Common use of Agreement to Arbitrate Clause in Contracts

Agreement to Arbitrate. In the event that any employment dispute arises between Ultrak and the Executive, the parties involved will make all efforts to resolve any such dispute through informal means as outlined in Paragraph 14 of the Employment Agreement between Ultrak and the Executive. If these informal attempts at resolution fail and if the dispute arises out of or is related to the termination of employment, compensation of the Executive, or any alleged unlawful discrimination, or violation of any law, Ultrak and the Executive shall submit the dispute to final and binding arbitration. Provided, however, that Ultrak may at any time pursue the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executive. By accepting or continuing employment with Ultrak, the Executive agrees that arbitration is the exclusive remedy for all such arbitrable disputes other than the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executive; with respect to such disputes, no other action may be brought in court or any other forum (except actions to compel arbitration hereunder). THIS POLICY AND AGREEMENT TO ARBITRATE IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES RELATING TO COMPENSATION, TERMINATION OF EMPLOYMENT, ANY CLAIMS WHATSOEVER RELATED TO ANY EMPLOYMENT AGREEMENT, ALLEGED OR ACTUAL VIOLATION OF ANY LAWS, RULES, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVE, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATION, WHICH INCLUDES SEXUAL OR OTHER UNLAWFUL HARASSMENT. ONLY AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE SUCH DISPUTES. Employment disputes arising out of or related to termination of employment or alleged unlawful discrimination, which includes sexual or other unlawful harassment, shall include, but not be limited to, the following: alleged violations of federal, state, and/or local constitutions, statutes, or regulations; claims based on any purported breach of contractual obligations; and claims based on any purported breach of duty arising in tort, including violations of public policy. Disputes related to injuries covered by workers' compensation and unemployment compensation and the Employee Retirement Income Security Act of 1974 (ERISA) are not arbitrable hereunder.

Appears in 4 contracts

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

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Agreement to Arbitrate. In Any and all disputes, controversies and/or claims between the event that any employment dispute arises between Ultrak Executive and the Executive, the parties involved will make all efforts to resolve any such dispute through informal means as outlined in Paragraph 14 of the Employment Agreement between Ultrak and the Executive. If these informal attempts at resolution fail and if the dispute arises out of or is related to the termination of employment, compensation of the Executive, or any alleged unlawful discrimination, or violation Company of any law, Ultrak and the Executive kind whatsoever (other than those involving Section 3 of this Agreement) shall submit the dispute to be resolved through final and binding arbitrationconfidential arbitration administered by JAMS pursuant to its Employment Arbitration Rules & Procedures before a single arbitrator who is a retired judge. Provided, however, that Ultrak may at any time pursue the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executive. By accepting or continuing employment with UltrakNotwithstanding this agreement to arbitrate, the Executive and the Company agree that either party may seek provision remedies such as a temporary restraining order or a preliminary injunction from a court of competent jurisdiction in aid of arbitration. This agreement to arbitrate shall include, without limitation, any and all disputes, controversies and/or claims against the Company or any of its Affiliates or the current or former partners, members, officers or employees of the Company or any of its Affiliates, whether arising under theories of liability or damages based on contract, tort or statute, to the fullest extent permitted by law. Such claims shall include, without limitation, claims for breach of contract or breach of the covenant of good faith and fair dealing, any claims of discrimination or other claims under Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, ERISA and/or any applicable or equivalent state or local laws, claims for wrongful termination, including employment termination in violation of public policy, and claims for personal injury including, without limitation, defamation, fraud and infliction of emotional distress. This agreement to arbitrate also covers any issues relating to the interpretation, applicability or enforceability of this Section 12. The only claims not covered by this agreement to arbitrate are claims for benefits under workers’ compensation or unemployment insurance statutes and other claims that cannot be arbitrated as a matter of law. As a material part of this agreement to arbitrate claims, both the Executive and the Company expressly waive all rights to a jury trial in court on all statutory or other claims, including, without limitation, those identified in this Section 12. The Executive also acknowledges and agrees that no claims will be arbitrated on a class action or collective action basis. Any arbitration is hereunder shall take place in Boston, Massachusetts. The Executive and the exclusive remedy for all such arbitrable disputes other than the remedies specifically provided in Paragraph 9(K) Company agree that any award of the Employment Agreement between Ultrak arbitrator shall be final, conclusive and binding and that the Executive; Executive will not contest any action by any other party thereto in accordance with respect the award of the arbitrator. It is specifically understood and agreed that any party hereto may enforce any award rendered pursuant to such disputesthe arbitration by bringing suit in any court of competent jurisdiction. All reasonable fees, no costs and expenses (including reasonable attorneys’ fees, expenses and costs) incurred by the prevailing party in any arbitration will be borne by the other action may party. Any claim must be brought to arbitration within the statute of limitations for bringing such claim in court or any other forum (except actions to compel arbitration hereunder). THIS POLICY AND AGREEMENT TO ARBITRATE IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES RELATING TO COMPENSATIONbefore the appropriate administrative agency, TERMINATION OF EMPLOYMENT, ANY CLAIMS WHATSOEVER RELATED TO ANY EMPLOYMENT AGREEMENT, ALLEGED OR ACTUAL VIOLATION OF ANY LAWS, RULES, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVE, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATION, WHICH INCLUDES SEXUAL OR OTHER UNLAWFUL HARASSMENT. ONLY AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE SUCH DISPUTES. Employment disputes arising out of or related to termination of employment or alleged unlawful discrimination, which includes sexual or other unlawful harassment, shall include, but not be limited to, the following: alleged violations of federal, state, and/or local constitutions, statutes, or regulations; claims based on any purported breach of contractual obligations; and claims based on any purported breach of duty arising in tort, including violations of public policy. Disputes related to injuries covered by workers' compensation and unemployment compensation and the Employee Retirement Income Security Act of 1974 (ERISA) are not arbitrable hereunderas applicable.

Appears in 3 contracts

Samples: Employment Agreement (Cyteir Therapeutics, Inc.), Employment Agreement (Cyteir Therapeutics, Inc.), Employment Agreement (Cyteir Therapeutics, Inc.)

Agreement to Arbitrate. In the event that any employment dispute arises between Ultrak Monterey Bay Bank ("Association") and the C. Xxxxxx Xxxxxx ("Executive"), the parties involved will make all efforts to resolve any such dispute through informal means as outlined in Paragraph 14 of the Employment Agreement between Ultrak and the Executivemeans. If these informal attempts at resolution fail and if the dispute arises out of or is related to a breach of the parties' Employment Agreement, the termination of employment, compensation of the Executive, employment or any alleged unlawful discrimination, or violation of any law, Ultrak Association and the Executive shall will submit the dispute to final and binding arbitration. Provided, however, that Ultrak may at any time pursue the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executive. By accepting or continuing employment with Ultrakthe Association, the Executive agrees that arbitration is the exclusive remedy for all such arbitrable disputes other than the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executivedisputes; with respect to such disputes, no other action may be brought in court or any other forum (except actions to compel arbitration hereunder). THIS POLICY AND ADR AGREEMENT TO ARBITRATE IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES A DISPUTE RELATING TO COMPENSATION, TERMINATION OF EMPLOYMENT, ANY CLAIMS WHATSOEVER RELATED TO ANY EMPLOYMENT AGREEMENT, OR ALLEGED OR ACTUAL VIOLATION OF ANY LAWS, RULES, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVE, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATION, WHICH INCLUDES RETALIATION OR SEXUAL OR OTHER UNLAWFUL HARASSMENT. ; ONLY AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE SUCH DISPUTESTHE DISPUTE. Employment disputes arising out of or related to termination of employment or alleged unlawful discrimination, which includes including retaliation, sexual or other unlawful harassment, shall include, but not be limited to, the following: alleged violations of federal, state, state and/or local constitutions, statutes, statutes or regulations; claims based on any purported breach of contractual obligationsobligation, including breach of the covenant of good faith and fair dealing; and claims based on any purported breach of duty arising in tort, including violations of public policy. Disputes related to injuries covered by workers' compensation and unemployment compensation and the Employee Retirement Income Security Act of 1974 (ERISA) insurance are not arbitrable hereunder. Claims for benefits covered by a separate benefit plan that provides for arbitration are not covered by this ADR Agreement. Claims that are filed with or are being processed by the U.S. Equal Employment Opportunity Commission ("EEOC"), or that are brought under Title VII of the Civil Rights Act of 1964, as amended, are not arbitrable under this Agreement, except that the parties may agree in writing to do so with respect to each such dispute that may arise.

