Controversies definition

Controversies arising out of this Agreement or Employee's employment or termination means and includes all claims for breach of this Agreement, harassment and/or discrimination (including sexual harassment and harassment or discrimination based on race, color, religion, age, sex, sexual orientation, ancestry, national origin, marital status, military service, pregnancy, physical or mental disability, medical condition or any other protected class or condition), breach of any contract or covenant (express or implied), tort claims, wrongful termination, whistle-blowing and all other claims relating to this Agreement or Employee's employment or termination, except that claims covered by the Workers' Compensation Act and claims for unemployment benefits are not covered by this agreement to arbitrate. All Claims or Controversies shall be submitted to a single neutral arbitrator. The arbitration shall take place in Orange County, California, unless otherwise mutually agreed. The arbitrator shall be mutually agreed-upon by Employee and the Company. If Employee and the Company cannot agree upon an arbitrator, the selection process shall be governed by the employment arbitration rules and procedures of the American Arbitration Association ("AAA"). Regardless of the arbitrator chosen, the arbitration proceedings shall be governed by the then current AAA procedural rules, except that if a contrary rule exists: (1) all monetary or provisional remedies available under applicable state or federal statutory law or common law will remain available to both parties, (2) except as mutually agreed upon by the parties, there will be no limitation on discovery beyond that which exists in cases litigated in Orange County Superior Court and (3) the California Rules of Evidence shall apply to the arbitration hearing. In connection with any arbitration proceeding commenced hereby, the prevailing party shall be entitled to reimbursement of its reasonable attorney's fees and costs, including arbitrator fees. This agreement to arbitrate and arbitration procedure is intended to be the exclusive method of resolving all Claims or Controversies as described above between Employee and the Company and judgment upon the award rendered by the arbitrator hereunder may be entered in any court having jurisdiction thereof.

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Controversies. (as defined below) arising out of or in respect to this Agreement (or its validity, interpretation or enforcement), or Employee's employment or termination, that Employee may have against the Company or it officers, directors, employees, or agents, in their capacity as such, or that the Company may have against Employee, shall be resolved solely through binding arbitration. EMPLOYEE AND THE COMPANY EACH HEREBY ACKNOWLEDGE THAT THIS AGREEMENT TO ARBITRATE MEANS THAT EMPLOYEE AND THE COMPANY ARE RELINQUISHING HIS/HER/ITS RIGHTS TO EITHER A JURY TRIAL OR COURT TRIAL FOR THE RESOLUTION OF ANY CLAIMS THAT EMPLOYEE AND THE COMPANY MAY HAVE AGAINST THE OTHER.

Controversies. If any controversy arises between the Parties to this Agreement, or with any other Party, concerning the subject matter of this Agreement, its terms or conditions, the Escrow Agent will not be required to determine the controversy or to take any action regarding it. The Escrow Agent may hold all documents and funds and may wait for settlement of any such controversy by final appropriate legal proceedings or other means as the Escrow Agent may require, despite what may be set forth elsewhere in this Agreement. In such event, the Escrow Agent will not be liable for interest or damage. Furthermore, the Escrow Agent may at its option file an action of interpleader requiring the Parties to answer and litigate any claims and rights among themselves. The Escrow Agent is authorized to deposit with the clerk of the court all documents and funds held in escrow, except all costs, expenses, charges and reasonable attorney fees incurred by the Escrow Agent due to the interpleader action and or otherwise owed to the Escrow agent hereunder. Upon initiating such action, the Escrow Agent shall be fully released and discharged of and from all obligations and liability imposed by the terms of this Agreement.

