Common use of Dispute Resolution and Binding Arbitration Clause in Contracts

Dispute Resolution and Binding Arbitration. Employee and the Company agree that in the event a dispute arises concerning or relating to this Agreement, or to Employee’s employment with the Company, or any termination therefrom, all such disputes shall be submitted to binding arbitration before an arbitrator experienced in employment law. Said arbitration will be conducted in accordance with the rules applicable to employment disputes of Judicial Arbitration and Mediation Services (“JAMS”). The Company will be responsible for paying any filing fees and costs of the arbitration proceeding itself (for example, arbitrators’ fees, conference room, transcripts), but each party shall be responsible for its own attorneys’ fees. The Company and Employee agree that this promise to arbitrate covers any disputes that the Company may have against Employee, or that Employee may have against the Company and all of its affiliated entities and their directors, officers and Employees, arising out of or relating to this Agreement, the employment relationship or termination of employment, including any claims concerning the validity, interpretation, effect or violation of this Agreement; violation of any federal, state, or local law; any tort; and any other aspect of Employee’s compensation or employment. The Company and Employee further agree that arbitration as provided in this Section 10(e) shall be the exclusive and binding remedy for any such dispute and will be used instead of any court action, which is hereby expressly waived, except for any request by either party hereto for temporary or preliminary injunctive relief pending arbitration in accordance with applicable law, or an administrative claim with an administrative agency. The Federal Arbitration Act shall govern the interpretation and enforcement of such arbitration proceeding. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the State of California, or federal law, if California law is preempted. The arbitration shall be conducted in Los Angeles, California, unless otherwise mutually agreed. THE COMPANY AND EMPLOYEE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY.

Dispute Resolution and Binding Arbitration. Employee Executive and the Company agree that in the event a dispute arises concerning or relating to this Agreement, or to Employee’s Executive's employment with the Company, or any termination therefromexcept disputes relating to Section 7 through 10 and Section 13 of this Agreement as to which the provisions of this Section 15.4 shall not apply, all such disputes dispute shall be submitted to binding arbitration before an arbitrator experienced in employment law. Said arbitration will be conducted in accordance with the employment arbitration rules applicable to employment disputes of Judicial American Arbitration and Mediation Services Association (“JAMS”). The Company will be responsible for paying any filing fees and costs of the arbitration proceeding itself (for example, arbitrators’ fees, conference room, transcripts), but each party shall be responsible for its own attorneys’ fees. The Company and Employee agree that this promise to arbitrate covers any disputes that the Company may have against Employee, or that Employee may have against "AAA") by a single impartial arbitrator selected as follows: if the Company and all Executive are unable to agree upon an impartial arbitrator within ten (10) days of its affiliated entities and their directors, officers and Employees, arising out of or relating to this Agreementa request for arbitration, the parties shall request a panel of ten (10) employment relationship or termination of employment, including any claims concerning the validity, interpretation, effect or violation of this Agreement; violation of any federal, state, or local law; any tort; arbitrators from AAA and any other aspect of Employee’s compensation or employment. The Company and Employee further agree that arbitration as provided in this Section 10(e) shall be the exclusive and binding remedy for any such dispute and will be used instead of any court action, which is hereby expressly waived, except for any request by either party hereto for temporary or preliminary injunctive relief pending arbitration in accordance with applicable law, or an administrative claim with an administrative agency. The Federal Arbitration Act shall govern the interpretation and enforcement of such arbitration proceeding. The alternatively strike names until a single arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the State of California, or federal law, if California law is preemptedremains. The arbitration shall be conducted take place in Los Angeles, California, unless otherwise mutually agreedand both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with AAA's rules and procedures. Except as set forth in Sections 7 through 10 and 13 hereof, Executive and the Company agree that the arbitration procedure provided for in this section will be the exclusive avenue of redress for any disputes relating to or arising from Executive's employment with the Company, and that the award of the arbitrator shall be final and binding on both parties, and nonappealable. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrator deems appropriate. The arbitrator shall also have discretion to award the prevailing party reasonable costs and attorneys' fees incurred in bringing or defending an action under this provision. EXECUTIVE AND THE COMPANY AND EMPLOYEE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATEARBITRATE THE DISPUTES COVERED BY THIS SECTION 15.4, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURYJURY WITH RESPECT TO SUCH DISPUTES. Each party will pay the fees of their respective attorneys, the expenses of their witnesses, costs of any record or transcript of the arbitration, and any other expenses connected with the arbitration that such party might be expected to incur had the dispute been subject to resolution in court, but all costs of the arbitration that would not be incurred by the parties if the dispute was litigated in court, including fees of the arbitrator and any arbitration association administrative fees will be paid by the Company.

