Common use of Arbitration and Equitable Relief Clause in Contracts

Arbitration and Equitable Relief. To the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the Employer, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. The arbitrator shall apply Ohio law and any applicable Federal law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding shall be governed by Federal arbitration law and by the Rules, without reference to state arbitration law. Executive hereby expressly consents to the personal jurisdiction of the state and Federal courts located in Ohio for any action or proceeding arising from or relating to this Agreement and/or relation to any arbitration in which the parties are participants. EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACT, AND THE FAIR LABOR STANDARDS ACT. (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 5 contracts

Sources: Executive Employment Agreement (WCI Steel, Inc.), Executive Employment Agreement (WCI Steel, Inc.), Executive Employment Agreement (WCI Steel, Inc.)

Arbitration and Equitable Relief. To a. Except as provided in Section 9(d) below, the Executive and the Company agree that to the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall will be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerCounty of Santa Clara, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The There will be one arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's ’s decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . b. The arbitrator shall will apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding shall be governed by Federal arbitration law and by the Rules, without reference to state arbitration law. Executive hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. c. The Company will pay the direct costs and expenses of the arbitration. The Company and the Executive are responsible for their respective attorneys’ fees incurred in connection with enforcing this Agreement. d. The Company and the Executive may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary to enforce the provisions of this Agreement, without breach of this arbitration agreement and without abridgement of the powers of the arbitrator. THE EXECUTIVE HAS READ AND UNDERSTOOD THIS SECTION 9, WHICH DISCUSSES ARBITRATION. THE EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, THE EXECUTIVE AGREES TO THE EXTENT PERMITTED BY LAW, TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF THE EXECUTIVE'S ’S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF i. EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION.; (ii) . ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., AND ANY LAW OF ANY STATE; AND (iii) . ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 3 contracts

Sources: Change of Control Severance Agreement (Spansion Inc.), Change of Control Severance Agreement (Spansion Inc.), Change of Control Severance Agreement (Spansion Inc.)

Arbitration and Equitable Relief. To the extent permitted by applicable law(a) Except as provided in Section 12(d) below, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the Employer▇▇▇▇▇ County, Nevada, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal Nevada law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive hereby expressly consents to the personal jurisdiction of the state and Federal federal courts located in Ohio Nevada for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) The Company and Executive shall each pay one-half of the costs and expenses of such arbitration, and shall separately pay its counsel fees and expenses. (d) Executive understands that nothing in Section 12 modifies Executive's at-will status. Either the Company or Executive can terminate the employment relationship at any time, with or without cause. (e) EXECUTIVE HAS READ AND UNDERSTANDS SECTION 12, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION.; (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., AND ANY LAW OF THE STATE OF NEVADA; AND (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 3 contracts

Sources: Employment Agreement (Travelscape Com Inc), Employment Agreement (Travelscape Com Inc), Employment Agreement (Travelscape Com Inc)

Arbitration and Equitable Relief. To the extent permitted by applicable law(a) Except as provided in Section 13(c) below, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSanta ▇▇▇▇▇▇▇ County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive hereby expressly consents to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) Executive understands that nothing in Section 13 modifies Executive's at-will status. Either the Company or Executive can terminate the employment relationship at any time, with or without cause. (d) EXECUTIVE HAS READ AND UNDERSTANDS SECTION 13, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND LABOR CODE SECTION 201, et seq; (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 3 contracts

Sources: Employment Agreement (Somera Communications Inc), Employment Agreement (Somera Communications Inc), Employment Agreement (Somera Communications Inc)

Arbitration and Equitable Relief. To the extent permitted by applicable law, Executive agrees (a) The parties hereto agree that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSanta ▇▇▇▇▇ County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive The parties hereto hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) THE PARTIES HERETO HAVE READ AND UNDERSTAND SECTION 8, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THE PARTIES HERETO UNDERSTAND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES THEY AGREE TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S THEIR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION.; (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND LABOR CODE SECTION 201, et seq; AND (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 3 contracts

Sources: Executive Retention Agreement (Telcom Semiconductor Inc), Executive Retention Agreement (Telcom Semiconductor Inc), Executive Retention Agreement (Telcom Semiconductor Inc)

Arbitration and Equitable Relief. To (a) Except as provided in Section 5(c) below, the extent permitted by applicable law, Executive agrees Company and Employee agree that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the Employer, Massachusetts in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. . (b) The fees Company shall pay all costs and expenses of the arbitratorssuch arbitration. (c) The parties may apply to any court of competent jurisdiction for a temporary restraining order, and any American Arbitration Association fees, shall be paid by the Employer. The arbitrator shall apply Ohio law and any applicable Federal law to the merits of any dispute preliminary injunction or claimother interim or conservatory relief as necessary, without reference to rules breach of conflict of law. The this arbitration proceeding shall be governed by Federal arbitration law agreement and by the Rules, without reference to state arbitration law. Executive hereby expressly consents to the personal jurisdiction abridgment of the state and Federal courts located in Ohio for any action or proceeding arising from or relating to this Agreement and/or relation to any arbitration in which powers of the parties are participantsarbitrator. (d) EMPLOYEE HAS READ AND UNDERSTANDS THIS SECTION 5, WHICH DISCUSSES ARBITRATION. EXECUTIVE EMPLOYEE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES EMPLOYEE AGREES, EXCEPT AS PROVIDED IN SECTION 5 (c), TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENTTHISAGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVEEMPLOYEE'S RIGHT TO A JURY TRIAL TRAIL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS ASPECETS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACT, AND THE FAIR LABOR STANDARDS ACT. (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 2 contracts

Sources: Relocation Loan Agreement (Rational Software Corp), Relocation Bonus Agreement (Rational Software Corp)

Arbitration and Equitable Relief. To a. Except as provided in Section 8(d) below, the Executive and the Company agree that to the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall will be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerCounty of Santa Clara, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The There will be one arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's ’s decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . b. The arbitrator shall will apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding shall be governed by Federal arbitration law and by the Rules, without reference to state arbitration law. Executive hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. c. The Company will pay the direct costs and expenses of the arbitration. The Company and the Executive are responsible for their respective attorneys’ fees incurred in connection with enforcing this Agreement. d. The Company and the Executive may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary to enforce the provisions of this Agreement, without breach of this arbitration agreement and without abridgement of the powers of the arbitrator. THE EXECUTIVE HAS READ AND UNDERSTOOD THIS SECTION 8, WHICH DISCUSSES ARBITRATION. THE EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, THE EXECUTIVE AGREES TO THE EXTENT PERMITTED BY LAW, TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF THE EXECUTIVE'S ’S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF i. EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION.; (ii) . ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., AND ANY LAW OF ANY STATE; AND (iii) . ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 2 contracts

Sources: Change of Control Severance Agreement (Spansion Inc.), Change of Control Severance Agreement (Spansion Inc.)

