Mediation/Arbitration. All disputes arising out of this Agreement shall be resolved as set forth in this Section 14. If any party hereto desires to make any claim arising out of this Agreement ("Claimant"), then such party shall first deliver to the other party ("Respondent") written notice ("Claim Notice") of Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of Sections 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this Section. Such arbitration shall be conducted before a panel of three (3) arbitrators in Tampa, Florida, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("AAA") then in effect provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in Sections 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.

Appears in 3 contracts

Samples: Employment Agreement (Marinemax Inc), Employment Agreement (Marinemax Inc), Employment Agreement (Marinemax Inc)

Mediation/Arbitration. All disputes arising out of this Agreement shall be resolved as set forth in this ~~Section 14~~paragraph 15. If any party hereto desires to make any claim arising out of this Agreement ("Claimant"), then such party shall first deliver to the other party ("Respondent") written notice ("Claim Notice") of Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of ~~Sections~~ paragraphs 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this Section. Such arbitration shall be conducted before a panel of three (3) arbitrators in Tampa, Florida, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("AAA") then in effect provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in Sections 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.,

Appears in 3 contracts

Samples: Employment Agreement (Marinemax Inc), Employment Agreement (Marinemax Inc), Employment Agreement (Marinemax Inc)

Mediation/Arbitration. All disputes arising out of this Agreement shall be resolved as set forth in this ~~Section 14~~paragraph 15. If any party hereto desires to make any claim arising out of this Agreement ("Claimant"), then such party shall first deliver to the other party ("Respondent") written notice ("Claim Notice") of Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of ~~Sections~~ paragraphs 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this ~~Section~~paragraph. Such arbitration shall be conducted before a panel of three (3) arbitrators in ~~Tampa~~San Jose, ~~Florida~~California, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("AAA") then in effect provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision ~~hereof nor to award punitive damages to any injured party~~hereof. The arbitrators shall have the authority to order all remedies otherwise available in a civil court, including, without limitation, back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without ~~disability or without~~ Good Cause, as defined ~~in Sections 4(b) and 4(c) hereof, respectively~~herein, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. The arbitration shall be conducted consistent with all applicable law, and the arbitration award shall be in writing, in a form capable of review if required by applicable law. Judgment may be entered on the arbitrators' award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.

Appears in 2 contracts

Samples: Control Severance Agreement (Synaptics Inc), Change of Control Severance Agreement (Synaptics Inc)

Mediation/Arbitration. All disputes arising out of this Agreement shall be resolved as set forth in this ~~Section 14~~paragraph 17. If any party hereto desires to make any claim arising out of this Agreement ("“Claimant"”), then such party shall first deliver to the other party ("“Respondent"”) written notice ("“Claim Notice"”) of Claimant's ’s intent to make such claim explaining Claimant's ’s reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("“Notice of Objection"”), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of ~~Sections 3 or~~ paragraph 7 hereof), initiated by either Claimant or Respondent pursuant to this ~~Section~~paragraph 17. Such arbitration shall be conducted before a panel of three (3) arbitrators in ~~Tampa~~San Jose, ~~Florida~~California, in accordance with the ~~National~~ Employment Arbitration Rules ~~for the Resolution of Employment Disputes~~ and Mediation Procedures of the American Arbitration Association ("“AAA"”) then in effect provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision ~~hereof nor to award punitive damages to any injured party~~hereof. The arbitrators shall have the authority to order all remedies otherwise available in a civil court, including, without limitation, back-pay, severance compensation, vesting of ~~options~~ stock-based compensation (or cash compensation in lieu of vesting of ~~options~~stock-based compensation), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without ~~disability or without~~ Good Cause, as defined ~~in Sections 4(b) and 4(c) hereof, respectively~~herein, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. The arbitration shall be conducted consistent with all applicable law, and the arbitration award shall be in writing, in a form capable of review if required by applicable law. Judgment may be entered on the arbitrators' ’ award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.

