Common use of Arbitration of Certain Disputes Clause in Contracts

Arbitration of Certain Disputes. The arbitration of Mediated Disputes not settled by mediation between the parties shall be decided by arbitration in accordance with the then applicable rules of the AAA, unless the parties mutually agree to other arbitration procedures. Notice of the demand for arbitration shall be filed in writing with the other party to this Lease and with the AAA. The demand shall be made within five (5) days after the mediation is concluded. This agreement to arbitrate shall be specifically enforceable under prevailing state or federal arbitration law. A single arbitrator experienced in commercial building construction, shall arbitrate the dispute, provided that if the parties cannot agree on an arbitrator within ten (10) days following a party’s initial demand for arbitration each party shall select an arbitrator and the two arbitrators so selected shall select a third arbitrator who shall then arbitrate the dispute. Except as may be otherwise agreed by the parties to this Lease, the arbitration shall be conducted in accordance with the AAA Commercial Arbitration Rules with Expedited Procedures, in effect on the date hereof, as modified by this section. There shall be no dispositive motion practice. As may be shown to be necessary to ensure a fair hearing the arbitrator(s) may authorize limited discovery and may enter pre-hearing orders regarding (without limitation) scheduling, document exchange, witness disclosure and issues to be heard. The arbitrator(s) shall not be bound by the rules of evidence or of civil procedure, but may consider such writings and oral presentations as reasonable business people would use in the conduct of their day-to-day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrator(s) may determine to be appropriate. The parties intend to limit live testimony and cross-examination to the extent necessary to ensure a fair on material issues. The arbitrator(s) shall take such steps as may be necessary to hold a private hearing within ten (10) days following the date the arbitrator has have been selected and to conclude the hearing within two (2) days; and the arbitrator’s written decision shall be made not later than seven (7) calendar days after the hearing. The parties have included these time limits in order to expedite the proceeding, but they are not jurisdictional, and the arbitrator(s) may for good cause allow reasonable extension or delays, which shall not affect the validity of the award. The written decisions shall contain a brief statement of the claim(s) determined and the award made on each claim. In making the decision and award, the arbitrator(s) shall apply applicable substantive law. Absent fraud, collusion or willful misconduct by the arbitrator(s), the award shall be final, and judgment may be entered in any court having jurisdiction thereof. The arbitrator(s) may award injunctive relief or any other remedy available from a judge, including the joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact or which may promote judicial economy, and may award attorneys’ fees and costs to the prevailing party but shall not have the power to award punitive or exemplary damages. Venue of any arbitration conducted pursuant to this paragraph shall be in Seattle, Washington. FIXED EQUIPMENT AND MOVEABLE EQUIPMENT Tenant’s Fixed Equipment shall be those portions of Tenant’s Work which are attached to the premises in a permanent fashion, such that removal would require substantial work and repair to the Premises. Tenant’s Moveable Equipment shall be equipment that is moveable or detachable from the Premises without substantial work or repair. Landlord and Tenant shall use diligent efforts to agree upon the delineation between Fixed Equipment and Moveable Equipment upon Landlord’s receipt and review of Tenant’s Design Development drawings and Final Contract Drawings. EXHIBIT E TO LEASE CONFIRMATION OF COMMENCEMENT DATE Landlord: 307 WESTLAKE LLC, a Washington limited liability company Tenant: CHILDREN’S HOSPITAL AND REGIONAL MEDICAL CENTER, a Washington nonprofit corporation This Confirmation of Commencement Date (“Confirmation”) is made by Landlord and Tenant pursuant to that certain Lease dated as of , 2002 (the “Lease”) for certain premises located in the 2nd and 3rd floors in the building commonly known as “307 Westlake” (the “Premises”). This Confirmation is made pursuant to Section 3(a) of the Lease.

