Press room and sales room: exhibitions

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FIELD
 
AUCTION(*)
 
FIRST NAME(*)
 
LAST NAME(*)
 
TITLE
 
ORGANIZATION(*)
 
MEDIA OUTLET(*)
 
WEBSITE(*)
 
ADDRESS (LINE 1) (*)
 
ADDRESS (LINE 2) (*)
 
CITY(*)
 
STATE(*)
 
POSTAL CODE / ZIP CODE(*)
 
COUNTRY (*)
 
EMAIL(*)
 
CONFIRM EMAIL(*)
 
MOBILE NUMBER(*)
 
DIRECT (LAND LINE) NUMBER
 
FAX NUMBER
 
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  • These Press Credentials (these “Credentials”) apply to, and govern, your application for, and use of, an Accreditation to attend an Auction and/or Event (as such terms are hereinafter defined).  Unless otherwise specifically defined herein, defined terms shall have the meanings ascribed to them in clause 1 (Definitions and Interpretation) of these Credentials.  You will not be granted access to either: (i) any Auction and/or Event; or (ii) a discussion and/or interview with the Artist and/or any of the Artist’s Representatives, unless and/or until you have applied for and obtained the relevant Accreditation.  By applying for any Accreditation, entry into any Auction and/or Event and/or any discussion or interview with the Artist, you hereby irrevocably and unconditionally accept these Credentials in their entirety.
If you do not agree to these Credentials, please do not apply for any Accreditation, entry into any Auction and/or Event and/or any discussion or interview with the Artist. The Event Owner, the Artist and/or the Legal Representative each reserve the full and unfettered right to modify, amend and/or supplement these Credentials without notice. Continuing with your application for any Accreditation, entry into any Auction and/or Event and/or any discussion or interview with the Artist or attending, conducing and/or otherwise participating in Auction, Event, discussion or interview, following the applications of such modifications, amendments and/or changes to these Credentials, will mean you accept those changes.
1                     DEFINITIONS AND INTERPRETATION
1.1               In these Credentials, the following defined terms shall have the meanings ascribed to them:
DEFINED TERM
MEANING
Accreditation
means an approval, authorization and/or permission to attend an Auction and/or other Event held by, or on behalf of, the Event Owner and/or the Artist
Accreditation Pass
means the physical badge, pass and/or other identification tag issue by, or on behalf of the, the Event Owner and/or the Artists
Affiliates
means with respect to any person, any other person that, directly or indirectly: (a) owns or who has Control over the first person, (b) is owned by the first person, or such first person has Control over such other person, or (c) is commonly owned or under common Control with the first person. For the purposes of this definition, (a) the term “own” or “owned” means ownership of some of the equity interests or rights to distributions on account of equity of the person in question and (b) the term “Control” means the power to direct the management or policies of the first person, whether through the ownership of voting securities, by contract, or otherwise.  The terms “Control” “Controlling” and “Controlled” shall be construed accordingly
Applicable Law
means any law, subordinate legislation, statute, by-law, regulation, treaty, judgment, decision, rule, notice, order, code of practice (whether or not having the force of law but, if not having the force of law, being of a type with which any person to which it applies is accustomed to comply) of, or made by, any Competent Authority
Arbitration Law
has the meaning given to such term in clause 19
Artist
means Sharmaine Theresa Pretorius, a national of South Africa
Artist’s Group
means the Artist, the Event Owner, their Affiliates and each of their respective shareholders, directors, officers, employees, advisors, contractors and representatives
Artwork
means any and all artwork, composites, concepts, creations, designs, depictions, drawings, ideas, illustrations, impressions, paintings, portrayals, prints, preparatory works, originals, representations, reproductions, sculptures, sketches, created, developed and/or produced by, or on behalf of, the Artist
Assurance
means any express or implied assurance, commitment, declaration, guarantee, promise, representation, undertaking and/or warranty
Auction
means a public, private and/or limited auction, organized by, or on behalf of, the Event Owner and/or the Artist, for the sale, or intended sale, of any Artwork
Claim
means any and/or all actions, causes of actions, claims, demands, investigations, judgments, obligations, liabilities, set-offs, settlements or the like, in any jurisdiction or country, whether known or unknown, suspected or unsuspected, contingent or non-contingent, past, present or future, at common law, civil law, equity or otherwise
Competent Authority
any local, national or supranational agency, authority, department, inspectorate, minister, official, court, tribunal or public or statutory person (whether autonomous or not) that has jurisdiction over you, any member of the Artist’s Group, the Website, the Content and/or the Facilities (or any part thereof)
Event
means an event, exhibition, experience, exposition, gathering and/or other occasion, organized by, or on behalf of, the Event Owner and/or the Artist
Event Owner
