Common use of Claims Not Subject to Arbitration Clause in Contracts

Claims Not Subject to Arbitration. This Section 10.9 does not preclude either party from making an application to a court of competent jurisdiction for: (a) provisional remedies (e.g., temporary restraining order or preliminary injunction) pursuant to California Code of Civil Procedure section 1281.8; or (b) a temporary restraining order or injunction under California Code of Civil Procedure section 527.8 in order to obtain protection against employee violence or threats of violence. This Section 10.9 also does not apply to any claims by Executive: (i) for workers' compensation benefits; (ii) for unemployment insurance benefits; (iii) under a benefit plan where the plan specifies a separate arbitration procedure; (iv) filed with an administrative agency which are not legally subject to arbitration under this Agreement; or (v) which are otherwise expressly prohibited by law from being subject to arbitration under this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Primal Solutions Inc), Employment Agreement (Primal Solutions Inc), Employment Agreement (Primal Solutions Inc)

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Claims Not Subject to Arbitration. This Section 10.9 does not preclude either party from making an application to a court of competent jurisdiction for: (a) provisional remedies (e.g., temporary restraining order or preliminary injunction) pursuant to California Code of Civil Procedure section Section 1281.8; or (b) a temporary restraining order or injunction under California Code of Civil Procedure section Section 527.8 in order to obtain protection against employee violence or threats of violence. This Section 10.9 also does not apply to any claims by the Executive: (i) for workers' ’ compensation benefits; (ii) for unemployment insurance benefits; (iii) under a benefit plan where the plan specifies a separate arbitration procedure; (iv) filed with an administrative agency which are not legally subject to arbitration under this Agreement; or (v) which are otherwise expressly prohibited by law from being subject to arbitration under this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Primal Solutions Inc)

Claims Not Subject to Arbitration. This Section 10.9 7 does not preclude either party from making an application to a court of competent jurisdiction for: (a) provisional remedies (e.g., a temporary restraining order or preliminary injunction) pursuant to California Code of Civil Procedure section 1281.8; or (b) a temporary restraining order or an injunction under California Code of Civil Procedure section 527.8 in order to obtain protection against employee violence or threats of violence527.8. This Section 10.9 7 also does not apply to any claims by Executive: (i) for workers' compensation benefits; (ii) for unemployment insurance benefits; (iii) under a benefit plan where the plan specifies a separate arbitration procedure; (iv) filed with an administrative agency which are is not legally subject to arbitration under this Agreement; or (v) which are otherwise expressly prohibited by law from being subject to arbitration under this Agreement.

Appears in 1 contract

Samples: Severance Agreement and Mutual General Release (American Mold Guard Inc)

Claims Not Subject to Arbitration. This Section 10.9 section 7 does not preclude either party from making an application to a court of competent jurisdiction for: (a) provisional remedies (e.g., a temporary restraining order or preliminary injunction) pursuant to California Code of Civil Procedure section 1281.8; or (b) a temporary restraining order or an injunction under California Code of Civil Procedure section 527.8 in order to obtain protection against employee violence or threats of violence. This Section 10.9 section 7 also does not apply to any claims by Executive: (i) for workers' compensation benefits; (ii) for unemployment insurance benefits; (iii) under a benefit plan where the plan specifies a separate arbitration procedure; (iv) filed with an administrative agency which are not legally subject to arbitration under this Agreement; or (v) which are otherwise expressly prohibited by law from being subject to arbitration under this Agreement.

Appears in 1 contract

Samples: Transition Agreement and General Release (Primal Solutions Inc)

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Claims Not Subject to Arbitration. This Section 10.9 does not preclude either party from making an application to a court of competent jurisdiction for: (a) provisional remedies (e.g., temporary restraining order or preliminary injunction) pursuant to California Code of Civil Procedure section 1281.8; or (b) a temporary restraining order or injunction under California Code of Civil Procedure section 527.8 in order to obtain protection against employee violence or threats of violence. This Section 10.9 also does not apply to any claims by the Executive: (i) for workers' ’ compensation benefits; (ii) for unemployment insurance benefits; (iii) under a benefit plan where the plan specifies a separate arbitration procedure; (iv) filed with an administrative agency which are not legally subject to arbitration under this Agreement; or (v) which are otherwise expressly prohibited by law from being subject to arbitration under this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Primal Solutions Inc)

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