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Partner Agreement

Hauptgeschäftssitz des Teilnehmers (oder, wenn der Teilnehmer eine Privatperson ist, der Wohnsitz des Teilnehmers) Verweise auf „Bentley“ beziehen sich auf die folgende Bentley-Einheit: Geltendes Recht ist: Ausschließliche Zuständigkeit/Forum für die Streitbeilegung: 
USA und Kanada Bentley Systems, Inc. a Delaware corporation having its registered office at 685 Stockton Drive, Exton, PA 19341-0678  US-Bundesstaat Pennsylvania In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Philadelphia, Pennsylvania in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own attorney’s fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, either party has the right to commence proceedings against the other party in any court in respect of a failure by a party to comply with (i) any payment obligations; or (ii) any breach of confidentiality obligations under the Agreement without first submitting to binding arbitration.
Vereinigtes Königreich Bentley Systems (UK) Limited, having its registered office at 43rd Floor, 8 Bishopsgate, London, United Kingdom, EC2N 4BQ  England und Wales In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in London, United Kingdom in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own attorney’s fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Bentley has the right to commence proceedings against Partner in any court in respect of a failure by Partner to comply with its payment obligations under the Agreement without first submitting to binding arbitration.
Brasilien Bentley  Systems Brasil Ltda., mit eingetragenem Sitz in Avenida Paulista, 2537. 9º. Andar. Sala 09-114, São Paulo, SP, Zip Code  01310-100Brasilien 

In the event of disputes, controversies, questions, doubts or claims (“Dispute”) between the parties resulting from this Agreement, the parties shall use their best efforts to resolve the Dispute. For this purpose, either party may notify the other to attend a meeting at which an attempt will be made to resolve the Dispute through friendly discussions in good faith (“Dispute Notice”). Except as otherwise provided in this Agreement, if the parties do not find a solution, within a period of 30 (thirty) days after the delivery of the Dispute Notice from one party to the other, then the Dispute shall be resolved through arbitration. The arbitration procedure will be conducted by the AMCHAM Arbitration and Mediation Center in accordance with its rules (“Arbitration Rules”).

The resolution of a Dispute through arbitration procedure will only be applicable in the event that the disputed amount exceeds BRL 5,000,000.00 (five million reais). If this amount is not reached, the Dispute will be conducted, through litigation in the Courts of the City of São Paulo, State of São Paulo.
The arbitration shall be conducted in Portuguese by three arbitrators. The complainant must appoint an arbitrator in the “Request for Arbitration”, and the respondent must appoint an arbitrator at its first opportunity to demonstrate. If one of the parties fails to appoint its respective arbitrator, the latter will be appointed in accordance with the procedure set out in the Arbitration Rules. The two arbitrators shall, by mutual agreement, appoint the third arbitrator, who shall be the president of the arbitral tribunal. If there is no consensus, the third arbitrator will be appointed in accordance with the Arbitration Rules.

The parties recognize that any of the parties may request an urgent injunctive relief before the Courts of the City of São Paulo, State of São Paulo, and such request will not be considered incompatible with, or as a waiver of, any provisions contained in this clause or in Law 9.307/96. In addition to the authority of the arbitration court conferred by the Arbitration Rules, the arbitral tribunal has the authority to issue orders and grant preliminary injunctions, precautionary measures, injunctive relief and determine specific enforcement, when deemed fair and equitable.
The arbitration award must be expressed in writing and reasoned, being considered final and binding between the parties, in addition to being enforceable in accordance with its terms. The arbitration award may determine the distribution of costs related to the arbitration process, including reasonable attorneys’ fees and disbursements.

The election of the arbitration forum carried out by the parties to this Agreement does not prevent any of the parties from judicially executing the arbitral award or the certain and enforceable obligations under this Agreement.