means Sharm.T.P. Ltd., a limited liability company incorporated in the Cayman in the Cayman Islands, whose correspondence address is c/o Maples Corporate Services Limited, PO Box 309, Ugland House, Grand Cayman, Cayman Islands, KY1-1104
Image
means any image, including photographic images and any still pictures derived or capable of being derived from a Recording
Indemnified Claim
has the meaning given to such term in clause 12.2
Intellectual Property Rights
means: (a) copyright, patents, know-how, confidential information, database rights, and rights in trademarks and designs (whether registered or unregistered) used and/or developed; (b) applications for registration, and the right to apply for registration, for any of the same; and (c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world in any and all media and formats, whether now known or hereafter devised
Legal Representative
means CMS Cameron McKenna Nabarro Olswang LLP (registered to practice in the Sultanate of Oman through Al Rashdi, Al Juma and Ewing Advocates and Legal Consultants as licensed by the Ministry of Justice of the Sultanate of Oman), with registered address at Building 6, Tilal Complex, Muscat Grand Mall, Muscat, the Sultanate of Oman.
For the attention of:  Ben Ewing – Partner-in-Charge.
Email Address: Ben.ewing@cms-cmno.com
Mad Solutions
means Mad Solutions FZ LLC, a company incorporated in the twofour54 Freezone in Abu Dhabi, with registered address at twofour54, Blue Building, P. O. Box: 769265, Abu Dhabi, the United Arab Emirates
Non-Monetary Remedies
has the meaning given to such term in clause 13.1
“OMR” or “Omani Rials”
means the lawful currency of the Sultanate of Oman
Recording Equipment
means any equipment that may enable any person to make, create, store, record, reproduce or transmit any kind of Recording or Image
Recordings
means any kind of sound recording, visual footage or audio-visual footage
Working Days
means days on which companies and banks are generally open for business in the Sultanate of Oman
1.2               For the purposes of these Credentials, except to the extent that the context otherwise requires:
(a)                the singular includes the plural and vice versa;
(b)                terms not defined in these Credentials shall have the meaning ordinarily ascribed to them in the Oxford English Dictionary (Second Edition);
(c)                a “person” includes an individual and a juristic person together with that person’s legal representatives, successors, beneficiaries and assign;
(d)                references to clauses are references clauses of these Credentials;
(e)                except as specified in these Credentials references to any decree, decision, enactment, law, legislation, order, ordinance, regulation, rule or legislation, including any amendment thereof;
(f)                 references to the words “include” or “including” shall be deemed to be followed by “without limitation” or “but not limited to” whether or not they are followed by such phrases or words of similar effect;
(g)                an obligation on a person to do an act includes an obligation to procure that it is done;
(h)                where a person is placed under a restriction in these Credentials, the restriction includes the obligation on that person to use reasonable endeavours not to effect the infringement of that restriction by any other person;
(i)                  references to “we” or “us” refer to the Event Owner and/or the Artist; and
(j)                  an indemnity given by a person to another is a full indemnity against all Claims except as otherwise stated.
2                     REVOCATION FOR NON-COMPLIANCE
2.1               Failure to comply with these Credentials (in their entirety) may result in the immediate revocation of your Accreditation, removal from the Auction or Event and also the possible loss of media privileges for future Auctions and/or Events for the media representative and/or the accredited media organization.  Such revocation, removal and/or loss is entirely without prejudice to any benefits, privileges, remedies and/or rights of any member of the Artist’s Group, whether arising under or in connection with these Credentials, Applicable Law and/or otherwise.
2.2               The termination of your Accreditation (or application thereof) and/or any other authorisation or approval granted pursuant to these Credentials, shall not affect the coming into force or the continuation in force or any provision of these Credentials, which is expressly or implication intended to come into force, or continue in force, on or after the termination of your Accreditation (or application thereof) and/or any other authorisation or approval granted pursuant to these Credentials.
3                     ELIGIBILITY
3.1               The Event Owner will issue or procure the issuance of, an Accreditation to members of the working media.  In order to be eligible to apply for an Accreditation, you must fulfil each of the following criteria:
(a)                you must be a member of the working media;
(b)                you must be a paid employee or representative of a known, established and reputable media organization;
3.2               If you wish to attend an Auction or an Event and you fulfil each of the Eligibility Criteria you may apply for an Accreditation by submitting the same to the Legal Representative.