Arbitration and Equitable Relief. To (a) The parties hereto agree that, to the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSan Mateo County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's ’s decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive The parties hereto hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) The Company and Executive shall each pay one-half of the costs and expenses of such arbitration, and shall separately pay its counsel fees and expenses. (d) THE PARTIES HERETO HAVE READ AND UNDERSTAND SECTION 13, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THE PARTIES HERETO UNDERSTAND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES THEY AGREE, TO THE EXTENT PERMITTED BY LAW, TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S THEIR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND LABOR CODE SECTION 201, et seq; (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 2 contracts

Sources: Severance Agreement (Informatica Corp), Severance Agreement (Informatica Corp)

Arbitration and Equitable Relief. (a) To the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerColumbus, Ohio, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive hereby expressly consents to the personal jurisdiction of the state and Federal federal courts located in Ohio for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) Executive understands that nothing in this Section 11 modifies Executive's at-will status. Either the Company or Executive can terminate the employment relationship on four (4) weeks written notice, with or without cause, subject to the termination provisions in Section 4 above. (d) EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT. (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. . (e) Notwithstanding any provision hereinto herein to the contrary, this Section 11.4 11 shall not apply to any dispute or controversy arising under Articles VII or VIII Section 8 or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 2 contracts

Sources: Employment Agreement (Horizon Personal Communications Inc), Employment Agreement (Horizon Personal Communications Inc)

Arbitration and Equitable Relief. To (a) The parties hereto agree that, to the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSan Mateo County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive The parties hereto hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) The Company will pay the costs and expenses of such arbitration, and each party shall pay its own counsel fees and expenses incurred in connection with such arbitration. (d) THE PARTIES HERETO HAVE READ AND UNDERSTAND SECTION 12, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THE PARTIES HERETO UNDERSTAND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES THEY AGREE, TO THE EXTENT PERMITTED BY LAW, TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S THEIR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND LABOR CODE SECTION 201, et seq; (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 2 contracts

Sources: Severance Agreement (Informatica Corp), Severance Agreement (Informatica Corp)

Arbitration and Equitable Relief. To (a) Except as provided in Section 12(d) below, You and SCM agree that to the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this AgreementAgreement (including the Settlement Agreement and Release and any agreement referenced in Section 11 hereof), or the interpretation, validity, construction, performance, breach, or termination thereof shall will be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerCounty of Santa Clara, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "RulesRULES"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall will apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules claim (with the exception of its conflict of lawlaws provisions). The arbitration proceeding shall be governed by Federal arbitration law and by the Rules, without reference to state arbitration law. Executive You hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) SCM will pay the direct costs and expenses of the arbitration. EXECUTIVE UNDERSTANDS SCM and You each will pay Your own counsel fees and expenses. (d) SCM or You may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary to enforce the provisions of this Agreement, without breach of this arbitration agreement and without abridgement of the powers of the arbitrator. (e) YOU HAVE READ AND UNDERSTAND THIS SECTION 12, WHICH DISCUSSES ARBITRATION. YOU UNDERSTAND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES YOU AGREE TO THE EXTENT PERMITTED BY LAW, TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S YOUR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION.; (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., AND ANY LAW OF ANY STATE; AND (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 2 contracts

Sources: Severance Agreement (SCM Microsystems Inc), Severance Agreement (SCM Microsystems Inc)

Arbitration and Equitable Relief. To the extent permitted by applicable law, Executive agrees (a) The Parties agree that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by binding arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSanta ▇▇▇▇▇ County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitrationParties. Judgment may be entered on the arbitrator's ’s decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive hereby The Parties expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties Parties are participants. (c) The Company and Employee shall each pay one-half of the costs and expenses of such arbitration, and shall separately pay their own counsel fees and expenses. (d) THE PARTIES HERETO HAVE READ AND UNDERSTAND SECTION 10, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THE PARTIES HERETO UNDERSTAND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES THEY AGREE TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S THEIR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION.; (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND LABOR CODE SECTION 201, et seq; AND (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS CASE LAW, LAWS, AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Severance Agreement (Kla Tencor Corp)

Arbitration and Equitable Relief. To (a) The Parties agree that, to the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerAlameda County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's ’s decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive The parties hereto hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) The Company and Executive shall each pay one-half of the costs and expenses of such arbitration, and each party shall pay its own attorneys’ fees and expenses incurred in connection with such arbitration. (d) THE PARTIES HERETO HAVE READ AND UNDERSTAND SECTION 15, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THE PARTIES HERETO UNDERSTAND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES THEY AGREE, TO THE EXTENT PERMITTED BY LAW, TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S THEIR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND LABOR CODE SECTION 201, et seq; (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Severance Agreement (Avanex Corp)

Arbitration and Equitable Relief. To the extent permitted by applicable law, Executive agrees (a) The parties hereto agree that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSan Francisco County, California, in accordance with the National Commercial Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive The parties hereto hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio the Northern District of California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) The parties shall each pay one-half of the costs and expenses of such arbitration, and shall each separately pay its counsel fees and expenses. (d) THE PARTIES HERETO HAVE READ AND UNDERSTAND THIS SECTION 21, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THE PARTIES HERETO UNDERSTAND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES THEY AGREE TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S THEIR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF TO THE EMPLOYER/EXECUTIVE RELATIONSHIPSUBJECT MATTER OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, INCLUDING BUT NOT LIMITED TOPREVIEW TRAVEL RESERVES THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION, WITHOUT RESORT TO ARBITRATION, IN THE FOLLOWING CLAIMS: (i) EVENT OF ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OR THREATENED BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR THIS AGREEMENT THAT WOULD CONSTITUTE A VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACT, AND THE FAIR LABOR STANDARDS ACTPREVIEW TRAVEL'S INTELLECTUAL PROPERTY RIGHTS. (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Television Program Representation Agreement (Preview Travel Inc)

