Common use of Arbitration Procedures Clause in Contracts

Arbitration Procedures. The Company and Executive agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures of the American Arbitration Association (“AAA”) before an Arbitrator who is licensed to practice law in the Commonwealth of Virginia (“Arbitrator”). The arbitration shall take place at the Company’s headquarters in Richmond, Virginia. The Arbitrator shall be selected as follows. The AAA shall give each party a list of eleven (11) arbitrators drawn from its panel of labor-management dispute arbitrators. Each party may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists until the Arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) asserted. The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations.

Arbitration Procedures. The Company parties agree to abide by the employment rules and Executive agree that, except procedures as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures of set forth by the American Arbitration Association (“AAA”) before an Arbitrator who is licensed to practice law in the Commonwealth of Virginia (“Arbitrator”)Association. The arbitration shall take place at the Company’s headquarters in RichmondSanta Xxxxx County, VirginiaCalifornia. The Arbitrator arbitrator shall be selected as follows. The AAA party seeking to arbitrate the dispute shall give each party request a list of eleven (11) seven arbitrators drawn from its panel of labor-management dispute arbitratorsthe American Arbitration Association, said arbitrators to be knowledgeable and experienced in handling employment law matters. Each party may strike all names on shall take turns striking one name from the list it deems unacceptable. If only one common name remains on the lists of all partieslist, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one name remains. The party who did not initiate seeking to arbitrate the claim shall strike first. If no common the first name remains on from the lists of all parties, the AAA shall furnish an additional list or lists until the Arbitrator is selectedlist. The Arbitrator arbitrator shall apply the substantive law (and the law of remedies, if applicable) all applicable remedies of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) claims asserted. The Federal Rules of Evidence shall apply. The Arbitratorarbitrator, and not any federal, state, state or local court or agency, shall have exclusive authority to resolve over any dispute relating to the interpretation, applicability, enforceability enforceability, formation or formation breach of this Agreement, including but not limited to any claim that any or all or any part of this the Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions motion under the Federal Rules of Civil Procedure. Either party, at its expense, may The parties shall have the right to arrange for and pay share the cost of a court reporter to provide a stenographic record recording of the arbitration proceedings. Either party, upon request at At the close of the arbitration hearing, the parties shall be given leave have the right to file a prepare and submit post-hearing briefbriefs. The time for filing such a brief shall be set by the Arbitratorarbitrator. The Arbitrator Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award. Except as otherwise provided in this Agreement, the parties agree that they will not initiate or prosecute any lawsuit or administrative action (other than an administrative charge of discrimination) in any way related to any claim covered by this Agreement. Adaptec shall render an pay for all fees and costs of the arbitrator as well as for the cost of the hearing room. Each party shall pay for its own costs and attorneys’ fees, if any, incurred in connection with the arbitration. However, if any party prevails on a statutory claim which affords the prevailing party attorneys’ fees, the arbitrator may award and opinion in reasonable attorneys’ fees to the form typically rendered in labor arbitrationsprevailing party. This Agreement to arbitrate shall survive the termination of Employee’s employment. This is the complete agreement of the parties on the subject of arbitrating disputes.

Arbitration Procedures. The Company Employer and Executive Employee agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures Rules of the American Judicial Arbitration Association & Mediation Services, Inc. (“AAA”"J-A-M-S") before an Arbitrator arbitrator who is licensed to practice law in the Commonwealth state in which the arbitration is convened (the "Arbitrator"). If J-A-M-S no longer exists, then the American Arbitration Association shall be substituted therefor for purposes of Virginia (“Arbitrator”)this Section 20. The arbitration shall take place at in or near the Company’s headquarters city in Richmond, Virginiawhich Employee is or was last employed by Employer. The Arbitrator shall be selected as follows. The AAA J-A-M-S shall give each party a list of eleven (11) 11 arbitrators drawn from its panel of labor-management dispute labor and employment arbitrators. Each party may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA J-A-M-S shall furnish an additional list or lists until the an Arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim aroseState of Texas, or federal law, or both, as applicable to the claim(s) asserted. The Federal Texas Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties, except as provided in this Agreement. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Texas Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. Either party may bring an action in a court as provided in Section 20 of this Agreement to compel arbitration under this Agreement and to enforce an arbitration award. Except as otherwise provided in this Agreement, both Employer and Employee agree that neither shall initiate or prosecute any lawsuit or administrative action (other than as required by applicable law) in any way related to any claim covered by this Agreement. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations.

