DISCLAIMER
The person to be appointed as arbitrator shall be agreed between the parties, or failing such agreement within ten (10) days, to be nominated by the President for the time being of the Law society of Ireland.
The arbitrator shall have power to open up, review and revise any opinion, decision, requisition or notice, and to determine all matters in dispute which shall be submitted to him and of which notice shall have been given as aforesaid in the same manner as if no such opinion, decision, requisition or notice have been given. Every or any such reference shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act, 1954-1998 as amended from time to time.
The language of arbitration shall be English and the venue shall be Letterkenny, Co. Donegal, Ireland.
Unless the parties expressly agree in writing to the contrary, the parties undertake as a general principal to keep confidential: the referral to arbitration, all awards together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another party in the proceedings not otherwise in the public domain – save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in bona fide legal proceedings before a court or other judicial authority.
Without prejudice to the foregoing, Property in Donegal Limited may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and Property in Donegal Limited may bring enforcement proceedings in another state on foot of an Irish judgement.
If any provision of this Agreement is found to be invalid by any arbitrator, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
12. Disclaimer
The information from or through this site is provided "as-is," "as available," and Property in Donegal Limited and its directors, employees, content providers, agents and affiliates exclude and disclaim to the fullest extent permitted by applicable law, all warranties, express or implied (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information may contain errors, problems or other limitations. We accept no liability for any inaccurate information. We are not liable for any indirect, special, incidental, or consequential damages of any kind arising from the use of this Site or the unavailability of the Site, including, but not limited to, lost profits and direct, indirect, incidental, punitive and consequential damages. The functions embodied on or in the materials of this Site are not warranted to be uninterrupted or without error. You, not Property in Donegal Limited, assume the entire cost of all necessary servicing, repair or correction due to your use of this Site.
There may be links to other websites from this Site; however, these other websites are not controlled by Property in Donegal Limited and we are not responsible for any content contained on any such website or any loss or damage suffered by you in relation to your use of such websites. You waive any and all claims against Property in Donegal Limited regarding the inclusion of links to outside websites or your use of those websites. These links to outside websites are provided solely as a convenience to you and are not endorsements of any products or services in such sites, and no information in any such site has been endorsed or approved by us. If you use these sites, you do so at your own risk. Property in Donegal Limited makes no warranty or representation regarding, and does not sponsor or endorse, any linked Web sites or the information or materials appearing thereon or any of products and services described thereon. These third party sites may also contain opinions and viewpoints of third parties that do not necessarily coincide with our opinions and viewpoints. Furthermore, links do not imply that Property in Donegal Limited is affiliated or associated with, or that any linked Site is authorised to use any trademark, trade name, logo, or copyright of Property in Donegal Limited.
Property in Donegal Limited assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (or your downloading of any materials from the Site.
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