Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.
Appears in 72 contracts
Samples: Change in Control Severance Agreement (Gigamon LLC), Change of Control Severance Agreement (Linear Technology Corp /Ca/), Change of Control and Severance Agreement (Thermage Inc)
Remedy. Except as provided by the Act and this AgreementRules, arbitration will shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 69 contracts
Samples: Ronald Kisling Employment Agreement (Nanometrics Inc), Executive Employment Agreement (Avi Biopharma Inc), Schaefer Employment Agreement (Nanometrics Inc)
Remedy. Except as provided by the Act and this AgreementAct, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 69 contracts
Samples: Employment Agreement (Geeknet, Inc), Employment Agreement (Pulse Biosciences, Inc.), Employment Agreement (Geeknet, Inc)
Remedy. Except as provided by the Act and this AgreementRules, arbitration will be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 54 contracts
Samples: Executive Employment Agreement (NeurogesX Inc), Executive Employment Agreement (NeurogesX Inc), Executive Employment Agreement (NeurogesX Inc)
Remedy. Except as provided by the Act and this AgreementAct, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 47 contracts
Samples: Change of Control and Severance Agreement (Audience Inc), Change of Control Severance Agreement (Quotient Technology Inc.), Change of Control and Severance Agreement (Veracyte, Inc.)
Remedy. Except as provided by this Agreement and by the Act and this AgreementRules, including any provisional relief offered therein, arbitration will be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act Rules and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.
Appears in 23 contracts
Samples: Executive Employment Agreement (Trevena Inc), Executive Employment Agreement (Trevena Inc), Executive Employment Agreement (Trevena Inc)
Remedy. Except as provided by this Agreement and by the Act and this AgreementRules, including any provisional relief offered therein, arbitration will be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act Rules and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 18 contracts
Samples: Executive Employment Agreement (Impinj Inc), Executive Employment Agreement (Trevena Inc), Fein Employment Agreement (Impinj Inc)
Remedy. Except as provided by the Act and this Agreement, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive you and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive you nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.
Appears in 14 contracts
Samples: Letter Agreement (Splunk Inc), Letter Agreement (Splunk Inc), Letter Agreement (Splunk Inc)
Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive Employee and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive Employee nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.
Appears in 13 contracts
Samples: Change of Control and Severance Agreement (Cutera Inc), Employment Agreement (Kythera Biopharmaceuticals Inc), Change of Control and Severance Agreement (Cutera Inc)
Remedy. Except as provided by the Act and this Agreementrules, arbitration will shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreementrules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 10 contracts
Samples: Change of Control Agreement (Ziprealty Inc), Passarello Employment Agreement (Therma Wave Inc), Employment Agreement (Copart Inc)
Remedy. Except as provided by the Act and this Agreement, arbitration will Arbitration shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law that the Company has not adopted.
Appears in 10 contracts
Samples: Employment Agreement (SOC Telemed, Inc.), Employment Agreement (SOC Telemed, Inc.), Severance and Change in Control Agreement (SOC Telemed, Inc.)
Remedy. Except as provided by the Act and this COC Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this COC Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.
Appears in 9 contracts
Samples: Change of Control Severance Agreement (Plantronics Inc /Ca/), Change of Control Severance Agreement (Plantronics Inc /Ca/), Change of Control Severance Agreement (Plantronics Inc /Ca/)
Remedy. Except as provided by the Act and this AgreementAct, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law that the Company has not adopted.
Appears in 8 contracts
Samples: Severance and Change in Control Agreement (Arcadia Biosciences, Inc.), Employment Agreement (Flexible Solutions International Inc), Severance and Change in Control Agreement (Arcadia Biosciences, Inc.)
Remedy. Except as provided by the Act Rules and this Agreement, arbitration will shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for and by the Act Rules and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 7 contracts
Samples: And Invention Assignment Agreement (Supergen Inc), Employment and Confidential Information (Supergen Inc), Employment and Confidential Information and Invention Assignment Agreement (Supergen Inc)
Remedy. Except as provided by the Act and this Agreement, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.
Appears in 6 contracts
Samples: Separation Agreement and Release (Loyalty Alliance Enterprise Corp), Employment Agreement (Align Technology Inc), Employment Agreement (Align Technology Inc)
Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between the Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither the Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.
Appears in 5 contracts
Samples: Change of Control and Severance Agreement (Quantenna Communications Inc), Change of Control and Severance Agreement (Quantenna Communications Inc), Change of Control and Severance Agreement (Quantenna Communications Inc)
Remedy. Except as provided by the Act and elsewhere in this Agreement, arbitration will shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and elsewhere in this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and that the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 4 contracts
Samples: Executive Employment Agreement (Komag Inc /De/), Executive Employment Agreement (Komag Inc /De/), Employment Agreement (Komag Inc /De/)
Remedy. Except as provided by the CCP Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between the Executive and the Company. Accordingly, except as provided for by the CCP Act and this Agreement, neither the Executive nor the Company will be permitted to pursue or participate in a court action regarding claims that are subject to arbitration.
Appears in 3 contracts
Samples: Change of Control and Severance Agreement (Talend S.A.), Change of Control and Severance Agreement (Talend SA), Change of Control and Severance Agreement (Talend S.A.)
Remedy. Except as provided by the Act and this Agreement, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 2 contracts
Samples: Executive Employment Agreement (Invitae Corp), Executive Employment Agreement (Invitae Corp)
Remedy. Except as provided by the Act and this Agreement, arbitration will shall be the sole, exclusive, and final remedy for any dispute between the Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither the Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.
Appears in 2 contracts
Samples: Employment Agreement (Align Technology Inc), Employment Agreement (Align Technology Inc)
Remedy. Except as provided by the Act and this AgreementRules, arbitration will shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.
Appears in 2 contracts
Samples: Agreement (Veeco Instruments Inc), Employment Agreement (Fei Co)
Remedy. Except as provided by the Act RULES and this Agreement, arbitration will shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and RULES or this Agreement, neither Executive nor the Company will be permitted to pursue or participate in a court action regarding claims that are subject to arbitration.
Appears in 1 contract
Remedy. Except as provided by the Act and this Agreement, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will shall be permitted to pursue court action regarding claims that are subject to arbitration.
Appears in 1 contract
Remedy. Except as provided by the Act and this AgreementRules, arbitration will be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.
Appears in 1 contract
Samples: Employment Agreement (Iridex Corp)
Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 1 contract
Samples: Severance and Change in Control Agreement (Cyan Inc)
Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. 13.4.
Appears in 1 contract
Samples: Rocket Fuel Management Retention Agreement (Rocket Fuel Inc.)
Remedy. Except as provided by the Act and this AgreementAct, arbitration will be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 1 contract
Samples: Change of Control and Severance Agreement (CareDx, Inc.)
Remedy. Except as provided by the Act and this AgreementAct, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 1 contract
Samples: Employment Agreement (Intermedia Cloud Communications, Inc.)
Remedy. Except as provided by the Act and this AgreementAct, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.
Appears in 1 contract
Samples: Employment Agreement (Xpeng Inc.)
Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute arising out of the terms of this agreement between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.
Appears in 1 contract
Samples: Change of Control Severance Agreement (BofI Holding, Inc.)
Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive and the -10- Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.
Appears in 1 contract
Samples: Change in Control Severance Agreement (Gigamon Inc.)