Arbitration Procedures. The Company and Executive agree that, except as provided in this Arbitration Agreement, any arbitration shall will be in accordance with held under the then-current Model Employment Arbitration Procedures auspices of the American Arbitration Association (“AAA”) before in the City of St. Petersburg, Florida. Catalina and you agree that, except as provided in this Agreement, the arbitration will be in accordance with the AAA’s National Rules for Resolution of Employment Disputes (or other then-current employment arbitration procedures). The arbitrator will be either a retired judge, or an Arbitrator who is attorney licensed to practice law in Florida and will have demonstrated experience and expertise in executive compensation matters (the Commonwealth of Virginia (“Arbitrator”). The arbitration shall take place at the Company’s headquarters in Richmond, Virginia. The Arbitrator shall will be selected as follows. The AAA shall sponsoring organization will give each party a list of eleven (11) 11 arbitrators drawn from its panel of labor-management employment dispute arbitrators. Each party may strike eliminate all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall will be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike will eliminate names alternately from the list of common names until only one remains. The party who did not initiate the claim shall strike will eliminate first. If no common name remains exists on the lists of all parties, the AAA shall sponsoring organization will furnish an additional list or and the process will be repeated. If no arbitrator has been selected after two lists have been distributed, then the parties will eliminate alternately from a third list, with the party initiating the claim eliminating first, until only one name remains. That person will be designated as the Arbitrator is selectedArbitrator. The Arbitrator shall will apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) asserted. If the parties’ dispute concerns a contract in which the parties have included a choice of law provision, the Arbitrator will apply the law as designated by the parties. The Federal Rules Arbitrator is without jurisdiction to apply any different substantive law, or law of Evidence shall applyremedies. The Arbitrator, and not any federal, state, or local court or agency, shall have has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall will be final and binding upon the parties, except as provided in this Agreement. The Arbitrator shall have has jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person person, as the Arbitrator deems necessary. The Arbitrator shall have has the authority to entertain hear and adjudicate a motion to dismiss and/or a motion for summary judgment by any party and shall will apply the standards governing such the motions under the Federal Rules of Civil Procedure. Either party, at its expense, party may arrange for and pay the cost of obtain a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall will be given leave allowed to file a post-hearing brief. The time for filing such a the brief shall will be set by the Arbitrator. The Arbitrator shall will render an a written, reasoned award and opinion in the form typically rendered in labor arbitrationssetting forth the Arbitrator’s findings and conclusions.

Arbitration Procedures. The Company and Executive agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures of the American Arbitration Association (“"AAA”") before an Arbitrator who is licensed to practice law in the Commonwealth of Virginia (“"Arbitrator”"). The arbitration shall take place at the Company’s 's headquarters in Richmond, Virginia. The Arbitrator shall be selected as follows. The AAA shall give each party a list of eleven (11) arbitrators drawn from its panel of labor-management dispute arbitrators. Each party may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists until the Arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) asserted. The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing posthearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations. ARBITRATION FEES AND COSTS The Company and Executive shall equally share the fees and costs of the Arbitrator. Each party will deposit funds or post other appropriate security for its share of the Arbitrator's fee, in an amount and manner determined by the Arbitrator, 10 days before the first day of hearing. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim which affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party. JUDICIAL REVIEW Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award. A party opposing enforcement of an award may not do so in an enforcement proceeding, but must bring a separate action in any court of competent jurisdiction to set aside the award, where the standard of review will be the same as that applied by an appellate court reviewing a decision of a trial court sitting without a jury. INTERSTATE COMMERCE Executive understands and agrees that the Company is engaged in transactions involving interstate commerce and that Executive's employment involves such commerce.

