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

Arbitration; Waiver of Jury Trial. The Parties hereby agree to submit any claim or dispute between Employee and the Company or any of the Company Releasees, including any dispute arising out of or relating to the terms of this Agreement, Employee’s employment or the termination thereof to binding arbitration by a single neutral arbitrator experienced in employment law. Subject to the terms of this Section, the arbitration proceedings shall be governed by the rules of the Judicial Arbitration and Mediation Services (“JAMS”) applicable to employment disputes as they may be in effect from time to time, and shall take place in Orange County, California. The arbitrator shall be appointed by agreement of the Parties hereto or, if no agreement can be reached, by JAMS pursuant to its rules. The decision of the arbitrator shall be rendered in writing and be final and binding on all Parties to this Agreement, and judgment thereon may be entered in any court having jurisdiction. All fees and costs payable to the Arbitrator or JAMS shall be paid by the Parties in accordance with JAMS rules; provided, however, that Employee shall not be required to pay any amount to the Arbitrator or JAMS that would be unique to arbitration or exceed the costs Employee would incur in pursuing the same claim(s) and action(s) in a court of competent jurisdiction. Any shortfall shall be paid by the Company. Each party shall bear his or its own attorneys’ fees, expert witness fees, witness expenses and other costs; provided, however, that the Arbitrator may award such costs, fees or expenses in accordance with applicable law. This arbitration procedure is intended to be the sole and exclusive method of resolving any dispute between Employee, the Company and/or the Company Releasees, including without limitation any claim for breach of this Agreement or otherwise arising out of or relating to this Agreement or Employee’s employment, and the Parties hereby waive any rights to a jury trial.

Arbitration; Waiver of Jury Trial. The Parties hereby agree to submit any claim or dispute between Employee and the Company or any of the Company Releasees, including any dispute arising out of or relating to the terms of this Agreement, Employee’s employment or the termination thereof to binding arbitration by a single neutral arbitrator experienced in employment law. Subject to the terms of this Section, the arbitration proceedings shall be governed by the rules of the Judicial Arbitration and Mediation Services (“JAMS”) applicable to employment disputes as they may be in effect from time to time, and shall take place in Orange Los Angeles County, California. The arbitrator shall be appointed by agreement of the Parties hereto or, if no agreement can be reached, by JAMS pursuant to its rules. The decision of the arbitrator shall be rendered in writing and be final and binding on all Parties to this Agreement, and judgment thereon may be entered in any court having jurisdiction. All fees and costs payable to the Arbitrator or JAMS shall be paid by the Parties in accordance with JAMS rules; provided, however, that Employee shall not be required to pay any amount to the Arbitrator or JAMS that would be unique to arbitration or exceed the costs Employee would incur in pursuing the same claim(s) and action(s) in a court of competent jurisdiction. Any shortfall shall be paid by the Company. Each party shall bear his his, her or its own attorneys’ fees, expert witness fees, witness expenses and other costs; provided, however, that the Arbitrator may award such costs, fees or expenses in accordance with applicable law. This arbitration procedure is intended to be the sole and exclusive method of resolving any dispute between Employee, the Company and/or the Company Releasees, including without limitation any claim for breach of this Agreement or otherwise arising out of or relating to this Agreement or Employee’s employment, and the Parties hereby waive any rights to a jury trial.

Arbitration; Waiver of Jury Trial. The Parties Except for claims for equitable or injunctive relief which cannot be timely addressed through arbitration (which claims may be brought in any state or federal court in Orange County, California), the parties hereby agree to submit any claim or dispute between Employee and the Company or any arising out of the Company Releaseesterms of this Agreement, including including, without limitation, claims regarding confidentiality under Section 8 of this Agreement and/or any dispute arising out of or relating to the terms of this Agreement, Employee’s Executive's employment or consulting relationship with the termination thereof Company in any way, to binding private and confidential arbitration by a single neutral arbitrator experienced in employment lawthrough JAMS. Subject to the terms of this Section, the All arbitration proceedings shall be governed by the then current JAMS rules of the Judicial Arbitration and Mediation Services (“JAMS”) applicable to governing employment disputes as they may be in effect from time to timedisputes, and shall take place in Orange County, California. The arbitrator shall be appointed by agreement of the Parties hereto or, if no agreement can be reached, by JAMS pursuant to its rules. The decision of the arbitrator shall be rendered in writing and shall be final and binding on all Parties parties to this Agreement, and judgment . Judgment thereon may be entered in any court having jurisdiction. All The Company shall advance the arbitrator's fee and all costs of services provided by the arbitrator and arbitration organization; however, all costs of the arbitration proceeding or litigation to enforce this Agreement, including attorneys' fees and costs payable witness expenses, may be awarded to the Arbitrator prevailing party in addition to such other relief as the arbitrator may determine. Except for claims for equitable or JAMS shall be paid by the Parties in accordance with JAMS rules; provided, however, that Employee shall injunctive relief which cannot be required to pay timely addressed through arbitration (which claims may be brought in any amount to the Arbitrator state or JAMS that would be unique to arbitration or exceed the costs Employee would incur federal court in pursuing the same claim(s) and action(s) in a court of competent jurisdiction. Any shortfall shall be paid by the Company. Each party shall bear his or its own attorneys’ feesOrange County, expert witness feesCalifornia), witness expenses and other costs; provided, however, that the Arbitrator may award such costs, fees or expenses in accordance with applicable law. This this arbitration procedure is intended to be the sole and exclusive method of resolving any dispute between Employee, the Company and/or the Company Releasees, including without limitation any claim for breach of this Agreement or otherwise arising out of or relating to the obligations set forth in this Agreement or Employee’s employment, and the Parties Agreement. Executive hereby waive waives any rights right to a jury trialtrial on any dispute or claim covered by this paragraph.

Arbitration; Waiver of Jury Trial. The Parties Except for claims for emergency equitable or injunctive relief which cannot be timely addressed through arbitration, the parties hereby agree to submit any claim or dispute between Employee and the Company or any arising out of the Company Releasees, including terms of this Agreement and/or any dispute arising out of or relating to the terms of this AgreementEmployee's employment with the Company in any way, Employee’s employment or the termination thereof to binding private and confidential arbitration by a single neutral arbitrator experienced in employment lawthrough JAMS/Endispute ("JAMS"). Subject All arbitration proceedings, unless otherwise required by law and subject to the terms of this Sectionparagraph, the arbitration proceedings shall be governed by the then current JAMS rules of the Judicial Arbitration and Mediation Services (“JAMS”) applicable to governing employment disputes as they may be in effect from time to timedisputes, and shall take place in Orange County, California. The arbitrator shall be appointed by agreement of the Parties hereto or, if no agreement can be reached, by JAMS pursuant to its rules. The decision of the arbitrator shall be rendered in writing and be final and binding on all Parties parties to this Agreement, and judgment thereon may be entered in any court having jurisdiction. All costs of the arbitration proceeding or litigation to enforce this Agreement, including attorneys' fees and costs payable to the Arbitrator or JAMS witness expense fees, shall be paid by as the Parties in accordance with JAMS rules; provided, however, that Employee shall not be required to pay any amount to the Arbitrator arbitrator or JAMS that would be unique to arbitration or exceed the costs Employee would incur in pursuing the same claim(s) and action(s) in a court of competent jurisdiction. Any shortfall shall be paid by the Company. Each party shall bear his or its own attorneys’ fees, expert witness fees, witness expenses and other costs; provided, however, that the Arbitrator may award such costs, fees or expenses awards in accordance with applicable law. This To the extent required by law, the Company will advance fees payable to JAMS. Except for claims for emergency equitable or injunctive relief, which cannot be timely addressed through arbitration, this arbitration procedure is intended to be the sole and exclusive method of resolving any dispute between Employee, the Company and/or the Company Releasees, including without limitation any claim for breach of this Agreement or otherwise arising out of or relating to the obligations set forth in this Agreement or Employee’s employment, and the Parties hereby waive any rights to a jury trialAgreement. THE EMPLOYEE HEREBY WAIVES ANY RIGHT TO A JURY TRIAL ON ANY DISPUTE OR CLAIM COVERED BY THIS PARAGRAPH WHETHER OR NOT THE CLAIM IS ADJUDICATED IN ARBITRATION.