Common use of Resolution of Disputes; Arbitration Clause in Contracts

Resolution of Disputes; Arbitration. Any dispute arising out of or relating to this Agreement or Employee’s employment with Employers or the termination thereof shall be resolved first by negotiation between the parties. If such negotiations leave the matter unresolved after 60 days, then such dispute or claim shall be resolved by binding confidential arbitration, to be held in St. Louis, Missouri, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator in any arbitration provided for herein will be mutually selected by the parties or in the event the parties cannot mutually agree, then appointed by the American Arbitration Association. Both parties hereby voluntarily waive any right to trial by jury. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties shall be responsible for their own costs and expenses under this Section 19, although the arbitrator shall have the right and jurisdiction to award costs and attorneys’ fees to the prevailing (in the opinion of the arbitrator) party. Nothing in this Section 19 shall limit the Employers’ right to obtain an injunction, restraining order or other equitable relief pursuant to Section 10.