Dispute Resolution and Binding Arbitration. Employee and the Company agree that in the event a dispute arises concerning or relating to this Agreement, or to Employee’s employment with the Company, or any termination therefrom, all such disputes shall be submitted to binding arbitration before an arbitrator experienced in employment law. Said arbitration will be conducted in accordance with the rules applicable to employment disputes of Judicial Arbitration and Mediation Services (“JAMS”). The Company will be responsible for paying any filing fees and costs of the arbitration proceeding itself (for example, arbitrators’ fees, conference room, transcripts), but each party shall be responsible for its own attorneys’ fees. The Company and Employee agree that this promise to arbitrate covers any disputes that the Company may have against Employee, or that Employee may have against the Company and all of its affiliated entities and their directors, officers and Employees, arising out of or relating to this Agreement, the employment relationship or termination of employment, including any claims concerning the validity, interpretation, effect or violation of this Agreement; violation of any federal, state, or local law; any tort; and any other aspect of Employee’s compensation or employment. The Company and Employee further agree that arbitration as provided in this Section 10(e11(e) shall be the exclusive and binding remedy for any such dispute and will be used instead of any court action, which is hereby expressly waived, except for any request by either party hereto for temporary or preliminary injunctive relief pending arbitration in accordance with applicable law, or an administrative claim with an administrative agency. The Federal Arbitration Act shall govern the interpretation and enforcement of such arbitration proceeding. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the State of California, or federal law, if California law is preempted. The arbitration shall be conducted in Los Angeles, California, unless otherwise mutually agreed. THE COMPANY AND EMPLOYEE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY.

Dispute Resolution and Binding Arbitration. Employee Executive and the Company agree that in the event a dispute arises concerning or relating to this Agreement, or to Employee’s Executive's employment with the Company, or any termination therefrom, all such disputes dispute shall be submitted to binding arbitration before an arbitrator experienced in employment law. Said arbitration will be conducted in accordance with the employment arbitration rules applicable to employment disputes of Judicial Arbitration and Mediation Services (“"JAMS”). The Company will be responsible for paying any filing fees and costs of the arbitration proceeding itself (for example, arbitrators’ fees, conference room, transcripts), but each party shall be responsible for its own attorneys’ fees. The Company and Employee agree that this promise to arbitrate covers any disputes that the Company may have against Employee, or that Employee may have against ") by a single impartial arbitrator experienced in employment law selected as follows: if the Company and all Executive are unable to agree upon an impartial arbitrator within ten (10) days of its affiliated entities and their directors, officers and Employees, arising out of or relating to this Agreementa request for arbitration, the parties shall request a panel of employment relationship or termination of employment, including any claims concerning the validity, interpretation, effect or violation of this Agreement; violation of any federal, state, or local law; any tort; arbitrators from JAMS and any other aspect of Employee’s compensation or employmentalternatively strike names until a single arbitrator remains. The arbitration shall take place in San Francisco, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with JAMS' rules and Employee procedures. Executive and the Company further agree that arbitration as provided for in this Section 10(e) shall section will be the exclusive and binding remedy for any such dispute and will be used instead of any court action, which is hereby expressly waived, except for any request by either party hereto for temporary or preliminary injunctive relief pending arbitration in accordance with applicable law, or an administrative claim with an administrative agency. The Federal Arbitration Act parties further agree that the award of the arbitrator shall govern the interpretation be final and enforcement of such arbitration proceedingbinding on both parties. The arbitrator shall apply have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the substantive law (arbitrator deems appropriate. The Company will be responsible for paying any filing fees and the law of remedies, if applicable) costs of the State of Californiaarbitration proceeding itself (for example, or federal lawarbitrators' fees, if California law is preempted. The arbitration conference room, transcripts), but each party shall be conducted in Los Angeles, California, unless otherwise mutually agreedresponsible for its own attorneys' fees. THE COMPANY AND EMPLOYEE EXECUTIVE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY.

