supplement the terms or conditions of this Agreement unless hereafter made (a) in writing, (b) referencing an express provision in this Agreement, (c) signed by the party to be bound, and (d) in the case of Summit, approved by a disinterested majority of the Board of Directors of Summit.
L. LEGAL CONSULTATION
27. Each party acknowledges that it has carefully read this Agreement, that it has had an opportunity to consult with attorneys concerning the meaning, import and legal significance of this Agreement, that it understands the terms of the Agreement, that all understandings and agreements between Employee and Summit relating to the subjects covered in this Agreement are contained in it, and that it has entered into the Agreement voluntarily and not in reliance on any promises or representations by the other except those contained in this Agreement.
28. Employee shall, upon the request of Summit, testify or otherwise assist in litigation, arbitration, or other disputes involving Summit, or any of the directors, officers, employees, subsidiaries, or parent corporations of either, at no additional cost during the term of this Agreement and at any time following the termination of this Agreement, provided Summit reimburses Employee for all reasonable expenses she incurs in connection with such assistance.
29. In the event either party institutes litigation to enforce or protect its rights under this Agreement, the prevailing party in such litigation shall be entitled, in addition to all other relief, to reasonable attorneys fees, out-of-pocket costs and disbursements relating to such litigation.
30. This Agreement may be executed in counterparts (which counterparts may be delivered by facsimile or other commonly used electronic means), each of which shall be considered one and the same agreement and shall become effective when both counterparts have been signed by each of the parties and delivered to the other party, it being understood that both parties need not sign the same counterpart.
31. Subject only to Summits rights described in Paragraph 20 (Remedies), the parties agree to individual arbitration of all claims of any kind or character between them, including, but not limited to, all claims that relate to, result from, or in any way arise out of this Agreement or the employment relationship between Employee and Summit. The arbitration shall be conducted in accordance with the Employment Dispute Arbitration Rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In reaching his or her decision, the arbitrator shall have no authority to ignore, change, modify, add to or delete from any provision of this Agreement. The parties agree that claims shall be arbitrated on an individual basis only, and that the panel shall not have jurisdiction to arbitrate any form of class or collective proceeding. The parties further agree that the arbitration panel shall have sole authority to decide all disputes between the parties, including, but not limited to, threshold issues such as the interpretation, validity, revocability, or enforceability of this Agreement or any part thereof, or the arbitrability of the parties dispute or any part thereof (i.e., whether any particular claim is subject to arbitration under this Agreement).
32. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION AND FURTHER AGREE THAT EITHER PARTY MAY FILE AN ORIGINAL OR A COPY OF THIS AGREEMENT WITH ANY COURT AS EVIDENCE OF THE CONSENT OF THE PARTIES TO WAIVER.
33. Summit shall not have any obligation to set aside, earmark or entrust any fund or money with which to pay its obligations under this Agreement. Employee or any successor-in-interest to Employee