Appears in 2 contracts

Samples: Employment Agreement (Monterey Bay Bancorp Inc), Employment Agreement (Monterey Bay Bancorp Inc)

Agreement to Arbitrate. In the event that any employment dispute arises between Ultrak Redwood Trust, Inc. ("Company") and the ExecutiveAndrxx Xxxxxx ("Xxecutive"), the parties involved will make all efforts to resolve any such dispute through informal means as outlined in Paragraph 14 of the Employment Agreement between Ultrak and the Executivemeans. If these informal attempts at resolution fail and if the dispute arises out of or is related to the parties' Employment Agreement, the termination of employment, compensation of the Executive, 's employment or any alleged unlawful discrimination, or violation of any lawincluding but not limited to unlawful harassment, Ultrak the Company and the Executive shall will submit the dispute to final and binding arbitration. Provided, however, that Ultrak may at any time pursue the remedies specifically provided except as set forth in Paragraph 9(K) Section 7 of the Employment Agreement between Ultrak Agreement. The parties expressly understand and the Executive. By accepting or continuing employment with Ultrak, the Executive agrees agree that arbitration is the exclusive remedy for all such arbitrable disputes other than the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executivedisputes; with respect to such disputes, no other action may be brought in court or any other forum (except actions to compel arbitration hereunder). THIS POLICY AND ALTERNATIVE DISPUTE RESOLUTION ("ADR") AGREEMENT TO ARBITRATE IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES RELATING TO COMPENSATION, TERMINATION OF EMPLOYMENT, ANY CLAIMS WHATSOEVER RELATED TO ANY EMPLOYMENT A DISPUTE COVERED BY THIS AGREEMENT, ALLEGED OR ACTUAL VIOLATION OF ANY LAWS, RULES, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVE, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATION, WHICH INCLUDES SEXUAL OR OTHER UNLAWFUL HARASSMENT. ; ONLY AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE SUCH DISPUTESTHE DISPUTE. Employment To the fullest extent permitted by the law of the jurisdiction, employment disputes arising out of or related to termination of employment or alleged unlawful discrimination, which includes including retaliation or sexual or other unlawful harassment, shall include, but not be limited to, the following: alleged violations of federal, state, state and/or local constitutions, statutes, statutes or regulations; claims based on any purported breach of contractual obligationsobligation, including breach of the covenant of good faith and fair dealing; and claims based on any purported breach of duty arising in tort, including violations of public policy. Disputes related to injuries covered by workers' compensation and unemployment compensation and insurance is not arbitrable hereunder. Claims for benefits covered by a separate benefit plan that provides for arbitration are not covered by this ADR Agreement. Claims that are filed with or being processed by the Employee Retirement Income Security U.S. Equal Employment Opportunity Commission ("EEOC"), or that are brought under Title VII of the Civil Rights Act of 1974 (ERISA) 1964, as amended, are not arbitrable hereunderunder this Agreement, except that the Parties agree in writing to do so with respect to each such dispute that may arise.

Appears in 1 contract

Samples: Employment Agreement (Redwood Trust Inc)

Agreement to Arbitrate. In the event that any employment dispute arises between Ultrak VaxGen, Inc. ("VaxGen") and the ExecutiveXxxxx Xxxxx ("Xxxxx"), the parties involved will make all efforts to resolve any such dispute through informal means as outlined in Paragraph 14 means. However, if within thirty (30) days of the Employment Agreement between Ultrak and event giving rise to the Executive. If dispute, these informal attempts at resolution fail and if the dispute arises out of or is related to Xxxxx'x Employment Agreement, Xxxxx'x employment, the termination of employment, compensation of the Executive, Xxxxx'x employment or any alleged unlawful discrimination, including but not limited to sexual or violation of any lawother unlawful harassment (an "Arbitrable Dispute"), Ultrak VaxGen and the Executive shall Xxxxx will submit the dispute to final and binding arbitration. Provided, however, that Ultrak may at any time pursue the remedies specifically provided except as set forth in Paragraph 9(K) Paragraphs 7-14 of the Employment Agreement between Ultrak Agreement. The parties expressly understand and the Executive. By accepting or continuing employment with Ultrak, the Executive agrees agree that arbitration is the exclusive remedy for all such arbitrable disputes other than the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the ExecutiveArbitrable Disputes; with respect to such disputes, no other action may be brought in court or any other forum (except actions to compel arbitration or enforce an award issued hereunder). THIS POLICY AND ALTERNATIVE DISPUTE RESOLUTION ("ADR") AGREEMENT TO ARBITRATE IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES A DISPUTE RELATING TO COMPENSATIONBREACH OF THE PARTIES' EMPLOYMENT AGREEMENT, TERMINATION OF EMPLOYMENT, ANY CLAIMS WHATSOEVER RELATED TO ANY THAT EMPLOYMENT AGREEMENT, OR ALLEGED OR ACTUAL VIOLATION OF ANY LAWS, RULES, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVE, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATION, WHICH INCLUDES RETALIATION OR SEXUAL OR OTHER UNLAWFUL HARASSMENT. ; ONLY AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE SUCH DISPUTESTHE DISPUTE. Employment disputes Arbitrable Disputes arising out of or related to employment, or the termination of such employment or alleged unlawful discrimination, which includes including retaliation or sexual or other unlawful harassment, shall include, but not be limited to, the following: alleged violations of federal, state, state and/or local constitutions, statutes, statutes or regulations; claims based on any purported breach of contractual obligationsobligation, including breach of the covenant of good faith and fair dealing; and claims based on any purported breach of duty arising in tort, including violations of public policy. Disputes related to injuries covered by workers' compensation and unemployment compensation and the Employee Retirement Income Security Act of 1974 (ERISA) are not arbitrable hereunder.

Appears in 1 contract

Samples: Employment Agreement (Vaxgen Inc)

Agreement to Arbitrate. In the event that any employment dispute arises between Ultrak VaxGen, Inc. ("VaxGen") and the ExecutiveXxxxxx X. Xxxxxxxxxx ("Xxxxxxxxxx"), the parties involved will make all efforts to resolve any such dispute through informal means as outlined in Paragraph 14 means. However, if within thirty (30) days of the Employment Agreement between Ultrak and event giving rise to the Executive. If dispute, these informal attempts at resolution fail and if the dispute arises out of or is related to Xxxxxxxxxx'x Employment Agreement, Xxxxxxxxxx'x employment, the termination of employment, compensation of the Executive, Xxxxxxxxxx'x employment or any alleged unlawful discrimination, including but not limited to sexual or violation of any lawother unlawful harassment (an "Arbitrable Dispute"), Ultrak VaxGen and the Executive shall Xxxxxxxxxx will submit the dispute to final and binding arbitration. Provided, however, that Ultrak may at any time pursue the remedies specifically provided except as set forth in Paragraph 9(K) Paragraphs 7-14 of the Employment Agreement between Ultrak Agreement. The parties expressly understand and the Executive. By accepting or continuing employment with Ultrak, the Executive agrees agree that arbitration is the exclusive remedy for all such arbitrable disputes other than the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the ExecutiveArbitrable Disputes; with respect to such disputes, no other action may be brought in court or any other forum (except actions to compel arbitration or enforce an award issued hereunder). THIS POLICY AND ALTERNATIVE DISPUTE RESOLUTION ("ADR") AGREEMENT TO ARBITRATE IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES A DISPUTE RELATING TO COMPENSATIONBREACH OF THE PARTIES' EMPLOYMENT AGREEMENT, TERMINATION OF EMPLOYMENT, ANY CLAIMS WHATSOEVER RELATED TO ANY THAT EMPLOYMENT AGREEMENT, OR ALLEGED OR ACTUAL VIOLATION OF ANY LAWS, RULES, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVE, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATION, WHICH INCLUDES RETALIATION OR SEXUAL OR OTHER UNLAWFUL HARASSMENT. ; ONLY AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE SUCH DISPUTESTHE DISPUTE. Employment disputes Arbitrable Disputes arising out of or related to employment, or the termination of such employment or alleged unlawful discrimination, which includes including retaliation or sexual or other unlawful harassment, shall include, but not be limited to, the following: alleged violations of federal, state, state and/or local constitutions, statutes, statutes or regulations; claims based on any purported breach of contractual obligationsobligation, including breach of the covenant of good faith and fair dealing; and claims based on any purported breach of duty arising in tort, including violations of public policy. Disputes related to injuries covered by workers' compensation and unemployment compensation and the Employee Retirement Income Security Act of 1974 (ERISA) are not arbitrable hereunder.

