Common use of Arbitration of Disputes Clause in Contracts

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companies, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio and such parent companies, subsidiaries and/or affiliates), including any controversy or claim arising from, out of or relating to this Agreement, the breach thereof, or the employment or termination thereof of you by Studio which would give rise to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final and binding arbitration in Los Angeles, California, in accordance with the Model Employment Procedures of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, in accordance with the Rules, except as herein specified. In no event shall the demand for arbitration be made after the date when the institution of legal and/or equitable proceedings based upon such Claim would be barred by the applicable statute of limitations. Each party to the arbitration will be entitled to be represented by counsel and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties, additional depositions may be taken at other locations. In addition, upon a party’s showing of need for additional discovery, the arbitrator shall have discretion to order such additional discovery. You acknowledge and agree that you are familiar with and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio or you. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisions.

Appears in 28 contracts

Samples: Stock Appreciation Right Award Agreement (DreamWorks Animation SKG, Inc.), DreamWorks Animation SKG, Inc., DreamWorks Animation SKG, Inc.

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Arbitration of Disputes. (A) Any controversy or claim by you Consultant against Studio Company or any of its parent companies, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio Company and such parent companies, subsidiaries and/or affiliates), including any controversy or claim arising from, out of or relating to this Agreement, the breach thereof, or the employment or termination thereof of you Consultant by Studio Company which would give rise to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you Consultant by Studio Company (individually and/or collectively, “Claim(s)Claim[s]”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles CountySan Diego, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final and binding arbitration in Los AngelesSan Diego, California, in accordance with the Model Employment Procedures provisions of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, in accordance with the Rules, except as herein specified. In no event shall the demand for arbitration be made after the date when the institution of legal and/or equitable proceedings based upon such Claim would be barred by the applicable statute of limitations. Each party to the arbitration will be entitled to be represented by counsel and will have the opportunity to take depositions in Los AngelesSan Diego, California California, of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties, additional depositions may be taken at other locations. In addition, upon a party’s 's showing of need for additional discovery, the arbitrator shall have discretion to order such additional discovery. You acknowledge Consultant acknowledges and agree agrees that you are Consultant is familiar with and fully understand understands the need for preserving the confidentiality of Studio’s Company's agreements with third parties and compensation of Studio’s Company's employees. Accordingly, you Consultant hereby agree agrees that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your Consultant’s agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you Consultant and/or your Consultant’s representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio Company or youConsultant. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio Company of the arbitrator’s 's decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by StudioCompany. Except as set forth belowherein, should you Consultant or Studio Company pursue any Claim covered by this Paragraph 24 Section by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys' fees incurred as a result of such action. The provisions contained in this Paragraph 24 Section shall survive the termination of your employment with Studiothe consulting services to Company. Notwithstanding anything set forth above, you agree Consultant agrees that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studiothe Company, and therefore, in addition to the procedures set forth above, Studio Company may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisions.

Appears in 12 contracts

Samples: Consulting Agreement (Pub Crawl Holdings, Inc.), Consulting Agreement (National Intelligence Association Inc), Consulting Agreement (Norman Cay Development, Inc.)

Arbitration of Disputes. Any controversy or claim by you against Studio or any Except as otherwise provided in Section 8(i) above and the last sentence of its parent companiesthis Section 9 with respect to equitable proceedings and remedies, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio and such parent companies, subsidiaries and/or affiliates), including any controversy or claim arising from, out of or relating to this Agreement, the performance or non-performance (actual or alleged) by either party of any of such party's respective obligations hereunder or any actual or alleged breach thereof, or otherwise arising out of the Executive’s employment or the termination thereof of you that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by Studio which would give rise to a claim law, be resolved exclusively by binding arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under federalthe auspices of the American Arbitration Association (“AAA”) in Orange County, state or local law (California in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, claims based in tort the rules and procedures applicable to the selection of arbitrators. In the event that any Person other than Executive or contractEmployer may be a party with regard to any such controversy or claim, claims for discrimination under state such controversy or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly arbitration subject to such other Person’s agreement thereto. Judgment upon the award rendered by the partiesarbitrator in any such arbitration proceeding may be entered in any court having jurisdiction thereof. Both parties This Section 9 shall attend a mediation conference be specifically enforceable. The reasonable fees and disbursements of the prevailing party's legal counsel, accountants and experts incurred in Los Angeles County, California and attempt to resolve connection with any and all Claimssuch arbitration proceeding shall be paid by the non-prevailing party in such arbitration proceeding. If the parties are not able to resolve all Claims, then upon written demand for arbitration Notwithstanding anything to the other partycontrary that may be contained in this Section 9, which demand each party shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final and binding arbitration in Los Angeles, California, in accordance with the Model Employment Procedures of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, in accordance with the Rules, except as herein specified. In no event shall the demand for arbitration be made after the date when the institution of legal and/or equitable proceedings based upon such Claim would be barred by the applicable statute of limitations. Each party to the arbitration will be entitled to be represented by counsel and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties, additional depositions may be taken at other locations. In addition, upon a party’s showing of need for additional discovery, the arbitrator shall have discretion to order such additional discovery. You acknowledge and agree that you are familiar with and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of bring an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced action in any court of competent jurisdiction by either Studio for the purpose of obtaining a temporary restraining order or you. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable remedies in circumstances in which such relief to prevent a breach or contemplated breach of such provisionsis appropriate.

Appears in 9 contracts

Samples: Employment Agreement (New Western Energy Corp), Employment Agreement (First Foundation Inc.), Employment Agreement (First Foundation Inc.)

Arbitration of Disputes. Any controversy or claim by you against Studio or any Except as otherwise provided in Section 8(i) above and the last sentence of its parent companiesthis Section 9 with respect to equitable proceedings and remedies, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio and such parent companies, subsidiaries and/or affiliates), including any controversy or claim arising from, out of or relating to this Agreement, the performance or non-performance (actual or alleged) by either party of any of such party’s respective obligations hereunder or any actual or alleged breach thereof, or otherwise arising out of the Executive’s employment or the termination thereof of you that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by Studio which would give rise to a claim law, be resolved exclusively by binding arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under federalthe auspices of the American Arbitration Association (“AAA”) in Orange County, state or local law (California in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, claims based in tort the rules and procedures applicable to the selection of arbitrators. In the event that any Person other than Executive or contractEmployer may be a party with regard to any such controversy or claim, claims for discrimination under state such controversy or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly arbitration subject to such other Person’s agreement thereto. Judgment upon the award rendered by the partiesarbitrator in any such arbitration proceeding may be entered in any court having jurisdiction thereof. Both parties This Section 9 shall attend a mediation conference be specifically enforceable. The reasonable fees and disbursements of the prevailing party’s legal counsel, accountants and experts incurred in Los Angeles County, California and attempt to resolve connection with any and all Claimssuch arbitration proceeding shall be paid by the non-prevailing party in such arbitration proceeding. If the parties are not able to resolve all Claims, then upon written demand for arbitration Notwithstanding anything to the other partycontrary that may be contained in this Section 9, which demand each party shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final and binding arbitration in Los Angeles, California, in accordance with the Model Employment Procedures of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, in accordance with the Rules, except as herein specified. In no event shall the demand for arbitration be made after the date when the institution of legal and/or equitable proceedings based upon such Claim would be barred by the applicable statute of limitations. Each party to the arbitration will be entitled to be represented by counsel and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties, additional depositions may be taken at other locations. In addition, upon a party’s showing of need for additional discovery, the arbitrator shall have discretion to order such additional discovery. You acknowledge and agree that you are familiar with and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of bring an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced action in any court of competent jurisdiction by either Studio for the purpose of obtaining a temporary restraining order or you. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable remedies in circumstances in which such relief to prevent a breach or contemplated breach of such provisionsis appropriate.

Appears in 4 contracts

Samples: Employment Agreement (First Foundation Inc.), Employment Agreement (First Foundation Inc.), Employment Agreement (First Foundation Inc.)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companies, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio and such parent companies, subsidiaries and/or affiliates), including any controversy or claim arising from, out of or relating to this Agreement, the breach thereof, or the employment or termination thereof of you by Studio which would give rise to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)Claim[s]”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final and binding arbitration in Los Angeles, California, in accordance with the Model Employment Procedures of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, in accordance with the Rules, except as herein specified. In no event shall the demand for arbitration be made after the date when the institution of legal and/or equitable proceedings based upon such Claim would be barred by the applicable statute of limitations. Each party to the arbitration will be entitled to be represented by counsel and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties, additional depositions may be taken at other locations. In addition, upon a party’s showing of need for additional discovery, the arbitrator shall have discretion to order such additional discovery. You acknowledge and agree that you are familiar with and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio or you. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisions.

Appears in 4 contracts

Samples: DreamWorks Animation SKG, Inc., DreamWorks Animation SKG, Inc., DreamWorks Animation SKG, Inc.