3.3               By submitting a request for Accreditation, you hereby irrevocably and unconditionally accept, acknowledge and agree that you have read, understood and agree to bound by these Credentials.
3.4               If you are freelance journalists you must submit full information (including detailed contact information) for your assigning editor or producer.
3.5               Organizations may request more than one media Accreditation.
3.6               The Event Owner and the Artist welcome all media to attend their Auctions and Events.  Currently, the number of possible Accreditations that may be issued is not limited, however, certain Auctions and/or Events may have limited venue capacity and therefore the determination of who shall be granted an Accreditation will be with the Event Owner and the Artist (in their absolute and sole discretion).  Each application for an Accreditation will be reviewed and evaluated based on certain criteria.  The following categories of media will be given priority:
(a)                print and/or web-based media organizations serving the high-end art, contemporary art, art scene and designer living;
(b)                media organizations serving a general national audience or the local daily/weekly print, network affiliate/cable TV;
(c)                radio media for the host city for the particular Auction or Event; and
(d)                print and/or web-based entertainment media organizations serving the host city for the particular Auction or Event.
3.7               Following the completion and submission of the online application, an email will be sent (as soon as reasonably practicable thereafter) to the applicant to confirm the approval or declination of the application for Accreditation.  It is anticipated that notifications of the outcome of application for Accreditation will be sent to the applicant or editor (as applicable) within one (1) week from the date of the applicable Auction or Event, however, no member of the Artist’s Group provides any Assurance as to the timing of such notification and/or that a particular application will be approved and/or an Accreditation issued.
3.8               No member of the Artist’s Group provides any Assurance that an Accreditation will be issued.
4                     APPLICATION DEADLINES
4.1               All applications for Accreditations must be submitted (together with all supporting documentation, if relevant), by no later than ten (10) Working Days in advance of the applicable Auction or Event.  Applications for Accreditations may, nevertheless, be submitted after this deadline, however, no Assurances are, or will be provided, that the application will be processed in time for you to attend the Auction or Event.
4.2               If your application for Accreditation is approved, a notification will be sent to your registered email address and the Accreditation Pass will be made available for collection at the Reception Desk for the applicable Auction or Event.
5                     CREDENTIAL USAGE
5.1               If you are granted an Accreditation for a particular Auction and/or Event, it is your responsibility to collect the Accreditation Pass from the Reception Desk for the applicable Auction or Event. You must display the Accreditation Pass at all times whilst attending the Auction or Event.  Failure to clearly display your Accreditation Pass may mean that you are denied access to, or required to leave, the particular Auction or Event.
5.2               Each Accreditation Pass is issued specifically for the media organization that was issued the Accreditation. Accreditation Passes are not transferable and may not be given or loaned to another media organization or individual for any reason.
6                     INTERVIEW POLICY
6.1               All requests for personal or private discussions and/or interviews (whether face-to-face, via telephone, video-conference or other media) with the Artist or with the Artist’s representatives must be directed to the Legal Representative.
6.2               You are encouraged to submit your requests for discussions and/or interviews as soon as reasonably practicable.  Wherever practicable to do so, the Artist and/or the Artist’s representatives will attempt to facilitate your request, however, no Assurances are made that your request will be accepted.
7                     PHOTOGRAPHERS
7.1               Any and all photographers must be on assignment for an established media organization and must use professional camera equipment in order to be permitted to photograph the consigned items at a Auction or Event.
7.2               Unless authorised by the Event Owner, the Artist and/or the Legal Representative, you must not bring into, or use, at any Auction and/or Event any professional Recording Equipment or any Recording Equipment deemed unacceptable by the Event Owner, the Artist and/or the Legal Representative in their absolute and sole discretion.   You are therefore encouraged to seek the prior approval for any Recording Equipment to avoid delays at any Auction and/or Event.
7.3               You must not make, create, store, record, transmit, reproduce, broadcast, stream, use, sell, licence or otherwise deal in any Recordings and/or Images made at or in relation to an Auction and/or Event except where such purpose has been specifically approved in writing (including email) in advance by the Event Owner, the Artist and/or the Legal Representative.  Consent is only likely to be granted for where the Recordings and/or Images are to be used solely for editorial purposes by the publication and/or website for which a media representative is accredited.