Arbitration Procedures. The Company and Executive agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures of the American Arbitration Association (“"AAA”") before an Arbitrator who is licensed to practice law in the Commonwealth of Virginia (“"Arbitrator”"). The arbitration shall take place at the Company’s 's headquarters in Richmond, Virginia. The Arbitrator shall be selected as follows. The AAA shall give each party a list of eleven (11) arbitrators drawn from its panel of labor-management dispute arbitrators. Each party may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists until the Arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) asserted. The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations.

Arbitration Procedures. The Company and Executive I agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures Rules of the American Arbitration Association Agreement (“"AAA”") before an Arbitrator experienced neutral arbitrator who is licensed to practice law in the Commonwealth of Virginia state in which the arbitration is convened (“Arbitrator”"the Arbitrators"). The arbitration shall take place at in or near the city in which I am or was last employed by the Company’s headquarters in Richmond, Virginia. The Arbitrator shall be selected as follows. The AAA shall give each party a list of eleven (11) 5 arbitrators drawn from its panel of labor-management dispute labor and employment arbitrators. Each party may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists until the an Arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) asserted. The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties, except as provided in this Agreement. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award. Except as otherwise provided in this Agreement, both the Company and I agree that neither of us shall initiate or prosecute any lawsuit in any way related to any claim covered by this Agreement. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations. The remedies and relief that the arbitrator may award shall be as extensive and the same as those which, by reason of the nature of the claim, might be awarded by a court of law.

Arbitration Procedures. The Company and Executive agree thatarbitration will be held under the auspices of a sponsoring organization, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures of either the American Arbitration Association (“AAA”) before or Judicial Arbitration & Mediation Services, with the designation of the sponsoring organization to be made by the party who did not initiate the claim. The Company and I agree that, except as provided in this Agreement, the arbitration shall be in accordance with the sponsoring organization’s then-current employment arbitration rules/procedures. The Arbitrator shall be either a retired judge, or an Arbitrator attorney who is experienced in employment law and licensed to practice law in the Commonwealth of Virginia state in which the arbitration is convened (the “Arbitrator”). The arbitration shall take place at in or near the city in which I am or was last employed by the Company’s headquarters in Richmond, Virginia. The Arbitrator shall be selected as follows. The AAA sponsoring organization shall give each party a list of eleven (11) arbitrators drawn from its panel of labor-management employment dispute arbitrators. Each party may shall have ten (10) calendar days from the postmark date on the list to strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately from the list of common names until only one remains. The party who did not initiate the claim shall strike first. If no common name remains exists on the lists of all parties, the AAA sponsoring organization shall furnish an additional list or lists of eleven (11) arbitrators from which the parties shall strike alternately, with the party initiating the claim striking first, until only one name remains. That person shall be designated as the Arbitrator is selectedArbitrator. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) asserted. The Arbitrator is without jurisdiction to apply any different substantive law or law of remedies. The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, Arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties, except as provided in this Agreement. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person person, as the Arbitrator deems necessaryadvisable. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Should any party refuse or neglect to appear for, or participate in, the arbitration hearing, the Arbitrator shall have the authority to decide the dispute based upon whatever evidence is presented. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and written opinion in the form typically rendered in labor arbitrationsarbitrations no later than thirty (30) days from the date the arbitration hearing concludes or the post-hearing briefs (if requested) are received, whichever is later. The opinion shall include the factual and legal basis for the award. Either party shall have the right, within twenty (20) days of issuance of the Arbitrator’s opinion, to file with the Arbitrator a motion to reconsider (accompanied by a supporting brief), and the other party shall have twenty (20) days from the date of the motion to respond. The Arbitrator thereupon shall reconsider the issues raised by the motion and, promptly, either confirm or change the decision, which (except as provided by law) shall then be final and conclusive upon the parties.

Arbitration Procedures. The Company and Executive Employee agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures Rules of the American Judicial Arbitration Association and Mediation Services, Inc. (“AAAJ.A.M.S.”) before an Arbitrator arbitrator who is licensed to practice law in the Commonwealth State of Virginia California or is a retired judge (“the Arbitrator”). The arbitration shall take place at in or near the city in which the Employee is or was last employed by the Company’s headquarters in Richmond, Virginia. The Arbitrator shall be selected as follows. The AAA : J.A.M.S. shall give each party the parties a list of eleven (11) arbitrators drawn from its panel of labor-management dispute arbitratorsArbitrators. Each party may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA J.A.M.S. shall furnish an additional list or lists until the an Arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim aroseState of California, or federal law, or both, as applicable to the claim(s) asserted. The Federal California Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations.

Arbitration Procedures. The Company Employer and Executive Employee agree that, except as provided in this Arbitration Agreement, that any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures Rule of the American Judicial Arbitration Association & Mediation Services, Inc. (“AAA”"JoAoMoS") before an Arbitrator arbitrator who is licensed to practice law in the Commonwealth of Virginia state in which the arbitration is convened (“the "Arbitrator”"). The arbitration shall take place at the Company’s headquarters in RichmondHouston, VirginiaTexas. The Arbitrator shall be selected as follows. The AAA : JoAoMoS shall give each party a list of eleven (11) 11 arbitrators drawn from its panel of labor-management dispute labor and employment arbitrators. Each party may strike all names on the list it deems unacceptable. If only one common name remains on the lists list of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists list of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists list of all parties, the AAA JoAoMoS shall furnish an additional list or lists until the an Arbitrator is selected. If, after four (4) lists, the parties have not agreed on an Arbitrator, JoAoMoS shall appoint one from a fifth list. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) , of the state in which the claim aroseof Texas, or federal law, or both, as applicable to the claim(s) asserted. The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including including, but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone , except for errors of law or as otherwise provided in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedurethis Agreement. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either partyparty may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award. Except as otherwise provided in this Agreement, upon request at both Employer and Employee agree that neither shall initiate or prosecute any lawsuit or administrative action in any way related to any claim covered by this Agreement other than an administrative charge of discrimination such as with the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the ArbitratorEqual Employment Opportunity Commission (EEOC) or other federal or state commission or agency. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations.

Arbitration Procedures. The Company and Executive I agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures of the American Arbitration Association (“AAA”) before an Arbitrator arbitrator who is licensed to practice law in the Commonwealth State of Virginia New York (“the Arbitrator”). The arbitration shall take place at in the Company’s headquarters in RichmondCounty of New York, VirginiaNew York. The Arbitrator shall be selected as follows. : The AAA shall give each party a list of eleven (11) 5 arbitrators drawn from its panel of labor-management dispute labor and employment arbitrators. Each party side may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that said individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists until the Arbitrator arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) assertedNew York. The Federal New York Rules of Of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules rules of Civil Procedure. 23 Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award. Except as otherwise provided in this Agreement, both the Company and I agree that neither of us shall initiate or prosecute any lawsuit or administration action (other than an administrative charge of discrimination) in any way related to any claim covered by this Agreement. The Arbitrator shall render an award and written opinion in the form typically rendered in labor arbitrations.

Arbitration Procedures. The Company Employer and Executive Employee agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures Rules of the American Judicial Arbitration Association & Mediation Services, Inc. (“AAA”"J-A-M-S") before an Arbitrator arbitrator who is licensed to practice law in the Commonwealth state in which the arbitration is convened (the "Arbitrator"). If J-A-M- S no longer exists, then the American Arbitration Association shall be substituted therefor for purposes of Virginia (“Arbitrator”)this Section 20. The arbitration shall take place at in or near the Company’s headquarters city in Richmond, Virginiawhich Employee is or was last employed by Employer. The Arbitrator shall be selected as follows. The AAA J-A-M-S shall give each party a list of eleven (11) 11 arbitrators drawn from its panel of labor-management dispute labor and employment arbitrators. Each party may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA J-A-M-S shall furnish an additional list or lists until the an Arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim aroseState of Texas, or federal law, or both, as applicable to the claim(s) asserted. The Federal Texas Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties, except as provided in this Agreement. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Texas Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. Either party may bring an action in a court as provided in Section 20 of this Agreement to compel arbitration under this Agreement and to enforce an arbitration award. Except as otherwise provided in this Agreement, both Employer and Employee agree that neither shall initiate or prosecute any lawsuit or administrative action (other than as required by applicable law) in any way related to any claim covered by this Agreement. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations.