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capital city, of the country of your registered office and/or commercial site
location only are competent; 4) in France, Algeria, Benin, Burkina Faso,
Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo
Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea,
French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau,
Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte,
Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia,
Vanuatu, and Wallis & Futuna all disputes arising out of this Statement of
Limited Warranty or related to its violation or execution, including summary
proceedings, will be settled exclusively by the Commercial Court of Paris; 5) in
Russia, all disputes arising out of or in relation to the interpretation, the
violation, the termination, the nullity of the execution of this Statement of
Limited Warranty shall be settled by Arbitration Court of Moscow; 6) in South
Africa, Namibia, Lesotho and Swaziland, both of us agree to submit all
disputes relating to this Statement of Limited Warranty to the jurisdiction of
the High Court in Johannesburg; 7) in Turkey all disputes arising out of or in
connection with this Statement of Limited Warranty shall be resolved by the
Istanbul Central (Sultanahmet) Courts and Execution Directorates of Istanbul,
the Republic of Turkey; 8) in each of the following specified countries, any
legal claim arising out of this Statement of Limited Warranty will be brought
before, and settled exclusively by, the competent court of a) Athens for Greece,
b) Tel Aviv-Jaffa for Israel, c) Milan for Italy, d) Lisbon for Portugal, and e)
Madrid for Spain; and 9) in the United Kingdom, both of us agree to submit
all disputes relating to this Statement of Limited Warranty to the jurisdiction of
the English courts.
Arbitration: The following is added under this heading:
In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria,
Croatia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, FYR Macedonia,
Moldova, Poland, Romania, Russia, Slovakia, Slovenia, Tajikistan,
Turkmenistan, Ukraine, Uzbekistan, and FR Yugoslavia all disputes arising
out of this Statement of Limited Warranty or related to its violation,
termination or nullity will be finally settled under the Rules of Arbitration and
Conciliation of the International Arbitral Center of the Federal Economic
Chamber in Vienna (Vienna Rules) by three arbitrators appointed in accordance
with these rules. The arbitration will be held in Vienna, Austria, and the official
language of the proceedings will be English. The decision of the arbitrators will
be final and binding upon both parties. Therefore, pursuant to paragraph 598
(2) of the Austrian Code of Civil Procedure, the parties expressly waive the
application of paragraph 595 (1) figure 7 of the Code. IBM may, however,
institute proceedings in a competent court in the country of installation.
In Estonia, Latvia and Lithuania all disputes arising in connection with this
Statement of Limited Warranty will be finally settled in arbitration that will be
held in Helsinki, Finland in accordance with the arbitration laws of Finland
then in effect. Each party will appoint one arbitrator. The arbitrators will then
Appendix A. IBM Statement of Limited Warranty Z125-4753-08 04/2004 55