Common use of Dispute Resolutions Clause in Contracts

Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorney's fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgement may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHIORE, INC. __________________________ By:___________________________ Xxxxxx X. Xxxxxxxx, Xx. Title:________________________ Date:______________________ Date:_________________________ Schedule A - Counties and Parishes in which Competition is Prohibited I. TEXAS Xxxxxxxxx Xxxxxxxx Xxxxxx Galveston Brazoria Xxxxxxx Aransas Nueces Xxxxxxx XX. LOUISIANA Cameron Vermilion Lafayette Iberia St. Xxxx Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Xxxxxxx Xxxxxxxx Xxxxxxx

Appears in 1 contract

Samples: Employment Agreement (Torch Offshore Inc)

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Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorney's attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgement Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHIOREOFFSHORE, INC. __________________________ /s/ Eric X. Xxxxx By:___________________________ Xxxxxx : /s/ Lyle Xxxxxxxxxx ---------------------------------- -------------------------------------- Eric X. Xxxxxxxx, Xx. Xxxxx Title:________________________ : Chairman & CEO ----------------------------------- Date:______________________ : 1-15-2001 Date:_________________________ : 1-15-2001 ------------------------------- ------------------------------------ Schedule A - Counties and Parishes in which Competition is Prohibited I. TEXAS Xxxxxxxxx Xxxxxxxx Xxxxxx Galveston Brazoria Xxxxxxx Aransas Nueces Xxxxxxx XX. LOUISIANA Cameron Vermilion Lafayette Iberia St. Xxxx Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Xxxxxxx Xxxxxxxx XxxxxxxProhibited

Appears in 1 contract

Samples: Employment Agreement (Torch Offshore Inc)

Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 5, 6 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorney's attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgement Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHIOREOFFSHORE, INC. ____________________________ By:_______________________________________ Xxxxxx X. Xxxxxxxx, Xx. Xxxxxx Title:____________________________________ Date:_______________________ Date:_____________________________________ Schedule A - Counties and Parishes in which Competition is Prohibited I. TEXAS Xxxxxxxxx Xxxxxxxx Xxxxxx Galveston Brazoria Xxxxxxx Aransas Nueces Xxxxxxx XX. LOUISIANA Cameron Vermilion Lafayette Iberia St. Xxxx Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Xxxxxxx Xxxxxxxx Xxxxxxx

Appears in 1 contract

Samples: Employment Agreement (Torch Offshore Inc)

Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorney's attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgement Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHIOREOFFSHORE, INC. __________________________ By:___________________________ Xxxxxx X. Xxxxxxxx, Xx. Title:________________________ Date:______________________ Date:_________________________ Schedule A - Counties and Parishes in which Competition is Prohibited I. TEXAS Xxxxxxxxx Xxxxxxxx Xxxxxx Galveston Brazoria Xxxxxxx Aransas Nueces Xxxxxxx XX. LOUISIANA Cameron Vermilion Lafayette Iberia St. Xxxx Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Xxxxxxx Xxxxxxxx Xxxxxxx.

Appears in 1 contract

Samples: Employment Agreement (Torch Offshore Inc)

Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorney's attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgement Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHIOREOFFSHORE, INC. __________________________ /s/ Willxx X. Xxxxxxxx, Xx. By:___________________________ Xxxxxx : /s/ Lyle Xxxxxxxxxx ---------------------------------- -------------------------------------- Willxx X. Xxxxxxxx, Xx. Title:________________________ : President & CEO ----------------------------------- Date:1-15-2001 Date:______________________ Date:_________________________ : 1-15-2001 ----------------------------- ------------------------------------ Schedule A - Counties and Parishes in which Competition is Prohibited I. TEXAS Xxxxxxxxx Xxxxxxxx Xxxxxx Galveston Brazoria Xxxxxxx Aransas Nueces Xxxxxxx XX. LOUISIANA Cameron Vermilion Lafayette Iberia St. Xxxx Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Xxxxxxx Xxxxxxxx XxxxxxxProhibited