Appears in 2 contracts

Samples: Change of Control Severance Agreement (Synaptics Inc), Change of Control Severance Agreement (Synaptics Inc)

Mediation/Arbitration. All disputes arising out of this Agreement shall be resolved as set forth in this ~~Section 14~~paragraph 15. If any party hereto desires to make any claim arising out of this Agreement ("Claimant"), then such party shall first deliver to the other party ("Respondent") written notice ("Claim Notice") of Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of ~~Sections~~ paragraphs 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this ~~Section~~paragraph. Such arbitration shall be conducted before a panel of three (3) arbitrators in Tampa, Florida, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("AAA") then in effect provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in Sections 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.Arbitration

Appears in 2 contracts

Samples: Employment Agreement (Marinemax Inc), Employment Agreement (Marinemax Inc)

Mediation/Arbitration. All disputes arising out of this Agreement shall be resolved as set forth in this Section 14. If any party hereto desires to make any claim arising out of this Agreement ("“Claimant"”), then such party shall first deliver to the other party ("“Respondent"”) written notice ("“Claim Notice"”) of Claimant's ’s intent to make such claim explaining Claimant's ’s reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("“Notice of Objection"”), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of Sections 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this Section. Such arbitration shall be conducted before a panel of three (3) arbitrators in Tampa, Florida, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("“AAA"”) then in effect provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in Sections 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' ’ award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.

Appears in 2 contracts

Samples: Employment Agreement (Marinemax Inc), Employment Agreement (Marinemax Inc)

Mediation/Arbitration. All disputes arising out of this Agreement shall be resolved as set forth in this Section 1415. If any party hereto desires to make any claim arising out of the subject matter of this ~~Agreement~~ Agreement, including claims under state or federal law related to the terms and conditions, or termination of employment ("“Claimant"”), then such party shall first deliver to the other party ("“Respondent"”) written notice ("“Claim Notice"”) of Claimant's ’s intent to make such claim explaining Claimant's ’s reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("“Notice of Objection"”), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and ~~may~~ may, at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of Sections 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this Section. Such arbitration shall be conducted before a panel of three (3) arbitrators in ~~Tampa~~Portland, ~~Florida~~Oregon, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("“AAA"”) then in ~~effect~~ effect, provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in Sections 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' ’ award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.

Appears in 2 contracts

Samples: Employment Agreement (Schmitt Industries Inc), Employment Agreement (Schmitt Industries Inc)

Mediation/Arbitration. All disputes arising out of this Agreement shall be resolved as set forth in this ~~Section 14~~paragraph 15. If any party hereto desires to make any claim arising out of this Agreement ("Claimant"), then such party shall first deliver to the other party ("Respondent") written notice ("Claim Notice") of Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of ~~Sections~~ paragraphs 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this ~~Section~~paragraph. Such arbitration shall be conducted before a panel of three (3) arbitrators in Tampa, Florida, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("AAA") then in effect provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in ~~Sections~~ paragraphs 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.

Appears in 2 contracts

Samples: Employment Agreement (Marinemax Inc), Employment Agreement (Marinemax Inc)

Mediation/Arbitration. ~~All disputes arising out~~ In the event of a dispute concerning the subject matter of this ~~Agreement~~ Agreement, the parties shall in good faith attempt to resolve such dispute by negotiation between the parties’ principals, or, if such negotiation is unsuccessful, by mediation conducted by a third-party mediator. If such mediation results in an impasse, the parties shall submit their dispute to binding arbitration. Such mediation or, if necessary, binding arbitration shall be ~~resolved~~ conducted pursuant to the mediation procedures or the commercial arbitration rules of the American Arbitration Association. Any arbitration shall be conducted in the city in which Appraiser’s office as ~~set forth~~ specified herein is located. The parties shall share equally the costs of any mediation. In the event of binding arbitration, the arbitrators shall, in ~~this Section 14~~addition to any relief appropriate to be awarded to the prevailing party, enter an award in favor of the prevailing party for that party’s costs of the arbitration, including the party’s reasonable attorneys’ fees and arbitration expenses incurred in prosecuting or defending the arbitration proceeding. Subject to the right of the prevailing party to recover its share of the costs of the arbitration services pursuant to the arbitrator’s award, the costs of the arbitration services shall be borne equally by the parties. If the prevailing party seeks judicial confirmation of any arbitration award entered pursuant to this Agreement, the court shall, in addition to any other appropriate relief, enter an award to the prevailing party ~~hereto desires to make any claim arising out~~ in such confirmation proceeding for its reasonable attorneys’ fees and litigation expenses incurred in confirming or successfully opposing the confirmation of ~~this Agreement ("Claimant"), then~~ such an award. Special or Consequential Damages Neither party shall ~~first deliver~~ under any circumstances be liable to the other party ~~("Respondent") written notice ("Claim Notice")~~ for special, exemplary, punitive or consequential damages, including, without limitation, loss of ~~Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days~~ profits or damages proximately caused by loss of use of any property, whether arising from either party’s negligence, breach of the ~~date the Claim Notice~~ Agreement or otherwise, whether or not a party was ~~given to Respondent to object in writing to the claim ("Notice of Objection")~~advised, or ~~otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt~~ knew, of the ~~Notice~~ possibility of ~~Objection~~such damages, ~~if any, Claimant~~ or such possibility was foreseeable by that party. In no event shall Appraiser be liable to Client for any amounts that exceed the fees and ~~Respondent shall immediately seek~~ costs paid by Client to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of Sections 3 or 7 hereof), initiated by either Claimant or Respondent Appraiser pursuant to this Section. Such arbitration shall be conducted before a panel of three (3) arbitrators in Tampa, Florida, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("AAA") then in effect provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in Sections 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.