Dispute Resolution and Binding Arbitration. Employee Executive and the Company agree that in the event a dispute arises concerning or relating to this Agreement, or to Employee’s Executive's employment with the Company, or any termination therefrom, all such disputes dispute shall be submitted to binding arbitration before an arbitrator experienced in employment law. Said arbitration will be conducted in accordance with the employment arbitration rules applicable to employment disputes of Judicial Arbitration and Mediation Services (“"JAMS”). The Company will be responsible for paying any filing fees and costs of the arbitration proceeding itself (for example, arbitrators’ fees, conference room, transcripts), but each party shall be responsible for its own attorneys’ fees. The Company and Employee agree that this promise to arbitrate covers any disputes that the Company may have against Employee, or that Employee may have against ") by a single impartial arbitrator experienced in employment law selected as follows: if the Company and all Executive are unable to agree upon an impartial arbitrator within 10 days of its affiliated entities and their directors, officers and Employees, arising out of or relating to this Agreementa request for arbitration, the parties shall request a panel of employment relationship or termination of employment, including any claims concerning the validity, interpretation, effect or violation of this Agreement; violation of any federal, state, or local law; any tort; arbitrators from JAMS and any other aspect of Employee’s compensation or employmentalternatively strike names until a single arbitrator remains. The arbitration shall take place in San Francisco, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with JAMS' rules and Employee procedures. Except as set forth in Section 10.13 hereof, Executive and the Company further agree that arbitration as provided for in this Section 10(e) shall section will be the exclusive and binding remedy for any such dispute and will be used instead of any court action, which is hereby expressly waived, except for any request by either party hereto for temporary or preliminary injunctive relief pending arbitration in accordance with applicable law, or an administrative claim with an administrative agency. The Federal Arbitration Act , and that the award of the arbitrator shall govern the interpretation be final and enforcement of such arbitration proceedingbinding on both parties, and nonappealable. The arbitrator shall apply have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the substantive law (arbitrator deems appropriate. The Company will be responsible for paying any filing fees and the law of remedies, if applicable) costs of the State of Californiaarbitration proceeding itself (for example, or federal lawarbitrators' fees, if California law is preempted. The arbitration conference room, transcripts), but each party shall be conducted in Los Angeles, California, unless otherwise mutually agreedresponsible for its own attorneys' fees. THE COMPANY AND EMPLOYEE EXECUTIVE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY.

Dispute Resolution and Binding Arbitration. Employee Executive and the Company agree that in the event a dispute arises concerning or relating to this Agreement, or to Employee’s Executive's employment with the Company, or any termination therefrom, all such disputes dispute shall be submitted to binding arbitration before an arbitrator experienced in employment law. Said arbitration will be conducted in accordance with the employment arbitration rules applicable to employment disputes of Judicial Arbitration and Mediation Services (“JAMS”). The Company will be responsible for paying any filing fees and costs of the arbitration proceeding itself (for example, arbitrators’ fees, conference room, transcripts), but each party shall be responsible for its own attorneys’ fees. The Company and Employee agree that this promise to arbitrate covers any disputes that the Company may have against Employee, or that Employee may have against ) by a single impartial arbitrator experienced in employment law selected as follows: if the Company and all Executive are unable to agree upon an impartial arbitrator within ten (10) days of its affiliated entities and their directors, officers and Employees, arising out of or relating to this Agreementa request for arbitration, the parties shall request a panel of employment relationship or termination of employment, including any claims concerning the validity, interpretation, effect or violation of this Agreement; violation of any federal, state, or local law; any tort; arbitrators from JAMS and any other aspect of Employee’s compensation or employmentalternatively strike names until a single arbitrator remains. The arbitration shall take place in San Francisco, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with JAMS' rules and Employee procedures. Executive and the Company further agree that arbitration as provided for in this Section 10(e) shall section will be the exclusive and binding remedy for any such dispute and will be used instead of any court action, which is hereby expressly waived, except for any request by either party hereto for temporary or preliminary injunctive relief pending arbitration in accordance with applicable law, or an administrative claim with an administrative agency. The Federal Arbitration Act parties further agree that the award of the arbitrator shall govern the interpretation be final and enforcement of such arbitration proceedingbinding on both parties. The arbitrator shall apply have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the substantive law (arbitrator deems appropriate. The Company will be responsible for paying any filing fees and the law of remedies, if applicable) costs of the State of Californiaarbitration proceeding itself (for example, or federal lawarbitrators' fees, if California law is preempted. The arbitration conference room, transcripts), but each party shall be conducted in Los Angeles, California, unless otherwise mutually agreedresponsible for its own attorneys' fees. THE COMPANY AND EMPLOYEE EXECUTIVE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY.

