Arbitration of Disputes. Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive's employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American A
...rbitration Association ("AAA") in Boston, Massachusetts in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity other than the Executive or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity's agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8.
View More
Arbitration of Disputes.
(a) Arbitration Generally. Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive's employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination
or retaliation, whether based on
age race, religion, national origin, sex, gender, age, disability, sexual orientation, or
otherwise) any other protected class under applicable law, including without limitat...ion Massachusetts General Laws Chapter 151B) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association ("AAA") JAMS in Boston, Massachusetts in accordance with the JAMS Employment Dispute Resolution Rules of the AAA, Arbitration Rules, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event The Executive understands that any person or entity other than the Executive may only bring such claims in the Executive's individual capacity, and not as a plaintiff or class member in any purported class proceeding or any purported representative proceeding. The Executive further understands that, by signing this Agreement, the Company and the Executive are giving up any right they may be have to a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity's agreement. jury trial on all claims they may have against each other. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 9 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 9 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; appropriate, including without limitation relief sought under the Restrictive Covenants Agreement; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8. 9. (b) Arbitration Fees and Costs. The Executive shall be required to pay an arbitration fee to initiate any arbitration equal to what the Executive would be charged as a first appearance fee in court. The Company shall advance the remaining fees and costs of the arbitrator. However, to the extent permissible under the law, and following the arbitrator's ruling on the matter, the arbitrator may rule that the arbitrator's fees and costs be distributed in an alternative manner. Each party shall pay its own costs and attorneys' fees, if any. If, however, any party prevails on a statutory or contractual claim that affords the prevailing party attorneys' fees (including pursuant to this Agreement), the arbitrator may award attorneys' fees to the prevailing party to the extent permitted by law. 11 10. Consent to Jurisdiction. To the extent that any court action is permitted consistent with or to enforce Section 9 of this Agreement, the parties hereby consent to the jurisdiction of the state and federal courts of the Commonwealth of Massachusetts. Accordingly, with respect to any such court action, the Executive (a) submits to the exclusive personal jurisdiction of such courts; (b) consents to service of process; and (c) waives any other requirement (whether imposed by statute, rule of court, or otherwise) with respect to personal jurisdiction or service of process.
View More
Arbitration of Disputes.
Any Except as otherwise provided in the last sentence of this Section 9 with respect to equitable proceedings and remedies, any controversy or claim arising out of or relating to this
Agreement Agreement, the performance or
the non-performance (actual or alleged) by either party of any of such party's respective obligations hereunder or any actual or alleged breach
thereof or otherwise arising out of the Executive's employment or the termination of that employment (including, without limitation,... any claims of unlawful employment discrimination whether based on age or otherwise) thereof, shall, to the fullest extent permitted by law, be settled resolved exclusively by binding arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association ("AAA") in Boston, Massachusetts Orange County, California in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity person, other than the Executive or the Company Company, may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to 8 arbitration subject to such other person or entity's agreement. person's agreement thereto. Judgment upon the award rendered by the arbitrator in any such arbitration proceeding may be entered in any court having jurisdiction thereof. This Section 8 shall be specifically enforceable. The reasonable fees and disbursements of the prevailing party's legal counsel, accountants and experts incurred in connection with any such arbitration proceeding shall be paid by the non-prevailing party in such arbitration proceeding. Notwithstanding anything to the foregoing, contrary that may be contained in this Section 8 9, however, each party shall not preclude either party from pursuing a be entitled to bring an action in any court action of competent jurisdiction for the sole purpose of obtaining a temporary restraining order or a preliminary or permanent injunction or other equitable remedies in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8. appropriate.
View More
Arbitration of Disputes.
Any Except as otherwise provided in the last sentence of this Section 9 with respect to equitable proceedings and remedies, any controversy or claim arising out of or relating to this
Agreement Agreement, the performance or
the non-performance (actual or alleged) by either party of any of such party's respective obligations hereunder or any actual or alleged breach
thereof or otherwise arising out of the Executive's employment or the termination of that employment (including, without limitation,... any claims of unlawful employment discrimination whether based on age or otherwise) thereof, shall, to the fullest extent permitted by law, be settled resolved exclusively by binding arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association ("AAA") in Boston, Massachusetts Orange County, California in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity person, other than the Executive or the Company Company, may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity's agreement. person's agreement thereto. Judgment upon the award rendered by the arbitrator in any such arbitration 8 proceeding may be entered in any court having jurisdiction thereof. This Section 8 shall be specifically enforceable. The reasonable fees and disbursements of the prevailing party's legal counsel, accountants and experts incurred in connection with any such arbitration proceeding shall be paid by the non-prevailing party in such arbitration proceeding. Notwithstanding anything to the foregoing, contrary that may be contained in this Section 8 9, however, each party shall not preclude either party from pursuing a be entitled to bring an action in any court action of competent jurisdiction for the sole purpose of obtaining a temporary restraining order or a preliminary or permanent injunction or other equitable remedies in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8. appropriate.
View More
Arbitration of Disputes.
Any Except for provisional injunctive relief which either party may seek in court, any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive's employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the pa
...rties or, in the absence of such an agreement, under the auspices of the American Arbitration Association ("AAA") in Boston, Massachusetts Santa Clara, California in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. arbitrators, which can be located at https://www.adr.org/employment. In the event that any person or entity other than the Executive or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity's agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 9 shall be specifically enforceable. Notwithstanding To the foregoing, this Section 8 shall not preclude extent either party from pursuing initiates an employment claim, then the Company shall pay for the costs of arbitration, including any administrative or hearing fees charged by the arbitrator or AAA, except that Executive shall pay any filing fees associated with any employment claim arbitration that Executive initiates, but only so much of the filing fees as Executive would have instead paid had he filed a complaint in a court action for of law. To the sole purpose extent that either party initiates a non-employment claim, then each party shall bear an equal (pro-rata) share of obtaining any arbitration costs, including any administrative or hearing fees charged by the arbitrator or JAMS. The parties agree that, to the extent permitted by law, they are waiving their right to a temporary restraining order or have a preliminary injunction in circumstances in which such relief is appropriate; provided that jury decide any other relief shall be pursued through an arbitration proceeding pursuant claim subject to this Section 8. Section.