Appears in 2 contracts

Samples: legistarweb-production.s3.amazonaws.com, legistarweb-production.s3.amazonaws.com

Mediation/Arbitration. All disputes arising out of this Agreement shall be resolved as set forth in this Section 14. If any party hereto desires to make any claim arising out of this Agreement ("“Claimant"”), then such party shall first deliver to the other party ("“Respondent"”) written notice ("“Claim Notice"”) of Claimant's ’s intent to make such claim explaining Claimant's ’s reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("“Notice of Objection"”), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and ~~may~~ may, at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of Sections 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this Section. Such arbitration shall be conducted before a panel of three (3) arbitrators in ~~Tampa~~Portland, ~~Florida~~Oregon, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("“AAA"”) then in ~~effect~~ effect, provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in Sections 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' ’ award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.

Appears in 2 contracts

Samples: Employment Agreement (Schmitt Industries Inc), Employment Agreement (Schmitt Industries Inc)

Mediation/Arbitration. ~~All disputes arising out of this Agreement shall be resolved as set forth in this Section 14. If any party hereto desires to make any~~ Any dispute, controversy or claim arising under, out of, in connection with or in relation to this Agreement, or the breach, termination, validity or enforceability of ~~this Agreement~~ any provision hereof (a "~~Claimant~~Dispute"), ~~then such party shall first deliver to~~ if not resolved informally through negotiation between the other party ("Respondent") written notice ("Claim Notice") of Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection")parties, or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall will be submitted to non-binding ~~arbitration (except for claims arising out~~ mediation. The parties will mutually determine who the mediator will be from a list of Sections 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this Section. Such arbitration shall be conducted before a panel of three (3) arbitrators in Tampa, Florida, in accordance with the National Rules for the Resolution of Employment Disputes of mediators obtained from the American Arbitration Association office located in the city determined as set forth below in this Section 10 (the "AAA"~~) then in effect provided that~~ ). If the parties ~~may~~ are unable to agree ~~to use arbitrators other than those provided~~ on the mediator, the mediator will be selected by the AAA. ~~The arbitrators shall~~ If any Dispute is not ~~have~~ resolved through mediation, it will be resolved by final and binding arbitration conducted in accordance with and subject to the ~~authority to add to~~Commercial Arbitration Rules of the AAA then applicable. One arbitrator will be selected by the parties' mutual agreement or, ~~detract from~~failing that, ~~or modify any provision hereof nor to award punitive damages to any injured party~~by the AAA, and the arbitrator will allow such discovery as is appropriate, consistent with the purposes of arbitration in accomplishing fair, speedy and cost effective resolution of disputes. The ~~arbitrators shall have~~ arbitrator will reference the ~~authority~~ rules of evidence of the Federal Rules of Civil Procedure then in effect in setting the scope of discovery, except that no requests for admissions will be permitted and interrogatories will be limited to ~~order back-pay, severance compensation, vesting~~ identifying (a) persons with knowledge of ~~options~~ relevant facts and (~~or cash compensation in lieu of vesting of options), vesting~~ b) expert witnesses and their opinions and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in Sections 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and bindingbases therefor. Judgment upon the award rendered in any such arbitration may be entered ~~on the arbitrators' award~~ in any court having ~~jurisdiction~~jurisdiction thereof. ~~The direct expense of any~~ Any negotiation, mediation or arbitration conducted pursuant to this Section 10 and initiated by driversshield will take place in Plano, Texas, and in Plainview, New York if initiated by EDS. Other than those matters involving injunctive relief or any action necessary to enforce the award of the arbitrator, the parties agree that the provisions of this Section 10 are a complete defense to any suit, action or other proceeding ~~and,~~ instituted in any court or before any administrative tribunal with respect to any Dispute or the ~~extent Executive prevails, all reasonable legal fees shall be borne~~ performance of the EDS Services by EDS. Each party acknowledges and agrees that the ~~Company~~other party may seek injunctive relief in order to enforce the covenants set forth in Section 16(b) and (c). Nothing in this Section 10 prevents the parties from exercising their right to terminate this Agreement in accordance with Section 11.