7.4               If you produce, make or obtain any Recording and/or Images in breach of these Credentials, you must, upon request from the Event Owner, the Artist and/or the Legal Representative, assign in writing for no fee all intellectual property in such Recordings and/or Images.  You further agree to waive, or where waiver is not possible, to not enforce any moral rights which you have in such Recordings or Images.
7.5               You hereby accept, acknowledge and agree that the Event Owner, the Artist, the Legal Representative and/or third parties authorised by any of them may make Recordings at an Auction and/or an Event and such Recordings may include your image and/or voice.  You hereby grant the Event Owner, the Artist, the Legal Representative and/or third parties authorised by any of them permission to make, reproduce, broadcast, stream, use, sell, licence or otherwise deal in such Recording in any media, worldwide and for any purpose without identification, compensation or payment of any kind.
7.6               Access to Artwork that is blocked by stanchions or other protective barriers must be approved by a the Event Owner, the Artist and/or the Legal Representative.
7.7               The Event Owner, the Artist and/or the Legal Representative have the right to admit any authorised photographers any Auction and/or Event for photography and/or video recordings for future advertising and promotional purposes without any requirement for permission from you whatsoever.
8                     DIGITAL
8.1               Accreditation, approval and/or authorisation for any online sources (including websites) that intend to report on any Auction, Event, discussion, interview and/or other matter concerning any member of the Artist’s Group, will be considered on a case-by-case basis.
8.2               Online sources (including websites) that intend to report on any Auction, Event, discussion, interview and/or other matter concerning any member of the Artist’s Group, will run parallel to traditional media, and may be issued an Accreditation, approval and/or other authorisation, if the request is for unique content that can only be accommodated by granting the Accreditation, approval and/or other authorisation.  In addition, you will be required to comply with the following requirements:
(a)                the website must have a proven track record of covering art and the high-end art industry with sustained, original news content, produced by its fulltime staff;
(b)                coverage must be uploaded and broadcast as part of the news section of your website and must not purport to be live, play-by-play or real-time in nature; and
(c)                in submitting your request for an Accreditation, approval and/or authorisation, you must provide certifiable traffic numbers of monthly visitors to your website or other online sources from an established auditing firm (please note that “hit” counters will not fulfil this requirement).
8.3               Please note that personal page publishers, discussion boards, chat room administrators, fan sites, and subscription-based websites and related online sources, will not be granted an Accreditation, approval and/or other authorisation.
9                     BOOKS & MANUSCRIPTS
9.1               If you intend to write, or facilitate the writing of, an article, book, manuscript and/or other publication (including on the Artist, any Auction, any Event, the Event Owner and/or the Artwork), you are required to send a detailed letter of request to the Legal Representative from your publisher explaining: (i) the nature of the article, book, manuscript and/or other publication; (ii) the purpose of the article, book, manuscript and/or other publication; (iii) the jurisdictions for, and method of, distribution; (iv) the terms and conditions attaching to the article, book, manuscript and/or other publication (including rights of proofing an editing before publication or dissemination); and (iv) such other information as might be reasonably requested by the Event Owner, the Artist and/or the Legal Representative.
10                 TELEVISION COVERAGE
10.1            The Artist has granted exclusive distribution of broadcast rights for all Images of Auctions, Events, discussions and/or interviews to MAD Solutions.  If you are interested in acquiring the content and/or Images for any Auctions, Events, discussions and/or interviews, please contact the Legal Representative who will facilitate an introduction to MAD Solutions.
10.2            If you interested in producing content and/or broadcasting any Recordings and/or Images of Auctions, Events, discussions and/or interviews, you must adhere to the following television guidelines:
(a)                VENUE ACCESS: LIVE AUCTION – No Recording Equipment other than those expressly approved in advance will be permitted on the auction block or within camera-view during the live auction. Live or taped television coverage of the auction is permitted only at pre-approved locations inside the venue other than on or within view of the auction block.  Live or taped interviews may take place utilizing the auction block as a backdrop provided they do not in any manner interfere with other approved content producers and/or broadcasters.
(b)                VENUE ACCESS: NON-LIVE AUCTION – You may gain access to the venue for Non-Live Auctions to take Images of the Artwork and also to conduct discussions and interviews as coordinated with, and facilitated by, the Legal Representative. Television interviews may take place on the auction block, utilizing the Artwork as backdrops, and at other locations approved by the Event Owner, the Artist and/or the Legal Representative, provided that they do not in any manner whatsoever, interfere with or obscure the set-up, running, process and/or coordination of the Auction and/or the Event.
10.3            MAD Solutions may distribute the Images (live or delayed) for any and all Auctions, Events, discussions and/or interviews, to national and/or local-market media.
10.4            If you apply for, and/or obtain the right, to produce and/or broadcast any Image, this will be strictly subject to the conditions for such grant, as determined by the Event Owner, the Artist and/or the Legal representative.  Any such broadcast must be accompanied by the appropriate “video courtesy” acknowledgements for MAD Solutions and the Artist. If granted the right to produce footage at an Auction, Event, discussion and/or interview, the filming of clients and bidders in the room that identify a person’s face is strictly forbidden. This includes video footage as well as still pictures.  Only Images of the Auction and/or Event staff are allowed, but no Images that identify clients and/or members of the public. You are strictly prohibited from using wide angle pan shots or shots showing the backs of heads.
10.5            If you do not belong to a press group and are just an attendee at an Auction, Event, discussion and/or interview with the Artist, then you are required to adhere to these Credentials as well.  You are strictly prohibited from making any Recording and/or broadcasting any Images, whether live, on delayed loop or otherwise without the specific prior written approval of the Event Owner, the Artist and/or the Legal Representative.
10.6            Access to other attendees at an Auction and/or Event (including discussions and/or interviews with the same) must be approved by the Event Owner, the Artist, the Legal Representative and/or the attendee in question.
10.7            Flash photography and any other impromptu photography is strictly forbidden anywhere on the premises or directly outside the premises of an Auction, Event, discussion and/or interview.
11                 LIMITATION OF LIABILITY
11.1            Each member of the Artist’s Group expressly and unequivocally disclaims any and all liability for the acts, omissions and conduct of any persons at an Auction, Event, discussion and/or interview.  No member of the Artist’s Group shall, in any manner whatsoever, be responsible for the actions or failure to act of any other third party person.
11.2            Under no circumstances whatsoever, shall any member of the Artist’s Group be liable for any special, incidental, indirect, consequential damages, loss, loss of revenue, loss of profit (and/or anticipated profit), loss of opportunity, loss of goodwill and/or loss of reputation whatsoever, that is directly or indirectly related to these Credentials, an Auction, Event, discussion, interview and/or any parts thereof, even if such persons or an authorized representative of such persons has been advised of the possibility of such liability.
11.3            In no event shall the total liability of the members of the Artist’s Group to you for all Claims arising out of, or in connection with, these Credentials, an Auction, Event, discussion, interview and/or any parts thereof, exceed One Hundred Omani Rials (OMR100).
11.4            Any Claim you may have with respect to any member of the Artist’s Group must be commenced within one (1) year after the Claim or cause of action giving rise to such Claim arises or such Claim or cause of action giving rise to such Claim shall be barred.
12                 INDEMNIFICATION
12.1            You hereby irrevocably and unconditionally accept, agree and acknowledge to defend, protect, release, hold harmless, indemnify and keep indemnified each member of the Artist’s Group, from and against any and all costs (including attorneys’ fees and other legal costs and expenses), fees, expenses (including lost profits) Claims or any other proceedings whatsoever arising out of, or in connection with any negligence, wilful misconduct, or any breach of these Credentials, including, breach of any covenant, representation, warranty or other obligation hereunder by you.
12.2            With respect to any Claim for which you are obliged to indemnity each member of the Artist’s Group (in accordance with clause 12.1) (each an “Indemnified Claim”), you hereby irrevocable and unconditionally accept, acknowledge and agree to: (i) use legal representation chosen by the Event Owner and/or the Artist to defend such Indemnified Claim; and (ii) to not in consent to any settlement or any judgment, without the prior written consent of the Event Owner and the Artist (in their absolute and sole discretion).  The Event Owner and the Artist hereby reserve their respective rights to assume the exclusive control and defence of any Indemnified Claim.
13                 ADDITIONAL REMEDIES