Arbitration of Certain Disputes. The arbitration Parties agree that the Court shall have the authority and continuing jurisdiction to enforce all portions of Mediated Disputes the Settlement Agreement except for the provisions set out in Section IV.D. If Class Counsel believe that GTL has not settled by mediation between substantially complied with any provision of Section IV.D of this Settlement Agreement, as it relates to class-wide non-monetary relief, Class Counsel shall first notify GTL of the parties shall alleged breach and provide GTL 30 days to meet and confer regarding any alleged non-compliance, and an additional 15 days to cure any alleged non-compliance. If the Parties cannot resolve the issue informally, the alleged non-compliance will be decided by arbitration at JAMS in accordance with Xxxxxx County, Georgia pursuant to JAMS Streamlined Arbitration Rules & Procedures. In the then applicable rules of the AAA, unless the parties mutually agree event Xxx Xxxxxxxx is available to other arbitration procedures. Notice of the demand for arbitration shall be filed in writing with the other party to this Lease and with the AAA. The demand shall be made within five (5) days after the mediation is concluded. This agreement to arbitrate shall be specifically enforceable under prevailing state or federal arbitration law. A single arbitrator experienced in commercial building construction, shall arbitrate the dispute, provided that if the parties cannot agree on an arbitrator within ten (10) days following a party’s initial demand for arbitration each party shall select an arbitrator use Xxx Xxxxxxxx as arbitrator, and the two arbitrators so selected shall select a third arbitrator who shall then Parties waive any conflict of interest arising out of Xxx Xxxxxxxx’x potential service as arbitrator. In the event Xxx Xxxxxxxx is not available and R. Xxxxx Xxxxxx is available to arbitrate the dispute. Except as may be otherwise agreed by , then the parties shall use R. Xxxxx Xxxxxx as arbitrator. In the event that neither Xxx Xxxxxxxx nor R. Xxxxx Xxxxxx are available, then the parties shall select the arbitrator pursuant to JAMS rules. Any arbitration pursuant to this LeaseSection XV.B shall be subject to the requirements of the Federal Arbitration Act. Nothing in this Settlement Agreement shall permit the arbitrator to void or reform any of GTL’s contracts. GTL shall bear the expenses of any arbitration brought pursuant to this Section XV.B. If the Arbitrator determines, in his/her sole discretion that the claims brought by Class Counsel in any arbitration brought under this Section XV.B are frivolous, Class Counsel shall bear the expenses of such arbitration. In all events, the arbitration Parties shall be conducted in accordance with the AAA Commercial Arbitration Rules with Expedited Procedures, in effect on the date hereof, as modified by this section. There shall be no dispositive motion practice. As may be shown to be necessary to ensure a fair hearing the arbitrator(s) may authorize limited discovery and may enter pre-hearing orders regarding (without limitation) scheduling, document exchange, witness disclosure and issues to be heard. The arbitrator(s) shall not be bound by the rules of evidence or of civil procedure, but may consider such writings and oral presentations as reasonable business people would use in the conduct of each pay their day-to-day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrator(s) may determine to be appropriate. The parties intend to limit live testimony and cross-examination to the extent necessary to ensure a fair on material issues. The arbitrator(s) shall take such steps as may be necessary to hold a private hearing within ten (10) days following the date the arbitrator has have been selected and to conclude the hearing within two (2) days; and the arbitrator’s written decision shall be made not later than seven (7) calendar days after the hearing. The parties have included these time limits in order to expedite the proceeding, but they are not jurisdictional, and the arbitrator(s) may for good cause allow reasonable extension or delays, which shall not affect the validity of the award. The written decisions shall contain a brief statement of the claim(s) determined and the award made on each claim. In making the decision and award, the arbitrator(s) shall apply applicable substantive law. Absent fraud, collusion or willful misconduct by the arbitrator(s), the award shall be final, and judgment may be entered in any court having jurisdiction thereof. The arbitrator(s) may award injunctive relief or any other remedy available from a judge, including the joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact or which may promote judicial economy, and may award own respective attorneys’ fees and costs to the prevailing in any such arbitration. Nothing herein shall prevent either party but shall not have the power to award punitive or exemplary damages. Venue from seeking relief in aid of