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Employer in its sole and absolute discretion, shall be resolved by binding arbitration in Los Angelesbefore a representative member, Californiaselected by the mutual agreement of the parties, in accordance with of the Model Employment Procedures Judicial Arbitration and Mediation Services, Inc. ("JAMS"), presently located at 000 Xxxx Xxxxxx, Xxxxx 000, xx Xxx Xxxxxxxxx, Xxxxxxxxxx. In the event JAMS is unable or unwilling to conduct the arbitration provided for under the terms of this Paragraph, or has discontinued its business, the parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively"AAA"), “Rules”) by a neutral arbitrator experienced presently located at 000 Xxxxxxxxxx Xxxxxx, in employment lawSan Francisco, licensed to practice law in California, shall conduct the binding arbitration referred to in accordance this Paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in Red Bluff, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 4 contracts

Samples: Continuation Agreement (Tehama Bancorp), Continuation Agreement (Tehama Bancorp), Salary Continuation Agreement (Tehama Bancorp)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Employer in its sole and absolute discretion or those matters subject to the provisions of Article 8 hereof, shall be resolved by binding arbitration in Los Angelesbefore a representative member, Californiaselected by the mutual agreement of the parties, in accordance with of the Model Employment Procedures Judicial Arbitration and Mediation Services, Inc. ("JAMS"), presently located at 000 Xxxx Xxxxxx, Xxxxx 000, xx Xxx Xxxxxxxxx, Xxxxxxxxxx. In the event JAMS is unable or unwilling to conduct the arbitration provided for under the terms of this Paragraph, or has discontinued its business, the parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively"AAA"), “Rules”) by a neutral arbitrator experienced presently located in employment lawSan Francisco, licensed to practice law in California, shall conduct the binding arbitration referred to in accordance this Paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in San Francisco, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 4 contracts

Samples: Executive Salary Continuation Agreement (Mid Peninsula Bancorp), Continuation Agreement (Mid Peninsula Bancorp), Continuation Agreement (Mid Peninsula Bancorp)

Arbitration of Disputes. Any Except as otherwise provided herein, any dispute or controversy arising from or claim relating to this Agreement, or from any other aspect of Executive's employment or the termination thereof, including but not limited to alleged violations of federal, state, and/or local statutes (for example, claims for discrimination including but not limited to discrimination based on race, sex, sexual orientation, religion, national origin, age, marital status, medical condition as defined under California law, handicap, or disability, and claims relating to leaves of absence mandated by you against Studio state or federal law), breach of any contract or covenant (express or implied), tort claims, violation of public policy, or any other alleged violation of its parent companiesExecutive's statutory, subsidiariescontractual, affiliates or common law rights (and/or and including claims against Company's officers, directors, employees, representatives or agents of Studio and such parent companies, subsidiaries and/or affiliatesagents), including any controversy which Executive and Company or claim arising fromother party are unable to resolve through direct discussion, out regardless of the kind or relating to this Agreement, the breach thereof, or the employment or termination thereof type of you by Studio which would give rise to a claim under federal, state or local law dispute (including, but not limited to, claims based in tort or contract, excluding claims for workers' compensation or unemployment insurance, administrative charges of employment discrimination under state or federal lawretaliation, and/or and any solely monetary dispute within the jurisdiction of small claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”court) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined decided by final and binding arbitration in the County of Los Angeles, California, State of California in accordance with the Model Employment Procedures of the American Arbitration Association Association's (collectively, “"AAA") National Rules for the Resolution of Employment Disputes (the "Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, in accordance with "). Executive and Company each have the Rules, except as herein specified. In no event shall the demand for arbitration be made after the date when the institution of legal and/or equitable proceedings based upon such Claim would be barred by the applicable statute of limitations. Each party to the arbitration will be entitled right to be represented by counsel and will have the opportunity with respect to take depositions in Los Angeles, California arbitration of any opposing party or witnesses dispute pursuant to this paragraph. The arbitrator shall be selected by agreement between Executive and Company, but if they do not agree on the selection of an arbitrator within 30 days after the date of the request for arbitration, the arbitrator shall be selected pursuant to the Rules. At the request of either Company or Executive, arbitration proceedings shall be conducted in the utmost secrecy, and, in such party and/or request production of documents case, all documents, testimony and records shall be received, heard, and maintained by the opposing party before arbitrator in secrecy, available for inspection only by Company and Executive and their respective attorneys and experts who shall agree, in advance and in writing, to receive all such information confidentially and to maintain the arbitration hearingsecrecy of such information until such information shall become generally known. By mutual agreement The arbitrator shall have authority to award equitable relief, damages, costs, and fees to the greatest extent permitted by law, including but not limited to any remedy or relief that a court may order. The fees of the parties, additional depositions may arbitrator shall be taken at other locationssplit equally between the Parties. In addition, upon Except for a party’s showing breach or threatened breach of need for additional discoverySection 6 of this Agreement, the arbitrator shall have discretion exclusive authority to order such additional discovery. You acknowledge resolve all claims between the Parties, including but not limited to whether any particular claim is arbitrable and agree that you are familiar with and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence whether all or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio or you. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach part of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary is void or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsunenforceable.

Appears in 3 contracts

Samples: Employment Agreement (Compass Aerospace Corp), Employment Agreement (Wichita Manufacturing Inc), Employment Agreement (Wichita Manufacturing Inc)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Employer in its sole and absolute discretion, shall be resolved by binding arbitration before a representative member, selected by the mutual agreement of the parties, of the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), presently located at 111 pine Street, suite 710, in Los AngelesSan Francisco, California. In the evenx XXXX xx xxxxxx xx xxxxxxxxx xx xxxxxxx xxx xxxxxxxxxxx provided for under the terms of this Paragraph, in accordance with or has discontinued its business, the Model Employment Procedures parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively"AAA"), “Rules”) by a neutral arbitrator experienced presently located at 417 Montgomery Street, in employment lawSan Francisco, licensed to practice law in California, shall conduct thx xxxxxxx xxxxxxxxxxx xxxxxxxx to in accordance this Paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in Quincy, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 3 contracts

Samples: Executive Salary Continuation Agreement (Plumas Bancorp), Executive Salary Continuation Agreement (Plumas Bancorp), Executive Salary Continuation Agreement (Plumas Bancorp)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Employer in its sole and absolute discretion, shall be resolved by binding arbitration before a representative member, selected by the mutual agreement of the parties, of the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), presently located at Two Embarcadero Center, Suite 1100, in Los AngelesSan Francisco, California. In the event JAMS is unable or unwilling to conduct the arbitration provided for under the terms of this Paragraph, in accordance with or has discontinued its business, the Model Employment Procedures parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively"AAA"), “Rules”) by a neutral arbitrator experienced presently located at 000 Xxxxxxxxxx Xxxxxx, in employment lawSan Francisco, licensed to practice law in California, shall conduct the binding arbitration referred to in accordance this Paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in Fresno, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 3 contracts

Samples: Continuation Agreement (Regency Bancorp), Continuation Agreement (Regency Bancorp), Continuation Agreement (Regency Bancorp)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companies, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio and such parent companies, subsidiaries and/or affiliates), including any controversy or claim arising from, out of or relating to this Agreement, the breach thereof, or the employment or termination thereof of you by Studio which would give rise to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final and binding arbitration in Los Angeles, California, in accordance with the Model Employment Procedures of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, in accordance with the Rules, except as herein specified. In no event shall the demand for arbitration be made after the date when the institution of legal and/or equitable proceedings based upon such Claim would be barred by the applicable statute of limitations. Each party to the arbitration will be entitled to be represented by counsel and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties, additional depositions may be taken at other locations. In addition, upon a party’s 's showing of need for additional discovery, the arbitrator shall have discretion to order such additional discovery. You acknowledge and agree that you are familiar with and fully understand the need for preserving the confidentiality of Studio’s 's agreements with third parties and compensation of Studio’s 's employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio or you. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s 's decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys' fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisions.

Appears in 2 contracts

Samples: DreamWorks Animation SKG, Inc., DreamWorks Animation SKG, Inc.

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Bank in its sole and absolute discretion, shall be resolved by binding arbitration in Los Angelesbefore a representative member, Californiaselected by the mutual agreement of the parties, in accordance with of the Model Employment Procedures Judicial Arbitration and Mediation Services, Inc. ("JAMS"), presently located at 000 Xxxx Xxxxxx, Xxxxx 000 xx Xxx Xxxxxxxxx, Xxxxxxxxxx. In the event JAMS is unable or unwilling to conduct the arbitration provided for under the terms of this paragraph, or has discontinued its business, the parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively"AAA"), “Rules”) by a neutral arbitrator experienced presently located at 000 Xxxxxxxxxx Xxxxxx, in employment lawSan Francisco, licensed to practice law in California, shall conduct the binding arbitration referred to in accordance this paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court courts having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in Bakersfield, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 2 contracts

Samples: Change in Control Agreement (San Joaquin Bancorp), Change in Control Agreement (San Joaquin Bancorp)