Arbitration and Equitable Relief. (a) To the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, breach or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the Employer▇▇▇▇▇▇ County, Georgia, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal Georgia law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding shall be governed by Federal arbitration law and by the Rules, without reference to state arbitration law. Executive hereby expressly consents to the personal jurisdiction of the state and Federal federal courts located in Ohio Georgia for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) Executive understands that nothing in Section 12 modifies Executive's at-will status. Subject to Section 3, either the Company or Executive can terminate the employment relationship at any time, with or without cause. (d) EXECUTIVE HAS READ AND UNDERSTANDS SECTION 12, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND OR IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT.; (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. . (e) Notwithstanding any provision hereinto herein to the contrary, this Section 11.4 12 shall not apply to any dispute or controversy arising under Articles VII or VIII Section 9 (entitled "Restrictions on Employment") or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Employment Agreement (Airgate Wireless Inc)

Arbitration and Equitable Relief. To (a) Except as provided in Section 7(d) below, the extent permitted by applicable law, Executive agrees Company and BlackFord agree that any dispute or controversy arising out of, relating to, rel▇▇▇▇▇ ▇▇ or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, breach or termination thereof of this Agreement shall be settled by binding arbitration before a sole arbitrator to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSan Diego, California, in accordance with the National Rules for the Resolution of Employment Disputes rules then in effect of the American Arbitration Association (the "RulesRULES"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having of competent jurisdiction. The prevailing party in any dispute, arbitration or other proceeding shall be entitled to recover its reasonable attorneys' fees and expenses of the arbitratorscosts, including experts' and any American Arbitration Association BlackFord's fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal law C▇▇▇▇▇▇▇▇▇ ▇aw to the merits of any dispute or claim, without reference to rules conflicts of conflict of lawlaw rules. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive BlackFord hereby expressly consents to the personal jurisdiction of the state and Federal ▇▇▇ ▇▇▇▇▇al courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation or relating to any arbitration in which the parties are participants. (c) The Company and BlackFord shall each pay one-half of the costs and expenses of su▇▇ ▇▇▇▇▇ration, and each shall separately pay its counsel fees and expenses. (d) COMPANY HAS READ AND UNDERSTANDS SECTION 6, WHICH DISCUSSES ARBITRATION. EXECUTIVE COMPANY UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE COMPANY AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, BREACH OR TERMINATION THEREOF THEREOF, TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVECOMPANY'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, RELATIONSHIP BETWEEN THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACT, AND THE FAIR LABOR STANDARDS ACT. (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATIONPARTIES. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.-------- -------- Initials Initials

Appears in 1 contract

Sources: Services Agreement (Catcher Holdings Inc)

Arbitration and Equitable Relief. To (a) The parties hereto agree that, to the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSan Mateo County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive The parties hereto hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) The Company and Executive shall each pay one-half of the costs and expenses of such arbitration, and shall separately pay its counsel fees and expenses. (d) THE PARTIES HERETO HAVE READ AND UNDERSTAND SECTION 13, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THE PARTIES HERETO UNDERSTAND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES THEY AGREE, TO THE EXTENT PERMITTED BY LAW, TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S THEIR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND LABOR CODE SECTION 201, ET SEQ; (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Separation Agreement (Informatica Corp)

Arbitration and Equitable Relief. To (a) The Parties agree that, to the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerAlameda County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive The parties hereto hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) Each party shall pay its own attorneys' fees in any such arbitration; provided, however, that the Company shall pay for any administrative or filing fees, including the arbitrator's fee, that Executive would not have otherwise incurred if the dispute was adjudicated in a court of law, rather than through arbitration. (d) THE PARTIES HERETO HAVE READ AND UNDERSTAND SECTION 15, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THE PARTIES HERETO UNDERSTAND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES THEY AGREE, TO THE EXTENT PERMITTED BY LAW, TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S THEIR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND LABOR CODE SECTION 201, et seq; (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Severance Agreement (Avanex Corp)

Arbitration and Equitable Relief. To (a) Except as provided in Section 13(d) below, the extent permitted by applicable law, Executive agrees Company and Consultant agree that any dispute or controversy arising out of, relating to, to or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, breach or termination thereof of this Agreement shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the Employerbinding arbitration, in accordance with the National Rules for the Resolution of Employment Disputes rules then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's ’s decision in any court having of competent jurisdiction. . (b) The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. The arbitrator arbitrator(s) shall apply Ohio law state and any applicable Federal federal law to the merits of any dispute or claim, without reference to rules conflicts of conflict of lawlaw rules. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive Consultant hereby expressly consents to the personal jurisdiction of the state and Federal federal courts located in Ohio Oregon State for any action or proceeding arising from or relating to this Agreement and/or relation or relating to any arbitration in which the parties are participants. (c) In the event of arbitration, the losing party shall pay the costs and expenses of such arbitration, and the prevailing party’s counsel fees and expenses. (d) Consultant agrees that it would be impossible or inadequate to measure and calculate the Company’s damages from any breach of the covenants set forth in Sections 2, 3, 6, or 7 herein. EXECUTIVE Accordingly, Consultant agrees that if Consultant breaches Sections 2, 3, 6, or 7 the Company will have available, in addition to any other right or remedy available, the right to obtain from any court of competent jurisdiction an injunction restraining such breach or threatened breach and specific performance of any such provision. Consultant further agrees that no bond or other security shall be required in obtaining such equitable relief and Consultant hereby consents to the issuances of such injunction and to the ordering of such specific performance. (e) CONSULTANT HAS READ AND UNDERSTANDS SECTION 13, WHICH DISCUSSES ARBITRATION. CONSULTANT UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE CONSULTANT AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, BREACH OR TERMINATION THEREOF THEREOF, EXCEPT AS PROVIDED IN SECTION 13(d), TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S CONSULTANT’S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, RELATIONSHIP BETWEEN THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATIONPARTIES. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACT, AND THE FAIR LABOR STANDARDS ACT. (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Consulting Agreement (Kaival Brands Innovations Group, Inc.)