any arbitration conducted pursuant to this paragraph shall be in Seattle, Washington. FIXED EQUIPMENT AND MOVEABLE EQUIPMENT Tenant’s Fixed Equipment shall be those portions of Tenant’s Work which are attached to the premises in a permanent fashioncourt of competent jurisdiction. Consistent with Section IV.E and for the avoidance of all doubt, such that removal would require substantial work and repair nothing in this provision shall limit GTL from responding to the Premises. Tenant’s Moveable Equipment shall be equipment that is moveable or detachable from the Premises without substantial work contracting with a governmental or repair. Landlord and Tenant shall use diligent efforts to agree upon the delineation between Fixed Equipment and Moveable Equipment upon Landlord’s receipt and review of Tenant’s Design Development drawings and Final Contract Drawings. EXHIBIT E TO LEASE CONFIRMATION OF COMMENCEMENT DATE Landlord: 307 WESTLAKE LLC, a Washington limited liability company Tenant: CHILDREN’S HOSPITAL AND REGIONAL MEDICAL CENTER, a Washington nonprofit corporation This Confirmation of Commencement Date (“Confirmation”) is made by Landlord and Tenant pursuant to that certain Lease dated as of , 2002 (the “Lease”) for certain premises located other entity in the 2nd and 3rd floors in the building commonly known as “307 Westlake” (the “Premises”). This Confirmation is made pursuant to Section 3(a) of the Leaseordinary course.

Arbitration of Certain Disputes. The arbitration Except as described in the last sentence of Mediated Disputes this section and the section above entitled “Right to Enforce Agreement and Cooperate with the Government,” and to the fullest extent allowed by law, you and McDonald’s agree that all disputes, claims, and causes of action relating to or arising under your employment or separation of employment, including but not settled by mediation between limited to claims of discrimination or unlawful termination and the parties interpretation, application, validity, breach and enforcement of this Agreement, shall be decided resolved solely and exclusively by final, binding and confidential arbitration in accordance with before a single arbitrator pursuant to the then applicable rules of the AAA, unless American Arbitration Association applicable to employment disputes (the parties mutually agree to other arbitration procedures. Notice of the demand for arbitration shall be filed in writing with the other party to this Lease Employment Arbitration Rules) and with the AAA. The demand shall be made within five (5) days after the mediation is concluded. This agreement to arbitrate shall be specifically enforceable under prevailing state or federal arbitration law. A single arbitrator experienced in commercial building construction, shall arbitrate the dispute, provided that if the parties cannot agree on an arbitrator within ten (10) days following a party’s initial demand for arbitration each party shall select an arbitrator and the two arbitrators so selected shall select a third arbitrator who shall then arbitrate the dispute. Except as may be otherwise agreed by the parties to this Lease, the arbitration shall be conducted in accordance with the AAA Commercial Arbitration Rules with Expedited Procedures, in effect on the date hereof, as modified by this section. There shall be no dispositive motion practice. As may be shown to be necessary to ensure a fair hearing the arbitrator(s) may authorize limited discovery and may enter pre-hearing orders regarding (without limitation) scheduling, document exchange, witness disclosure and issues to be heard. The arbitrator(s) such claims shall not be bound by the rules brought in court. All applicable statutes of evidence or of civil procedure, but may consider such writings limitations will be preserved and oral presentations as reasonable business people would use in the conduct of their day-to-day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrator(s) may determine to will be appropriateapplicable. The parties intend to limit live testimony and cross-examination agree that, to the extent necessary any such dispute, claim or cause of action arises, it must be brought in your individual capacity and not maintained on a class action, collective action, or representative action basis, that these same limits apply to ensure a fair on material issuesMcDonald’s, and that the arbitrator is prohibited from presiding over class, collective or representative claims. The arbitrator(s) shall take such steps as Claims may not be joined or consolidated in arbitration with claims brought by other individuals, and no damages, penalties or other remedies may be necessary sought or received on behalf of other individuals unless expressly agreed to hold a private hearing within ten (10) days following the date the arbitrator has have been selected and to conclude the hearing within two (2) days; and in writing by all parties. Nothing in this paragraph shall limit the arbitrator’s