machine" in the first sentence: laws of Hong Kong Special
Administrative Region.
INDIA
Limitation of Liability: The following replaces items 1 and 2 of this Section:
1. liability for bodily injury (including death) or damage to real
property and tangible personal property will be limited to that
caused by IBM's negligence;
B-10
1 GB Microdrive Storage Card: User's Guide

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