Appears in 1 contract

Samples: Employment Agreement (Vaxgen Inc)

Agreement to Arbitrate. In the event that any employment dispute arises between Ultrak Embarcadero Technologies, Inc. (“Company”) and the ExecutiveXxxxxx Xxxxxx (“Employee”), the parties involved will make all efforts to resolve any such dispute through informal means as outlined in Paragraph 14 of the Employment Agreement between Ultrak and the Executivemeans. If these informal attempts at resolution fail and if the dispute arises out of or is related to the parties’ Employment And Confidentiality Agreement, the termination of employment, compensation of the Executive, Employee’s employment or any alleged unlawful discrimination, or violation of any lawincluding but not limited to unlawful harassment, Ultrak the Company and the Executive shall Employee will submit the dispute to final and binding arbitration. Provided, however, that Ultrak may at any time pursue the remedies specifically provided except as set forth in Paragraph 9(K) paragraph 14 of the Employment Agreement between Ultrak Agreement. The parties expressly understand and the Executive. By accepting or continuing employment with Ultrak, the Executive agrees agree that arbitration is the exclusive remedy for all such arbitrable disputes other than the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executivedisputes; with respect to such disputes, no other action may be brought in court or any other forum (except actions to compel arbitration hereunder). THIS POLICY AND ALTERNATIVE DISPUTE RESOLUTION (“ADR”) AGREEMENT TO ARBITRATE IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES A DISPUTE RELATING TO COMPENSATIONBREACH OF THE PARTIES’ EMPLOYMENT AGREEMENT, TERMINATION OF EMPLOYMENT, ANY CLAIMS WHATSOEVER RELATED TO ANY THAT EMPLOYMENT AGREEMENT, OR ALLEGED OR ACTUAL VIOLATION OF ANY LAWS, RULES, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVE, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATION, WHICH INCLUDES RETALIATION OR SEXUAL OR OTHER UNLAWFUL HARASSMENT. ; ONLY AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE SUCH DISPUTESTHE DISPUTE. Employment disputes arising out of or related to termination of employment or alleged unlawful discrimination, which includes including retaliation or sexual or other unlawful harassment, shall include, but not be limited to, the following: alleged violations of federal, state, state and/or local constitutions, statutes, statutes or regulations; claims based on any purported breach of contractual obligationsobligation, including breach of the covenant of good faith and fair dealing; and claims based on any purported breach of duty arising in tort, including violations of public policy. Disputes related to injuries covered by workers' compensation and unemployment compensation and the Employee Retirement Income Security Act of 1974 (ERISA) are insurance is not arbitrable hereunder. Claims for benefits covered by a separate benefit plan that provides for arbitration are not covered by this ADR Agreement. Also, nothing in Employment Agreement or in the ADR Policy shall be construed as precluding Employee from filing a charge with the Equal Employment Opportunity Commission (“EEOC”), the National Labor Relations Board (“NLRB”) or other federal, state or local agencies, seeking administrative assistance in resolving claims. However, any claim that cannot be resolved administratively through such an agency shall be subject to the Employment Agreement and the ADR Policy.

Appears in 1 contract

Samples: Employment Agreement (Embarcadero Technologies Inc)

Agreement to Arbitrate. In the event THE PARTIES HEREBY AGREE TO WAIVE UNCONDITIONALLY AND IRREVOCABLY THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY LITIGATION THAT MAY AT ANY TIME, DIRECTLY OR INDIRECTLY, ARISE OUT OF OR IN CONNECTION WITH ANY ASPECT OF THE RELATIONSHIP BETWEEN SXXXXX AND OXMI, ITS OFFICERS, AGENTS AND EMPLOYEES, INCLUDING BUT NOT LIMITED TO THE TERMINATION OF SXXXXX’X EMPLOYMENT, RIGHTS AND DUTIES AS A SHAREHOLDER, OR YOUR EMPLOYMENT WITH OXMI, TO THE EXTENT LEGALLY ALLOWABLE. This means that both Parties irrevocably, unconditionally, and exclusively agree that any employment dispute arises between Ultrak and the Executive, the parties involved will make all efforts to resolve any such dispute through informal means as outlined in Paragraph 14 of the Employment Agreement between Ultrak and the Executive. If these informal attempts at resolution fail and if the dispute arises controversy or claim arising out of or is related relating to Sxxxxx’x employment which cannot be otherwise resolved pursuant to the termination of employment, compensation of the Executiveterms hereof, or any alleged unlawful discriminationdispute between the Parties, shall be resolved by binding arbitration in Orange County, California. The arbitration shall be administered by Judicial Arbitration and Mediation Services, the Company (“JAMS”), or violation of any lawanother mutually agreed upon neutral service, Ultrak and the Executive in its Orange County office. The arbitrator shall submit the dispute to final and binding arbitration. Provided, however, that Ultrak may at any time pursue the remedies specifically provided in Paragraph 9(K) be a retired Superior Court Judge of the Employment Agreement between Ultrak State of California affiliated with JAMS. Judgment upon the award rendered by the arbitrator may be entered and enforced in any court having jurisdiction thereof. THE AWARD OF THE ARBITRATOR SHALL BE BINDING, FINAL, AND NON-APPEALABLE. The arbitrator shall not have any power to alter, amend, modify, or change any of the Executive. By accepting or continuing employment with Ultrakterms of this Agreement, the Executive agrees that arbitration Employment Agreement, the Convertible Note, or the Supplemental Agreement, or to grant any remedy which is either prohibited by the exclusive remedy for all such arbitrable disputes terms of this Agreement or not available in a court of law. Any action brought to enforce the provisions of this section shall be brought in the Orange County Superior Court. All other questions regarding Sxxxxx’x employment, including but not limited to the interpretation, enforcement of this Agreement (other than the remedies specifically provided in Paragraph 9(K) right to arbitrate), and the rights, duties and liabilities of the parties to Sxxxxx’x employment shall be governed by California law. The costs of the arbitration, including any JAMS administration fee, and arbitrator’s fee, and costs of the use of facilities during the hearings, shall be borne by OXMI; however, the Parties shall be solely responsible for their own attorney’s fees and costs. Attorney’s fees and costs may be awarded to the prevailing party at the discretion of the arbitrator as part of the award. In any arbitration proceeding conducted pursuant to the provisions of this Agreement, both parties shall have the right to conduct all discovery, to call witnesses and to cross-examine the opposing party’s witnesses, either through legal counsel, expert witnesses or both, to the fullest extent allowed by California law, as though before any Court or tribunal of the State. Both Parties expressly understand and agree on behalf of their heirs, executors, administrators, successors, and assigns, that the rights being waived hereunder specifically include, but are not limited to, any and all civil claims in State or Federal Courts under (as any of the same may be amended from time to time) Title VII of the Civil Rights Act of 1964; Sections 1981 and 1983 of the Civil Rights Act of 1866; Equal Pay Act; Americans with Disabilities Act; Age Discrimination in Employment Agreement between Ultrak Act; Federal or State Retirement Income Security Acts; Fair Labor Standards Act; Family and Medical Leave Act; WARN Act; the ExecutiveUnited States and California Constitutions; California Fair Employment and Housing Act; California Family Rights Act; California Labor Code; any applicable California Industrial Welfare Commission Wage Order; with respect to such disputesthe foregoing constitutional and statutory references, no any comparable constitution, statute or regulation of any other action may be brought in court state; all claims of discrimination or harassment on account of race, sex, sexual orientation, national origin, religion, disability, age, pregnancy, veteran’s status, or any other forum (except actions to compel arbitration hereunder). THIS POLICY AND AGREEMENT TO ARBITRATE IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES RELATING TO COMPENSATIONprotected status under any federal or state statute; any federal, TERMINATION OF EMPLOYMENTstate or local law enforcing express or implied employment contracts or covenants of good faith and fair dealing; any federal, ANY CLAIMS WHATSOEVER RELATED TO ANY EMPLOYMENT AGREEMENTstate or local laws providing recourse for alleged wrongful discharge or constructive discharge, ALLEGED OR ACTUAL VIOLATION OF ANY LAWStermination in violation of public policy, RULEStort, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVEphysical or personal injury, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATIONemotional distress, WHICH INCLUDES SEXUAL OR OTHER UNLAWFUL HARASSMENT. ONLY AN ARBITRATORfraud, NOT A JUDGE OR JURYnegligent misrepresentation, WILL DECIDE SUCH DISPUTES. Employment disputes arising out of defamation, and any similar or related to termination claim; together with any claim under any other local, state or federal law or constitution governing employment, discrimination or harassment in employment, or the payment of employment wages or alleged unlawful discriminationbenefits, which each Party may have in any way related to Sxxxxx’x employment, to the extent legally allowable. This Agreement and the scope of the release hereunder expressly includes sexual or other unlawful harassmentany statutory claims, shall includeincluding, but not be limited to, claims under the following: alleged violations Age Discrimination in Employment Act (the “ADEA”) and the Older Workers’ Benefit Protection Act (“OWBPA”), to the extent legally allowable. Although the intent of federalthis Agreement is to benefit both Parties by mutually agreeing upon a single forum for the resolution of any and all disputes or grievances between them, statenotwithstanding the foregoing limitations, and/or local constitutions, statutesthis Agreement shall not be interpreted to preclude or waive any Party’s available remedies under, or regulations; claims based on rights to, filing, submitting or hearing of matters before any purported breach of contractual obligations; and claims based on any purported breach of duty arising in tortthe above regulatory or administrative entities, including violations of public policycommissions or boards to the extent such rights cannot by law be waived. Disputes related to injuries covered by workers' compensation and unemployment compensation and the Employee Retirement Income Security Act of 1974 (ERISA) are not arbitrable hereunder.INITIALS: _________________

Appears in 1 contract

Samples: Severance and Release Agreement (Oxford Media, Inc.)