Arbitration and Equitable Relief. To the extent permitted by applicable law(a) Except as provided in Section 10(e) below, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration arbitration, to the extent permitted by law, to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerLos Angeles County, California in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding shall be governed by Federal arbitration law and by the Rules, without reference to state arbitration law. Executive hereby expressly consents to the personal jurisdiction of the state and Federal federal courts of Los Angeles County located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) Executive understands that nothing in this Section modifies Executive's at-will status. Either the Company or Executive can terminate the employment relationship at any time, with or without cause. (d) EXECUTIVE HAS READ AND UNDERSTANDS SECTION 10, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATIONARBITRATION TO THE EXTENT PERMITTED BY LAW, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION.; (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF TO THE CIVIL RIGHTS ACTACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT.; (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary. (e) THE PARTIES MAY APPLY TO ANY COURT OF COMPETENT JURISDICTION FOR A TEMPORARY RESTRAINING ORDER, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretationPRELIMINARY INJUNCTION, validityOR OTHER INTERIM OR CONSERVATORY RELIEF, constructionAS NECESSARY, performance, breach or termination thereofWITHOUT BREACH OF THIS ARBITRATION AGREEMENT AND WITHOUT ABRIDGMENT OF THE POWERS OF THE ARBITRATOR.

Appears in 1 contract

Sources: Employment Agreement (Carsdirect Com Inc)

Arbitration and Equitable Relief. To (a) Executive and the extent permitted by applicable law, Executive agrees Company agree that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerAlameda County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive and the Company hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) EXECUTIVE HAS READ AND UNDERSTANDS SECTION 11, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACT, AND THE FAIR LABOR STANDARDS ACT. (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Employment Agreement (North Face Inc)

Arbitration and Equitable Relief. To the extent permitted by applicable law(a) Except as provided in Section 6(c) below, 8x8 and Executive agrees agree that any dispute or controversy arising out of, relating to, to or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, breach or termination thereof of this Agreement shall be settled by binding arbitration to the extent permitted by law to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSanta Clar▇ ▇▇▇nty, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect Disputes, of the American Arbitration Association as then in effect (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having of competent jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules conflicts of conflict of law. The arbitration proceeding shall be governed by Federal arbitration law and by the Rules, without reference to state arbitration lawrules. Executive hereby expressly consents to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation or relating to any arbitration in which the parties are participants. (c) The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this arbitration agreement and without abridgment of the powers of the arbitrator. (d) EXECUTIVE HAS READ AND UNDERSTANDS SECTION 6, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, BREACH OR TERMINATION THEREOF THEREOF, TO BINDING ARBITRATION, EXCEPT AS PROVIDED IN SECTION 6(c) AND ONLY TO THE EXTENT PERMITTED BY LAW, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, RELATIONSHIP BETWEEN THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATIONPARTIES. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACT, AND THE FAIR LABOR STANDARDS ACT. (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Stock Exchange Agreement (8x8 Inc)

Arbitration and Equitable Relief. (a) To the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerColumbus, Ohio, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses In addition, a party may seek an injunction through a court of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. competent jurisdiction. (b) The arbitrator shall apply Ohio law and any applicable Federal law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive hereby expressly consents to the personal jurisdiction of the state and Federal federal courts located in Ohio for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) Executive understands that nothing in this Section 11 modifies Executive's at-will status. Either the Company or Executive can terminate the employment relationship on four (4) weeks written notice, with or without cause, subject to the termination provisions in Section 4 above. (d) EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT. (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. . (e) Notwithstanding any provision hereinto herein to the contrary, this Section 11.4 11 shall not apply to any dispute or controversy arising under Articles VII or VIII Section 8 or the interpretation, validity, construction, performance, breach or termination thereof. (f) The parties hereby consent to this arbitration provision by providing their initials herein: ________ Executive Initials ________ Company Signatory's Initials

Appears in 1 contract

Sources: Employment Agreement (Horizon PCS Inc)

Arbitration and Equitable Relief. (a) To the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the Employer▇▇▇▇▇▇ County, Georgia, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. . (b) The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. The arbitrator arbitrator[s] shall apply Ohio law and any applicable Federal Georgia law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive hereby expressly consents to the personal jurisdiction of the state and Federal federal courts located in Ohio Georgia for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) Executive understands that nothing in Section 10 modifies Executive's at-will status. Either the Company or Executive can terminate the employment relationship on four (4) weeks written notice, with or without cause, subject to the termination provision in Paragraph 4(e) hereinabove. (d) EXECUTIVE HAS READ AND UNDERSTANDS SECTION 11 , WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVEEXECUTIVE 'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT.; (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. . (e) Notwithstanding any provision hereinto herein to the contrary, this Section 11.4 Paragraph 11 shall not apply to any dispute or controversy arising under Articles VII or VIII Paragraph 8 or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Employment Agreement (Airgate Wireless Inc)

Arbitration and Equitable Relief. To (a) Except as provided in Section 6(c) below, the extent permitted by applicable law, Executive agrees Company and Employee agree that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSanta ▇▇▇▇▇ County, California in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. . (b) The fees Company shall pay all costs and expenses of the arbitratorssuch arbitration. (c) The parties may apply to any court of competent jurisdiction for a temporary restraining order, and any American Arbitration Association fees, shall be paid by the Employer. The arbitrator shall apply Ohio law and any applicable Federal law to the merits of any dispute preliminary injunction or claimother interim or conservatory relief as necessary, without reference to rules breach of conflict of law. The this arbitration proceeding shall be governed by Federal arbitration law agreement and by the Rules, without reference to state arbitration law. Executive hereby expressly consents to the personal jurisdiction abridgment of the state and Federal courts located in Ohio for any action or proceeding arising from or relating to this Agreement and/or relation to any arbitration in which powers of the parties are participantsarbitrator. (d) EMPLOYEE HAS READ AND UNDERSTANDS THIS SECTION 6, WHICH DISCUSSES ARBITRATION. EXECUTIVE EMPLOYEE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES EMPLOYEE AGREES, EXCEPT AS PROVIDED IN SECTION 6(c), TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVEEMPLOYEE'S RIGHT TO A JURY TRIAL TRAIL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, EMPLOYEE RELATIONSHIP THAT ARE THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE SUBJECT OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATIONTHIS AGREEMENT. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACT, AND THE FAIR LABOR STANDARDS ACT. (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Relocation Agreement (Rational Software Corp)

Arbitration and Equitable Relief. To (a) The parties hereto agree that, to the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSan Mateo County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's ’s decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive The parties hereto hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) The Company will pay the costs and expenses of such arbitration, and each party shall pay its own counsel fees and expenses incurred in connection with such arbitration. (d) THE PARTIES HERETO HAVE READ AND UNDERSTAND SECTION 12, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THE PARTIES HERETO UNDERSTAND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES THEY AGREE, TO THE EXTENT PERMITTED BY LAW, TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S THEIR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND LABOR CODE SECTION 201, et seq; (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Severance Agreement (Informatica Corp)

Arbitration and Equitable Relief. To (a) Executive and the extent permitted by applicable law, Executive agrees Company agree that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerAlameda County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules")) before a board of three disinterested persons, consisting of one arbitrator to be appointed by the Company, one by Executive, and one by the arbitrators so chosen. The arbitrator arbitrators may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator arbitrators shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. . (b) The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. The arbitrator arbitrators shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive and the Company hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) The Company and Executive shall each pay one-half of the costs and expenses of such arbitration, and shall separately pay its counsel fees and expenses. (d) EXECUTIVE HAS READ AND UNDERSTANDS SECTION 10, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACT, AND THE FAIR LABOR STANDARDS ACT. (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Employment Agreement (North Face Inc)

Arbitration and Equitable Relief. To (a) Executive and the extent permitted by applicable law, Executive agrees Company agree that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerAlameda County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive and the Company hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) EXECUTIVE HAS READ AND UNDERSTANDS SECTION, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACT, AND THE FAIR LABOR STANDARDS ACT. (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Employment Agreement (North Face Inc)

Arbitration and Equitable Relief. To (a) The parties hereto agree that, to the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSanta ▇▇▇▇▇ County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's ’s decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive The parties hereto hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) The Company and Executive shall each pay one-half of the costs and expenses of such arbitration, and shall separately pay its counsel fees and expenses. (d) THE PARTIES HERETO HAVE READ AND UNDERSTAND SECTION 20, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THE PARTIES HERETO UNDERSTAND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES THEY AGREE, TO THE EXTENT PERMITTED BY LAW, TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S THEIR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND LABOR CODE SECTION 201, et seq; (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Severance Agreement (Portal Software Inc)

Arbitration and Equitable Relief. (a) To the extent permitted by applicable law, Executive EMPLOYEE agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, breach or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the Employer▇▇▇▇▇▇ County, Georgia, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's ’s decision in any court having jurisdiction. The fees This provision and expenses (b) and (c) below do not limit the right of the arbitrators, and PSA to seek injunctive relief in a court of competent jurisdiction against Employee for a violation of any American Arbitration Association fees, shall be paid by the Employer. provision of this Agreement which has or is likely to cause PSA irreparable harm. (b) The arbitrator shall apply Ohio law and any applicable Federal Georgia law to the merits of any dispute or claim, without reference to rules of conflict of law. (c) EMPLOYEE HAS READ AND UNDERSTANDS SECTION 8.8, WHICH DISCUSSES ARBITRATION. The arbitration proceeding shall be governed by Federal arbitration law and by the Rules, without reference to state arbitration law. Executive hereby expressly consents to the personal jurisdiction of the state and Federal courts located in Ohio for any action or proceeding arising from or relating to this Agreement and/or relation to any arbitration in which the parties are participants. EXECUTIVE EMPLOYEE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE EMPLOYEE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S EMPLOYEE’S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: : (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND OR IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACT, AND THE FAIR LABOR STANDARDS ACT. (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Employment Agreement (Pediatric Services of America Inc)

Arbitration and Equitable Relief. To (a) Executive and the extent permitted by applicable law, Executive agrees Company agree that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerAlameda County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive and the Company hereby expressly consents consent to the personal jurisdiction and venue of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) EXECUTIVE HAS READ AND UNDERSTANDS SECTION 12, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACT, AND THE FAIR LABOR STANDARDS ACT. (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Employment Agreement (North Face Inc)

Arbitration and Equitable Relief. To the extent permitted by applicable law, Executive agrees (a) The Parties agree that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSanta ▇▇▇▇▇ County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive The parties hereto hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) and expenses of such arbitration, and shall separately pay its counsel fees and expenses. (d) THE PARTIES HERETO HAVE READ AND UNDERSTAND SECTION 10, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THE PARTIES HERETO UNDERSTAND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES THEY AGREE TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S THEIR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, OR BREACH OR FAILURE TO PERFORM DUTIES OR OBLIGATIONS AS AN EMPLOYEE, OFFICER OF DIRECTOR, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND LABOR CODE SECTION 201, et seq; (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Part Time Employment and Non Competition Agreement (Pointcast Inc)

Arbitration and Equitable Relief. To the extent permitted by applicable law(a) Except as provided in Section 13(c) below, Executive agrees and the Company agree that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerChicago, Illinois, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's ’s decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal Illinois law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive hereby expressly consents to the personal jurisdiction of the state and Federal federal courts located in Ohio Illinois for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) Executive understands that nothing in Section 13 modifies Executive’s at-will status. Either the Company or Executive can terminate the employment relationship at any time, with or without cause. (d) EXECUTIVE HAS READ AND UNDERSTANDS SECTION 13, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S ’S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., THE ILLINOIS HUMAN RIGHTS ACT, THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND LABOR CODE SECTION 201, et seq; (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Employment Agreement (Somera Communications Inc)

Arbitration and Equitable Relief. To the extent permitted by applicable law(a) Except as provided in Section 11(e) below, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Amended and Restated Employment Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration arbitration, to the extent permitted by law, to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerLos Angeles County, California in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding shall be governed by Federal arbitration law and by the Rules, without reference to state arbitration law. Executive hereby expressly consents to the personal jurisdiction of the state and Federal federal courts of Los Angeles County located in Ohio California for any action or proceeding arising from or relating to this Amended and Restated Employment Agreement and/or relation relating to any arbitration in which the parties are participants. (c) Executive understands that nothing in this Section modifies Executive's at-will status. Either the Company or Executive can terminate the employment relationship at any time, with or without cause. (d) EXECUTIVE HAS READ AND UNDERSTANDS SECTION 11, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATIONARBITRATION TO THE EXTENT PERMITTED BY LAW, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION.; (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF TO THE CIVIL RIGHTS ACTACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT.; (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary. (e) THE PARTIES MAY APPLY TO ANY COURT OF COMPETENT JURISDICTION FOR A TEMPORARY RESTRAINING ORDER, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretationPRELIMINARY INJUNCTION, validityOR OTHER INTERIM OR CONSERVATORY RELIEF, constructionAS NECESSARY, performance, breach or termination thereofWITHOUT BREACH OF THIS ARBITRATION AGREEMENT AND WITHOUT ABRIDGMENT OF THE POWERS OF THE ARBITRATOR.

Appears in 1 contract

Sources: Employment Agreement (Carsdirect Com Inc)

Arbitration and Equitable Relief. To the extent permitted by applicable law(a) Except as provided in Section 6(c) below, Executive agrees 8x8 and Shareholder agree that any dispute or controversy arising out of, relating to, to or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, breach or termination thereof of this Agreement shall be settled by binding arbitration to the extent permitted by law to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSanta Clar▇ ▇▇▇nty, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect Disputes, of the American Arbitration Association as then in effect (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having of competent jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules conflicts of conflict of lawlaw rules. The arbitration proceeding shall be governed by Federal arbitration law and by the Rules, without reference to state arbitration law. Executive Shareholder hereby expressly consents to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation or relating to any arbitration in which the parties are participants. (c) The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this arbitration agreement and without abridgment of the powers of the arbitrator. (d) SHAREHOLDER HAS READ AND UNDERSTANDS SECTION 6, WHICH DISCUSSES ARBITRATION. EXECUTIVE SHAREHOLDER UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE SHAREHOLDER AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, BREACH OR TERMINATION THEREOF THEREOF, TO BINDING ARBITRATION, EXCEPT AS PROVIDED IN SECTION 6(c) AND ONLY TO THE EXTENT PERMITTED BY LAW, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVESHAREHOLDER'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, RELATIONSHIP BETWEEN THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATIONPARTIES. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACT, AND THE FAIR LABOR STANDARDS ACT. (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Stock Exchange Agreement (8x8 Inc)

Arbitration and Equitable Relief. To (a) Except as provided in Section 9(d) below, the Executive and the Company agree that to the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall will be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerCounty of Santa Clara, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The There will be one arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's ’s decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall will apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding shall be governed by Federal arbitration law and by the Rules, without reference to state arbitration law. Executive hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) The Company will pay the direct costs and expenses of the arbitration. EXECUTIVE The Company and the Executive are responsible for their respective attorneys’ fees incurred in connection with enforcing this Agreement. (d) The Company and the Executive may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary to enforce the provisions of this Agreement, without breach of this arbitration agreement and without abridgement of the powers of the arbitrator. THE EMPLOYEE HAS READ AND UNDERSTOOD THIS SECTION 9, WHICH DISCUSSES ARBITRATION. THE EMPLOYEE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE THE EMPLOYEE AGREES TO THE EXTENT PERMITTED BY LAW, TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S THE EMPLOYEE’S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION.; (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., AND ANY LAW OF ANY STATE; AND (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Change of Control Severance Agreement (Spansion Inc.)

Arbitration and Equitable Relief. To the extent permitted by applicable law, Executive agrees (a) The Parties agree that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSanta ▇▇▇▇▇ County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive The parties hereto hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) PointCast and Employee shall each pay one-half of the costs and expenses of such arbitration, and shall separately pay its counsel fees and expenses. (d) THE PARTIES HERETO HAVE READ AND UNDERSTAND SECTION 10, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THE PARTIES HERETO UNDERSTAND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES THEY AGREE TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S THEIR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACTCONTRACT OR BREACH OR FAILURE TO PERFORM DUTIES OR OBLIGATIONS AS AN EMPLOYEE, OFFICER OF DIRECTOR, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND LABOR CODE SECTION 201, et seq; (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Part Time Employment and Non Competition Agreement (Pointcast Inc)

Arbitration and Equitable Relief. To the extent permitted by applicable law(a) Except as provided in Section 9(d) below, 8x8 and Executive agrees agree that any dispute or controversy arising out of, relating to, to or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, breach or termination thereof of this Agreement shall be settled by binding arbitration to the extent permitted by law to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSanta Clar▇ ▇▇▇nty, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect Disputes, of the American Arbitration Association as then in effect (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having of competent jurisdiction. . (b) The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. The arbitrator arbitrator(s) shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules conflicts of conflict of law. The arbitration proceeding shall be governed by Federal arbitration law and by the Rules, without reference to state arbitration lawrules. Executive hereby expressly consents to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation or relating to any arbitration in which the parties are participants. (c) The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this arbitration agreement and without abridgment of the powers of the arbitrator. (d) EXECUTIVE HAS READ AND UNDERSTANDS SECTION 9, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, BREACH OR TERMINATION THEREOF THEREOF, TO BINDING ARBITRATIONARBITRATION TO THE EXTENT PERMITTED BY LAW, EXCEPT AS PROVIDED IN SECTION 9(c), AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, RELATIONSHIP BETWEEN THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATIONPARTIES. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACT, AND THE FAIR LABOR STANDARDS ACT. (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Stock Exchange Agreement (8x8 Inc)

Arbitration and Equitable Relief. To the extent permitted by applicable law, Executive agrees (a) The Parties agree that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSanta Barbara, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive The Parties hereto hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties Parties are participants. (c) The Company and Executive shall each pay one-half of the costs and expenses of such arbitration, and shall separately pay its counsel fees and expenses. (d) THE PARTIES HERETO HAVE READ AND UNDERSTAND SECTION 10, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THE PARTIES HERETO UNDERSTAND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES THEY AGREE TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S THEIR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND LABOR CODE SECTION 201, ET SEQ; (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Severance Agreement (Circon Corp)

Arbitration and Equitable Relief. To (a) Except as provided in Section 12(d) below, Executive and the Company agree that to the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall will be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the Employeror about Peabody, Massachusetts, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall will apply Ohio law and any applicable Federal Massachusetts law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding shall be governed by Federal arbitration law and by the Rules, without reference to state arbitration law. Executive hereby expressly consents to the personal jurisdiction of the state and Federal federal courts located in Ohio Massachusetts for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) The Company will pay the direct costs and expenses of the arbitration. The Company and Executive each will separately pay its counsel fees and expenses. (d) The Company or Executive may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary to enforce the provisions of the confidential information and trade secrets agreement between the Company and Executive, without breach of this arbitration agreement and without abridgement of the powers of the arbitrator. (e) Executive understands that nothing in Section 12 modifies Executive's at-will status. Either the Company or Executive can terminate the employment relationship at any time, with or without cause. (f) EXECUTIVE HAS READ AND UNDERSTANDS SECTION 12, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO THE EXTENT PERMITTED BY LAW, TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION.; (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., AND ANY LAW OF THE STATE OF MASSACHUSETTS; AND (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Employment Agreement (Scansoft Inc)

Arbitration and Equitable Relief. To the extent permitted by applicable law(a) Except as provided in Section 14(d) below, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the Employer▇▇▇▇▇▇ County, Texas, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal Texas law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive hereby expressly consents to the personal jurisdiction of the state and Federal federal courts located in Ohio Texas for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) The Company and Executive shall each pay one-half of the costs and expenses of such arbitration, and shall separately pay its counsel fees and expenses. (d) Executive understands that nothing in Section 14 modifies Executive's at-will status. Either the Company or Executive can terminate the employment relationship at any time, with or without cause. (e) EXECUTIVE HAS READ AND UNDERSTANDS SECTION 14, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., THE TEXAS COMMISSION ON HUMAN RIGHTS ACT, AND TEXAS LABOR CODE SECTION 21, et seq;] (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Employment Agreement (Applied Science Fiction Inc)

Arbitration and Equitable Relief. To (a) Except as provided in Section 5(c) below, the extent permitted by applicable law, Executive agrees Company and Employee agree that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the Employer, Massachusetts in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions injuctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. . (b) The fees Company shall pay all costs and expenses of the arbitratorssuch arbitration. (c) The parties may apply to any court of competent jurisdiction for a temporary restraining order, and any American Arbitration Association fees, shall be paid by the Employer. The arbitrator shall apply Ohio law and any applicable Federal law to the merits of any dispute preliminary injunction or claimother interim or conservatory relief as necessary, without reference to rules breach of conflict of law. The this arbitration proceeding shall be governed by Federal arbitration law agreement and by the Rules, without reference to state arbitration law. Executive hereby expressly consents to the personal jurisdiction abridgment of the state and Federal courts located in Ohio for any action or proceeding arising from or relating to this Agreement and/or relation to any arbitration in which powers of the parties are participantsarbitrator. (d) EMPLOYEE HAS READ AND UNDERSTANDS THIS SECTION 5, WHICH DISCUSSES ARBITRATION. EXECUTIVE EMPLOYEE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES EMPLOYEE AGREES, EXCEPT AS PROVIDED IN SECTION 5 (c), TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVEEMPLOYEE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACT, AND THE FAIR LABOR STANDARDS ACT. (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Relocation Bonus Agreement (Rational Software Corp)

Arbitration and Equitable Relief. To the extent permitted by applicable law, Executive agrees (a) The parties hereto agree that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSanta ▇▇▇▇▇ County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive The parties hereto hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) The Company and Employee shall each pay one-half of the costs and expenses of such arbitration, and shall separately pay its counsel fees and expenses. (d) THE PARTIES HERETO HAVE READ AND UNDERSTAND SECTION 10, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THE PARTIES HERETO UNDERSTAND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES THEY AGREE TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S THEIR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION.; (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT, THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND LABOR CODE SECTION 201, et seq.; AND (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Separation Agreement (Identix Inc)

Arbitration and Equitable Relief. To the extent permitted by applicable law, Executive agrees (a) The parties hereto agree that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSanta Clar▇ ▇▇▇nty, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive The parties hereto hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) The Company and Employee shall each pay one-half of the costs and expenses of such arbitration, and shall separately pay its counsel fees and expenses. (d) THE PARTIES HERETO HAVE READ AND UNDERSTAND SECTION 8, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THE PARTIES HERETO UNDERSTAND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES THEY AGREE TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S THEIR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION.; (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND LABOR CODE SECTION 201, et seq; AND (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Separation Agreement (Kla Tencor Corp)

Arbitration and Equitable Relief. To (a) The Parties hereto agree that, to the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall will be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSanta ▇▇▇▇▇ County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall will apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding shall proceedings will be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive The Parties hereto hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties Parties are participants. (c) The Company and Executive will each pay one-half of the costs and expenses of such arbitration, and will separately pay its counsel fees and expenses. (d) THE PARTIES HERETO HAVE READ AND UNDERSTAND SECTION 9, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THE PARTIES HERETO UNDERSTAND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES THEY AGREE TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S THEIR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION RESOLUT1ON OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) (ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION.INTENTIONAL (ii) (ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND LABOR CODE SECTION 201, ET SEQ; (iii) (ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Severance Agreement (Phoenix Technologies LTD)

Arbitration and Equitable Relief. To the extent permitted by applicable law(a) Except as provided otherwise herein, Executive agrees that any dispute or controversy arising out of, relating to, to or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, breach or termination thereof of this Agreement, and/or the employment relationship between the Company and Executive, shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both ▇▇▇▇▇▇ County, Texas, pursuant to the Executive Federal Arbitration Act and the Employer, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The Company agrees to reimburse the reasonable and necessary travel and accommodation expenses incurred by Executive in connection with any arbitration taking place under this Agreement. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal Texas law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by the Federal Arbitration Act, federal arbitration law law, and by the Rules, without reference to state arbitration law. Executive hereby expressly consents to the personal jurisdiction of the state and Federal federal courts located in Ohio ▇▇▇▇▇▇ County, Texas for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) The Company will pay the administrative costs of arbitration for both Parties. The prevailing party in any arbitration pursuant to this agreement shall be entitled to recover its costs and reasonable attorneys fees incurred in the arbitration to the extent permitted by law. In the case of arbitration(s) initiated by the Company only, the arbitrator must make an affirmative finding that the Executive has engaged in an actual material breach of this Agreement in order for the Company to be deemed the prevailing party for purposes of recovering its reasonable attorneys' fees. (d) In the event of any breach by the Company of this Agreement, Executive shall not be required to mitigate his damages. (e) Executive understands that nothing in this Agreement modifies Executive's "at will" employment status. The employment relationship between Executive and the Company may be terminated at any time, with or without cause, at the option of either the Company or Executive pursuant to the terms of this Agreement. (f) The Parties agree neither party will intentionally delay the arbitration procedures. Both parties will be ready to present their case to the arbitrator within 6 months of the receipt of a written demand for arbitration. The arbitrator shall schedule an arbitration hearing within 6 months of receipt of the demand for arbitration and submit a written decision and award within 1 month of the completion of the arbitration hearing, and will determine whether either party has unnecessarily delayed the procedure. If a party unnecessarily delays the procedure, that party will accept the claims and or positions of the other party. (g) EXECUTIVE HAS READ AND UNDERSTANDS SECTION 15, WHICH DISCUSSES ARBITRATION, EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A AN EXPRESS WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE RELATIONSHIPEMPLOYMENT RELATIONSHIP BETWEEN THE COMPANY AND EXECUTIVE, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; , NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACT OF 1990, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES FAIR LABOR STANDARDS ACT, THE TEXAS COMMISSION ON HUMAN RIGHTS ACT, AND THE FAIR TEXAS LABOR STANDARDS ACTCODE SECTION 21.001, ET SEQ.) (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Employment Agreement (Applied Science Fiction Inc)

Arbitration and Equitable Relief. To The parties hereto agree that, to the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerSanta ▇▇▇▇▇ County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's ’s decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. The arbitrator shall apply Ohio law and any applicable Federal California law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding proceedings shall be governed by Federal federal arbitration law and by the Rules, without reference to state arbitration law. Executive The parties hereto hereby expressly consents consent to the personal jurisdiction of the state and Federal federal courts located in Ohio California for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. EXECUTIVE UNDERSTANDS The Company shall pay the costs and expenses of such arbitration. THE PARTIES HERETO HAVE READ AND UNDERSTAND SECTION 16, WHICH DISCUSSES ARBITRATION. THE PARTIES HERETO UNDERSTAND THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES THEY AGREE, TO THE EXTENT PERMITTED BY LAW, TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S THEIR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION.; (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTESTATUTE ARISING OUT OF OR RELATING TO EXECUTIVE’S EMPLOYMENT BY THE COMPANY, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTCIVIL RIGHTS ACT OF 1991, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT., THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND LABOR CODE SECTION 201, et seq; AND (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Severance Agreement (Portal Software Inc)

Arbitration and Equitable Relief. (a) To the The extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, breach or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the EmployerFulton County, Georgia, in accordance with the National Rules for the Resolution th▇ ▇▇▇▇lution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal Georgia law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding shall be governed by Federal arbitration law and by the Rules. (c) EXECUTIVE HAS READ AND UNDERSTANDS SECTION 14, without reference to state arbitration law. Executive hereby expressly consents to the personal jurisdiction of the state and Federal courts located in Ohio for any action or proceeding arising from or relating to this Agreement and/or relation to any arbitration in which the parties are participantsWHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: : (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND OR IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE AMERICANS WITH DISABILITIES ACT, AND THE FAIR LABOR STANDARDS ACT. (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. Notwithstanding any provision hereinto the contrary, this Section 11.4 shall not apply to any dispute or controversy arising under Articles VII or VIII or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Employment Agreement (Airgate PCS Inc /De/)

Arbitration and Equitable Relief. (a) To the extent permitted by applicable law, Executive agrees that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, breach or termination thereof shall be settled by arbitration to be held before a single arbitrator in such location as agreed by both the Executive and the Employer▇▇▇▇▇▇ County, Georgia, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The fees and expenses of the arbitrators, and any American Arbitration Association fees, shall be paid by the Employer. . (b) The arbitrator shall apply Ohio law and any applicable Federal Georgia law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitration proceeding shall be governed by Federal arbitration law and by the RulesSubject to Section 12(a), without reference to state arbitration law. Executive hereby expressly consents to the personal jurisdiction of the state and Federal federal courts located in Ohio Georgia for any action or proceeding arising from or relating to this Agreement and/or relation relating to any arbitration in which the parties are participants. (c) Executive understands that nothing in Section 12 modifies Executive's at-will status. Subject to Section 3, either the Company or Executive can terminate the employment relationship at any time, with or without cause. (d) EXECUTIVE HAS READ AND UNDERSTANDS SECTION 12, WHICH DISCUSSES ARBITRATION. EXECUTIVE UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, EXECUTIVE AGREES TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EXECUTIVE EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING CLAIMS: (i) ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF EMPLOYMENT; BREACH OF CONTRACT, BOTH EXPRESS AND OR IMPLIED; BREACH OF THE COVENANT OF ANY GOOD FAITH AND FAIR DEALING, BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; AND DEFAMATION. (ii) ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, FEDERAL STATE OR MUNICIPAL STATUTE, INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACTACT OF 1964, THE CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE FAMILY AND MEDICAL LEAVE ACTACT OF 1967, THE AMERICANS WITH DISABILITIES ACTACT OF 1990, AND THE FAIR LABOR STANDARDS ACT.; (iii) ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION. . (e) Notwithstanding any provision hereinto herein to the contrary, this Section 11.4 12 shall not apply to any dispute or controversy arising under Articles VII or VIII Section 9 (entitled "Restrictions on Employment") or the interpretation, validity, construction, performance, breach or termination thereof.

Appears in 1 contract

Sources: Employment Agreement (Airgate PCS Inc /De/)