View More
Arbitration of Disputes. Any controversy or claim arising out of or relating to this Agreement or the breach thereof
or otherwise arising out of the Executive's employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of
the American A...rbitration Association ("AAA") JAMS in Boston, Massachusetts Chicago, Illinois in accordance with the JAMS Employment Dispute Resolution Arbitration Rules & Procedures and subject to JAMS Policy on Employment Arbitration Minimum Standards of the AAA, Procedural Fairness, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that If any person or entity other than the Executive Employee or the Company may be is a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity's agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 18 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 18 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided provided, however, that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8. 18. Further notwithstanding the foregoing, this Section 18 shall not limit the Company's ability to terminate Employee's employment at any time.
View More
Arbitration of Disputes. Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive's employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the
parties Parties or, in the absence of such an agreement, under the auspices of the Am
...erican Arbitration Association ("AAA") in Boston, Massachusetts Bethesda, Maryland in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity other than the Executive or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity's agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 10 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 10 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8. 10. 13 11. Consent to Jurisdiction. To the extent that any court action is permitted consistent with or to enforce Section 10 of this Agreement, the Parties hereby consents to personal jurisdiction and exclusive venue in the United States District Court for Maryland, if such Court can exercise jurisdiction. In the event the foregoing Court lacks jurisdiction, the Executive consents to personal jurisdiction and exclusive venue in the Circuit Court in and for Montgomery County, Maryland. Accordingly, with respect to any such court action, the Executive (a) submits to the personal jurisdiction of such courts; (b) consents to service of process; and (c) waives any other requirement (whether imposed by statute, rule of court, or otherwise) with respect to personal jurisdiction or service of process.
View More
Arbitration of Disputes.
Any Except as otherwise provided in Section 8(i) above and the last sentence of this Section 9 with respect to equitable proceedings and remedies, any controversy or claim arising out of or relating to this
Agreement Agreement, the performance or
the non-performance (actual or alleged) by either party of any of such party's respective obligations hereunder or any actual or alleged breach
thereof thereof, or otherwise arising out of the Executive's employment or the termination of that employment
... (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled resolved exclusively by binding arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association ("AAA") in Boston, Massachusetts Orange County, California in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity Person other than the Executive or the Company Employer may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity's agreement. Person's agreement thereto. Judgment upon the award rendered by the arbitrator in any such arbitration proceeding may be entered in any court having jurisdiction thereof. This Section 8 9 shall be specifically enforceable. The reasonable fees and disbursements of the prevailing party's legal counsel, accountants and experts incurred in connection with any such arbitration proceeding shall be paid by the non-prevailing party in such arbitration proceeding. Notwithstanding anything to the foregoing, contrary that may be contained in this Section 8 9, each party shall not preclude either party from pursuing a be entitled to bring an action in any court action of competent jurisdiction for the sole purpose of obtaining a temporary restraining order or a preliminary or permanent injunction or other equitable remedies in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8. appropriate.
View More
Arbitration of Disputes. Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of
Consultant's performance of the
Executive's employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) Services shall, to the fullest extent permitted by law, be settled by arbitration
before a single arbitrator in any forum and form agreed upon by the parties or, in the ab
...sence of such an agreement, under the auspices of the American Arbitration Association ("AAA") in Boston, Massachusetts New York, New York in accordance with the Employment Dispute Resolution Expedited Procedures of the Commercial Arbitration Rules and Mediation Procedures of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. The prevailing party in any such arbitration shall be entitled to the fees charged by AAA for administering the arbitration and the fees charged by the arbitrator for his or her services. In the event that any person or entity other than the Executive Consultant or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity's agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 shall be specifically enforceable. subject to enforcement through specific enforcement. Notwithstanding the foregoing, this Section 8 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; appropriate or enforcing an arbitration award made an accordance with this Section; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8. Section.
View More
Arbitration of Disputes. Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise
arising out of the Executive's employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, relating to the
fullest extent permitted by law, Employee's employment with the Bank or its termination, including without limitation statutory claims (including without 5 limitation statutory... discrimination or wage claims) and common law contract and tort claims shall be settled exclusively by arbitration in any forum accordance with the laws of the Commonwealth of Massachusetts and form agreed upon by the parties or, in the absence of such an agreement, under the auspices Employment Arbitration Rules of the American Arbitration Association ("AAA") Association. Such arbitration shall be conducted in Boston, Massachusetts in accordance with the Employment Dispute Resolution Rules City of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. Boston. In the event that any person or entity other than the Executive Employee or the Company Bank may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity's agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 9 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8. 9.
View More
Arbitration of Disputes. Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive's employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or
otherwise) otherwise and any other claims based on any statute) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the parties or, in the absence of su
...ch an agreement, under the auspices of the American Arbitration Association ("AAA") in Boston, Massachusetts Fort Lauderdale, Florida in accordance with the Employment Dispute Resolution Arbitration Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity other than the Executive or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity's agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 10 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 10 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8. 10. Notwithstanding the above, if the Company has moved the Executive's principal place of work to the Santa Clara, California area prior to a proceeding referred to in this Section, then "California" and "San Jose, California" shall be substituted for "Florida" and "Fort Lauderdale, Florida" above.
View More