Arbitration of Disputes. Any controversy The Company and Executive agree that any and all disputes based upon, relating to or claim by you against Studio arising out of this Agreement, Executive’s employment relationship with the Company or any of its parent companiessubsidiaries or affiliates and/or the termination of that relationship, subsidiaries, affiliates (and/or officers, directors, employees, representatives any other dispute by and between Executive and the Company or agents any of Studio and such parent companies, its subsidiaries and/or or affiliates), including any controversy or claim arising from, out of or relating and all claims that Executive may at any time attempt to this Agreement, assert against the breach thereof, or the employment or termination thereof of you by Studio which would give rise to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), Company or any claim against you by Studio (individually and/or collectivelyof its subsidiaries or affiliates, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference binding arbitration in Los Angeles County, California, pursuant to the American Arbitration Association’s (“AAA”) Employment Arbitration Rules and Mediation Procedures, including the Optional Rules for Emergency Measures of Protection (the “Rules”), provided that the arbitrator shall allow for discovery sufficient to adequately arbitrate any asserted claims, including access to essential documents and witnesses, and otherwise in accordance with California Code of Civil Procedure § 1283.05, and attempt provided further that the Rules shall be modified by the arbitrator to resolve any and all Claimsthe extent necessary to be consistent with applicable law. If The arbitrator shall be a retired judge of the California Superior Court, California Court of Appeal, or United States District Court, to be mutually agreed upon by the parties. If, however, the parties are not able unable to resolve all Claimsagree upon an arbitrator, then upon written demand for arbitration to an arbitrator who is a retired judge of the other partyCalifornia Superior Court, which demand California Court of Appeal, or United States District Court, shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined selected by final and binding arbitration in Los Angeles, California, in accordance with the Model Employment Procedures of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, AAA in accordance with the Rules. The Company and Executive further agree that each party shall pay its own costs and attorneys’ fees, except as herein specifiedif any; provided, however, that if either party prevails on a claim which affords the prevailing party an award of attorneys’ fees, then the arbitrator may award reasonable attorneys’ fees to the prevailing party, consistent with applicable law. In no event any event, the Company shall pay any expenses that Executive would not otherwise have incurred if the demand for arbitration be made after dispute had been adjudicated in a court of law, rather than through arbitration, including the date when arbitrator’s fee, any administrative fee and any filing fee in excess of the institution of legal and/or equitable proceedings based upon such Claim would be barred by maximum court filing fee in the applicable statute of limitations. Each party to jurisdiction in which the arbitration will be entitled to be represented by counsel is commenced. The Company and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties, additional depositions may be taken at other locations. In addition, upon a party’s showing of need for additional discovery, the arbitrator shall have discretion to order such additional discovery. You acknowledge and Executive further agree that you are familiar with any hearing must be transcribed by a certified shorthand reporter, and fully understand that the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the and award supported by essential findings of fact and conclusions of law in order to facilitate judicial review. Said award and the findings and/or conclusions upon which such award is based. The decision shall be issued within thirty (30) days of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio or you. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment completion of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decisionarbitration. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit Judgment in a court of competent jurisdiction may be had on said decision and award of the arbitrator. For these purposes, the parties agree to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief submit to prevent a breach or contemplated breach the jurisdiction of such provisionsthe state and federal courts located in Los Angeles County, California.

Appears in 2 contracts

Samples: Employment Agreement (American Apparel, Inc), Employment Agreement (Endeavor Acquisition Corp.)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Employer in its sole and absolute discretion or those matters subject to the provisions of Article 9 hereof, shall be resolved by binding arbitration in Los Angelesbefore a representative member, Californiaselected by the mutual agreement of the parties, in accordance with of the Model Employment Procedures Judicial Arbitration and Mediation Services, Inc. ("JAMS"), presently located at 000 Xxxx Xxxxxx, Xxxxx 000, xx Xxx Xxxxxxxxx, Xxxxxxxxxx. In the event JAMS is unable or unwilling to conduct the arbitration provided for under the terms of this Paragraph, or has discontinued its business, the parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively"AAA"), “Rules”) by a neutral arbitrator experienced presently located in employment lawSan Francisco, licensed to practice law in California, shall conduct the binding arbitration referred to in accordance this Paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in San Francisco, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 2 contracts

Samples: Continuation Agreement (Mid Peninsula Bancorp), Executive Salary Continuation Agreement (Mid Peninsula Bancorp)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companies, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio and such parent companies, subsidiaries and/or affiliates), including any controversy or claim arising from, out of or relating to this Agreement, the breach thereof, or the employment or termination thereof of you by Studio which would give rise to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”"Claim[s]") shall be submitted to an impartial mediator ("Mediator") selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final and binding arbitration in Los Angeles, California, in accordance with the Model Employment Procedures of the American Arbitration Association (collectively, "Rules") by a neutral arbitrator experienced in employment law, licensed to practice law in California, in accordance with the Rules, except as herein specified. In no event shall the demand for arbitration be made after the date when the institution of legal and/or equitable proceedings based upon such Claim would be barred by the applicable statute of limitations. Each party to the arbitration will be entitled to be represented by counsel and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties, additional depositions may be taken at other locations. In addition, upon a party’s 's showing of need for additional discovery, the arbitrator shall have discretion to order such additional discovery. You acknowledge and agree that you are familiar with and fully understand the need for preserving the confidentiality of Studio’s 's agreements with third parties and compensation of Studio’s 's employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio or you. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s 's decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys' fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisions.

Appears in 2 contracts

Samples: Dreamworks Animation (DreamWorks Animation SKG, Inc.), Dreamworks Animation (DreamWorks Animation SKG, Inc.)

Arbitration of Disputes. Any controversy or claim Except as is necessary for Employee and the Company to preserve their respective rights under this Agreement by you against Studio or any of its parent companies, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio and such parent companies, subsidiaries and/or affiliates), including any controversy or claim arising from, out of or relating to this Agreement, the breach thereof, or the employment or termination thereof of you by Studio which would give rise to a claim under federal, state or local law seeking necessary equitable relief (including, but not limited to, claims the Company’s rights under Section 10 of this Agreement) from a court of competent jurisdiction, the Company and Employee agree that any and all disputes based in tort upon, relating to or contractarising out of this Agreement, claims for discrimination under state or federal lawEmployee’s employment relationship with the Company and/or the termination of that relationship, and/or any other dispute by and between the Company and Employee, including any and all claims for violation of Employee may at any federaltime attempt to assert against the Company, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator binding arbitration in California, pursuant to the American Arbitration Association’s (“MediatorAAA”) selected jointly National Rules for the Resolution of Employment Disputes (the “Rules”), provided that the arbitrator shall allow for discovery sufficient to adequately arbitrate any statutory claims, including access to essential documents and witnesses, and otherwise in accordance with California Code of Civil Procedure § 1283.05, and provided further that the Rules shall be modified by the arbitrator to the extent necessary to be consistent with applicable law. The arbitrator shall be a retired judge of the California Superior Court, California Court of Appeal, or United States District Court, to be mutually agreed upon by the parties. Both parties shall attend a mediation conference in Los Angeles CountyIf, California and attempt to resolve any and all Claims. If however, the parties are not able unable to resolve all Claimsagree upon an arbitrator, then upon written demand for arbitration to an arbitrator who is a retired judge of the other partyCalifornia Superior Court, which demand California Court of Appeal, or United States District Court, shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined selected by final and binding arbitration in Los Angeles, California, in accordance with the Model Employment Procedures of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, AAA in accordance with the Rules. The Company and Employee further agree that each party shall pay its own costs and attorneys’ fees, except as herein specifiedif any; provided, however, that if either party prevails on a statutory claim which affords the prevailing party an award of attorneys’ fees, then the arbitrator may award reasonable attorneys’ fees to the prevailing party, consistent with applicable law. In no event any event, the Company shall pay any expenses that Employee would not otherwise have incurred if the demand for arbitration be made after dispute had been adjudicated in a court of law, rather than through arbitration, including the date when arbitrator’s fee, any administrative fee and any filing fee in excess of the institution of legal and/or equitable proceedings based upon such Claim would be barred by maximum court filing fee in the applicable statute of limitations. Each party to jurisdiction in which the arbitration will be entitled to be represented by counsel is commenced. The Company and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties, additional depositions may be taken at other locations. In addition, upon a party’s showing of need for additional discovery, the arbitrator shall have discretion to order such additional discovery. You acknowledge and Employee further agree that you are familiar with any hearing must be transcribed by a certified shorthand reporter, and fully understand that the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the and award supported by essential findings of fact and conclusions of law in order to facilitate judicial review. Said award and the findings and/or conclusions upon which such award is based. The decision shall be issued within thirty (30) days of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio or you. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment completion of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decisionarbitration. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit Judgment in a court of competent jurisdiction may be had on said decision and award of the arbitrator. For these purposes, the parties agree to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief submit to prevent a breach or contemplated breach the jurisdiction of such provisionsthe state and federal courts located in Los Angeles, California.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Gateway Inc), Employment Agreement (Gateway Inc)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Employer in its sole and absolute discretion, shall be resolved by binding arbitration before a representative member, selected by the mutual agreement of the parties, of the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), presently located at 000 Xxxxx Xxxxx Xxxxxxx Xxxxxxxxx, in Los AngelesOrange, California. In the event JAMS is unable or unwilling to conduct the arbitration provided for under the terms of this Paragraph, in accordance with or has discontinued its business, the Model Employment Procedures parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively"AAA"), “Rules”) by a neutral arbitrator experienced presently located at 0000 Xxxx Xxxxxx, in employment lawIrvine, licensed to practice law in California, shall conduct the binding arbitration referred to in accordance this Paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in Hemet, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 1 contract

Samples: Executive Salary Continuation Agreement (Pacific Community Banking Group)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Employer in its sole and absolute discretion, shall be resolved by binding arbitration in Los Angelesbefore a representative member, Californiaselected by the mutual agreement of the parties, in accordance with of the Model Employment Procedures Judicial Arbitration and Mediation Services, Inc. ("JAMS"), presently located at 000 Xxxx Xxxxxx, Xxxxx 000, xx Xxx Xxxxxxxxx, Xxxxxxxxxx. In the event JAMS is unable or unwilling to conduct the arbitration provided for under the terms of this Paragraph, or has discontinued its business, the parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively"AAA"), “Rules”) by a neutral arbitrator experienced presently located at 000 Xxxxxxxxxx Xxxxxx, in employment lawSan Francisco, licensed to practice law in California, shall conduct the binding arbitration referred to in accordance this Paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in Quincy, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 1 contract

