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Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan,
Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman,
Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia,
Tanzania, Uganda, United Arab Emirates, United Kingdom, West Bank/Gaza,
Yemen, Zambia, and Zimbabwe all disputes arising out of this Statement of
Limited Warranty or related to its execution, including summary proceedings,
will be submitted to the exclusive jurisdiction of the English courts; 3) in
Belgium and Luxembourg, all disputes arising out of this Statement of Limited
Warranty or related to its interpretation or its execution, the law, and the courts
of the 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, 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, Libya, 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
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; 6) 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 8) 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, Libya, FYR Macedonia,
Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Slovenia,
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan 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
45
Appendix B. IBM Statement of Limited Warranty Z125-4753-09 08/2006
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