Mexiko BENTLEY SYSTEMS DE MEXICO S.A., having its registered office at Insurgentes Sur 1079 piso 3, Oficina 03-125, Colonia Noche Buena, Delegación Benito Juárez, C.P. 03720, Ciudad de México Mexiko In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Mexico City, Mexico, in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Bentley has the right to commence proceedings against Partner in any court in respect of a failure by Partner to comply with its payment obligations under the Agreement without first submitting to binding arbitration.
China Bentley Systems (Beijing) Co., Ltd., mit eingetragenem Sitz in Unit 1405-06, Tower 1, China Central Place, No. 81 Jianguo Road, Chaoyang District, Peking, China  Volksrepublik China The parties agree to resolve amicably any dispute or difference arising from or in connection with the Agreement. In the event the parties are unable to settle the dispute or difference within 30 days from the delivery by any party of a notice confirming the existence of the dispute, any party may submit the dispute to the China International Economic and Trade Arbitration Commission in Beijing (“CIETAC”) for final and binding arbitration in accordance with CIETAC’s rules and procedures. The award rendered by CIETAC shall be enforceable by any court of competent jurisdiction.  
Taiwan Bentley Systems, Incorporated, Taiwan Branch, mit eingetragenem Sitz in Spaces, 1F., No. 170, Sec. 3, Nanjing E.Rd., Zhongshan Dist., Taipei City 104, Taiwan, Republic of China Taiwan Any dispute, controversy, difference or claim arising out of, relating to or in connection with the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration referred to the Chinese Arbitration Association, Taipei in accordance with the Association’s arbitration rules. The place of arbitration shall be in Taipei, Taiwan. The language of arbitration shall be English. The arbitral award shall be final and binding upon both parties.  
Indien Bentley Systems India Private Limited, mit eingetragenem Sitz in Suite No. 1001 & 1002,  WorkWell Suites, 10th Floor,  Max House,  1516/338, 339, 340, Village Bahapur, New Delhi 110020, India Indien In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in New Delhi, India appointed in accordance with the Rules of Arbitration of the International Chamber of Commerce, and such dispute, controversy or claim shall be finally settled in accordance with the said Rules. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Subject to arbitrations, the parties agree to submit to the exclusive jurisdiction of courts in New Delhi, India. However, notwithstanding the foregoing, Bentley has the right to commence proceedings against Partner in any court in respect of a failure by Partner to comply with its payment obligations under the Agreement without first submitting to binding arbitration.
Weltweit, außer in einem der oben beschriebenen Länder oder Regionen Bentley Systems International Limited, having its registered office at 6th Floor, 1 Cumberland St, Fenian St, Dublin 2, D02 AX07, IrelandIrland In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Dublin, Ireland in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Bentley has the right to commence proceedings against Partner in any court in respect of a failure by Partner to comply with its payment obligations under the Agreement without first submitting to binding arbitration.

Partner’s principal place of business (or, if the Partner is an individual, where the Subscriber is resident) 

Verweise auf „Bentley“ beziehen sich auf die folgende Bentley-Einheit:
Bentley Systems, Inc. a Delaware corporation having its registered office at 685 Stockton Drive, Exton, PA 19341-0678 

Geltendes Recht ist:
Commonwealth of Pennsylvania 

Ausschließliche Zuständigkeit/Forum für die Streitbeilegung:
In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Philadelphia, Pennsylvania in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own attorney’s fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, either party has the right to commence proceedings against the other party in any court in respect of a failure by a party to comply with (i) any payment obligations; or (ii) any breach of confidentiality obligations under the Agreement without first submitting to binding arbitration.

References to “Bentley” mean the following Bentley entity:  
Bentley Systems (UK) Limited, having its registered office at 43rd Floor, 8 Bishopsgate, London, United Kingdom, EC2N 4BQ

Governing law is: 
England and Wales 

Ausschließliche Zuständigkeit/Forum für die Streitbeilegung:
In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in London, United Kingdom in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own attorney’s fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Bentley has the right to commence proceedings against Partner in any court in respect of a failure by Partner to comply with its payment obligations under the Agreement without first submitting to binding arbitration.

References to “Bentley” mean the following Bentley entity:   
Bentley Systems Brasil Ltda., having its registered office at Avenida Paulista, 2537. 9º. Andar. Sala 09-114, São Paulo, SP, Zip Code 01310-100

Governing law is: 
Brasilien

Ausschließliche Zuständigkeit/Forum für die Streitbeilegung:
In the event of disputes, controversies, questions, doubts or claims (“Dispute”) between the parties resulting from this Agreement, the parties shall use their best efforts to resolve the Dispute. For this purpose, either party may notify the other to attend a meeting at which an attempt will be made to resolve the Dispute through friendly discussions in good faith (“Dispute Notice”). Except as otherwise provided in this Agreement, if the parties do not find a solution, within a period of 30 (thirty) days after the delivery of the Dispute Notice from one party to the other, then the Dispute shall be resolved through arbitration. The arbitration procedure will be conducted by the AMCHAM Arbitration and Mediation Center in accordance with its rules (“Arbitration Rules”).
The resolution of a Dispute through arbitration procedure will only be applicable in the event that the disputed amount exceeds BRL 5,000,000.00 (five million reais). If this amount is not reached, the Dispute will be conducted, through litigation in the Courts of the City of São Paulo, State of São Paulo.

The arbitration shall be conducted in Portuguese by three arbitrators. The complainant must appoint an arbitrator in the “Request for Arbitration”, and the respondent must appoint an arbitrator at its first opportunity to demonstrate. If one of the parties fails to appoint its respective arbitrator, the latter will be appointed in accordance with the procedure set out in the Arbitration Rules. The two arbitrators shall, by mutual agreement, appoint the third arbitrator, who shall be the president of the arbitral tribunal. If there is no consensus, the third arbitrator will be appointed in accordance with the Arbitration Rules.