Examples of Controversies in a sentence

Controversies referred to arbitration shall be limited to those concerning compliance with the terms of this Agreement by the University and the Union.
Controversies, claims and/or disputes will be resolved by one arbitrator selected by the mutual agreement of the parties or, failing that agreement within forty-five (45) days after written notice demanding arbitration, by the AAA.
If the dispute cannot be resolved locally, an appeal may be made to the Commissioner pursuant to N.J.A.C. 6A:3 et seq., Controversies and Disputes.
Controversies or claims shall be submitted to arbitration regardless of the theory under which they arise, including without limitation contract, tort, common law, statutory, or regulatory duties or liability.
Controversies between the parties with respect to this Agreement, or the rights of either party, or with respect to any transaction contemplated by this Agreement, shall be resolved, to the extent possible, by informal meetings and discussions among appropriate representatives of the parties.
Controversies or claims between the Parties arising under or relating to this Agreement shall be heard in either the Centre County (Pennsylvania) Court of Common Pleas or in the United States District Court for the Middle District of Pennsylvania, to whose jurisdiction for such purposes the Parties each hereby irrevocably consent and submit.
If the dispute cannot be resolved locally, an appeal may be made to the Commissioner pursuant to N.J.A.C. 6A:3, Controversies and Disputes.
Resolution of Controversies arising under any Order made pursuant to this Contract Any dispute between Contractor and a Purchasing Entity concerning the performance of an Order shall be resolved under the dispute resolution processes as described in the applicable Order.
Controversies which may arise concerning the reprimand, discharge, or suspension of employees; or controversies concerning the application, interpretation, or alleged violation of this Contract, which cannot be amicably settled in previous steps in the grievance procedure, may be submitted for settlement to an Impartial Arbitrator.
All Claims or Controversies shall be submitted to a single neutral arbitrator.

More Definitions of Controversies

Controversies. In practice this means that the judicial power to articulate the

Controversies means any dispute or disagreement with respect to a matter having, or that could reasonably be expected to have, a Material Adverse Effect on the Company, between the Company or any Subsidiary and any other Person.

Controversies means all disputes, differences, claims and controversies between any of the Shaner Parties and any of the ▇▇▇▇▇ine Parties that have arisen or been asserted or that might have arisen or been asserted by reason of or in connection with any action or omission or any alleged action or omission or any fact or circumstance or alleged fact or circumstance occurring or existing or alleged or that might have been alleged to have occurred or existed at any time or times prior to the date of this Mutual Release Agreement, including, but not limited to, the following: (i) Any allegations, contentions, or claims, whether asserted or not, arising out of or in any way relating to the business or activities of any of the Shaner Parties or any of the ▇▇▇▇▇▇ne Parties; (ii) Any allegations, contentions, or claims, whether asserted or not, arising out of or in any way relating to any actions or omissions of any of the Shaner Parties or any of the ▇▇▇▇▇▇ne Parties arising out of or in connection with or in any way relating to the negotiation, execution or performance of the Purchase Agreement or any of the transactions contemplated by the Purchase Agreement; (iii) Any allegations, contentions, or claims, whether asserted or not, arising out of or in any way relating to any actions or omissions of the Shaner Parties or the Baselin▇ ▇▇▇▇ies arising out of or in connection with or in any way relating to the efforts of the Buyer under the Purchase Agreement to secure the Financing Amount that was contemplated under the Purchase Agreement; (iv) Any allegations, contentions, or claims, whether asserted or not, arising out of or in any way relating to any actions or omissions of any of the Shaner Parties or any of the ▇▇▇▇▇▇ne Parties arising out of or in connection with or in any way relating to the negotiation, execution or performance of the Stock Agreement or any of the transactions contemplated by the Stock Agreement; and (v) Any allegations, contentions, or claims, whether asserted or not, arising out of or in any way relating to any actions or omissions of any of the Shaner Parties or any of the ▇▇▇▇▇▇ne Parties arising out of or in connection with or in any way relating to the negotiation, execution or performance of the Team Energy Letter Of Intent or any of the transactions contemplated by the Team Energy Letter Of Intent.

Controversies has the meaning ascribed thereto in Section 7.1.

Controversies shall have the meanings set forth in Section 9.6(a).

Controversies. If any controversy arises between the parties to this Agreement, or with any other person, concerning the subject matter of this Agreement, or its terms or conditions, the Escrow Agent shall not determine the controversy or be required to take any action regarding such controversy. In such event, in accordance with the provisions of Sections 7 and 10, the Escrow Agent shall not be liable for interest or damages, except in the case of gross negligence or willful misconduct on the part of the Escrow Agent or its employees. Furthermore, the Escrow Agent may at its option file an action of interpleader requiring the parties to any such controversy to answer and litigate any claims and rights among themselves. The Escrow Agent is authorized to deposit with the clerk of the court all documents and fund held in escrow, except that the Escrow Agent may retain an amount representing all costs, expenses, charges and attorneys' fees incurred by the Escrow Agent due to the interpleader action. Upon initiating such action, the Escrow Agent shall be fully released and discharged of and from all obligation and liability imposed by the terms of this Agreement.