13.1            You hereby irrevocably and unconditionally accept, agree and acknowledge that monetary damages may not provide a sufficient remedy to the Artist’s Group (or any members thereof) for your breach of, non-compliance with and/or violation of these Credentials, and, accordingly, each member of the Artist’s Group is entitled to immediate injunctive and/or other equitable relief for any such breach, non-compliance and/or violation (collectively, “Non-Monetary Remedies”).  Any Non-Monetary Remedies shall be entirely without prejudice to any and all other remedies (including monetary damages), available to such member of the Artist’s Group including those provided by the Credentials, Applicable Law and/or otherwise.
13.2            You further irrevocably and unconditionally accept, agree and acknowledge that the Event Owner and/or the Artist may release user information about you if required by Applicable Law or court order, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
14                 WAIVER
The rights of each member of the Artist’s Group hereunder: (a) may be exercised as often as necessary; (b) are cumulative and not exclusive of rights or remedies provided by law; and (c) may be waived only in writing and specifically. Their delay in the exercise or non-exercise of any right is not a waiver of such right.
15                 FURTHER ASSURANCE
You hereby agree and undertake to cooperate fully with the Event Owner and/or the Artist at all times and to sign all documents, and to do all other acts, which may be necessary to give full effect to these Credentials.
16                 THIRD PARTY RIGHTS
Except for each member of the Artist’s Group (which may enforce these Credentials as if they were a direct party to the same), no person may enforce any of the terms, provisions or rights under these Credentials or shall have any third-party rights of any kind.
17                 ENTIRE UNDERSTANDING
These Credentials constitute the entire agreement between you and each member of the Artist’s Group in relation to its subject matter, and any and all prior agreements, understandings and representations are terminated and cancelled and are of no further force and effect.
18                 SEVERANCE
If, at any time, any part of these Credentials are held to be, or become, void or otherwise unenforceable for any reason under any Applicable Law, the same shall be deemed omitted from these Credentials, and the validity and/or enforceability of the remaining provisions of these Credentials shall not, in any way, be affected or impaired as a result of that omission.
19                 GOVERNING LAW
These Credentials shall be governed by and construed, performed and enforced in all respects in accordance with the laws of the Sultanate of Oman, without giving effect to the principles of conflicts of laws or choice of law provisions thereof.
20                 DISPUTE RESOLUTION
All disputes or controversies arising out of, related to, or in connection with, these Credentials shall be referred to and conclusively settled (solely and exclusively), by arbitration in accordance with the provisions on arbitration provided in the Law of Arbitration in Civil and Commercial Disputes as promulgated by Royal Decree 47/97 (as amended) (the “Arbitration Law”) and through an arbitration board comprising one (1) arbitrator who shall be selected and appointed by the Event Owner.  The arbitrator shall have the authority to grant and enter orders and judgment for all forms of relief and remedies related to these Credentials and any dispute, including equitable relief.  The venue for any arbitration pursuant to this Agreement shall be Muscat, in the Sultanate of Oman and you irrevocably consent to such forum and waive any claims to alternative venues on ground of forum non-conveniens or otherwise and further waive any objection to the resolution of all disputes through binding arbitration as provided herein.  An arbitration award or order rendered pursuant to this provision shall be binding on you.  You hereby irrevocably and unconditionally agree and undertake to keep confidential all awards in any arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by each 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 state court or other judicial authority.  Judgment upon an arbitration award or order rendered may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of the award or an order for enforcement, as the case may be.  You hereby irrevocably and unconditionally submit to the jurisdiction of the courts of the Sultanate of Oman for such purposes. The prevailing party in any dispute shall be entitled to recover its reasonable legal fees and expenses.  The language of the arbitration shall be English.
21                 AUTHORSHIP
You hereby irrevocably and unconditionally accept, acknowledge and agree that these Credentials are fair and reasonable in all of the circumstances and that should you have not accepted them in their entirety, you would not, in any manner whatsoever, use and/or access the Website, the Content, the Facilities and/or any parts thereof.  If any ambiguity or question of intent or interpretation arises, this Credentials will be construed as if drafted jointly between us and no presumption or burden of proof will arise favouring or disfavouring any person because of the authorship of these Credentials.

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Sample Company, Inc.

1412 South Main Expressway

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