Appears in 1 contract

Samples: Services Agreement (First Priority Group Inc)

Mediation/Arbitration. All disputes arising out of this Agreement shall be resolved as set forth in this Section 14. If any party hereto desires to make any claim arising out of this Agreement ("“Claimant"”), then such party shall first deliver to the other party ("“Respondent"”) written notice ("“Claim Notice"”) of Claimant's ’s intent to make such claim explaining Claimant's ’s reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("“Notice of Objection"”), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of Sections 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this Section. Such arbitration shall be conducted before a panel of three (3) arbitrators in Tampa, Florida, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("“AAA"”) then in effect provided that the parties may agree to use arbitrators other than those provided by the ~~AAA.~~ AAA The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in Sections 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' ’ award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.

Appears in 1 contract

Samples: Employment Agreement (Marinemax Inc)

Mediation/Arbitration. ~~All disputes arising out of~~ The parties agree to attempt to resolve any dispute relating to this ~~Agreement~~ agreement by mediation, which shall be ~~resolved as set forth~~ conducted under the then-current mediation procedures of The CPR Institute or any other mediation procedures upon which the parties may agree. The parties further agree that their good-faith participation in ~~this Section 14~~mediation is a condition precedent to pursuing any other available legal or equitable remedy. ~~If any~~ Either party ~~hereto desires to make any claim arising out of this Agreement ("Claimant"), then such party shall first deliver~~ may commence the mediation process by providing written notice to the other ~~party ("Respondent") written notice ("Claim Notice")~~ party, setting forth the subject of ~~Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond~~the dispute and the relief requested. ~~Respondent shall have ten (10)~~ Within 10 business days ~~from~~ after the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the ~~Notice~~ notice, the other party shall deliver a written response. The initial mediation session will be held within 30 days after the initial notice. The parties agree to share the costs and expenses of ~~Objection~~the mediation (which does not include the expenses incurred by each party for its own legal representation in connection with the mediation). The parties further agree that mediation proceedings are settlement negotiations, ~~if any~~and that all offers, ~~Claimant~~ promises, conduct and ~~Respondent~~ statements, whether oral or written, made in the course of the mediation by any of the parties or their agents will be confidential and inadmissible in any subsequent legal proceeding involving the parties; provided, however, that evidence that would be independently admissible or discoverable will not be rendered inadmissible or non-discoverable as a result of its use in the mediation. The parties agree that any settlement agreement that they may enter into during the mediation process is fully binding and enforceable by any court with jurisdiction of the dispute. The party seeking enforcement shall ~~immediately seek~~ be entitled to ~~resolve~~ an award of all costs, fees and expenses, including reasonable attorneys’ fees, to be paid by ~~good faith negotiations~~ the party against whom enforcement is ordered. In the event that a dispute is not settled by mediation, the parties agree that the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be ~~submitted to binding~~ exclusively settled by arbitration ~~(except for claims arising out of Sections 3 or 7 hereof), initiated~~ administered by either Claimant or Respondent pursuant to this Section. Such arbitration shall be conducted before a panel of three (3) arbitrators in Tampa, Florida, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("AAA") ~~then in effect provided that the parties may agree to~~ under its Commercial Arbitration Rules. Disputes involving $75,000 or less shall use ~~arbitrators other than those provided by~~ the AAA’s Expedited Rules. The parties shall mutually agree upon a single commercial arbitrator, and in the absence of agreement, the AAA shall select an arbitrator. The place of arbitration shall be Chicago, Illinois. Each party shall, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. The award of the arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in Sections 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision be accompanied by a ~~majority of the arbitration panel shall be final and binding~~reasoned opinion. Judgment on an arbitration award may be entered on in accordance with the ~~arbitrators' award~~ Federal Arbitration Act in in Cook County, Illinois. Either party may, notwithstanding the above, seek equitable relief in any proper court ~~having jurisdiction. The direct expense~~ in Cook County, Illinois to enjoin a breach or threatened breach of any ~~mediation or arbitration proceeding and,~~ obligations under this agreement that might cause irreparable harm without any requirement to ~~the extent Executive prevails, all reasonable legal fees shall be borne~~ post bond Governing Law. This agreement is governed by the ~~Company~~law of the State of Illinois, regardless of the laws that might otherwise govern under applicable choice-of-law principles.

Appears in 1 contract

Samples: Sifter Connect

Mediation/Arbitration. All disputes arising out of this Agreement shall be resolved as set forth in this ~~Section 14~~paragraph 15. If any party hereto desires to make any claim arising out of this Agreement ("Claimant"), then such party shall first deliver to the other party ("Respondent") written notice ("Claim Notice") of Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of ~~Sections~~ paragraphs 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this ~~Section~~paragraph. Such arbitration shall be conducted before a panel of three (3) arbitrators in Tampa, Florida, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("AAA") then in effect provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in Sections 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.other

Appears in 1 contract

Samples: Employment Agreement (Marinemax Inc)

Mediation/Arbitration. All disputes arising out of this Agreement shall be resolved as set forth in this ~~Section 14~~paragraph 15. If any party hereto desires to make any claim arising out of this Agreement ("Claimant"), then such party shall first deliver to the other party ("Respondent") written notice ("Claim Notice") of Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of ~~Sections~~ paragraphs 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this ~~Section~~paragraph. Such arbitration shall be conducted before a panel of three (3) arbitrators in Tampa, Florida, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("AAA") then in effect provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in ~~Sections~~ paragraphs 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final ~~and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding~~ and~~, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.~~

Appears in 1 contract

Samples: Employment Agreement (Marinemax Inc)

Mediation/Arbitration. ~~All disputes arising out of~~ The parties agree to attempt to resolve any dispute relating to this ~~Agreement~~ agreement by mediation, which shall be ~~resolved as set forth~~ conducted under the then-current mediation procedures of The CPR Institute or any other mediation procedures upon which the parties may agree. The parties further agree that their good-faith participation in ~~this Section 14~~mediation is a condition precedent to pursuing any other available legal or equitable remedy. ~~If any~~ Either party ~~hereto desires to make any claim arising out of this Agreement ("Claimant"), then such party shall first deliver~~ may commence the mediation process by providing written notice to the other ~~party ("Respondent") written notice ("Claim Notice")~~ party, setting forth the subject of ~~Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond~~the dispute and the relief requested. ~~Respondent shall have ten (10)~~ Within 10 business days ~~from~~ after the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the ~~Notice~~ notice, the other party shall deliver a written response. The initial mediation session will be held within 30 days after the initial notice. The parties agree to share the costs and expenses of ~~Objection~~the mediation (which does not include the expenses incurred by each party for its own legal representation in connection with the mediation). The parties further agree that mediation proceedings are settlement negotiations, ~~if any~~and that all offers, ~~Claimant~~ promises, conduct and ~~Respondent~~ statements, whether oral or written, made in the course of the mediation by any of the parties or their agents will be confidential and inadmissible in any subsequent legal proceeding involving the parties; provided, however, that evidence that would be independently admissible or discoverable will not be rendered inadmissible or non-discoverable as a result of its use in the mediation. The parties agree that any settlement agreement that they may enter into during the mediation process is fully binding and enforceable by any court with jurisdiction of the dispute. The party seeking enforcement shall ~~immediately seek~~ be entitled to ~~resolve~~ an award of all costs, fees and expenses, including reasonable attorneys’ fees, to be paid by ~~good faith negotiations~~ the party against whom enforcement is ordered. In the event that a dispute is not settled by mediation, the parties agree that the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be ~~submitted to binding~~ exclusively settled by arbitration ~~(except for claims arising out of Sections 3 or 7 hereof), initiated~~ administered by either Claimant or Respondent pursuant to this Section. Such arbitration shall be conducted before a panel of three (3) arbitrators in Tampa, Florida, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("AAA") ~~then in effect provided that the parties may agree to~~ under its Commercial Arbitration Rules. Disputes involving $75,000 or less shall use ~~arbitrators other than those provided by~~ the AAA’s Expedited Rules. The parties shall mutually agree upon a single commercial arbitrator, and in the absence of agreement, the AAA shall select an arbitrator. The place of arbitration shall be Chicago, Illinois. Each party shall, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. The award of the arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in Sections 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision be accompanied by a ~~majority of the arbitration panel shall be final and binding~~reasoned opinion. Judgment on an arbitration award may be entered on in accordance with the ~~arbitrators' award~~ Federal Arbitration Act in in Xxxx County, Illinois. Either party may, notwithstanding the above, seek equitable relief in any proper court ~~having jurisdiction. The direct expense~~ in Xxxx County, Illinois to enjoin a breach or threatened breach of any ~~mediation or arbitration proceeding and,~~ obligations under this agreement that might cause irreparable harm without any requirement to ~~the extent Executive prevails, all reasonable legal fees shall be borne~~ post bond Governing Law. This agreement is governed by the ~~Company~~law of the State of Illinois, regardless of the laws that might otherwise govern under applicable choice-of-law principles.