written decision shall be made ability to award a party all statutory and common law remedies available under any claim brought by that party in an individual capacity that has not later than seven (7) calendar days after the hearingbeen waived or released by this Agreement. The parties have included understand and agree that this paragraph waives their right to a jury trial on these time limits claims. In any such arbitration, the waivers and releases contained in order this Agreement will be fully applicable and enforceable. In the event a waiver of class, collective or representative claims is found to expedite be unlawful or unenforceable, then the proceedingonly forum for such an action will be court, but they are not jurisdictionalarbitration. Additionally, to the fullest extent allowed by law, if any proceeding may be brought by you or McDonald’s in court or any other forum relating to or arising under your employment or separation of employment or the interpretation, application, validity, breach and enforcement of this Agreement, it shall be brought in an individual capacity and not maintained on a class, collective or representative action basis. Nothing herein shall prohibit or interfere with your right to file a charge, cooperate or participate in an investigation or proceeding conducted by the arbitrator(s) may for good cause allow reasonable extension Equal Employment Opportunity Commission, or delaysother federal, which shall not affect the validity of the award. The written decisions shall contain state, or local agency, or your right to file a brief statement of the claim(s) determined and the award made on each workers’ compensation or unemployment claim. In making Notwithstanding the decision and awardforegoing, the arbitrator(s) shall apply applicable substantive law. Absent fraudMcDonald’s may in its discretion seek injunctive or other equitable relief, collusion or willful misconduct by the arbitrator(s)pending resolution of arbitration, the award shall be final, and judgment may be entered in any court having of competent jurisdiction thereoffor any violation of the Non-Compete; Non-Solicitation of Employees; Non-Interference with Business Relationships; Confidentiality of Employee Names; Non-Disturbance; and Confidential Information or other post-employment obligations provided for in this Agreement. The arbitrator(s) Notwithstanding anything to the contrary herein, any dispute as to whether a claim is arbitrable or whether a claim may award injunctive relief be maintained on a class action, collective action, or any other remedy available from a judge, including the joinder of parties representative action basis or consolidation of this may be joined or consolidated in arbitration with any claims brought by other involving common issues of law or fact or which may promote judicial economyindividuals, and may award attorneys’ fees and costs to the prevailing party but shall not have the power to award punitive or exemplary damages. Venue of any arbitration conducted pursuant to this paragraph shall be in Seattle, Washington. FIXED EQUIPMENT AND MOVEABLE EQUIPMENT Tenant’s Fixed Equipment shall be those portions determined by the United States District Court for the Northern District of Tenant’s Work which are attached to Illinois or the premises in a permanent fashion, such that removal would require substantial work and repair to Circuit Court of the Premises. Tenant’s Moveable Equipment shall be equipment that is moveable or detachable from the Premises without substantial work or repair. Landlord and Tenant shall use diligent efforts to agree upon the delineation between Fixed Equipment and Moveable Equipment upon Landlord’s receipt and review of Tenant’s Design Development drawings and Final Contract Drawings. EXHIBIT E TO LEASE CONFIRMATION OF COMMENCEMENT DATE Landlord: 307 WESTLAKE LLC, a Washington limited liability company Tenant: CHILDREN’S HOSPITAL AND REGIONAL MEDICAL CENTER, a Washington nonprofit corporation This Confirmation of Commencement Date Eighteenth Judicial Circuit (“Confirmation”) is made by Landlord and Tenant pursuant to that certain Lease dated as of , 2002 (the “Lease”) for certain premises located in the 2nd and 3rd floors in the building commonly known as “307 Westlake” (the “Premises”). This Confirmation is made pursuant to Section 3(aDuPage County) of the LeaseState of Illinois, and you and McDonald’s submit to the jurisdiction of those courts and agree to such venue. Further, nothing in this Agreement prohibits you from reporting possible violations of federal, state or local law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the Congress, and any agency Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal, state or local law or regulation. You do not need the prior authorization or approval of the Law Department or anyone else at McDonald’s to make any such reports or disclosures and you are not required to notify the company that you have made such reports or disclosures.