Agreement to Arbitrate. In the event that any employment dispute arises between Ultrak Monterey Bay Bank ("Association") and the Mxxx X. Xxxxxx ("Executive"), the parties involved will make all efforts to resolve any such dispute through informal means as outlined in Paragraph 14 of the Employment Agreement between Ultrak and the Executivemeans. If these informal attempts at resolution fail and if the dispute arises out of or is related to a breach of the parties' Employment Agreement, the termination of employment, compensation of the Executive, employment or any alleged unlawful discrimination, or violation of any law, Ultrak Association and the Executive shall will submit the dispute to final and binding arbitration. Provided, however, that Ultrak may at any time pursue the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executive. By accepting or continuing employment with Ultrakthe Association, the Executive agrees that arbitration is the exclusive remedy for all such arbitrable disputes other than the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executivedisputes; with respect to such disputes, no other action may be brought in court or any other forum (except actions to compel arbitration hereunder). THIS POLICY AND ADR AGREEMENT TO ARBITRATE IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES A DISPUTE RELATING TO COMPENSATION, TERMINATION OF EMPLOYMENT, ANY CLAIMS WHATSOEVER RELATED TO ANY EMPLOYMENT AGREEMENT, OR ALLEGED OR ACTUAL VIOLATION OF ANY LAWS, RULES, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVE, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATION, WHICH INCLUDES RETALIATION OR SEXUAL OR OTHER UNLAWFUL HARASSMENT. ; ONLY AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE SUCH DISPUTESTHE DISPUTE. Employment disputes arising out of or related to termination of employment or alleged unlawful discrimination, which includes including retaliation, sexual or other unlawful harassment, shall include, but not be limited to, the following: alleged violations of federal, state, state and/or local constitutions, statutes, statutes or regulations; claims based on any purported breach of contractual obligationsobligation, including breach of the covenant of good faith and fair dealing; and claims based on any purported breach of duty arising in tort, including violations of public policy. Disputes related to injuries covered by workers' compensation and unemployment compensation and the Employee Retirement Income Security Act of 1974 (ERISA) insurance are not arbitrable hereunder. Claims for benefits covered by a separate benefit plan that provides for arbitration are not covered by this ADR Agreement. Claims that are filed with or are being processed by the U.S. Equal Employment Opportunity Commission ("EEOC"), or that are brought under Title VII of the Civil Rights Act of 1964, as amended, are not arbitrable under this Agreement, except that the parties may agree in writing to do so with respect to each such dispute that may arise.

Appears in 1 contract

Samples: Employment Agreement (Monterey Bay Bancorp Inc)

Agreement to Arbitrate. In the event that any employment dispute arises between Ultrak Monterey Bay Bank ("Association") and the Xxxx X. Xxxxxx ("Executive"), the parties involved will make all efforts to resolve any such dispute through informal means as outlined in Paragraph 14 of the Employment Agreement between Ultrak and the Executivemeans. If these informal attempts at resolution fail and if the dispute arises out of or is related to a breach of the parties' Employment Agreement, the termination of employment, compensation of the Executive, employment or any alleged unlawful discrimination, or violation of any law, Ultrak Association and the Executive shall will submit the dispute to final and binding arbitration. Provided, however, that Ultrak may at any time pursue the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executive. By accepting or continuing employment with Ultrakthe Association, the Executive agrees that arbitration is the exclusive remedy for all such arbitrable disputes other than the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executivedisputes; with respect to such disputes, no other action may be brought in court or any other forum (except actions to compel arbitration hereunder). THIS POLICY AND ADR AGREEMENT TO ARBITRATE IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES A DISPUTE RELATING TO COMPENSATION, TERMINATION OF EMPLOYMENT, ANY CLAIMS WHATSOEVER RELATED TO ANY EMPLOYMENT AGREEMENT, OR ALLEGED OR ACTUAL VIOLATION OF ANY LAWS, RULES, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVE, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATION, WHICH INCLUDES RETALIATION OR SEXUAL OR OTHER UNLAWFUL HARASSMENT. ; ONLY AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE SUCH DISPUTESTHE DISPUTE. Employment disputes arising out of or related to termination of employment or alleged unlawful discrimination, which includes including retaliation, sexual or other unlawful harassment, shall include, but not be limited to, the following: alleged violations of federal, state, state and/or local constitutions, statutes, statutes or regulations; claims based on any purported breach of contractual obligationsobligation, including breach of the covenant of good faith and fair dealing; and claims based on any purported breach of duty arising in tort, including violations of public policy. Disputes related to injuries covered by workers' compensation and unemployment compensation and the Employee Retirement Income Security Act of 1974 (ERISA) insurance are not arbitrable hereunder. Claims for benefits covered by a separate benefit plan that provides for arbitration are not covered by this ADR Agreement. Claims that are filed with or are being processed by the U.S. Equal Employment Opportunity Commission ("EEOC"), or that are brought under Title VII of the Civil Rights Act of 1964, as amended, are not arbitrable under this Agreement, except that the parties may agree in writing to do so with respect to each such dispute that may arise.

Appears in 1 contract

Samples: Two Year Employment Agreement (Monterey Bay Bancorp Inc)

Agreement to Arbitrate. In the event THE PARTIES HEREBY AGREE TO WAIVE UNCONDITIONALLY AND IRREVOCABLY THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY LITIGATION THAT MAY AT ANY TIME, DIRECTLY OR INDIRECTLY, ARISE OUT OF OR IN CONNECTION WITH ANY ASPECT OF THE RELATIONSHIP BETWEEN JXXXX AND SVI, ITS OFFICERS, AGENTS AND EMPLOYEES, INCLUDING BUT NOT LIMITED TO THE TERMINATION OF JXXXX’X EMPLOYMENT, RIGHTS AND DUTIES AS A SHAREHOLDER, OR YOUR EMPLOYMENT WITH SVI, TO THE EXTENT LEGALLY ALLOWABLE. This means that both Parties irrevocably, unconditionally, and exclusively agree that any employment dispute arises between Ultrak and the Executive, the parties involved will make all efforts to resolve any such dispute through informal means as outlined in Paragraph 14 of the Employment Agreement between Ultrak and the Executive. If these informal attempts at resolution fail and if the dispute arises controversy or claim arising out of or is related relating to Jxxxx’x employment which cannot be otherwise resolved pursuant to the termination of employment, compensation of the Executiveterms hereof, or any alleged unlawful discriminationdispute between the Parties, shall be resolved by binding arbitration in Orange County, California. The arbitration shall be administered by Judicial Arbitration and Mediation Services, the Company (“JAMS”), or violation of any lawanother mutually agreed upon neutral service, Ultrak and the Executive in its Orange County office. The arbitrator shall submit the dispute to final and binding arbitration. Provided, however, that Ultrak may at any time pursue the remedies specifically provided in Paragraph 9(K) be a retired Superior Court Judge of the Employment Agreement between Ultrak State of California affiliated with JAMS. Judgment upon the award rendered by the arbitrator may be entered and enforced in any court having jurisdiction thereof. THE AWARD OF THE ARBITRATOR SHALL BE BINDING, FINAL, AND NON-APPEALABLE. The arbitrator shall not have any power to alter, amend, modify, or change any of the Executive. By accepting or continuing employment with Ultrakterms of this Agreement, the Executive agrees that arbitration Employment Agreement, the Convertible Note, or the Supplemental Agreement, or to grant any remedy which is either prohibited by the exclusive remedy for all such arbitrable disputes terms of this Agreement or not available in a court of law. Any action brought to enforce the provisions of this section shall be brought in the Orange County Superior Court. All other questions regarding Jxxxx’x employment, including but not limited to the interpretation, enforcement of this Agreement (other than the remedies specifically provided in Paragraph 9(K) right to arbitrate), and the rights, duties and liabilities of the parties to Jxxxx’x employment shall be governed by California law. The costs of the arbitration, including any JAMS administration fee, and arbitrator’s fee, and costs of the use of facilities during the hearings, shall be borne by SVI; however, the Parties shall be solely responsible for their own attorney’s fees and costs. Attorney’s fees and costs may be awarded to the prevailing party at the discretion of the arbitrator as part of the award. In any arbitration proceeding conducted pursuant to the provisions of this Agreement, both parties shall have the right to conduct all discovery, to call witnesses and to cross-examine the opposing party’s witnesses, either through legal counsel, expert witnesses or both, to the fullest extent allowed by California law, as though before any Court or tribunal of the State. Both Parties expressly understand and agree on behalf of their heirs, executors, administrators, successors, and assigns, that the rights being waived hereunder specifically include, but are not limited to, any and all civil claims in State or Federal Courts under (as any of the same may be amended from time to time) Title VII of the Civil Rights Act of 1964; Sections 1981 and 1983 of the Civil Rights Act of 1866; Equal Pay Act; Americans with Disabilities Act; Age Discrimination in Employment Agreement between Ultrak Act; Federal or State Retirement Income Security Acts; Fair Labor Standards Act; Family and Medical Leave Act; WARN Act; the ExecutiveUnited States and California Constitutions; California Fair Employment and Housing Act; California Family Rights Act; California Labor Code; any applicable California Industrial Welfare Commission Wage Order; with respect to such disputesthe foregoing constitutional and statutory references, no any comparable constitution, statute or regulation of any other action may be brought in court state; all claims of discrimination or harassment on account of race, sex, sexual orientation, national origin, religion, disability, age, pregnancy, veteran’s status, or any other forum (except actions to compel arbitration hereunder). THIS POLICY AND AGREEMENT TO ARBITRATE IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES RELATING TO COMPENSATIONprotected status under any federal or state statute; any federal, TERMINATION OF EMPLOYMENTstate or local law enforcing express or implied employment contracts or covenants of good faith and fair dealing; any federal, ANY CLAIMS WHATSOEVER RELATED TO ANY EMPLOYMENT AGREEMENTstate or local laws providing recourse for alleged wrongful discharge or constructive discharge, ALLEGED OR ACTUAL VIOLATION OF ANY LAWStermination in violation of public policy, RULEStort, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVEphysical or personal injury, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATIONemotional distress, WHICH INCLUDES SEXUAL OR OTHER UNLAWFUL HARASSMENT. ONLY AN ARBITRATORfraud, NOT A JUDGE OR JURYnegligent misrepresentation, WILL DECIDE SUCH DISPUTES. Employment disputes arising out of defamation, and any similar or related to termination claim; together with any claim under any other local, state or federal law or constitution governing employment, discrimination or harassment in employment, or the payment of employment wages or alleged unlawful discriminationbenefits, which each Party may have in any way related to Jxxxx’x employment, to the extent legally allowable. This Agreement and the scope of the release hereunder expressly includes sexual or other unlawful harassmentany statutory claims, shall includeincluding, but not be limited to, claims under the following: alleged violations Age Discrimination in Employment Act (the “ADEA”) and the Older Workers’ Benefit Protection Act (“OWBPA”), to the extent legally allowable. Although the intent of federalthis Agreement is to benefit both Parties by mutually agreeing upon a single forum for the resolution of any and all disputes or grievances between them, statenotwithstanding the foregoing limitations, and/or local constitutions, statutesthis Agreement shall not be interpreted to preclude or waive any Party’s available remedies under, or regulations; claims based on rights to, filing, submitting or hearing of matters before any purported breach of contractual obligations; and claims based on any purported breach of duty arising in tortthe above regulatory or administrative entities, including violations of public policy. Disputes related commissions or boards to injuries covered the extent such rights cannot by workers' compensation and unemployment compensation and the Employee Retirement Income Security Act of 1974 (ERISA) are not arbitrable hereunderlaw be waived.

Appears in 1 contract

Samples: Settlement and Mutual Release Agreement (SVI Media, Inc.)

Agreement to Arbitrate. In the event that any employment dispute arises between Ultrak Redwood Trust, Inc. ("Company") and the ExecutiveHaroxx Xxxxxxx ("Xxecutive"), the parties involved will make all efforts to resolve any such dispute through informal means as outlined in Paragraph 14 of the Employment Agreement between Ultrak and the Executivemeans. If these informal attempts at resolution fail and if the dispute arises out of or is related to the parties' Employment Agreement, the termination of employment, compensation of the Executive, 's employment or any alleged unlawful discrimination, or violation of any lawincluding but not limited to unlawful harassment, Ultrak the Company and the Executive shall will submit the dispute to final and binding arbitration. Provided, however, that Ultrak may at any time pursue the remedies specifically provided except as set forth in Paragraph 9(K) Section 7 of the Employment Agreement between Ultrak Agreement. The parties expressly understand and the Executive. By accepting or continuing employment with Ultrak, the Executive agrees agree that arbitration is the exclusive remedy for all such arbitrable disputes other than the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executivedisputes; with respect to such disputes, no other action may be brought in court or any other forum (except actions to compel arbitration hereunder). THIS POLICY AND ALTERNATIVE DISPUTE RESOLUTION ("ADR") AGREEMENT TO ARBITRATE IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES A DISPUTE RELATING TO COMPENSATIONBREACH OF THE PARTIES' EMPLOYMENT AGREEMENT, TERMINATION OF EMPLOYMENT, ANY CLAIMS WHATSOEVER RELATED TO ANY THAT EMPLOYMENT AGREEMENT, OR ALLEGED OR ACTUAL VIOLATION OF ANY LAWS, RULES, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVE, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATION, WHICH INCLUDES RETALIATION OR SEXUAL OR OTHER UNLAWFUL HARASSMENT. ; ONLY AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE SUCH DISPUTESTHE DISPUTE. Employment To the fullest extent permitted by the law of the jurisdiction, employment disputes arising out of or related to termination of employment or alleged unlawful discrimination, which includes including retaliation or sexual or other unlawful harassment, shall include, but not be limited to, the following: alleged violations of federal, state, state and/or local constitutions, statutes, statutes or regulations; claims based on any purported breach of contractual obligationsobligation, including breach of the covenant of good faith and fair dealing; and claims based on any purported breach of duty arising in tort, including violations of public policy. Disputes related to injuries covered by workers' compensation and unemployment compensation and insurance is not arbitrable hereunder. Claims for benefits covered by a separate benefit plan that provides for arbitration are not covered by this ADR Agreement. Also, nothing in Employment Agreement or in the ADR Policy shall be construed as precluding Employee Retirement Income Security from filing a charge with the Equal Employment Opportunity Commission ("EEOC"), the National Labor Relations Board ("NLRB") or other federal, state or local agencies, seeking administrative assistance in resolving claims. Claims that are filed with or are being processed by the EEOC or that are brought under Title VII of the Civil Rights Act of 1974 1964, as amended (ERISA) "Title VII), are not arbitrable hereunderunder this Agreement, except that the parties may agree in writing to do so with respect to each such dispute that may arise. The EEOC is the federal agency which enforces laws prohibiting employment discrimination. Title VII is the federal statute which prohibits discrimination on the basis of race, color, religion, sex, national origin, retaliation.

Appears in 1 contract

Samples: Employment Agreement (Redwood Trust Inc)

Agreement to Arbitrate. In the event that any employment dispute arises between Ultrak Redwood Trust, Inc. ("Company") and the ExecutiveBretx Xxxxxxxx ("Xxecutive"), the parties involved will make all efforts to resolve any such dispute through informal means as outlined in Paragraph 14 of the Employment Agreement between Ultrak and the Executivemeans. If these informal attempts at resolution fail and if the dispute arises out of or is related to the parties' Employment Agreement, the termination of employment, compensation of the Executive, 's employment or any alleged unlawful discrimination, or violation of any lawincluding but not limited to unlawful harassment, Ultrak the Company and the Executive shall will submit the dispute to final and binding arbitration. Provided, however, that Ultrak may at any time pursue the remedies specifically provided except as set forth in Paragraph 9(K) Section 7 of the Employment Agreement between Ultrak Agreement. The parties expressly understand and the Executive. By accepting or continuing employment with Ultrak, the Executive agrees agree that arbitration is the exclusive remedy for all such arbitrable disputes other than the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executivedisputes; with respect to such disputes, no other action may be brought in court or any other forum (except actions to compel arbitration hereunder). THIS POLICY AND ALTERNATIVE DISPUTE RESOLUTION ("ADR") AGREEMENT TO ARBITRATE IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES A DISPUTE RELATING TO COMPENSATIONBREACH OF THE PARTIES' EMPLOYMENT AGREEMENT, TERMINATION OF EMPLOYMENT, ANY CLAIMS WHATSOEVER RELATED TO ANY THAT EMPLOYMENT AGREEMENT, OR ALLEGED OR ACTUAL VIOLATION OF ANY LAWS, RULES, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVE, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATION, WHICH INCLUDES RETALIATION OR SEXUAL OR OTHER UNLAWFUL HARASSMENT. ; ONLY AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE SUCH DISPUTESTHE DISPUTE. Employment To the fullest extent permitted by the law of the jurisdiction, employment disputes arising out of or related to termination of employment or alleged unlawful discrimination, which includes including retaliation or sexual or other unlawful harassment, shall include, but not be limited to, the following: alleged violations of federal, state, state and/or local constitutions, statutes, statutes or regulations; claims based on any purported breach of contractual obligationsobligation, including breach of the covenant of good faith and fair dealing; and claims based on any purported breach of duty arising in tort, including violations of public policy. Disputes related to injuries covered by workers' compensation and unemployment compensation and insurance is not arbitrable hereunder. Claims for benefits covered by a separate benefit plan that provides for arbitration are not covered by this ADR Agreement. Also, nothing in Employment Agreement or in the ADR Policy shall be construed as precluding Employee Retirement Income Security from filing a charge with the Equal Employment Opportunity Commission ("EEOC"), the National Labor Relations Board ("NLRB") or other federal, state or local agencies, seeking administrative assistance in resolving claims. Claims that are filed with or are being processed by the EEOC or that are brought under Title VII of the Civil Rights Act of 1974 1964, as amended (ERISA) "Title VII), are not arbitrable hereunderunder this Agreement, except that the parties may agree in writing to do so with respect to each such dispute that may arise. The EEOC is the federal agency which enforces laws prohibiting employment discrimination. Title VII is the federal statute which prohibits discrimination on the basis of race, color, religion, sex, national origin, retaliation.

Appears in 1 contract

Samples: Employment Agreement (Redwood Trust Inc)

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Agreement to Arbitrate. In the event that any employment dispute arises between Ultrak Embarcadero Technologies, Inc. (“Company”) and the ExecutiveXxxxxxx Xxxxxxxxxx (“Employee”), the parties involved will make all efforts to resolve any such dispute through informal means as outlined in Paragraph 14 of the Employment Agreement between Ultrak and the Executivemeans. If these informal attempts at resolution fail and if the dispute arises out of or is related to the parties’ Employment And Confidentiality Agreement, the termination of employment, compensation of the Executive, Employee’s employment or any alleged unlawful discrimination, or violation of any lawincluding but not limited to unlawful harassment, Ultrak the Company and the Executive shall Employee will submit the dispute to final and binding arbitration. Provided, however, that Ultrak may at any time pursue the remedies specifically provided except as set forth in Paragraph 9(K) paragraph 14 of the Employment Agreement between Ultrak Agreement. The parties expressly understand and the Executive. By accepting or continuing employment with Ultrak, the Executive agrees agree that arbitration is the exclusive remedy for all such arbitrable disputes other than the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executivedisputes; with respect to such disputes, no other action may be brought in court or any other forum (except actions to compel arbitration hereunder). THIS POLICY AND ALTERNATIVE DISPUTE RESOLUTION (“ADR”) AGREEMENT TO ARBITRATE IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES A DISPUTE RELATING TO COMPENSATIONBREACH OF THE PARTIES’ EMPLOYMENT AGREEMENT, TERMINATION OF EMPLOYMENT, ANY CLAIMS WHATSOEVER RELATED TO ANY THAT EMPLOYMENT AGREEMENT, OR ALLEGED OR ACTUAL VIOLATION OF ANY LAWS, RULES, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVE, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATION, WHICH INCLUDES RETALIATION OR SEXUAL OR OTHER UNLAWFUL HARASSMENT. ; ONLY AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE SUCH DISPUTESTHE DISPUTE. Employment disputes arising out of or related to termination of employment or alleged unlawful discrimination, which includes including retaliation or sexual or other unlawful harassment, shall include, but not be limited to, the following: alleged violations of federal, state, state and/or local constitutions, statutes, statutes or regulations; claims based on any purported breach of contractual obligationsobligation, including breach of the covenant of good faith and fair dealing; and claims based on any purported breach of duty arising in tort, including violations of public policy. Disputes related to injuries covered by workers' compensation and unemployment compensation and the Employee Retirement Income Security Act of 1974 (ERISA) are insurance is not arbitrable hereunder. Claims for benefits covered by a separate benefit plan that provides for arbitration are not covered by this ADR Agreement. Also, nothing in Employment Agreement or in the ADR Policy shall be construed as precluding Employee from filing a charge with the Equal Employment Opportunity Commission (“EEOC”), the National Labor Relations Board (“NLRB”) or other federal, state or local agencies, seeking administrative assistance in resolving claims. However, any claim that cannot be resolved administratively through such an agency shall be subject to the Employment Agreement and the ADR Policy.

Appears in 1 contract

Samples: Employment Agreement (Embarcadero Technologies Inc)

Agreement to Arbitrate. In the event that any employment dispute arises between Ultrak Monterey Bay Bancorp, Inc, ("Company"), Monterey Bay Bank ("Association") and the __________________ ("Executive"), the parties involved will make all efforts to resolve any such dispute through informal means as outlined in Paragraph 14 of the Employment Agreement between Ultrak and the Executivemeans. If these informal attempts at resolution fail and if the dispute arises out of or is related to a breach of the parties' Employment Agreement, the termination of employment, compensation of the Executive, employment or any alleged unlawful discrimination, or violation of any lawCompany, Ultrak Association, and the Executive shall will submit the dispute to final and binding arbitration. Provided, however, that Ultrak may at any time pursue the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executive. By accepting or continuing employment with Ultrakthe Company or Association, the Executive agrees that arbitration is the exclusive remedy for all such arbitrable disputes other than the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executivedisputes; with respect to such disputes, no other action may be brought in court or any other forum (except actions to compel arbitration hereunder). THIS POLICY AND AGREEMENT TO ARBITRATE ALTERNATIVE DISPUTE RESOLUTION ("ADR")AGREEMENT IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES A DISPUTE RELATING TO COMPENSATION, TERMINATION OF EMPLOYMENT, ANY CLAIMS WHATSOEVER RELATED TO ANY EMPLOYMENT AGREEMENT, OR ALLEGED OR ACTUAL VIOLATION OF ANY LAWS, RULES, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVE, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATION, WHICH INCLUDES RETALIATION OR SEXUAL OR OTHER UNLAWFUL HARASSMENT. ; ONLY AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE SUCH DISPUTESTHE DISPUTE. Employment disputes arising out of or related to termination of employment or alleged unlawful discrimination, which includes including retaliation, sexual or other unlawful harassment, shall include, but not be limited to, the following: alleged violations of federal, state, state and/or local constitutions, statutes, statutes or regulations; claims based on any purported breach of contractual obligationsobligation, including breach of the covenant of good faith and fair dealing; and claims based on any purported breach of duty arising in tort, including violations of public policy. Disputes related to injuries covered by workers' compensation and unemployment compensation and the Employee Retirement Income Security Act of 1974 (ERISA) insurance are not arbitrable hereunder. Claims for benefits covered by a separate benefit plan that provides for arbitration are not covered by this ADR Agreement. Claims that are filed with or are being processed by the U.S. Equal Employment Opportunity Commission ("EEOC"), or that are brought under Title VII of the Civil Rights Act of 1964, as amended, are not arbitrable under this Agreement, except that the parties may agree in writing to do so with respect to each such dispute that may arise.

Appears in 1 contract

Samples: Monterey Bay Bancorp Inc

Agreement to Arbitrate. In the event that any employment dispute arises between Ultrak YouParticipant and the Executive, the parties involved will make all efforts Administrator agreemutually consent to resolve any such and all claims and disputes relating in any way to the Program ("Claims"), exceptor controversies for Claims concerning the validity, scope or enforceability of thiswhich a court would be authorized by law to grant relief by confidential, individual, final, binding and complete arbitration. Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION beforeshall be the sole and exclusive procedure for the resolution of any dispute through informal means as outlined and shall be in Paragraph 14 place of any court or administrative agency adjudication. In agreeing to arbitration, both participant and Administrator explicitly waive their respective rights to trial by jury. Any arbitration shall in accordance with the procedures of the Employment Agreement between Ultrak and the ExecutiveAmerican Arbitration Association ("(“AAA"). If these informal attempts at resolution fail and if the dispute arises out of This means you will be unable to have Claim(s) resolved by a court or is related to the termination of employment, compensation of the Executivejury, or any alleged unlawful discrimination, to participate in a class action or violation of any law, Ultrak and the Executive shall submit the dispute to final and binding class arbitration. Provided, however, that Ultrak may at any time pursue the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executive. By accepting or continuing employment with Ultrak, the Executive agrees that arbitration is the exclusive remedy for all such arbitrable disputes other than the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executive; with respect Other rights you would have if you went to such disputes, no other action court may be brought unavailable or limited in arbitration, including your right to appeal. The only exception to this agreement to arbitrate is that you and/or Administrator may seek relief in a small claims court for Claims within the jurisdiction of that court in any particular state. CLASS ACTION WAIVER: NO ARBITRATOR OR COURT MAY ORDER, PERMIT OR CERTIFY A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY-GENERAL ACTION OR CONSOLIDATED ARBITRATION IN CONNECTION WITH THIS ARBITRATION AGREEMENT. NO ARBITRATOR OR COURT MAY ORDER OR PERMIT A JOINDER OF PARTIES IN CONNECTION WITH THIS ARBITRATION AGREEMENT UNLESS ALL PARTIES CONSENT TO SUCH JOINDER IN WRITING. Governing Law and Jurisdiction: Any arbitration proceeding will be governed by the Consumer Procedures or other applicable rules of AAA”) in effect when the Claim is filed. The arbitration proceeding will take place in the county where you reside or any other forum (mutually acceptable location. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow applicable law and is empowered to grant any relief, including attorneys' fees, costs, and other expenses, to the extent such relief would be available in court. You and Administrator agree the Program and transactions subject to this Arbitration Agreement involve interstate commerce and that this Arbitration Agreement is governed by and enforceable under the Federal Arbitration Act. You and Administrator also agree this Arbitration Agreement extends to parties related to Administrator that are involved in any Claims, including without limitation, Administrator's parents, affiliates, subsidiaries, agents, principals, contractors, officers and employees. Costs: Administrator shall pay all arbitration costs if it initiates arbitration. If you initiate arbitration, you will not be required to pay any fees that exceed the fees you would have paid had you brought the Claim(s) in court. You may seek a waiver of the filing fee under AAA Rules. If you do not qualify for a waiver, you may request, in writing, that Administrator advance all or part of the filing fee. Enforceability: This Arbitration Agreement shall govern if there is a conflict between it and the AAA Rules, unless Administrator waives any conflict in writing. If any part of this Arbitration Agreement, except actions the class action waiver, is found invalid or unenforceable, the remaining provisions shall remain in full force and effect. If the class action waiver is found invalid or unenforceable as to compel a particular Claim, the Arbitration Agreement shall not apply to that Claim. You may contact AAA to obtain information about arbitration, arbitration hereunder)procedures and fees by calling 000-000-0000 or visiting xxx.xxx.xxx. YOU HAVE THE RIGHT TO REJECT THIS POLICY AND AGREEMENT TO ARBITRATE IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES RELATING TO COMPENSATION, TERMINATION OF EMPLOYMENT, ANY CLAIMS WHATSOEVER RELATED TO ANY EMPLOYMENT ARBITRATION AGREEMENT, ALLEGED OR ACTUAL VIOLATION OF ANY LAWSBUT YOU MUST DO SO PROMPTLY. If you do not agree to arbitration, RULESyou must notify us in writing within sixty (60) days after the date you enroll in the Program. You must send yourat the time written notice to: 000 X Xxxxxxx Xxxx XXX X XXX 000, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVEXxx Xxxxxxxx, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATIONXX 00000-0000, WHICH INCLUDES SEXUAL OR OTHER UNLAWFUL HARASSMENT. ONLY AN ARBITRATORand include your full name, NOT A JUDGE OR JURYaddress, WILL DECIDE SUCH DISPUTES. Employment disputes arising out of or related to termination of employment or alleged unlawful discrimination, which includes sexual or other unlawful harassment, shall include, but not be limited to, the following: alleged violations of federal, state, and/or local constitutions, statutes, or regulations; claims based on any purported breach of contractual obligations; and claims based on any purported breach of duty arising in tort, including violations of public policy. Disputes related to injuries covered by workers' compensation and unemployment compensation and the Employee Retirement Income Security Act of 1974 (ERISA) are not arbitrable hereunderstatement "I reject the arbitration agreement for the Calaveras County District Attorney Bad Check Restitution Program."of the claim is given.

Appears in 1 contract

Samples: Settlement Agreement

Agreement to Arbitrate. In the event that any employment dispute arises between Ultrak Monterey Bay Bank ("Association") and the C. Exxxxx Xxxxxx ("Executive"), the parties involved will make all efforts to resolve any such dispute through informal means as outlined in Paragraph 14 of the Employment Agreement between Ultrak and the Executivemeans. If these informal attempts at resolution fail and if the dispute arises out of or is related to a breach of the parties' Employment Agreement, the termination of employment, compensation of the Executive, employment or any alleged unlawful discrimination, or violation of any law, Ultrak Association and the Executive shall will submit the dispute to final and binding arbitration. Provided, however, that Ultrak may at any time pursue the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executive. By accepting or continuing employment with Ultrakthe Association, the Executive agrees that arbitration is the exclusive remedy for all such arbitrable disputes other than the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executivedisputes; with respect to such disputes, no other action may be brought in court or any other forum (except actions to compel arbitration hereunder). THIS POLICY AND ADR AGREEMENT TO ARBITRATE IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES A DISPUTE RELATING TO COMPENSATION, TERMINATION OF EMPLOYMENT, ANY CLAIMS WHATSOEVER RELATED TO ANY EMPLOYMENT AGREEMENT, OR ALLEGED OR ACTUAL VIOLATION OF ANY LAWS, RULES, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVE, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATION, WHICH INCLUDES RETALIATION OR SEXUAL OR OTHER UNLAWFUL HARASSMENT. ; ONLY AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE SUCH DISPUTESTHE DISPUTE. Employment disputes arising out of or related to termination of employment or alleged unlawful discrimination, which includes including retaliation, sexual or other unlawful harassment, shall include, but not be limited to, the following: alleged violations of federal, state, state and/or local constitutions, statutes, statutes or regulations; claims based on any purported breach of contractual obligationsobligation, including breach of the covenant of good faith and fair dealing; and claims based on any purported breach of duty arising in tort, including violations of public policy. Disputes related to injuries covered by workers' compensation and unemployment compensation and the Employee Retirement Income Security Act of 1974 (ERISA) insurance are not arbitrable hereunder. Claims for benefits covered by a separate benefit plan that provides for arbitration are not covered by this ADR Agreement. Claims that are filed with or are being processed by the U.S. Equal Employment Opportunity Commission ("EEOC"), or that are brought under Title VII of the Civil Rights Act of 1964, as amended, are not arbitrable under this Agreement, except that the parties may agree in writing to do so with respect to each such dispute that may arise.

Appears in 1 contract

Samples: Employment Agreement (Monterey Bay Bancorp Inc)

Agreement to Arbitrate. In the event that any employment dispute arises between Ultrak Monterey Bay Bancorp, Inc, ("Company"), Monterey Bay Bank ("Association") and the Sxxxx X. Xxxxxxx ("Executive"), the parties involved will make all efforts to resolve any such dispute through informal means as outlined in Paragraph 14 of the Employment Agreement between Ultrak and the Executivemeans. If these informal attempts at resolution fail and if the dispute arises out of or is related to a breach of the parties' Employment Agreement, the termination of employment, compensation of the Executive, employment or any alleged unlawful discrimination, or violation of any lawCompany, Ultrak Association, and the Executive shall will submit the dispute to final and binding arbitration. Provided, however, that Ultrak may at any time pursue the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executive. By accepting or continuing employment with Ultrakthe Company or Association, the Executive agrees that arbitration is the exclusive remedy for all such arbitrable disputes other than the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executivedisputes; with respect to such disputes, no other action may be brought in court or any other forum (except actions to compel arbitration hereunder). THIS POLICY AND AGREEMENT TO ARBITRATE ALTERNATIVE DISPUTE RESOLUTION ("ADR")AGREEMENT IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES A DISPUTE RELATING TO COMPENSATION, TERMINATION OF EMPLOYMENT, ANY CLAIMS WHATSOEVER RELATED TO ANY EMPLOYMENT AGREEMENT, OR ALLEGED OR ACTUAL VIOLATION OF ANY LAWS, RULES, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVE, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATION, WHICH INCLUDES RETALIATION OR SEXUAL OR OTHER UNLAWFUL HARASSMENT. ; ONLY AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE SUCH DISPUTESTHE DISPUTE. Employment disputes arising out of or related to termination of employment or alleged unlawful discrimination, which includes including retaliation, sexual or other unlawful harassment, shall include, but not be limited to, the following: alleged violations of federal, state, state and/or local constitutions, statutes, statutes or regulations; claims based on any purported breach of contractual obligationsobligation, including breach of the covenant of good faith and fair dealing; and claims based on any purported breach of duty arising in tort, including violations of public policy. Disputes related to injuries covered by workers' compensation and unemployment compensation and the Employee Retirement Income Security Act of 1974 (ERISA) insurance are not arbitrable hereunder. Claims for benefits covered by a separate benefit plan that provides for arbitration are not covered by this ADR Agreement. Claims that are filed with or are being processed by the U.S. Equal Employment Opportunity Commission ("EEOC"), or that are brought under Title VII of the Civil Rights Act of 1964, as amended, are not arbitrable under this Agreement, except that the parties may agree in writing to do so with respect to each such dispute that may arise.

Appears in 1 contract

Samples: Change in Control Agreement (Monterey Bay Bancorp Inc)

Agreement to Arbitrate. In To ensure the event rapid and economical resolution of disputes that may arise under or relate to this Agreement or Executive’s employment relationship, Executive and the Company agree that any and all disputes, claims, or causes of action, in law or equity, arising from or relating to the performance, enforcement, execution, or interpretation of this Agreement, Executive’s employment dispute arises between Ultrak and the Executive, the parties involved will make all efforts to resolve any such dispute through informal means as outlined in Paragraph 14 of the Employment Agreement between Ultrak and the Executive. If these informal attempts at resolution fail and if the dispute arises out of or is related to the termination of employmentExecutive’s employment (collectively, compensation of “Claims”), shall be resolved to the Executive, or any alleged unlawful discrimination, or violation of any fullest extent permitted by law, Ultrak by final, binding, and (to the Executive shall submit extent permitted by law) confidential arbitration conducted by JAMS, Inc. (“JAMS”) before a single arbitrator in San Jose, California in accordance with the dispute to final JAMS Employment Arbitration Rules and binding arbitration. Provided, however, that Ultrak may Procedures (which are available for review at any time pursue the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executive. By accepting or continuing employment with Ultrak, the Executive agrees that arbitration is the exclusive remedy for all such arbitrable disputes other than the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executive; with respect to such disputes, no other action may be brought in court or any other forum (except actions to compel arbitration hereunderxxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration/). THIS POLICY AND AGREEMENT TO ARBITRATE IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES RELATING TO COMPENSATION, TERMINATION OF EMPLOYMENT, ANY CLAIMS WHATSOEVER RELATED TO ANY EMPLOYMENT AGREEMENT, ALLEGED OR ACTUAL VIOLATION OF ANY LAWS, RULES, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVE, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATION, WHICH INCLUDES SEXUAL OR OTHER UNLAWFUL HARASSMENT. ONLY AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE SUCH DISPUTES. Employment disputes arising out of or related Claims subject to termination of employment or alleged unlawful discrimination, which includes sexual or other unlawful harassment, this arbitration provision shall include, but not be limited to, the following: alleged violations of Claims pursuant to any federal, statestate or local law or statute, and/or local constitutionsincluding (without limitation) the Age Discrimination in Employment Act, statutesas amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act of 1990; the federal Fair Labor Standards Act; the California Fair Employment and Housing Act; and Claims in contract, tort, or regulations; claims based on any purported common law, including (without limitation) Claims for breach of contractual obligationscontract or other promise, discrimination, harassment, retaliation, wrongful discharge, fraud, misrepresentation, defamation and/or Confidential Treatment Requested by Oportun Financial Corporation Pursuant to 17 C.F.R. Section 200.83 emotional distress; provided, however, that this provision shall exclude Claims that by law are not subject to arbitration. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of all Claims and to award such relief as would otherwise be permitted by law; and claims based on any purported breach (b) issue a written arbitration decision including the arbitrator’s essential findings and conclusions and a statement of duty arising the award. The Company shall pay all JAMS fees in tort, including violations excess of public policythe amount of filing and other court-related fees you would have been required to pay if the Claims were asserted in a court of law. Disputes related to injuries covered by workers' compensation and unemployment compensation Executive and the Employee Retirement Income Security Act Company acknowledge that, by agreeing to this arbitration procedure, both Executive and the Company waive the right to resolve any Claims through a trial by jury or judge or by administrative proceeding. Nothing in this Agreement shall prevent either Executive or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of 1974 (ERISA) are not arbitrable hereunderany such arbitration. Any awards or orders in such arbitrations may be entered and enforced as judgments in the federal and state courts of any competent jurisdiction.

Appears in 1 contract

Samples: Change in Control Agreement (Oportun Financial Corp)

Agreement to Arbitrate. In the event that any employment dispute arises between Ultrak Monterey Bay Bancorp, Inc, ("Company"), Monterey Bay Bank ("Association") and the __________________ ("Executive"), the parties involved will make all efforts to resolve any such dispute through informal means as outlined in Paragraph 14 of the Employment Agreement between Ultrak and the Executivemeans. If these informal attempts at resolution fail and if the dispute arises out of or is related to a breach of the parties' Employment Agreement, the termination of employment, compensation of the Executive, employment or any alleged unlawful discrimination, or violation of any lawCompany, Ultrak Association, and the Executive shall will submit the dispute to final and binding arbitration. Provided, however, that Ultrak may at any time pursue the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executive. By accepting or continuing employment with Ultrakthe Company or Association, the Executive agrees that arbitration is the exclusive remedy for all such arbitrable disputes other than the remedies specifically provided in Paragraph 9(K) of the Employment Agreement between Ultrak and the Executivedisputes; with respect to such disputes, no other action may be brought in court or any other forum (except actions to compel arbitration hereunder). THIS POLICY AND ALTERNATIVE DISPUTE RESOLUTION ("ADR") AGREEMENT TO ARBITRATE IS A FULL AND COMPLETE WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR ANY DISPUTES A DISPUTE RELATING TO COMPENSATION, TERMINATION OF EMPLOYMENT, ANY CLAIMS WHATSOEVER RELATED TO ANY EMPLOYMENT AGREEMENT, OR ALLEGED OR ACTUAL VIOLATION OF ANY LAWS, RULES, REGULATIONS OR STATUTES RELATED TO THE EMPLOYMENT OF THE EXECUTIVE, OR ANY ALLEGED OR ACTUAL UNLAWFUL DISCRIMINATION, WHICH INCLUDES RETALIATION OR SEXUAL OR OTHER UNLAWFUL HARASSMENT. ; ONLY AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE SUCH DISPUTESTHE DISPUTE. Employment disputes arising out of or related to termination of employment or alleged unlawful discrimination, which includes including retaliation, sexual or other unlawful harassment, shall include, but not be limited to, the following: alleged violations of federal, state, state and/or local constitutions, statutes, statutes or regulations; claims based on any purported breach of contractual obligationsobligation, including breach of the covenant of good faith and fair dealing; and claims based on any purported breach of duty arising in tort, including violations of public policy. Disputes related to injuries covered by workers' compensation and unemployment compensation and the Employee Retirement Income Security Act of 1974 (ERISA) insurance are not arbitrable hereunder. Claims for benefits covered by a separate benefit plan that provides for arbitration are not covered by this ADR Agreement. Claims that are filed with or are being processed by the U.S. Equal Employment Opportunity Commission ("EEOC"), or that are brought under Title VII of the Civil Rights Act of 1964, as amended, are not arbitrable under this Agreement, except that the parties may agree in writing to do so with respect to each such dispute that may arise.

Appears in 1 contract

Samples: Control Agreement (Monterey Bay Bancorp Inc)

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