Appears in 1 contract

Samples: Sifter Api Terms of Use

Mediation/Arbitration. ~~All disputes arising out of this Agreement~~ Except for a dispute under Section 8 which shall be ~~resolved as set forth in this~~ subject to the provisions of Section ~~14. If any party hereto desires to make any claim arising out of this Agreement ("Claimant")~~9, ~~then such~~ neither party shall ~~first deliver to the other~~ institute an arbitration proceeding hereunder, before that party ("Respondent") written notice ("Claim Notice") of Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable has sought to resolve the dispute ~~in writing~~ through direct negotiation with the other party. If the dispute is not resolved within ~~ten (10) business days~~ three weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through nonbinding mediation. If the parties do not promptly agree on a mediator, then either party may notify the CPR Institute for Dispute Resolution, 366 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, xx initiate selection of a mediator from the ~~date negotiations began~~CPR Panel of Neutrals. The fees and expenses of the mediator shall be paid one-half each by each party. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, ~~then without~~ as determined by the ~~necessity of further agreement of Claimant or Respondent~~mediator, the ~~dispute set forth in~~ mediator shall issue a written statement to the ~~Claim Notice~~ parties to that effect and the aggrieved party may then seek relief through arbitration, which shall be ~~submitted to binding arbitration (except for claims arising out of Sections 3 or 7 hereof)~~binding, ~~initiated by either Claimant or Respondent~~ before a single arbitrator pursuant to ~~this Section. Such arbitration shall be conducted before a panel of three (3) arbitrators in Tampa, Florida, in accordance with~~ the ~~National~~ Commercial Arbitration Rules ~~for the Resolution of Employment Disputes~~ of the American Arbitration Association (the "~~AAA~~Association"~~) then~~ ). The place of arbitration shall be Detroit, Michigan. Arbitration may be commenced at any time by any party hereto after giving written notice in ~~effect provided that~~ the ~~parties may agree to use arbitrators other than those provided~~ manner described in Section 13 of this Employment Agreement. The arbitrator shall be selected by the ~~AAA. The arbitrators shall~~ joint agreement of each party, but if they do not ~~have~~ so agree within twenty (20) days after the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the ~~termination~~ notice referred to above, the selection shall be made pursuant to the rules from the panels of ~~Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event~~ the arbitrators ~~determine~~ maintained by such Association. The arbitrator shall render his decision within one hundred eighty (180) days of appointment. Any award rendered by the arbitrator shall be conclusive and binding upon the parties hereto; provided, however, that Executive was terminated without disability or without Good Cause, as defined in Sections 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision any such award shall be accompanied by a ~~majority~~ written opinion of the arbitrator giving the reasons for the award. This provision for arbitration ~~panel~~ shall be specifically enforceable by the parties and the decision of the arbitrator in accordance herewith shall be final and ~~binding~~binding and there shall be no right of appeal therefrom. Judgment upon the award rendered by the arbitrator in accordance herewith shall be final and binding and there shall be no right of appeal therefrom. Judgment upon the award rendered by the arbitrator may be entered ~~on the arbitrators' award in~~ by any court having ~~jurisdiction~~jurisdiction thereof. The ~~direct expense~~ costs and expenses of ~~any mediation or arbitration proceeding and~~arbitration, to including attorneys' fees and expenses of the ~~extent Executive prevails, all reasonable legal fees~~ arbitrator shall be ~~borne~~ paid entirely by the ~~Company~~nonprevailing party and in addition the nonprevailing party shall reimburse the other party for the fees and expenses of mediation incurred by such party, unless the arbitrator determines that the costs, expenses and attorneys' fees should be apportioned between the parties, then as the arbitrator may assess. The arbitrator shall not be permitted to award punitive or similar type damages under any circumstances. As set forth in the first phrase of the first sentence of this section 10, this arbitration provision shall constitute the sole and exclusive remedy for any dispute under this Employment Agreement.

Appears in 1 contract

Samples: Employment Agreement (Glasstech Inc)

Mediation/Arbitration. All disputes arising out of this Agreement shall be resolved as set forth in this ~~Section 14~~paragraph 15. If any party hereto desires to make any claim arising out of this Agreement ("“Claimant"”), then such party shall first deliver to the other party ("“Respondent"”) written notice ("“Claim Notice"”) of Claimant's ’s intent to make such claim explaining Claimant's ’s reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("“Notice of Objection"”), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of ~~Sections~~ paragraphs 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this ~~Section~~paragraph. Such arbitration shall be conducted before a panel of three (3) arbitrators in ~~Tampa~~San Jose, ~~Florida~~California, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("“AAA"”) then in effect provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision ~~hereof nor to award punitive damages to any injured party~~hereof. The arbitrators shall have the authority to order all remedies otherwise available in a civil court, including, without limitation, back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without ~~disability or without~~ Good Cause, as defined ~~in Sections 4(b) and 4(c) hereof, respectively~~herein, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. The arbitration shall be conducted consistent with all applicable law, and the arbitration award shall be in writing, in a form capable of review if required by applicable law. Judgment may be entered on the arbitrators' ’ award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Synaptics Inc)

Mediation/Arbitration. All disputes arising out of this Agreement shall be resolved as set forth in this ~~Section 14~~paragraph 15. If any party hereto desires to make any claim arising out of this Agreement ("Claimant"), then such party shall first deliver to the other party ("Respondent") written notice ("Claim Notice") of Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of ~~Sections~~ paragraphs 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this ~~Section~~paragraph. Such arbitration shall be conducted before a panel of three (3) arbitrators in Tampa, Florida, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("AAA") then in effect provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in Sections 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.be

Appears in 1 contract

Samples: Employment Agreement (Marinemax Inc)

Mediation/Arbitration. All claims or disputes ~~arising out of~~ relating to this Agreement ~~shall~~ or my employment with the Company including but not limited to any disputes or claims relating to my compensation, benefits, promotions, demotions, discipline, treatment, adverse employment actions, discharge and other terms and conditions of my employment which cannot be ~~resolved as set forth in this Section 14. If any party hereto desires to make any claim arising out of this Agreement ("Claimant")~~settled through direct discussions, then such party shall first deliver to the other party ("Respondent") written notice ("Claim Notice") of Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to mediation administered by the National Arbitration Forum under its rules in effect on the date of this Agreement. If such claim or dispute cannot be settled by mediation, the Company and Employee agree to settle the claim or dispute by binding arbitration ~~(except for claims arising out of Sections 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this Section. Such arbitration shall be conducted~~ before a ~~panel of three (3) arbitrators in Tampa, Florida,~~ single arbitrator in accordance with the ~~National Rules for the Resolution of Employment Disputes~~ rules of the ~~American~~ National Arbitration ~~Association ("AAA") then~~ Forum in effect ~~provided that~~ on the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in Sections 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. ~~A decision by~~ The Company and Employee hereby waive any right to a ~~majority~~ jury trial in favor of arbitration of any such claims or disputes including any and all claims for compensation or benefits of any kind, breach of contract, discrimination, harassment, retaliation, any tort of any nature, and any and all claims arising under any federal, state or local statute, law, ordinance or regulation, including but not limited to the Civil Rights Act of 1866, 1964 (Title VII) and 1991, the Age Discrimination and Employment Act of 1967, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, the Equal Pay Act, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act, and all amendments to such laws; except an action for damages or injunctive relief to enforce any provisions of this Agreement or those related to the breach or threatened breach of the Company’s Employee Agreement may, at the Company’s discretion be brought in any court having jurisdiction thereof or be settled by arbitration ~~panel~~ pursuant to this Section 17. Any award entered by the arbitrator, including awards for monetary damages and injunctive relief, shall be final and ~~binding. Judgment~~ binding and judgment may be entered ~~on the arbitrators' award~~ thereon by any party in any court ~~having~~ of competent jurisdiction. The ~~direct expense~~ Federal Rules of Civil Procedure and the Federal Rules of Evidence shall apply to any ~~mediation~~ arbitration proceedings and the arbitrator shall have the power to decide any motions brought by Employee or ~~arbitration proceeding and,~~ the Company including motions for summary judgment. The arbitrator shall have the power to award attorney’s fees and costs available under applicable law. Except as otherwise agreed by the ~~extent Executive prevails~~Company and Employee, all ~~reasonable legal fees~~ mediation and arbitration proceedings shall be ~~borne by the Company~~held in Santa Xxxxx County, California.

Appears in 1 contract

Samples: Employee Release Agreement (Intersil Corp/De)

Mediation/Arbitration. All disputes arising out of this Agreement shall be resolved as set forth in this Section 1415. If any party hereto desires to make any claim arising out of the subject matter of this ~~Agreement~~ Agreement, including claims under state or federal law related to the terms and conditions, or termination of employment ("Claimant"), then such party shall first deliver to the other party ("Respondent") written notice ("Claim Notice") of Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten ~~(10~~( I 0) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and ~~may~~ may, at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten ~~(10~~( l 0) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of Sections 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this Section. Such arbitration shall be conducted before a panel of three (3) arbitrators in ~~Tampa~~Portland, ~~Florida~~Oregon, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("AAA") then in ~~effect~~ effect, provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in Sections 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.

Appears in 1 contract

Samples: Employment Agreement (Schmitt Industries Inc)

Mediation/Arbitration. All disputes arising out of this Agreement shall be resolved as set forth in this ~~Section 14~~paragraph 15. If any party hereto desires to make any claim arising out of this Agreement ("“Claimant"”), then such party shall first deliver to the other party ("“Respondent"”) written notice ("“Claim Notice"”) of Claimant's ’s intent to make such claim explaining Claimant's ’s reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("“Notice of Objection"”), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of ~~Sections~~ paragraphs 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this ~~Section~~paragraph. Such arbitration shall be conducted before a panel of three (3) arbitrators in Tampa, Florida, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("“AAA"”) then in effect provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in ~~Sections~~ paragraphs 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' ’ award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.

Appears in 1 contract

Samples: Employment Agreement (Marinemax Inc)

Mediation/Arbitration. All disputes arising out of this Agreement shall be resolved as set forth in this ~~Section 14~~paragraph 16. If any party hereto desires to make any claim arising out of this Agreement ("“Claimant"”), then such party shall first deliver to the other party ("“Respondent"”) written notice ("“Claim Notice"”) of Claimant's ’s intent to make such claim explaining Claimant's ’s reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("“Notice of Objection"”), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of ~~Sections 3 or 7~~ paragraph 6 hereof), initiated by either Claimant or Respondent pursuant to this ~~Section~~paragraph 16. Such arbitration shall be conducted before a panel of three (3) arbitrators in ~~Tampa~~San Jose, ~~Florida~~California, in accordance with the ~~National~~ Employment Arbitration Rules ~~for the Resolution of Employment Disputes~~ and Mediation Procedures of the American Arbitration Association ("“AAA"”) then in effect provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision ~~hereof nor to award punitive damages to any injured party~~hereof. The arbitrators shall have the authority to order all remedies otherwise available in a civil court, including, without limitation, back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without ~~disability or without~~ Good Cause, as defined ~~in Sections 4(b) and 4(c) hereof, respectively~~herein, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. The arbitration shall be conducted consistent with all applicable law, and the arbitration award shall be in writing, in a form capable of review if required by applicable law. Judgment may be entered on the arbitrators' ’ award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Synaptics Inc)

Mediation/Arbitration. All disputes arising out of this Agreement shall be resolved as set forth in this ~~Section 14~~paragraph 15. If any party hereto desires to make any claim arising out of this Agreement ("Claimant"), then such party shall first deliver to the other party ("Respondent") written notice ("Claim Notice") of Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall 13 be submitted to binding arbitration (except for claims arising out of ~~Sections~~ paragraphs 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this ~~Section~~paragraph. Such arbitration shall be conducted before a panel of three (3) arbitrators in Tampa, Florida, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("AAA") then in effect provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in ~~Sections~~ paragraphs 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding ~~and, to the extent Executive prevails, all reasonable legal fees~~ shall be borne by the Company.

Appears in 1 contract

Samples: Employment Agreement (Marinemax Inc)

Common use of Mediation/Arbitration Clause in Contracts