Appears in 1 contract

Samples: Employment Agreement (Torch Offshore Inc)

Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorney's attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgement Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHIOREOFFSHORE, INC. __________________________ /s/ Jamex X. Xxxxxx By:___________________________ : /s/ Lyle Xxxxxxxxxx ---------------------------------- -------------------------------------- Jamex X. Xxxxxx X. Xxxxxxxx, Xx. Title:________________________ : Chairman & CEO ----------------------------------- Date:______________________ : 1-15-2001 Date:_________________________ : 1-15-2001 ----------------------------- ------------------------------------ Schedule A - Counties and Parishes in which Competition is Prohibited I. TEXAS Xxxxxxxxx Xxxxxxxx Xxxxxx Galveston Brazoria Xxxxxxx Aransas Nueces Xxxxxxx XX. LOUISIANA Cameron Vermilion Lafayette Iberia St. Xxxx Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Xxxxxxx Xxxxxxxx XxxxxxxProhibited

Appears in 1 contract

Samples: Employment Agreement (Torch Offshore Inc)

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Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorney's fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgement Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHIOREOFFSHORE, INC. __________________________ By:___________________________ Xxxxxx X. XxxxxxxxWillie J. Bergeron, Xx. TitleJr. Xxxxx:________________________ Date:______________________ Date:_________________________ Schedule A - Counties and Parishes in which Competition is Prohibited I. TEXAS Xxxxxxxxx Xxxxxxxx Xxxxxx Galveston Brazoria Xxxxxxx Aransas Nueces Xxxxxxx XX. LOUISIANA Cameron Vermilion Lafayette Iberia St. Xxxx Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Xxxxxxx Xxxxxxxx Xxxxxxxprohibited.

Appears in 1 contract

Samples: Employment Agreement (Torch Offshore Inc)

Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorney's attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgement Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHIOREOFFSHORE, INC. __________________________ /s/ Ernexx X. Xxxxxxxx XXX By:___________________________ Xxxxxx : Lyle Xxxxxxxxxx ---------------------------------- -------------------------------------- Ernexx X. Xxxxxxxx, Xx. "Xxbbxx" Xxbixxxx XXX Title:________________________ : Chairman & CEO ----------------------------------- Date:______________________ : 1-15-2001 Date:_________________________ : 1-15-2001 ----------------------------- ------------------------------------ Schedule A - Counties and Parishes in which Competition is Prohibited I. TEXAS Xxxxxxxxx Xxxxxxxx Xxxxxx Galveston Brazoria Xxxxxxx Aransas Nueces Xxxxxxx XX. LOUISIANA Cameron Vermilion Lafayette Iberia St. Xxxx Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Xxxxxxx Xxxxxxxx XxxxxxxProhibited

Appears in 1 contract

Samples: Employment Agreement (Torch Offshore Inc)

Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorney's attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgement Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHIOREOFFSHORE, INC. __________________________ /s/ Vincxxx Xxxxxxx By:___________________________ Xxxxxx X. Xxxxxxxx, Xx. : /s/ Lyle Xxxxxxxxxx ---------------------------------- -------------------------------------- Vincxxx Xxxxxxx Title:________________________ : Chairman & CEO ----------------------------------- Date:______________________ : 1-15-01 Date:_________________________ : 1-15-2001 ----------------------------- ------------------------------------ Schedule A - Counties and Parishes in which Competition is Prohibited I. TEXAS Xxxxxxxxx Xxxxxxxx Xxxxxx Galveston Brazoria Xxxxxxx Aransas Nueces Xxxxxxx XX. LOUISIANA Cameron Vermilion Lafayette Iberia St. Xxxx Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Xxxxxxx Xxxxxxxx XxxxxxxProhibited

Appears in 1 contract

Samples: Employment Agreement (Torch Offshore Inc)

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