The parties recognize that any of the parties may request an urgent injunctive relief before the Courts of the City of São Paulo, State of São Paulo, and such request will not be considered incompatible with, or as a waiver of, any provisions contained in this clause or in Law 9.307/96. In addition to the authority of the arbitration court conferred by the Arbitration Rules, the arbitral tribunal has the authority to issue orders and grant preliminary injunctions, precautionary measures, injunctive relief and determine specific enforcement, when deemed fair and equitable.
The arbitration award must be expressed in writing and reasoned, being considered final and binding between the parties, in addition to being enforceable in accordance with its terms. The arbitration award may determine the distribution of costs related to the arbitration process, including reasonable attorneys’ fees and disbursements.
The election of the arbitration forum carried out by the parties to this Agreement does not prevent any of the parties from judicially executing the arbitral award or the certain and enforceable obligations under this Agreement.

References to “Bentley” mean the following Bentley entity:  
BENTLEY SYSTEMS DE MEXICO S.A., having its registered office at Insurgentes Sur 1079 piso 3, Oficina 03-125, Colonia Noche Buena, Delegación Benito Juárez, C.P. 03720, Ciudad de México

Governing law is: 
Mexico 

Ausschließliche Zuständigkeit/Forum für die Streitbeilegung:
In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Mexico City, Mexico, in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Bentley has the right to commence proceedings against Partner in any court in respect of a failure by Partner to comply with its payment obligations under the Agreement without first submitting to binding arbitration.

References to “Bentley” mean the following Bentley entity:  
Bentley Systems (Beijing) Co., Ltd., having its registered office at Unit 1405-06, Tower 1, China Central Place, No. 81 Jianguo Road, Chaoyang District, Beijing, China  

Governing law is: 
Volksrepublik China

Ausschließliche Zuständigkeit/Forum für die Streitbeilegung:
The parties agree to resolve amicably any dispute or difference arising from or in connection with the Agreement. In the event the parties are unable to settle the dispute or difference within 30 days from the delivery by any party of a notice confirming the existence of the dispute, any party may submit the dispute to the China International Economic and Trade Arbitration Commission in Beijing (“CIETAC”) for final and binding arbitration in accordance with CIETAC’s rules and procedures. The award rendered by CIETAC shall be enforceable by any court of competent jurisdiction.

References to “Bentley” mean the following Bentley entity:  
Bentley Systems, Incorporated, Taiwan Branch, having its registered office at Spaces, 1F., No. 170, Sec. 3, Nanjing E.Rd., Zhongshan Dist., Taipei City 104, Taiwan, Republic of China   

Governing law is: 
Taiwan

Ausschließliche Zuständigkeit/Forum für die Streitbeilegung: 
Sämtliche Streitigkeiten, Meinungsverschiedenheiten, Differenzen oder Ansprüche, die sich aus dem Vertrag oder in Verbindung mit dem Vertrag oder dessen Verletzung, Beendigung oder Ungültigkeit ergeben, werden durch ein Schiedsverfahren bei der Chinese Arbitration Association, Taipeh, gemäß der Schiedsordnung der Vereinigung endgültig entschieden. Der Ort des Schiedsverfahrens ist Taipeh, Taiwan. Die Sprache des Schiedsverfahrens ist Englisch. Der Schiedsspruch ist endgültig und für beide Parteien bindend.

References to “Bentley” mean the following Bentley entity:  
Bentley Systems India Private Limited, having its registered office at Suite No. 1001 & 1002, WorkWell Suites, 10th Floor,
Max House, 1516/338, 339, 340, Village Bahapur, New Delhi 110020, India 

Governing law is: 
Indien

Ausschließliche Zuständigkeit/Forum für die Streitbeilegung:
In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in New Delhi, India appointed in accordance with the Rules of Arbitration of the International Chamber of Commerce, and such dispute, controversy or claim shall be finally settled in accordance with the said Rules. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Subject to arbitrations, the parties agree to submit to the exclusive jurisdiction of courts in New Delhi, India. However, notwithstanding the foregoing, Bentley has the right to commence proceedings against Partner in any court in respect of a failure by Partner to comply with its payment obligations under the Agreement without first submitting to binding arbitration.

References to “Bentley” mean the following Bentley entity:  
Bentley Systems International Limited, having its registered office at 6th Floor, 1 Cumberland St , Fenian St, Dublin 2, D02 AX07, Ireland

Governing law is: 
Ireland 

Ausschließliche Zuständigkeit/Forum für die Streitbeilegung:
In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Dublin, Ireland in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Bentley has the right to commence proceedings against Partner in any court in respect of a failure by Partner to comply with its payment obligations under the Agreement without first submitting to binding arbitration.

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