Samples: Executive Salary Continuation Agreement (Plumas Bancorp)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this AgreementAgreement or the breach or interpretation thereof, other than those matters which are to be determined by the Employer in its sole and absolute discretion, shall be resolved by. binding arbitration before a representative member, selected by the mutual agreement of the parties, of the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), presently located at I I I Pine Suite, Suite 710, in San Francisco, California. In the event JAMS is unable or unwilling to conduct the arbitration provided for under THE terms of this Paragraph, or has discontinued its business, the breach thereofparties agree that a. representative member, or selected by the employment or termination thereof mutual agreement of you by Studio which would give rise to a claim under federalthe parties, state or local law of the American. Arbitration Association (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation"AAA"), or any claim against you by Studio (individually and/or collectivelypresently located at 000 Xxxxxxxxxx Xxxxxx, “Claim(s)”) in San Francisco, California, shall be submitted conduct the binding Arbitration referred to an impartial mediator (“Mediator”) selected jointly by in this Paragraph. Notice of the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to shall be filed in writing with the other partyparty to this Agreement and with JAMS (or AAA, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final and binding arbitration in Los Angeles, California, in accordance with the Model Employment Procedures of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, in accordance with the Rules, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are NONE, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in San Francisco, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 1 contract

Samples: Heritage Oaks Bancorp

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companies, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio and such parent companies, subsidiaries and/or affiliates), including any controversy or claim arising from, out of or relating to this Agreement, the breach thereof, or the employment or termination thereof of you by Studio which would give rise to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)Claim[s]”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final and binding arbitration in Los Angeles, California, in accordance with the Model Employment Procedures of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, in accordance with the Rules, except as herein specified. In no event shall the demand for arbitration be made after the date when the institution of legal and/or equitable proceedings based upon such Claim would be barred by the applicable statute of limitations. Each party to the arbitration will be entitled to be represented by counsel and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties, additional depositions may be taken at other locations. In addition, upon a party’s showing of need for additional discovery, the arbitrator shall have discretion to order such additional discovery. Further, the arbitrator shall have the authority to decide any dispute regarding discovery that arises in connection with any Claim. You acknowledge and agree that you are familiar with and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. In the event the parties fail to agree on the form of a confidentiality agreement, the arbitrator shall have the authority to determine the form of such agreement (provided same is consistent with the terms of this Agreement). Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio or you. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and Paragraph 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order temporary restraining order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisions.

Appears in 1 contract

Samples: DreamWorks Animation SKG, Inc.

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Employer in its sole and absolute discretion, shall be resolved by binding arbitration in Los Angelesbefore a representative member, Californiaselected by the mutual agreement of the parties, in accordance with of the Model Employment Procedures Judicial Arbitration and Mediation Services, Inc. (“JAMS”), presently located at 000 Xxxx Xxxxx, Xxxxx 000, xx Xxx Xxxxxxxxx, Xxxxxxxxxx. In the event JAMS is unable or unwilling to conduct the arbitration provided for under the terms of this Paragraph, or has discontinued its business, the parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively“AAA”), “Rules”) by a neutral arbitrator experienced presently located at 000 Xxxxxxxxxx Xxxxxx, in employment lawSan Francisco, licensed to practice law in California, shall conduct the binding Arbitration referred to in accordance this Paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in San Francisco, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 1 contract

Samples: Executive Salary Continuation Agreement (Heritage Oaks Bancorp)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Bank in its sole and absolute discretion, shall be resolved by binding arbitration before a representative member, selected by the mutual agreement of the parties, of the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), presently located at 111 Pine Street, Suite 710 in Los AngelesSan Francisco, California. In the event JAMS xx xxxxxx xx xxxxxxxxx xx xxxxxxx xxx xxxxxxxxxxx xxovided for under the terms of this paragraph, in accordance with or has discontinued its business, the Model Employment Procedures parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively"AAA"), “Rules”) by a neutral arbitrator experienced presently located at 417 Montgomery Street, in employment lawSan Francisco, licensed to practice law in California, shall conduct the bixxxxx xxxxxxxxxxx xxxxxxxx to in accordance this paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court courts having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in Bakersfield, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 1 contract

Samples: Change in Control Agreement (San Joaquin Bancorp)

Arbitration of Disputes. Any Other than for an action seeking equitable relief, any dispute, claim or controversy or claim by you against Studio or any of its parent companies, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio and such parent companies, subsidiaries and/or affiliates), including any controversy or claim arising from, out of or relating to this AgreementAgreement or the breach, termination, enforcement, interpretation or validity thereof, including (without limitation) the determination of the scope or applicability of this Agreement to arbitrate, or any other dispute, claim or controversy arising out of any interaction between the Company or the Manager (or any of their respective Affiliates), and/or any Member, shall be brought within one year of its accrual and be determined by confidential and binding arbitration in San Francisco County, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its comprehensive arbitration rules and procedures (if the amount in controversy exceeds $250,000) or its streamlined arbitration rules and procedures (if the amount in controversy is less than or equal to $250,000) or, if applicable, pursuant to FINRA’s rules as then in effect. If the arbitration is a class arbitration, the breach aggregate amount, of the purported claims of all putative class members shall be used to determine which rules apply. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The prevailing party in any dispute, claim or controversy shall be entitled to recover its costs of arbitration and reasonable attorneys’ fees thereof. Each party hereby consents to exclusive personal jurisdiction and venue (and waives any objection to venue, or the employment or termination thereof of you by Studio which would give rise to a claim under federal, state or local law (including, but not limited to, claims based inconvenient forum) for any dispute, claim or controversy described above in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles San Francisco County, California and attempt to resolve any and all ClaimsCalifornia. If the parties are not able to resolve all ClaimsEACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final and binding arbitration in Los Angeles, California, in accordance with the Model Employment Procedures of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, in accordance with the Rules, except as herein specifiedPROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS OR ANY TRANSACTION CONTEMPLATED IN CONNECTION THEREWITH. In no event shall the demand for arbitration be made after the date when the institution of legal and/or equitable proceedings based upon such Claim would be barred by the applicable statute of limitations. Each party to the arbitration will be entitled to be represented by counsel and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties, additional depositions may be taken at other locations. In addition, upon a party’s showing of need for additional discovery, the arbitrator shall have discretion to order such additional discovery. You acknowledge and agree that you are familiar with and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio or you. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsTHE PARTIES EACH ACKNOWLEDGE THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY.

Appears in 1 contract

Samples: Limited Liability Company Agreement

Arbitration of Disputes. Any controversy or claim by you Consultant against Studio or any of its parent companies, subsidiaries, subsidiaries or affiliates (and/or officers, directors, employees, representatives or agents of Studio and such parent companies, subsidiaries and/or affiliates), including any controversy or claim arising from, out of or relating to this Agreement, or the breach thereof, or the employment or termination thereof of you by Studio which would give rise to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you Consultant by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final and binding arbitration in Los Angeles, California, in accordance with the Model Employment Procedures of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, in accordance with the Rules, except as herein specified. In no event shall the demand for arbitration be made after the date when the institution of legal and/or equitable proceedings based upon such Claim would be barred by the applicable statute of limitations. Each party to the arbitration will be entitled to be represented by counsel and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties, additional depositions may be taken at other locations. In addition, upon a party’s showing of need for additional discovery, the arbitrator shall have discretion to order such additional discovery. You acknowledge Consultant acknowledges and agree agrees that you are it is familiar with and fully understand understands the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you Consultant hereby agree agrees that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your its agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you Consultant and/or your its representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio or youConsultant. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, witnesses and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you Consultant or Studio pursue any Claim covered by this Paragraph 24 17 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, expenses and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 17 shall survive the termination of your employment with Studiothis Agreement. Notwithstanding anything set forth above, you agree Consultant agrees that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 2 and 87, above) may result in irreparable injury to the Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order temporary restraining order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated threatened breach of such provisions.

Appears in 1 contract

Samples: DreamWorks Animation SKG, Inc.

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Employer in its sole and absolute discretion, shall be resolved by binding arbitration in Los Angelesbefore a representative member, Californiaselected by the mutual agreement of the parties, in accordance with of the Model Employment Procedures Judicial Arbitration and Mediation Services, Inc. (“JAMS”), presently located at 000 Xxxx Xxxxxx, Xxxxx 000, Xxx Xxxxxxxxx, Xxxxxxxxxx. In the event JAMS is unable or unwilling to conduct the arbitration provided for under the terms of this paragraph, or has discontinued its business, the parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively“AAA”), “Rules”) by a neutral arbitrator experienced in employment lawpresently located at 000 Xxxxxxxxxx Xxxxxx, licensed to practice law in San Francisco, California, shall conduct the binding arbitration referred to in accordance this paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in Quincy, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 1 contract

Samples: Continuation Agreement (Plumas Bancorp)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Employer in its sole and absolute discretion, shall be resolved by binding arbitration in Los Angelesbefore a representative member, Californiaselected by the mutual agreement of the parties, in accordance with of the Model Employment Procedures Judicial Arbitration and Mediation Services, Inc. ("JAMS"), presently located at Xxx Xxxxxxxxxxx Xxxxxx, Xxxxx 0000, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000. In the event JAMS is unable or unwilling to conduct the arbitration provided for under the terms of this Paragraph, or has discontinued its business, the parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively"AAA"), “Rules”) by a neutral arbitrator experienced presently located at 000 Xxxx Xxxxxx, San Francisco, California 94104, shall conduct the binding arbitration referred to in employment law, licensed to practice law this Paragraph. Notice of the demand for arbitration shall be filed in California, in accordance writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in Red Bluff, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 1 contract