Dispute Resolution and Binding Arbitration. Employee Executive and the Company agree that in the event a dispute arises concerning or relating to this Agreement, or to Employee’s Executive's employment with the Company, or any termination therefrom, all such disputes dispute shall be submitted to binding arbitration before an arbitrator experienced in employment law. Said arbitration will be conducted in accordance with the employment arbitration rules applicable to employment disputes of Judicial Arbitration and Mediation Services (“"JAMS”). The Company will be responsible for paying any filing fees and costs of the arbitration proceeding itself (for example, arbitrators’ fees, conference room, transcripts), but each party shall be responsible for its own attorneys’ fees. The Company and Employee agree that this promise to arbitrate covers any disputes that the Company may have against Employee, or that Employee may have against ") by a single impartial arbitrator selected as follows: if the Company and all Executive are unable to agree upon an impartial arbitrator within ten (10) days of its affiliated entities and their directors, officers and Employees, arising out of or relating to this Agreementa request for arbitration, the parties shall request a panel of employment relationship or termination of employment, including any claims concerning the validity, interpretation, effect or violation of this Agreement; violation of any federal, state, or local law; any tort; arbitrators from JAMS and any other aspect of Employee’s compensation or employmentalternatively strike names until a single arbitrator remains. The arbitration shall take place in San Francisco, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with JAMS' rules and Employee further procedures. Except as set forth in Section 9 hereof, Executive and the Company agree that the arbitration as procedure provided for in this Section 10(e) shall section will be the exclusive avenue of redress for any disputes relating to or arising from Executive's employment with the Company, and that the award of the arbitrator shall be final and binding remedy for any such dispute on both parties, and will be used instead of any court action, which is hereby expressly waived, except for any request by either party hereto for temporary or preliminary injunctive relief pending arbitration in accordance with applicable law, or an administrative claim with an administrative agency. The Federal Arbitration Act shall govern the interpretation and enforcement of such arbitration proceedingnonappealable. The arbitrator shall apply the substantive law (have discretion to award monetary and the law of remedies, if applicable) of the State of Californiaother damages, or federal lawno damages, if California law is preemptedand to fashion such other relief as the arbitrator deems appropriate. The arbitration arbitrator shall be conducted also have discretion to award the prevailing party reasonable costs and attorneys' fees incurred in Los Angeles, California, unless otherwise mutually agreedbringing or defending an action under this provision. THE COMPANY AND EMPLOYEE EXECUTIVE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY.

Dispute Resolution and Binding Arbitration. Employee Executive and the Company agree that in the event a dispute arises concerning or relating to this Agreement, or to Employee’s Executive's employment with the Company, or any termination therefrom, all such disputes dispute shall be submitted to binding arbitration before an arbitrator experienced in employment law. Said arbitration will be conducted in accordance with the employment arbitration rules applicable to employment disputes of Judicial Arbitration and Mediation Services (“"JAMS”). The Company will be responsible for paying any filing fees and costs of the arbitration proceeding itself (for example, arbitrators’ fees, conference room, transcripts), but each party shall be responsible for its own attorneys’ fees. The Company and Employee agree that this promise to arbitrate covers any disputes that the Company may have against Employee, or that Employee may have against ") by a single impartial arbitrator experienced in employment law selected as follows: if the Company and all Executive are unable to agree upon an impartial arbitrator within ten days of its affiliated entities and their directors, officers and Employees, arising out of or relating to this Agreementa request for arbitration, the parties shall request a panel of employment relationship or termination of employment, including any claims concerning the validity, interpretation, effect or violation of this Agreement; violation of any federal, state, or local law; any tort; arbitrators from JAMS and any other aspect of Employee’s compensation or employmentalternatively strike names until a single arbitrator remains. The arbitration shall take place in San Francisco, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with JAMS' rules and Employee procedures. Executive and the Company further agree that arbitration as provided for in this Section 10(e) shall section will be the exclusive and binding remedy for any such dispute and will be used instead of any court action, which is hereby expressly waived, except for any request by either party hereto for temporary or preliminary injunctive relief pending arbitration in accordance with applicable law, or an administrative claim with an administrative agency. The Federal Arbitration Act parties further agree that the award of the arbitrator shall govern the interpretation be final and enforcement of such arbitration proceedingbinding on both parties. The arbitrator shall apply have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the substantive law (arbitrator deems appropriate. The Company will be responsible for paying any filing fees and the law of remedies, if applicable) costs of the State of Californiaarbitration proceeding itself (for example, or federal lawarbitrators' fees, if California law is preempted. The arbitration conference room, transcripts), but each party shall be conducted in Los Angeles, California, unless otherwise mutually agreedresponsible for its own attorneys' fees. THE COMPANY AND EMPLOYEE EXECUTIVE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY.