Common use of Arbitration and Equitable Relief Clause in Contracts

Arbitration and Equitable Relief. a. Except as provided in Section 9(d) below, the Executive and the Company agree that to the extent permitted by law, 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 will be settled by arbitration to be held in the County 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”). There will be one arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator 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.

Appears in 3 contracts

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

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Arbitration and Equitable Relief. a. Except as provided in Section 9(d8(d) below, the Executive and the Company agree that to the extent permitted by law, 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 will be settled by arbitration to be held in the County 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”). There will be one arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator 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.

Appears in 2 contracts

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

Arbitration and Equitable Relief. a. (a) Except as provided in Section 9(d) below, the Executive Employee and the Company agree that to the extent permitted by law, 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 will be settled by arbitration to be held in the County 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”). There will be one arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator 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.

Appears in 1 contract

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

Arbitration and Equitable Relief. a. (a) Except as provided in Section 9(d) below, the Executive and the Company agree that to the extent permitted by law, 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 will be settled by arbitration to be held in the County 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”). There will be one arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator 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.

Appears in 1 contract

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

Arbitration and Equitable Relief. a. (a) Except as provided in Section 9(d10(e) below, the Executive and the Company agree agrees that to the extent permitted by law, 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 will shall be settled by arbitration arbitration, to the extent permitted by law, to be held in the County of Santa ClaraLos Angeles County, California, California in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). There will be one The arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator will 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.

Appears in 1 contract

Samples: Employment Agreement (Carsdirect Com Inc)

Arbitration and Equitable Relief. a. (a) Except as provided in Section 9(d6(c) below, the Executive 8x8 and the Company Shareholder agree that to the extent permitted by law, 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 will of this Agreement shall be settled by binding arbitration to the extent permitted by law to be held in the County of Santa ClaraClarx Xxxnty, 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"). There will be one The arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator will 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.

Appears in 1 contract

Samples: Noncompetition Agreement (8x8 Inc)

Arbitration and Equitable Relief. a. (a) Except as provided in Section 9(d13(d) below, the Executive and the Company agree agrees that to the extent permitted by law, 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 will shall be settled by arbitration to be held in the County of Santa ClaraSan Mateo [NetGravity Logo] County, California, in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). There will be one The arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator will 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.

Appears in 1 contract

Samples: Employment Agreement (Netgravity Inc)

Arbitration and Equitable Relief. a. (a) Except as provided in Section 9(d16(d) below, the Executive you and the Company agree that to the extent permitted by law, 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 will be settled by arbitration to be held in the County 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"). There will be one The arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator 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.

Appears in 1 contract

Samples: Employment Agreement (Lsi Logic Corp)

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Arbitration and Equitable Relief. a. (a) Except as provided in Section 9(d) below, the Executive Company and the Company Consultant agree that to the extent permitted by law, 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 will of this Agreement shall be settled by binding arbitration to be held in the County of Santa ClaraSan Mateo County, California, in accordance with the National Rules Commercial Arbitration Rules, supplemented by the Supplemental Procedures for the Resolution of Employment Disputes then in effect Large Complex Disputes, of the American Arbitration Association as then in effect (the "Rules"). There will be one The arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator will 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.

Appears in 1 contract

Samples: Consulting Agreement (Sagent Technology Inc)

Arbitration and Equitable Relief. a. (a) Except as provided in Section 9(d11(e) below, the Executive and the Company agree agrees that to the extent permitted by law, 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 will shall be settled by arbitration arbitration, to the extent permitted by law, to be held in the County of Santa ClaraLos Angeles County, California, California in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the "Rules"). There will be one The arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator will 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.

Appears in 1 contract

Samples: Employment Agreement (Carsdirect Com Inc)

Arbitration and Equitable Relief. a. (a) Except as provided in Section 9(d6(c) below, the 8x8 and Executive and the Company agree that to the extent permitted by law, 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 will of this Agreement shall be settled by binding arbitration to the extent permitted by law to be held in the County of Santa ClaraClarx Xxxnty, 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"). There will be one The arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator will 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.

Appears in 1 contract

Samples: Noncompetition Agreement (8x8 Inc)

Arbitration and Equitable Relief. a. (a) Except as provided in Section 9(d10(d) below, the Executive Company and the Company Consultant agree that to the extent permitted by law, 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 will of this Agreement shall be settled by binding arbitration to be held in the County of Santa ClaraSan Francisco Bay Area, CaliforniaCA, in accordance with the National Rules Commercial Arbitration Rules, supplemented by the Supplemental Procedures for the Resolution of Employment Disputes then in effect Large Complex Disputes, of the American Arbitration Association as then in effect (the “Rules”). There will be one The arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator will 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.

Appears in 1 contract

Samples: Consulting Agreement (Pain Therapeutics Inc)

Arbitration and Equitable Relief. a. (a) Except as provided in Section 9(d23(d) below, the Executive you and the Company agree that to the extent permitted by law, 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 will be settled by arbitration to be held in the County 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"). There will be one The arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator 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.

Appears in 1 contract

Samples: Barnes Employment Agreement (Sagent Technology Inc)

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