Samples: Executive Salary Continuation Agreement (Tehama Bancorp)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Employer in its sole and absolute discretion or those matters subject to the provisions of Article 9 hereof, shall be resolved by binding arbitration before a representative member, selected by the mutual agreement of the parties, of the Judicial Arbitration and Mediation Services, Inc. ("JAMS',), presently located at II I Pine Street, Suite 710, in Los AngelesSan Francisco, California. In the event JAMS is unable or unwilling to conduct the arbitration provided for under the terms of this Paragraph, in accordance with or has discontinued its business, the Model Employment Procedures parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively"AAA"), “Rules”) by a neutral arbitrator experienced presently located in employment lawSan Francisco, licensed to practice law in California, shall conduct the binding arbitration referred to in accordance this Paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in San Francisco, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 1 contract

Samples: Continuation Agreement (Mid Peninsula Bancorp)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companies, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio dispute between Provider and such parent companies, subsidiaries and/or affiliates), including any controversy or claim arising from, out of or relating to this Agreement, the breach thereof, or the employment or termination thereof of you by Studio which would give rise to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) Health Plan shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined settled by final and binding arbitration in San Francisco, Los Angeles, San Diego or Sacramento, California, whichever city is closest to Provider, including any dispute arising out of or related to (a) a Claims Determination (as defined in accordance with Section 8.1 of this Agreement) or a Claims Overpayment or Final Claims Overpayment Determination (as such terms are defined in Section 3.12 of this Agreement) that exceeds the Model Employment Procedures jurisdiction of Small Claims Court and that was reviewed through, but not resolved by, the Appeal Process set forth in Section 8.1 of this Agreement, and (b) other disputes that were reviewed through, but not resolved by, the dispute resolution process set forth in Section 8.4 of this Agreement. The parties agree that (a) timely pursuit and completion of the Appeal Process set forth in Section 8.1 of this Agreement shall be a condition precedent to submitting a demand for arbitration for disputes arising out of or related to Claims Determinations, and (b) timely notice that Provider contests a Claims Overpayment and completion of the Final Claims Overpayment Determination as set forth in Section 3.12 of this Agreement shall be a condition precedent to submitting a demand for arbitration of disputes arising out of or related to Claims Overpayment and Final Claims Overpayment Determinations, and (c) timely pursuit and completion of the dispute resolution process set forth in Section 8.4 of this Agreement shall be a condition precedent to submitting a demand for arbitration of other disputes. Arbitration shall be conducted by and under the Commercial Rules of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, in accordance with the Rules, except as herein specified. In no event shall the demand for arbitration be made after the date when the institution of legal and/or equitable proceedings based upon such Claim would be barred by the applicable statute of limitations. Each party to the arbitration will be entitled to be represented by counsel and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties, additional depositions may be taken at other locations. In addition, upon a party’s showing of need for additional discovery, the arbitrator shall have discretion to order such additional discovery. You acknowledge and agree that you are familiar with and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matterAssociation. The arbitrator shall issue be a written decision setting forth retired judge of the award and State of California, unless otherwise agreed to by the findings and/or conclusions upon which such award is basedparties. The arbitration decision of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio or you. Notwithstanding the foregoing, the result of any such arbitration shall be binding but on both parties. The arbitrator shall be bound by applicable Laws and Regulations and shall issue written findings of fact and conclusions of law. The arbitrator shall have no authority to award damages or provide a remedy that would not be made public (including by filing a petition available to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each prevailing party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction law nor shall the arbitrator have the authority to seek award punitive, incidental, or consequential damages, or to add to, modify, or otherwise refuse to enforce any agreements between the parties. The parties acknowledge that arbitration of a Temporary Restraining Order and/or preliminary dispute under this Agreement may require the disclosure or permanent injunction exchange of confidential or sensitive information. Therefore, the parties agree to enter into protective orders, including without limitation limiting certain discovery documents to “attorney’s eyes only” to the extent possible in view of the context and nature of the dispute and documents to be disclosed. The parties further agree that any and all discovery information disclosed or exchanged as part of an arbitration proceeding shall be used solely within the arbitration of the dispute between the parties and shall not be used for any other equitable relief to prevent a breach or contemplated breach of such provisions.purpose. Within thirty

Appears in 1 contract

Samples: Provider Agreement

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Arbitration of Disputes. If a dispute arises between Attorneys and client regarding fees or services in connection with the above-referenced transaction, such dispute shall be submitted to binding arbitration. This includes any claim for breach of contract, negligence, breach of fiduciary duty or other wrongdoing. Any controversy actions, controversies, claims, disputes and/or other factual or claim by you against Studio or any of its parent companies, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio and such parent companies, subsidiaries and/or affiliates), including any controversy or claim legal matters in question arising from, out of or relating to this Agreement, or the alleged breach thereof, or the employment or termination thereof of you by Studio which would give rise to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted settled by arbitration conducted in accordance with the California Arbitration Act (Code of Civil Procedure Section 1280, et seq.) as then in effect except as provided herein. The parties to an impartial mediator (“Mediator”) selected jointly by such arbitration shall be entitled to conduct discovery and take depositions pursuant to the partiesprovisions of Code of Civil Procedure Section 1283.05, without giving effect to the limitations contained in Code of Civil Procedure Section 1283.059(e). Both Unless the parties agree otherwise, any arbitration shall attend a mediation conference be held in Los Angeles County, California California, before three independent arbitrators appointed by the Judicial Arbitration and attempt Mediation Services. In the event that the Judicial Arbitration and Mediation Services shall not then exist or fail or refuse to resolve any appoint such arbitrators, one arbitrator shall be selected by one party or factions and all Claimsone arbitrator shall be selected by the other party or faction. The two arbitrators shall select a third arbitrator to arbitrate the dispute. If either party or faction party does not timely select an arbitrator, the parties are not able to resolve all Claimsarbitrator selected by the other party or faction shall arbitrate the dispute. Costs and fees of the arbitrators shall be borne by the non-prevailing party, then unless the arbitrators determine otherwise. The award of the arbitrators, which may include equitable relief, shall be final and judgment may be entered upon written it in accordance with applicable law in any court having jurisdiction thereof. Any demand for arbitration to the other party, which demand shall be in writing and must be made within a reasonable time after the Claim claim, dispute or other matter in questions has arisen, any unresolved Claims shall be determined by final and binding arbitration in Los Angeles, California, in accordance with the Model Employment Procedures of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, in accordance with the Rules, except as herein specified. In no event shall the demand for arbitration be made after the date when the that institution of legal and/or or equitable proceedings based upon such Claim claim, dispute or other matter would be barred by the applicable statute of limitations. Each party to limitations or the arbitration will be entitled to be represented by counsel and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties, additional depositions may be taken at other locations. In addition, upon a party’s showing of need for additional discovery, the arbitrator shall have discretion to order such additional discovery. You acknowledge and agree that you are familiar with and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio or you. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained date specified in this Paragraph 24 shall survive Agreement, whichever is the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsearlier.

Appears in 1 contract

Samples: Security Agreement (Material Technologies Inc /Ca/)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Employer in its sole and absolute discretion, shall be resolved by binding arbitration before a representative member, selected by the mutual agreement of the parties, of the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), presently located at Two Embarcadero Center, Suite 1100, in Los AngelesSan Francisco, California. In the event JAMS is unable or unwilling to conduct the arbitration provided for under the terms of this Paragraph, in accordance with or has discontinued its business, the Model Employment Procedures parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively"AAA"), “Rules”) by a neutral arbitrator experienced presently located at 225 Bush Street, 18th Floor, in employment lawSan Francisco, licensed to practice law in California, shall conxxxx xxx xxxxxxx arbitration referred to in accordance this Paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court having Jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in Red Bluff, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 1 contract

Samples: Executive Salary Continuation Agreement (Humboldt Bancorp)

Arbitration of Disputes. Any controversy or claim by you Consultant against Studio the Company or any of its parent companies, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio the Company and such parent companies, subsidiaries and/or affiliates), including any controversy or claim arising from, out of or relating to this Agreement, the breach thereof, or the employment Services or termination thereof of you Consultant by Studio the Company which would give rise to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you Consultant by Studio the Company (individually and/or collectively, “Claim(s)Claim[s]”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the partiesParties. Both parties Parties shall attend a mediation conference in Los Angeles County, California Nevada and attempt to resolve any and all Claims. If the parties Parties are not able to resolve all Claims, then upon written demand for arbitration to the other partyParty, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final and binding arbitration in Los Angeles, CaliforniaNevada, in accordance with the Model Employment Procedures provisions of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, in accordance with the Rules, except as herein specifiedNevada. In no event shall the demand for arbitration be made after the date when the institution of legal and/or equitable proceedings based upon such Claim would be barred by the applicable statute of limitations. Each party Party to the arbitration will be entitled to be represented by counsel and will have the opportunity to take depositions in Los AngelesNevada, California of any opposing party Party or witnesses selected by such party Party and/or request production of documents by the opposing party Party before the arbitration hearing. By mutual agreement of the partiesParties, additional depositions may be taken at other locations. In addition, upon a partyParty’s showing of need for additional discovery, the arbitrator shall have discretion to order such additional discovery. You acknowledge Consultant acknowledges and agree agrees that you are Consultant is familiar with and fully understand understands the need for preserving the confidentiality of Studiothe Company’s agreements with third parties and compensation of Studiothe Company’s employees. Accordingly, you Consultant hereby agree agrees that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your Consultant’s agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you Consultant and/or your Consultant’s representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party Party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party Party may be entitled to recover whatever damages would otherwise be available to that party Party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio the Company or youConsultant. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio the Company of the arbitrator’s decision. Each party Party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studiothe Company. Except as set forth belowherein, should you the Consultant or Studio Company pursue any Claim covered by this Paragraph 24 19 by any method other than said arbitration, the responding party Party shall be entitled to recover from the other party Party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 19 shall survive the termination of your employment with Studiothe Consultant’s Services to the Company. Notwithstanding anything set forth above, you agree Consultant agrees that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studiothe Company, and therefore, in addition to the procedures set forth above, Studio the Company may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisions.

Appears in 1 contract

Samples: Consulting Agreement (THC Therapeutics, Inc.)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companies, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio and such parent companies, subsidiaries and/or affiliates), including any controversy or claim arising from, out of or relating to this Agreement, the breach thereof, or the employment or termination thereof of you by Studio which would give rise to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final and binding arbitration in Los Angeles, California, in accordance with the Model Employment Procedures of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, in accordance with the Rules, except as herein specified. In no event shall the demand for arbitration be made after the date when the institution of legal and/or equitable proceedings based upon such Claim would be barred by the applicable statute of limitations. Each party to the arbitration will be entitled to be represented by counsel and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties, additional depositions may be taken at other locations. In addition, upon a party’s showing of need for additional discovery, the arbitrator shall have discretion to order such additional discovery. You acknowledge and agree that you are familiar with and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio or you. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 23 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 23 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisions.

Appears in 1 contract

Samples: DreamWorks Animation SKG, Inc.

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Bank in its sole and absolute discretion, shall be resolved by binding arbitration in Los Angelesbefore a representative member, Californiaselected by the mutual agreement of the parties, in accordance with of the Model Employment Procedures Judicial Arbitration and Mediation Services, Inc . ("JAMS"), presently located at 000 Xxxx Xxxxxx, Xxxxx 000 xx Xxx Xxxxxxxxx, Xxxxxxxxxx. In the event JAMS is unable or unwilling to conduct the arbitration provided for under the terms of this paragraph, or has discontinued its business, the parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively"AAA"), “Rules”) by a neutral arbitrator experienced presently located at 000 Xxxxxxxxxx Xxxxxx, in employment lawSan Francisco, licensed to practice law in California, shall conduct the binding arbitration referred to in accordance this paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court courts having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in Bakersfield, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 1 contract

Samples: Change in Control Agreement (San Joaquin Bancorp)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Employer in its sole and absolute discretion, shall be resolved by binding arbitration before a representative member, selected by the mutual agreement of the parties, of the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), presently located at Two Embarcadero Center, Suite 1100, in Los AngelesSan Francisco, California. In the event JAMS is unable or unwilling to conduct the arbitration provided for under the terms of this Paragraph, in accordance with or has discontinued its business, the Model Employment Procedures parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively"AAA"), “Rules”) by a neutral arbitrator experienced presently located at 000 Xxxxxxxxxx Xxxxxx, in employment lawSan Francisco, licensed to practice law in California, shall conduct the binding arbitration referred to in accordance this Paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in Red Bluff, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 1 contract

Samples: Executive Salary Continuation Agreement (Tehama Bancorp)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Employer in its sole and absolute discretion, shall be resolved by binding arbitration in Los Angelesbefore a representative member, Californiaselected by the mutual agreement of the parties, in accordance with of the Model Employment Procedures Judicial Arbitration and Mediation Services, Inc. (“JAMS”), presently located at 000 Xxxx Xxxxxx, Xxxxx 000, Xxx Xxxxxxxxx, Xxxxxxxxxx. In the event JAMS is unable or unwilling to conduct the arbitration provided for under the terms of this paragraph, or has discontinued its business, the parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively“AAA”), “Rules”) by a neutral arbitrator experienced in employment lawpresently located at 000 Xxxxxxxxxx Xxxxxx, licensed to practice law in San Francisco, California, shall conduct the binding arbitration referred to in accordance this paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in Quincy, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s)parties. Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisions.XXXXX XXXXXXXXXX & LONG PC

Appears in 1 contract

Samples: Continuation Agreement (Plumas Bancorp)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesClaims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question between the Parties to this Agreement arising from, out of or relating to this Agreement, the breach thereof, Agreement or the employment or termination thereof of you by Studio which would give rise to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) Services shall be submitted to an impartial mediator and settled by arbitration conducted in the County of Santa Clara, California, in accordance with the rules then in effect of the American Arbitration Association by three (“Mediator”3) selected jointly arbitrators appointed in accordance with such rules. The award rendered by the partiesarbitrators shall be final and binding, and judgment may be entered upon it in any court having jurisdiction thereof. Both parties Notwithstanding the foregoing, 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 any abridgment of the powers of the arbitrators. No arbitration arising out of or relating to this Agreement or the Services shall attend include, by consolidation or joinder or in any other manner, an additional person not a mediation conference party hereto, except by written consent signed by the Parties and any other person sought to be joined. Consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of a dispute not described or with a person not named therein. This provision shall be specifically enforceable in Los Angeles County, California and attempt to resolve any and all Claimscourt of competent jurisdiction. If the parties are not able to resolve all Claims, then upon written Notice of demand for arbitration to shall be filed in writing with the other party, which Party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final and binding arbitration in Los Angeles, California, in accordance with the Model Employment Procedures written notice of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, in accordance with the Rules, except as herein specifiedclaim above. In no event shall the demand for arbitration be made after the date when the institution of legal and/or equitable proceedings based upon such Claim would be barred by the applicable statute of limitationslimitations would bar institution of a legal or equitable proceeding based on such claim, dispute, or other matter in question. Each party to the arbitration will be entitled to be represented by counsel and will have the opportunity to take depositions in Los AngelesHowever, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties, additional depositions may be taken at other locations. In addition, upon once a party’s showing of need for additional discoveryclaim is made, the arbitrator statute of limitations shall have discretion be tolled during the thirty (30) day period from the time the claim is filed until the demand for arbitration is filed. If agreed to order such additional discovery. You acknowledge in writing by Xxxxxxx-Xxxxxxx, and agree that you are familiar unless this Agreement has been terminated in accordance with the terms hereof, XXXXX shall carry on the Services and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties maintain its progress during any claim filing and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio or you. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party XXXXX shall be entitled to recover from continue to receive payments in accordance with this Agreement; provided, however, that if Xxxxxxx-Xxxxxxx does not agree to the other party all damagescontinued performance of the Services by XXXXX, costs, expenses, such Services shall cease and reasonable outside attorneys’ fees incurred as a result no invoices shall be submitted to the AIG Environmental for the contested payment pending the completion of such actionthe arbitration proceeding. The provisions contained in this This Paragraph 24 16.B. shall survive the Project Completion or termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsAgreement.

Appears in 1 contract

Samples: Remediation Agreement (Watkins Johnson Co)

Arbitration of Disputes. Any In the event of any dispute or controversy or claim by you against Studio or any of its parent companiesarising out of, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio and such parent companies, subsidiaries and/or affiliates), including any controversy or claim arising from, out of or relating to to, any interpretation, construction, performance, termination or breach of this Agreement, the breach thereof, parties hereto agree to submit such dispute or the employment or termination thereof of you by Studio which would give rise controversy to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final and binding arbitration before one arbitrator at .LAMS in Los AngelesSanta Monica, California, in accordance with the Model rules governing employment disputes of JAMS then in effect. A link to the current JAMS Employment Arbitration Rules & Procedures of can be found at the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, following link: xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration!. Such arbitration shall be conducted in accordance with Section 1280 et seq. of the Rules, except as herein specified. In no event shall the demand for arbitration be made after the date when the institution California Code of legal and/or equitable proceedings based upon such Claim would be barred by the applicable statute of limitationsCivil Procedure. Each party hereby waives any right it may have to object to JAMS having sole and exclusive jurisdiction to adjudicate any such dispute and stipulates that the arbitration will Arbitrator shall have personal jurisdiction over each party for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. The arbitrator shall be entitled to be represented by counsel and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties. If the parties cannot agree on an arbitrator, additional the parties shall alternately strike names from a list provided by the American Arbitration Association until only one name remains. Notwithstanding anything to the contrary in the rules governing employment disputes of JAMS, the arbitration shall provide (i) for written discovery and depositions may as provided under California law, and (ii) for a written decision by the arbitrator that includes the essential findings and conclusions upon which the decision is based which shall be taken at issued no later than thirty (30) days after a dispositive motion is heard and/or an arbitration hearing has completed. The Consultant and the Company shall have the same amount of time to file any claim against any other locationsparty as such party would have if such a claim had been filed in state or federal court. In addition, upon a party’s showing of need for additional discoveryconducting the arbitration, the arbitrator shall have discretion follow the rules of evidence of the State of California (including but not limited to order such additional discovery. You acknowledge all applicable privileges), and agree that you are familiar with and fully understand the need for preserving the confidentiality award of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documentsmust follow California and/or federal law, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is basedas applicable. The decision of the arbitrator Arbitrator shall be final and binding on all the parties to the arbitration, shall be non-appealable and may be entered and enforced in any by a court of competent jurisdiction by either Studio or youjurisdiction. Notwithstanding The Company shall advance all fees and costs in connection with the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decisionarbitration. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding The prevailing party shall be entitled to recover from the other non-prevailing party all damages, its reasonable attorney’s fees and costs, expensesas well as the costs and fees paid to the arbitrator or JAMS, and reasonable outside attorneys’ fees incurred as a result of such actionto the extent allowed by law. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth aboveArbitrator may grant any legal or equitable remedy appropriate including, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect injunctive relief or specific performance, but shall not have the power to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may grant any remedy that would not be entitled to file suit available in a state or federal court of competent jurisdiction to seek a Temporary Restraining Order in California, By entering into this arbitration provision, the Company and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsConsultant are not waiving the attorney-client privilege.

