Common use of Arbitration; Severability Clause in Contracts

Arbitration; Severability. (a) Any dispute, claim or controversy between the parties with respect to the performance or interpretation of this Agreement or Employee's employment at Company which cannot be resolved between the parties shall be finally resolved by a binding arbitration to be conducted by a single arbitrator under the auspices of and in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") at a mutually acceptable place in St. Louis County, Missouri. The arbitrator shall be bound by the terms and conditions of this Agreement and shall have no power, in rendering the award to alter or depart from any express provision of this Agreement or to make a decision which is not supported by law and substantial evidence. Each party shall bear the costs of its own attorneys and experts, and the parties shall equally bear the costs, charges, and expenses, including the fees, charges, and expenses of the arbitrator and the AAA. Notwithstanding the parties' agreement to arbitrate, the parties reserve all of their respective rights to seek provisional remedies before the courts which they would have at law or equity, including temporary restraining orders, injunctions or other similar relief. (b) It is the desire and the intent of the parties that the terms and conditions of this Agreement shall be enforced to the fullest extent permissible. Accordingly, if any particular term or condition of this Agreement shall be adjudicated or become by operation of law invalid or unenforceable, this Agreement shall be deemed amended to delete therefrom such term or condition and the remainder of this Agreement shall remain in full force and effect. A deletion resulting from any adjudication shall apply only with respect to the operation of that term or condition in the particular jurisdiction in which such adjudication is made.