Common use of Remedy Clause in Contracts

Remedy. Arbitration shall be the sole, exclusive and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive and the Company. Accordingly, except as otherwise provided herein, 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 14 contracts

Samples: Employment Agreement (Mavenir Systems Inc), Employment Agreement (Mavenir Private Holdings II Ltd.), Employment Agreement (Mavenir Systems Inc)

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Remedy. Arbitration Except as provided by the Rules and this Agreement, arbitration shall be the sole, exclusive and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as otherwise provided hereinfor and by the 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, law which the Company has not adopted.

Appears in 8 contracts

Samples: Employment Agreement (Cortex Pharmaceuticals Inc/De/), Employment Agreement (RespireRx Pharmaceuticals Inc.), Employment Agreement (Cortex Pharmaceuticals Inc/De/)

Remedy. Arbitration shall be the sole, exclusive and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this AgreementEPIA, which shall be resolved in accordance with the dispute resolution procedures set forth therein) between Executive and the Company. Accordingly, except as otherwise provided herein, 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: Executive Employment Agreement (Alkami Technology, Inc.), Executive Employment Agreement (Alkami Technology, Inc.), Executive Employment Agreement (Threshold Pharmaceuticals Inc)

Remedy. Arbitration Except as otherwise provided by law or this Agreement, arbitration shall be the sole, exclusive exclusive, and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive and the Company. Accordingly, except as otherwise provided hereinby law or this Agreement, neither Executive nor and the Company will be permitted hereby waive the right to pursue court action regarding claims that are subject seek remedies for any such disputes in court, including the right to arbitrationa jury trial. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law, law which the Company has not adopted.

Appears in 6 contracts

Samples: Severance and Change in Control Agreement (First Financial Bancorp /Oh/), Severance and Change in Control Agreement (First Financial Bancorp /Oh/), Severance and Change in Control Agreement (First Financial Bancorp /Oh/)

Remedy. Arbitration shall be the sole, exclusive exclusive, and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive and the Company. Accordingly, except as otherwise provided hereinby this Agreement or to enforce a judgement against the Company, 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 will not order or require the Company to adopt a policy not otherwise required by law, which law that the Company has not adopted.

Appears in 5 contracts

Samples: Employment Agreement (Granite Point Mortgage Trust Inc.), Employment Agreement (Granite Point Mortgage Trust Inc.), Employment Agreement (Granite Point Mortgage Trust Inc.)

Remedy. Arbitration shall Except as provided by the Rules, arbitration will be the sole, exclusive exclusive, and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive and the Company. Accordingly, except as otherwise provided hereinfor by the Rules, 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 policypolicy unless such policy is in conflict with the explicit terms of this Agreement, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law, law which the Company has not adopted.

Appears in 5 contracts

Samples: Katy Murray Employment Agreement (Taleo Corp), Melin Employment Agreement (Taleo Corp), Taleo Corporation (Taleo Corp)

Remedy. Arbitration shall Except as provided by the Rules and Sections 16(d) and 16(e) hereof, arbitration will be the sole, exclusive and final remedy for any dispute (with between the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive and the Company. Accordingly, except as otherwise provided hereinfor by the Rules, neither the Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. NotwithstandingNotwithstanding the foregoing, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law, law which the Company has not adopted.

Appears in 3 contracts

Samples: Employment Agreement (Ellie Mae Inc), Employment Agreement (Ellie Mae Inc), Employment Agreement (Ellie Mae Inc)

Remedy. Arbitration shall be the sole, exclusive and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive and the Company. Accordingly, except as otherwise provided herein, 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 3 contracts

Samples: Executive Employment Agreement (Castle Biosciences Inc), Executive Employment Agreement (Castle Biosciences Inc), Executive Employment Agreement (Castle Biosciences Inc)

Remedy. Arbitration Except as provided by the rules, arbitration shall be the sole, exclusive and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive and the Company. Accordingly, except as otherwise provided hereinfor by the Rules, 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, law which the Company has not adopted.

Appears in 3 contracts

Samples: Charles Baker Employment Agreement (Ziprealty Inc), Charles Baker Employment Agreement (Ziprealty Inc), Employment Agreement (Copart Inc)

Remedy. Arbitration Except as provided by the Act, arbitration shall be the sole, exclusive exclusive, and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive and the Company. Accordingly, except as otherwise provided hereinby 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 FORM ONLY - NOT FOR EXECUTION lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law, which law that the Company has not adopted.

Appears in 3 contracts

Samples: Severance and Change in Control Agreement (Arcadia Biosciences, Inc.), Severance and Change in Control Agreement (Arcadia Biosciences, Inc.), Severance and Change in Control Agreement (Arcadia Biosciences, Inc.)

Remedy. Arbitration Except as otherwise provided by law or this Agreement, arbitration shall be the sole, exclusive exclusive, and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive Employee and the Company. Accordingly, except as otherwise provided hereinby law or this Agreement, neither Executive nor Employee and the Company will be permitted hereby waive the right to pursue court action regarding claims that are subject seek remedies for any such disputes in court, including the right to arbitrationa jury trial. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law, law which the Company has not adopted.

