Common use of Arbitration and Waiver of Jury Trial Clause in Contracts

Arbitration and Waiver of Jury Trial. 7.1 Any and all disputes which may arise from or relate to this Agreement or the employment of Employee or the termination of such employment shall be subject to final and binding arbitration to be held in the city where the Employee was based when the Agreement was signed. All such disputes shall be arbitrated under the auspices and rules of the American Arbitration Association pursuant to its Expedited Labor Arbitration Rules in effect at the time the claim or dispute arises. There shall be one arbitrator, who shall be a retired superior court or federal court judge. The arbitrator shall have the authority only to enforce the legal and contractual rights of the parties and shall not add to, modify, disregard or refuse to enforce any contractual provision. The arbitrator shall have no right, power or jurisdiction to award Employee any punitive or exemplary damages of any kind. EMPLOYEE AND THE COMPANY RECOGNIZE AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, THEY ARE WAIVING ANY AND ALL RIGHTS TO A TRIAL BY JURY. Notwithstanding any of the foregoing, this provision for arbitration shall not prevent the parties, or any of them, from seeking injunctive relief for violation of the provisions hereof. The prevailing party in any arbitration or in any action or proceeding involving injunctive relief shall be entitled to recover his/her or its reasonable attorneys' fees and costs.

Arbitration and Waiver of Jury Trial. 7.1 Any and all disputes which may arise from or relate to this Agreement or the employment of Employee Herzog or the termination of such employment shall be subject to final and finxx xxx binding arbitration to be held in the city where the Employee was based when the Agreement was signedLos Angeles, California. All such disputes shall be arbitrated under the auspices and rules of the Judicial Arbitration and Mediation Service, Inc./EndDispute, or if it is no longer in existence, under the auspices and rules of the American Arbitration Association pursuant to its Expedited Labor Arbitration Rules in effect at the time the claim or dispute arises. There shall be one arbitrator, who shall be a retired superior court or federal court judge. The arbitrator shall have the authority only to enforce the legal and contractual rights of the parties and shall not add to, modify, disregard or refuse to enforce any contractual provision. The arbitrator shall have no right, power or jurisdiction to award Employee Herzog any punitive or exemplary damages of any kind. EMPLOYEE DAY AND THE COMPANY COXXXXXXS RECOGNIZE AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, THEY ARE WAIVING ANY AND ALL RIGHTS TO A TRIAL BY JURY. Notwithstanding any of the foregoing, this provision for arbitration shall not prevent the partiesCompany, or any of them, from seeking injunctive relief for violation of the provisions of Sections 4 and 6 hereof. The prevailing party in any arbitration or in any action or proceeding involving injunctive relief shall be entitled to recover his/her or its reasonable attorneys' fees and costs.