Arbitration of Certain Disputes. The arbitration Parties agree that the Court shall have the authority and continuing jurisdiction to enforce all portions of Mediated Disputes the Settlement Agreement except for the provisions set out in Section IV.D. If Class Counsel believe that GTL has not settled by mediation between substantially complied with any provision of Section IV.D of this Settlement Agreement, as it relates to class-wide non-monetary relief, Class Counsel shall first notify GTL of the parties shall alleged breach and provide GTL 30 days to meet and confer regarding any alleged non-compliance, and an additional 15 days to cure any alleged non-compliance. If the Parties cannot resolve the issue informally, the alleged non-compliance will be decided by arbitration at JAMS in accordance with Xxxxxx County, Georgia pursuant to JAMS Streamlined Arbitration Rules & Procedures. In the then applicable rules of the AAA, unless the parties mutually agree event Xxx Xxxxxxxx is available to other arbitration procedures. Notice of the demand for arbitration shall be filed in writing with the other party to this Lease and with the AAA. The demand shall be made within five (5) days after the mediation is concluded. This agreement to arbitrate shall be specifically enforceable under prevailing state or federal arbitration law. A single arbitrator experienced in commercial building construction, shall arbitrate the dispute, provided that if the parties cannot agree on an arbitrator within ten (10) days following a party’s initial demand for arbitration each party shall select an arbitrator use Xxx Xxxxxxxx as arbitrator, and the two arbitrators so selected shall select a third arbitrator who shall then Parties waive any conflict of interest arising out of Xxx Xxxxxxxx’x potential service as arbitrator. In the event Xxx Xxxxxxxx is not available and X. Xxxxx Xxxxxx is available to arbitrate the dispute. Except as may be otherwise agreed by , then the parties shall use X. Xxxxx Xxxxxx as arbitrator. In the event that neither Xxx Xxxxxxxx nor X. Xxxxx Xxxxxx are available, then the parties shall select the arbitrator pursuant to JAMS rules. Any arbitration pursuant to this LeaseSection XV.B shall be subject to the requirements of the Federal Arbitration Act. Nothing in this Settlement Agreement shall permit the arbitrator to void or reform any of GTL’s contracts. GTL shall bear the expenses of any arbitration brought pursuant to this Section XV.B. If the Arbitrator determines, in his/her sole discretion that the claims brought by Class Counsel in any arbitration brought under this Section XV.B are frivolous, Class Counsel shall bear the expenses of such arbitration. In all events, the arbitration Parties shall be conducted in accordance with the AAA Commercial Arbitration Rules with Expedited Procedures, in effect on the date hereof, as modified by this section. There shall be no dispositive motion practice. As may be shown to be necessary to ensure a fair hearing the arbitrator(s) may authorize limited discovery and may enter pre-hearing orders regarding (without limitation) scheduling, document exchange, witness disclosure and issues to be heard. The arbitrator(s) shall not be bound by the rules of evidence or of civil procedure, but may consider such writings and oral presentations as reasonable business people would use in the conduct of each pay their day-to-day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrator(s) may determine to be appropriate. The parties intend to limit live testimony and cross-examination to the extent necessary to ensure a fair on material issues. The arbitrator(s) shall take such steps as may be necessary to hold a private hearing within ten (10) days following the date the arbitrator has have been selected and to conclude the hearing within two (2) days; and the arbitrator’s written decision shall be made not later than seven (7) calendar days after the hearing. The parties have included these time limits in order to expedite the proceeding, but they are not jurisdictional, and the arbitrator(s) may for good cause allow reasonable extension or delays, which shall not affect the validity of the award. The written decisions shall contain a brief statement of the claim(s) determined and the award made on each claim. In making the decision and award, the arbitrator(s) shall apply applicable substantive law. Absent fraud, collusion or willful misconduct by the arbitrator(s), the award shall be final, and judgment may be entered in any court having jurisdiction thereof. The arbitrator(s) may award injunctive relief or any other remedy available from a judge, including the joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact or which may promote judicial economy, and may award own respective attorneys’ fees and costs to the prevailing in any such arbitration. Nothing herein shall prevent either party but shall not have the power to award punitive or exemplary damages. Venue from seeking relief in aid of any arbitration conducted pursuant to this paragraph shall be in Seattle, Washington. FIXED EQUIPMENT AND MOVEABLE EQUIPMENT Tenant’s Fixed Equipment shall be those portions of Tenant’s Work which are attached to the premises in a permanent fashioncourt of competent jurisdiction. Consistent with Section IV.E and for the avoidance of all doubt, such that removal would require substantial work and repair nothing in this provision shall limit GTL from responding to the Premises. Tenant’s Moveable Equipment shall be equipment that is moveable or detachable from the Premises without substantial work contracting with a governmental or repair. Landlord and Tenant shall use diligent efforts to agree upon the delineation between Fixed Equipment and Moveable Equipment upon Landlord’s receipt and review of Tenant’s Design Development drawings and Final Contract Drawings. EXHIBIT E TO LEASE CONFIRMATION OF COMMENCEMENT DATE Landlord: 307 WESTLAKE LLC, a Washington limited liability company Tenant: CHILDREN’S HOSPITAL AND REGIONAL MEDICAL CENTER, a Washington nonprofit corporation This Confirmation of Commencement Date (“Confirmation”) is made by Landlord and Tenant pursuant to that certain Lease dated as of , 2002 (the “Lease”) for certain premises located other entity in the 2nd and 3rd floors in the building commonly known as “307 Westlake” (the “Premises”). This Confirmation is made pursuant to Section 3(a) of the Leaseordinary course.

Arbitration of Certain Disputes. The arbitration Except as described in the last sentence of Mediated Disputes this section and the section above entitled “Right to Enforce Agreement and Cooperate with the Government, and to the fullest extent allowed by law, you and McDonald’s agree that all Claims relating to or arising under your employment or separation of employment, including but not settled by mediation between limited to Claims of discrimination or unlawful termination and the parties interpretation, application, validity, breach and enforcement of this Agreement, shall be decided resolved solely and exclusively by final, binding and confidential arbitration in accordance with before a single arbitrator pursuant to the then applicable rules of the AAA, unless American Arbitration Association applicable to employment disputes (the parties mutually agree to other arbitration procedures. Notice of the demand for arbitration shall be filed in writing with the other party to this Lease Employment Arbitration Rules) and with the AAA. The demand shall be made within five (5) days after the mediation is concluded. This agreement to arbitrate shall be specifically enforceable under prevailing state or federal arbitration law. A single arbitrator experienced in commercial building construction, shall arbitrate the dispute, provided that if the parties cannot agree on an arbitrator within ten (10) days following a party’s initial demand for arbitration each party shall select an arbitrator and the two arbitrators so selected shall select a third arbitrator who shall then arbitrate the dispute. Except as may be otherwise agreed by the parties to this Lease, the arbitration shall be conducted in accordance with the AAA Commercial Arbitration Rules with Expedited Procedures, in effect on the date hereof, as modified by this section. There shall be no dispositive motion practice. As may be shown to be necessary to ensure a fair hearing the arbitrator(s) may authorize limited discovery and may enter pre-hearing orders regarding (without limitation) scheduling, document exchange, witness disclosure and issues to be heard. The arbitrator(s) such Claims shall not be bound by brought in court. All applicable statutes of limitations shall be preserved and shall be applicable The parties agree that, to the rules of evidence extent any such Claim arises, it must be brought in your individual capacity and not maintained on a class action, collective action, or of civil procedurerepresentative action basis, but may consider such writings and oral presentations as reasonable business people would use in the conduct of their day-to-day affairsthat these same limits apply to McDonald’s, and that the arbitrator is prohibited from presiding over class, collective or representative Claims. Claims may require not be joined or consolidated in arbitration with Claims brought by other individuals, and no damages, penalties or other remedies may be sought or received on behalf of other individuals unless expressly agreed to in writing by all parties. Nothing in this paragraph shall limit the parties arbitrator’s ability to submit some award a party all statutory and common law remedies available under any Claim brought by that party in an individual capacity that has not been waived or all of their case released by written declaration or such other manner of presentation as the arbitrator(s) may determine to be appropriatethis Agreement. The parties intend understand and agree that this paragraph waives their right to limit live testimony a jury trial on these Claims. In any such arbitration, the waivers and cross-examination releases contained in this Agreement shall be fully applicable and enforceable. In the event a waiver of class, collective or representative Claims is found to be unlawful or unenforceable, then the only forum for such an action shall be court, not arbitration. Additionally, to the fullest extent necessary to ensure a fair on material issues. The arbitrator(s) shall take such steps as allowed by law, if any proceeding may be necessary brought by you or McDonald’s in court or any other forum relating to hold a private hearing within ten (10) days following or arising under your employment or separation of employment or the date the arbitrator has have been selected interpretation, application, validity, breach and to conclude the hearing within two (2) days; and the arbitrator’s written decision enforcement of this Agreement, it shall be made brought in an individual capacity and not later than seven (7) calendar days after the hearingmaintained on a class, collective or representative action basis. The parties have included these time limits Nothing herein shall prohibit or interfere with your right to file a charge, cooperate or participate in order to expedite the proceeding, but they are not jurisdictional, and the arbitrator(s) may for good cause allow reasonable extension an investigation or delays, which shall not affect the validity of the award. The written decisions shall contain a brief statement of the claim(s) determined and the award made on each claim. In making the decision and award, the arbitrator(s) shall apply applicable substantive law. Absent fraud, collusion or willful misconduct proceeding conducted by the arbitrator(s)Equal Employment Opportunity Commission, or other federal, state, or local agency, or your right to file a workers’ compensation or unemployment Claim. Notwithstanding the award shall be finalforegoing, and judgment McDonald’s may be entered in its discretion seek injunctive or other equitable relief, pending resolution of arbitration, in any court having of competent jurisdiction thereof. The arbitrator(s) may award injunctive relief or for any other remedy available from a judge, including the joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact or which may promote judicial economy, and may award attorneys’ fees and costs to the prevailing party but shall not have the power to award punitive or exemplary damages. Venue of any arbitration conducted pursuant to this paragraph shall be in Seattle, Washington. FIXED EQUIPMENT AND MOVEABLE EQUIPMENT Tenant’s Fixed Equipment shall be those portions of Tenant’s Work which are attached to the premises in a permanent fashion, such that removal would require substantial work and repair to the Premises. Tenant’s Moveable Equipment shall be equipment that is moveable or detachable from the Premises without substantial work or repair. Landlord and Tenant shall use diligent efforts to agree upon the delineation between Fixed Equipment and Moveable Equipment upon Landlord’s receipt and review of Tenant’s Design Development drawings and Final Contract Drawings. EXHIBIT E TO LEASE CONFIRMATION OF COMMENCEMENT DATE Landlord: 307 WESTLAKE LLC, a Washington limited liability company Tenant: CHILDREN’S HOSPITAL AND REGIONAL MEDICAL CENTER, a Washington nonprofit corporation This Confirmation of Commencement Date (“Confirmation”) is made by Landlord and Tenant pursuant to that certain Lease dated as of , 2002 (the “Lease”) for certain premises located in the 2nd and 3rd floors in the building commonly known as “307 Westlake” (the “Premises”). This Confirmation is made pursuant to Section 3(a) violation of the LeaseNon-Compete; Non-Solicitation of Employees; Non-Interference with Business Relationships; Confidentiality of Employee Names; Non-Disturbance; and Confidential Information or other post-employment obligations provided for in this Agreement.