Appears in 1 contract

Samples: Consulting Agreement (Loton, Corp)

Arbitration of Disputes. Any controversy or claim by you against Studio or any dispute regarding the termination of its parent companiesEmployee's employment, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio and such parent companies, subsidiaries and/or affiliates), including any controversy or claim arising from, out of or relating to this Agreement, the breach thereof, or arising from the employment of Employee by Employer or termination thereof of you by Studio which would give rise to a claim under federalits parent or subsidiary corporations, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by resolved through final and binding arbitration in Los AngelesSan Diego, California, California in accordance with the Model Employment Procedures then-existing commercial arbitration rules (the "Rules") of the American Arbitration Association (collectively"AAA"), “Rules”) and judgment upon the award rendered by the arbitrators may be entered in any court having competent jurisdiction thereof; provided, however, that the law applicable to any controversy shall be the law of the State of California, regardless of its or any other jurisdiction's choice of law principles. In any such arbitration, the award or decision shall be rendered by a neutral majority of the members of a Board of Arbitration consisting of three (3) members, one of whom shall be appointed by each party and the third of whom shall be the chairman of the panel and be appointed by mutual agreement of said two party-appointed arbitrators. In the event that either party shall fail to appoint an arbitrator experienced in employment lawwithin ten (10) days after the demand for arbitration, licensed to practice law in California, such arbitrator shall be appointed by the AAA in accordance with the Rules. The arbitration shall take place within forty-five (45) days of the demand for arbitration. The arbitrators shall render their decision in writing to the Employer, except as herein specifiedEmployee and their respective counsel within twenty (20) days of the completion of the arbitration. In no event shall the demand for arbitration be made after the date when the institution of a legal and/or or equitable proceedings proceeding based upon on such Claim a claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party to In the arbitration will be entitled to be represented by counsel and will have the opportunity to take depositions in Los Angeles, California event of any opposing party such arbitration, Employee shall bear his or witnesses selected her own costs. However, notwithstanding the above, nothing in this Agreement shall require Employer or its parent or subsidiary corporations to arbitrate any claim involving alleged breaches by such party and/or request production Employee under the Employee and Confidentiality Agreement of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties, additional depositions may be taken at other locations. In addition, upon a party’s showing of need for additional discovery, the arbitrator shall have discretion Employee's obligations to order such additional discovery. You acknowledge and agree that you are familiar with and fully understand the need for preserving maintain the confidentiality of Studio’s agreements with third parties proprietary and compensation of Studio’s employees. Accordingly, you hereby agree that confidential information or to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from assign any third party, relating interests in any way to your agreements with third parties and/or compensation inventions or discoveries of other employees are necessary to Employee during the determination of any Claimemployment relationship, you and/or your representatives may discover and examine Employee acknowledges and agrees that such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party claims may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision subject of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio or you. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary action seeking legal or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsrelief.

Appears in 1 contract

Samples: Severance Agreement and Release (Alliance Pharmaceutical Corp)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companies, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio dispute between Provider and such parent companies, subsidiaries and/or affiliates), including any controversy or claim arising from, out of or relating to this Agreement, the breach thereof, or the employment or termination thereof of you by Studio which would give rise to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) Blue Shield shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined settled by final and binding arbitration in San Francisco, Los Angeles, San Diego or Sacramento, California, whichever city is closest to Provider, including any dispute arising out of or related to (a) a Claims Determination (as defined in accordance with Section 8.1 of this Agreement) or a Claims Overpayment or Final Claims Overpayment Determination (as such terms are defined in Section 3.12 of this Agreement) that exceeds the Model Employment Procedures jurisdiction of Small Claims Court and that was reviewed through, but not resolved by, the Appeal Process set forth in Section 8.1 of this Agreement, and (b) other disputes that were reviewed through, but not resolved by, the dispute resolution process set forth in Section 8.4 of this Agreement. The parties agree that (a) timely pursuit and completion of the Appeal Process set forth in Section 8.1 of this Agreement shall be a condition precedent to submitting a demand for arbitration for disputes arising out of or related to Claims Determinations, and (b) timely notice that Provider contests a Claims Overpayment and completion of the Final Claims Overpayment Determination as set forth in Section 3.12 of this Agreement shall be a condition precedent to submitting a demand for arbitration of disputes arising out of or related to Claims Overpayment and Final Claims Overpayment Determinations, and (c) timely pursuit and completion of the dispute resolution process set forth in Section 8.4 of this Agreement shall be a condition precedent to submitting a demand for arbitration of other disputes. Arbitration shall be conducted by and under the Commercial Rules of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, in accordance with the Rules, except as herein specified. In no event shall the demand for arbitration be made after the date when the institution of legal and/or equitable proceedings based upon such Claim would be barred by the applicable statute of limitations. Each party to the arbitration will be entitled to be represented by counsel and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties, additional depositions may be taken at other locations. In addition, upon a party’s showing of need for additional discovery, the arbitrator shall have discretion to order such additional discovery. You acknowledge and agree that you are familiar with and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matterAssociation. The arbitrator shall issue be a written decision setting forth retired judge of the award and State of California, unless otherwise agreed to by the findings and/or conclusions upon which such award is basedparties. The arbitration decision of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio or you. Notwithstanding the foregoing, the result of any such arbitration shall be binding but on both parties. The arbitrator shall be bound by applicable Laws and Regulations and shall issue written findings of fact and conclusions of law. The arbitrator shall have no authority to award damages or provide a remedy that would not be made public (including by filing a petition available to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each prevailing party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction law nor shall the arbitrator have the authority to seek award punitive, incidental, or consequential damages, or to add to, modify, or otherwise refuse to enforce any agreements between the parties. The parties acknowledge that arbitration of a Temporary Restraining Order and/or preliminary dispute under this Agreement may require the disclosure or permanent injunction exchange of confidential or sensitive information. Therefore, the parties agree to enter into protective orders, including without limitation limiting certain discovery documents to “attorney’s eyes only” to the extent possible in view of the context and nature of the dispute and documents to be disclosed. The parties further agree that any and all discovery information disclosed or exchanged as part of an arbitration proceeding shall be used solely within the arbitration of the dispute between the parties and shall not be used for any other equitable relief to prevent a breach or contemplated breach of such provisions.purpose. Within thirty

Appears in 1 contract

Samples: Independent Provider Agreement

Arbitration of Disputes. Any controversy or claim by you Consultant against Studio the Company or any of its parent companies, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio the Company and such parent companies, subsidiaries and/or affiliates), including any controversy or claim arising from, out of or relating to this Agreement, the breach thereof, or the employment Services or termination thereof of you Consultant by Studio the Company which would give rise to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you Consultant by Studio the Company (individually and/or collectively, “Claim(s)Claim[s]”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the partiesParties. Both parties Parties shall attend a mediation conference in Los Angeles County, California Nevada and attempt to resolve any and all Claims. If the parties Parties are not able to resolve all Claims, then upon written demand for arbitration to the other partyParty, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final and binding arbitration in Los Angeles, CaliforniaNevada, in accordance with the Model Employment Procedures provisions of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, and licensed to practice law in California, in accordance with the Rules, except as herein specifiedNevada. In no event shall the demand for arbitration be made after the date when the institution of legal and/or equitable proceedings based upon such Claim would be barred by the applicable statute of limitations. Each party Party to the arbitration will be entitled to be represented by counsel and will have the opportunity to take depositions in Los AngelesNevada, California of any opposing party Party or witnesses selected by such party Party and/or request production of documents by the opposing party Party before the arbitration hearing. By mutual agreement of the partiesParties, additional depositions may be taken at other locations. In addition, upon a party’s Party's showing of need for additional discovery, the arbitrator shall have discretion to order such additional discovery. You acknowledge Consultant acknowledges and agree agrees that you are Consultant is familiar with and fully understand understands the need for preserving the confidentiality of Studio’s the Company's agreements with third parties and compensation of Studio’s the Company's employees. Accordingly, you Consultant hereby agree agrees that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your Consultant’s agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you Consultant and/or your Consultant’s representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party Party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party Party may be entitled to recover whatever damages would otherwise be available to that party Party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio the Company or youConsultant. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio the Company of the arbitrator’s 's decision. Each party Party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studiothe Company. Except as set forth belowherein, should you the Consultant or Studio Company pursue any Claim covered by this Paragraph 24 19 by any method other than said arbitration, the responding party Party shall be entitled to recover from the other party Party all damages, costs, expenses, and reasonable outside attorneys' fees incurred as a result of such action. The provisions contained in this Paragraph 24 19 shall survive the termination of your employment with Studiothe Consultant’s Services to the Company. Notwithstanding anything set forth above, you agree Consultant agrees that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studiothe Company, and therefore, in addition to the procedures set forth above, Studio the Company may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisions.

Appears in 1 contract

Samples: Consulting Agreement (Appiphany Technologies Holdings Corp)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Employer in its sole and absolute discretion, shall be resolved by binding arbitration in Los Angelesbefore a representative member, Californiaselected by the mutual agreement of the parties, in accordance with of the Model Employment Procedures Judicial Arbitration and Mediation Services, Inc. (“JAMS”), presently located at 000 Xxxx Xxxxxx, Xxxxx 000, xx Xxx Xxxxxxxxx, Xxxxxxxxxx. In the event JAMS is unable or unwilling to conduct the arbitration provided for under the terms of this Paragraph, or has discontinued its business, the parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively“AAA”), “Rules”) by a neutral arbitrator experienced presently located at 000 Xxxxxxxxxx Xxxxxx, in employment lawSan Francisco, licensed to practice law in California, shall conduct the binding arbitration referred to in accordance this Paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in Northern California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 1 contract

Samples: Executive Salary Continuation Agreement (Plumas Bancorp)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companies, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio and such parent companies, subsidiaries and/or affiliates), including any controversy or claim arising from, out of or relating to this Agreement, the breach thereof, or the employment or termination thereof of you by Studio which would give rise to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final and binding arbitration in Los Angeles, California, in accordance with the Model Employment Procedures of the American Arbitration Association (collectively, “Rules”) by a neutral arbitrator experienced in employment law, licensed to practice law in California, in accordance with the Rules, except as herein specified. In no event shall the demand for arbitration be made after the date when the institution of legal and/or equitable proceedings based upon such Claim would be barred by the applicable statute of limitations. Each party to the arbitration will be entitled to be represented by counsel and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of the parties, additional depositions may be taken at other locations. In addition, upon a party’s showing of need for additional discovery, the arbitrator shall have discretion to order such additional discovery. Further, the arbitrator shall have the authority to decide any dispute regarding discovery that arises in connection with any Claim. You acknowledge and agree that you are familiar with and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. In the event the parties fail to agree on the form of a confidentiality agreement, the arbitrator shall have the authority to determine the form of such agreement (provided same is consistent with the terms of this Agreement). Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court of competent jurisdiction by either Studio or you. Notwithstanding the foregoing, the result of any such arbitration shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award), unless necessary to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and Paragraph 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order temporary restraining order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisions.

Appears in 1 contract

Samples: DreamWorks Animation SKG, Inc.

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Employer in its sole and absolute discretion, shall be resolved by binding arbitration in Los Angelesbefore a representative member, Californiaselected by the mutual agreement of the parties, in accordance with of the Model Employment Procedures Judicial Arbitration and Mediation Services, Inc. ("JAMS"), presently located at 100 Xxxx Xxxxx, Xxxxx 000, xx Xxx Xxxxxxxxx, Xxxxxxxxxx. In the event JAMS is unable or unwilling to conduct the arbitration provided for under the terms of this Paragraph, or has discontinued its business, the parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively"AAA"), “Rules”) by a neutral arbitrator experienced presently located at 400 Xxxxxxxxxx Xxxxxx, in employment lawSan Francisco, licensed to practice law in California, shall conduct the binding Arbitration referred to in accordance this Paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in San Francisco, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 1 contract

Samples: Executive Salary Continuation Agreement (Heritage Oaks Bancorp)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Employer in its sole and absolute discretion, shall be resolved by binding arbitration before a representative member, selected by the mutual agreement of the parties, of the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), presently located at 500 North State College Boulevard, in Los AngelesOrange, California. In the evenx XXXX xx xxxxxx xx xxxxxxxxx xx conduct the arbitration provided for under the terms of this Paragraph, in accordance with or has discontinued its business, the Model Employment Procedures parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively"AAA"), “Rules”) by a neutral arbitrator experienced presently located at 2601 Main Street, in employment lawIrvine, licensed to practice law in California, shall conduct the binding arxxxxxxxxx xxxxxxed to in accordance this Paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in Hemet, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 1 contract

Samples: Executive Salary Continuation Agreement (Hemet Bancorp)

Arbitration of Disputes. Any controversy or claim by you against Studio or any of its parent companiesAll claims, subsidiaries, affiliates (and/or officers, directors, employees, representatives or agents of Studio disputes and such parent companies, subsidiaries and/or affiliates), including any controversy or claim other matters in question arising from, out of or relating to this Agreement, Agreement or the breach or interpretation thereof, or the employment or termination thereof of you by Studio other than those matters which would give rise are to a claim under federal, state or local law (including, but not limited to, claims based in tort or contract, claims for discrimination under state or federal law, and/or claims for violation of any federal, state or local law, statute or regulation), or any claim against you by Studio (individually and/or collectively, “Claim(s)”) shall be submitted to an impartial mediator (“Mediator”) selected jointly by the parties. Both parties shall attend a mediation conference in Los Angeles County, California and attempt to resolve any and all Claims. If the parties are not able to resolve all Claims, then upon written demand for arbitration to the other party, which demand shall be made within a reasonable time after the Claim has arisen, any unresolved Claims shall be determined by final the Bank in its sole and absolute discretion, shall be resolved by binding arbitration in Los Angelesbefore a representative member, Californiaselected by the mutual agreement of the parties, in accordance with of the Model Employment Procedures Judicial Arbitration and Mediation Services, Inc. (“JAMS”), presently located at 000 Xxxx Xxxxxx, Xxxxx 000, xx Xxx Xxxxxxxxx, Xxxxxxxxxx. In the event JAMS is unable or unwilling to conduct the arbitration provided for under the terms of this Paragraph, or has discontinued its business, the parties agree that a representative member, selected by the mutual agreement of the parties, of the American Arbitration Association (collectively“AAA”), “Rules”) by a neutral arbitrator experienced presently located at 000 Xxxxxxxxxx Xxxxxx in employment lawSan Francisco, licensed to practice law in California, shall conduct the binding arbitration referred to in accordance this Paragraph. Notice of the demand for arbitration shall be filed in writing with the Rulesother party to this Agreement and with JAMS (or AAA, except as herein specifiedif necessary). In no event shall the demand for arbitration be made after the date when the institution of legal and/or or equitable proceedings based upon on such Claim claim, dispute or other matter in question would be barred by the applicable statute of limitations. Each party The arbitration shall be subject to such rules of procedure used or established by JAMS, or if there are none, the arbitration will rules of procedure used or established by AAA. Any award rendered by JAMS or AAA shall be entitled to be represented by counsel final and will have the opportunity to take depositions in Los Angeles, California of any opposing party or witnesses selected by such party and/or request production of documents by the opposing party before the arbitration hearing. By mutual agreement of binding upon the parties, additional depositions may be taken at other locations. In additionand as applicable, upon a party’s showing of need for additional discoverytheir respective heirs, the arbitrator shall have discretion to order such additional discovery. You acknowledge beneficiaries, legal representatives, agents, successors and agree that you are familiar with assigns, and fully understand the need for preserving the confidentiality of Studio’s agreements with third parties and compensation of Studio’s employees. Accordingly, you hereby agree that to the extent the arbitrator determines that documents, correspondence or other writings (or portions thereof) whether internal or from any third party, relating in any way to your agreements with third parties and/or compensation of other employees are necessary to the determination of any Claim, you and/or your representatives may discover and examine such documents, correspondence or other writings only after execution of an appropriate confidentiality agreement. Each party shall have the right to subpoena witnesses and documents for the arbitration hearing. A court reporter shall record all arbitration proceedings. With respect to any Claim brought to arbitration hereunder, either party may be entitled to recover whatever damages would otherwise be available to that party in any legal proceeding based upon the federal and/or state law applicable to the matter. The arbitrator shall issue a written decision setting forth the award and the findings and/or conclusions upon which such award is based. The decision of the arbitrator may be entered and enforced in any court having jurisdiction thereof. The obligation of competent jurisdiction by either Studio or you. Notwithstanding the foregoingparties to arbitrate pursuant to this clause shall be specifically enforceable in accordance with, and shall be conducted consistently with, the result provisions of any such Title 9 of Part 3 of the California Code of Civil Procedure. Any arbitration hereunder shall be binding but shall not be made public (including by filing a petition to confirm the arbitration award)conducted in San Jose, California, unless necessary otherwise agreed to confirm such arbitration award after non-payment of the award for a period of at least fifteen (15) days after notice to Studio of the arbitrator’s decision. Each party shall pay the fees of their respective attorneys (except as otherwise awarded by the arbitrator), the expenses of their witnesses, and all other expenses connected with presenting their Claims or defense(s). Other costs of arbitration shall be borne by Studio. Except as set forth below, should you or Studio pursue any Claim covered by this Paragraph 24 by any method other than said arbitration, the responding party shall be entitled to recover from the other party all damages, costs, expenses, and reasonable outside attorneys’ fees incurred as a result of such action. The provisions contained in this Paragraph 24 shall survive the termination of your employment with Studio. Notwithstanding anything set forth above, you agree that any breach or threatened breach of this Agreement (particularly, but without limitation, with respect to Paragraphs 3 and 8, above) may result in irreparable injury to Studio, and therefore, in addition to the procedures set forth above, Studio may be entitled to file suit in a court of competent jurisdiction to seek a Temporary Restraining Order and/or preliminary or permanent injunction or other equitable relief to prevent a breach or contemplated breach of such provisionsparties.

Appears in 1 contract

Samples: Director Indexed Compensation Benefits Agreement (Heritage Commerce Corp)

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