Appears in 2 contracts

Samples: Employment And (First Financial Bancorp /Oh/), Restricted Stock Award Agreement (First Financial Bancorp /Oh/)

Remedy. Arbitration shall Except as provided by the Rules and Sections 10(d) and 10(e) hereof, arbitration will be the sole, exclusive and final remedy for any dispute (with between the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive and the Company. Accordingly, except as otherwise provided hereinfor by the Rules, neither the Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. NotwithstandingNotwithstanding the foregoing, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law, law which the Company has not adopted.

Appears in 2 contracts

Samples: Control Severance Agreement (Ellie Mae Inc), Change in Control Severance Agreement (Ellie Mae Inc)

Remedy. Arbitration Except as provided by the Rules, arbitration shall be the sole, exclusive and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive and the Company. Accordingly, except as otherwise provided herein, 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 2 contracts

Samples: Stephen Webb Employment Agreement (Healthetech Inc), Employment Agreement (Healthetech Inc)

Remedy. Arbitration shall be the sole, exclusive exclusive, and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive and the Company. Accordingly, except as otherwise provided hereinby 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 will not order or require the Company to adopt a policy not otherwise required by law, law which the Company has not adopted.

Appears in 2 contracts

Samples: Executive Employment Agreement (Cue Biopharma, Inc.), Executive Employment Agreement (Cue Biopharma, Inc.)

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Remedy. Arbitration Except as provided by Section 17(d) of this Agreement, arbitration shall be the sole, exclusive and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive and the Company. Accordingly, except as otherwise provided hereinby the FAA, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. NotwithstandingNotwithstanding any other provision of this Agreement, 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, law which the Company has not adopted.

Appears in 2 contracts

Samples: Executive Officer Employment Agreement (Copart Inc), Employment Agreement (Copart Inc)

Remedy. Arbitration shall Except as provided by the Act, arbitration will be the sole, exclusive exclusive, and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive and the CompanyCompany or the Employer. Accordingly, except as otherwise provided hereinby the Act and this Agreement, neither Executive Executive, the Company, nor or the Company Employer 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 Group policy, and the arbitrator shall will not order or require the Company or the Employer to adopt a policy not otherwise required by law, law which the Company or the Employer has not adopted.

Appears in 2 contracts

Samples: Change in Control and Severance Agreement (QuantumScape Corp), Change in Control and Severance Agreement (QuantumScape Corp)

Remedy. Arbitration Except as otherwise provided by law or this Agreement, arbitration shall be the sole, exclusive exclusive, and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive and the Company. Accordingly, except as otherwise provided hereinby law or this Agreement, neither Executive nor and the Company will be permitted hereby waive the right to pursue court action regarding claims that are subject seek remedies for any such disputes in court, including the right to arbitrationa jury trial. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law, law which the Company has not adopted. 11.

Appears in 2 contracts

Samples: Change in Control Agreement (Amerant Bancorp Inc.), Change in Control Agreement (Amerant Bancorp Inc.)

Remedy. Arbitration Except as provided by the Rules and this Agreement, arbitration shall be the sole, exclusive and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive Employee and the Company. Accordingly, except as otherwise provided hereinfor and by the Rules and this Agreement, neither Executive Employee 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, law which the Company has not adopted.

Appears in 2 contracts

Samples: Mutual Release Agreement (Supergen Inc), Mutual Release Agreement (Supergen Inc)

Remedy. Arbitration Except as otherwise provided by law or this Amended Agreement, arbitration shall be the sole, exclusive exclusive, and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive Employee and the Company. Accordingly, except as otherwise provided hereinby law or this Amended Agreement, neither Executive nor Employee and the Company will be permitted hereby waive the right to pursue court action regarding claims that are subject seek remedies for any such disputes in court, including the right to arbitrationa jury trial. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law, law which the Company has not adopted.

Appears in 1 contract

Samples: Employment and Non Competition Agreement (First Financial Bancorp /Oh/)

Remedy. Arbitration shall be the sole, exclusive and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive and the Company. Accordingly, except as otherwise provided hereinin the 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, law which the Company has not adopted.

Appears in 1 contract

Samples: Employment Agreement (Cellcyte Genetics Corp)

Remedy. Arbitration Except as provided by the Rules, arbitration shall be the ------ sole, exclusive and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive and the Company. Accordingly, except as otherwise provided hereinfor by the Rules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. NotwithstandingNotwithstanding anything in this Agreement to contrary, 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 law that the Company has not adopted.

Appears in 1 contract

Samples: Adam Andersen Employment Agreement (Emachines Inc /De/)

Remedy. Except as provided by the Rules and this Agreement, Arbitration shall be the sole, exclusive and final remedy for any dispute (with the sole exception of those disputes that may arise from the Confidentiality Agreement and Section 9 of this Agreement) between Executive Employee and the Company. Accordingly, except as otherwise provided hereinfor and by the Rules and this Agreement, neither Executive Employee 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, law which the Company has not adopted.

Appears in 1 contract

Samples: Invention Assignment Agreement (WebXU, Inc.)

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