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Arbitration Clause Example with 75 Variations from Business Contracts
This page contains Arbitration clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Arbitration. To ensure the rapid and economical resolution of disputes that may arise in connection with your employment with the Company, you and the Company agree that any and all disputes, claims, or causes of action, in law or equity, including but not limited to statutory claims, arising from or relating to the enforcement, breach, performance, or interpretation of this letter Agreement, your employment with the Company, or the termination of your employment, shall be resolved pursuant to the Federal Ar...bitration Act, 9 U.S.C. § 1-16, to the fullest extent permitted by law, by final, binding and confidential arbitration conducted by JAMS or its successor, under JAMS' then applicable rules and procedures for employment disputes before a single arbitrator (available upon request and also currently available at http://www.jamsadr.com/rules-employment-arbitration/). You acknowledge that by agreeing to this arbitration procedure, both you and the Company waive the right to resolve any such dispute through a trial by jury or judge or administrative proceeding. In addition, all claims, disputes, or Amended Employment Offer Page 6 causes of action under this section, whether by you or the Company, must be brought in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences regarding class claims or proceedings are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration. This paragraph shall not apply to any action or claim that cannot be subject to mandatory arbitration as a matter of law, including, without limitation, claims brought pursuant to the California Private Attorneys General Act of 2004, as amended, the California Fair Employment and Housing Act, as amended, and the California Labor Code, as amended, to the extent such claims are not permitted by applicable law(s) to be submitted to mandatory arbitration and the applicable law(s) are not preempted by the Federal Arbitration Act or otherwise invalid (collectively, the "Excluded Claims")." In the event you intend to bring multiple claims, including one of the Excluded Claims listed above, the Excluded Claims may be filed with a court, while any other claims will remain subject to mandatory arbitration. You will have the right to be represented by legal counsel at any arbitration proceeding. Questions of whether a claim is subject to arbitration under this agreement shall be decided by the arbitrator. Likewise, procedural questions which grow out of the dispute and bear on the final disposition are also matters for the arbitrator. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (b) issue a written statement signed by the arbitrator regarding the disposition of each claim and the relief, if any, awarded as to each claim, the reasons for the award, and the arbitrator's essential findings and conclusions on which the award is based. The arbitrator shall be authorized to award all relief that you or the Company would be entitled to seek in a court of law. The Company shall pay all JAMS arbitration fees in excess of the administrative fees that you would be required to pay if the dispute were decided in a court of law. Nothing in this letter agreement is intended to prevent either you or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any 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.
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Found in
Lyell Immunopharma, Inc. contract
Variations of a "Arbitration" Clause from Business Contracts
Arbitration. To ensure the rapid and economical resolution (a) Arbitration. In consideration of disputes that may arise in connection with your Employee's employment with the Company, you and the Company and Employee agree that any and all disputes, controversies, claims, or causes disputes with anyone (including the Company and any employee, officer, director, shareholder or benefit plan of action, the Company in law their capacity as such or equity, including but not limited to statutory claims, otherwise)... arising out of, relating to, or resulting from Employee's employment with the Company or relating to the enforcement, breach, performance, or interpretation termination of this letter Agreement, your Employee's employment with the Company, including any breach of this Agreement, but not including those arising out of, relating to, or resulting from the termination of your employment, shall PIAA, will be resolved pursuant subject to the Federal Arbitration Act, 9 U.S.C. § 1-16, binding arbitration. Disputes which Employee agrees to the fullest extent permitted by law, by final, binding arbitrate, and confidential arbitration conducted by JAMS or its successor, under JAMS' then applicable rules and procedures for employment disputes before a single arbitrator (available upon request and also currently available at http://www.jamsadr.com/rules-employment-arbitration/). You acknowledge that by agreeing thereby agrees to this arbitration procedure, both you and the Company waive the any right to resolve any such dispute through a trial by jury jury, include any statutory claims under state or judge federal law, including, but not limited to, claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act, discrimination or wrongful termination and any statutory claims. Employee further understands that this Agreement to arbitrate also applies to any disputes that the Company may have with Employee. (b) Procedure. Employee agrees that any arbitration will be administered by the American Arbitration Association ("AAA") and that the neutral arbitrator will be selected in a manner consistent with its National Rules for the Resolution of Employment Disputes ("the Rules"). Employee agrees that the arbitrator will administer and conduct any arbitration in a manner consistent with the Rules. (c) Remedy. Except as provided by this Agreement and by the Rules, including any provisional relief offered therein, arbitration will be the sole, exclusive and final remedy for any dispute between Employee and the Company. Accordingly, except as provided for by the Rules and this Agreement, neither Employee nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. (d) Administrative Relief. Employee understands that this Agreement does not prohibit Employee from pursuing an administrative proceeding. In addition, all claims, disputes, claim with a local, state or Amended federal administrative body such as the Equal Employment Offer Page 6 causes of action under this section, whether by you Opportunity Commission or the Company, must be brought in an individual capacity, workers' compensation board. 10 DocuSign Envelope ID: 9AC8A669-45E5-4640-99C9-183FAE9E4266 This Agreement does, however, preclude Employee from pursuing court action regarding any such claim. (e) Voluntary Nature of Agreement. Employee acknowledges and shall not be brought as a plaintiff (or claimant) agrees that Employee is executing this Agreement voluntarily and without any duress or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences regarding class claims or proceedings are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration. This paragraph shall not apply to any action or claim that cannot be subject to mandatory arbitration as a matter of law, including, without limitation, claims brought pursuant to the California Private Attorneys General Act of 2004, as amended, the California Fair Employment and Housing Act, as amended, and the California Labor Code, as amended, to the extent such claims are not permitted by applicable law(s) to be submitted to mandatory arbitration and the applicable law(s) are not preempted undue influence by the Federal Arbitration Act Company or otherwise invalid (collectively, anyone else. Employee further acknowledges and agrees that Employee has carefully read this Agreement and that Employee has asked any questions needed for Employee to understand the "Excluded Claims")." In the event you intend to bring multiple claims, terms, consequences and binding effect of this Agreement and fully understands it, including one of the Excluded Claims listed above, the Excluded Claims may be filed with a court, while any other claims will remain subject to mandatory arbitration. You will have the that Employee is waiving Employee's right to be represented by legal counsel at any arbitration proceeding. Questions of whether a claim is subject to arbitration under this agreement shall be decided by the arbitrator. Likewise, procedural questions which grow out of the dispute and bear on the final disposition are also matters for the arbitrator. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (b) issue a written statement signed by the arbitrator regarding the disposition of each claim and the relief, if any, awarded as to each claim, the reasons for the award, and the arbitrator's essential findings and conclusions on which the award is based. The arbitrator shall be authorized to award all relief jury trial. Finally, Employee agrees that you or the Company would be entitled Employee has been provided an opportunity to seek in a court the advice of law. The Company shall pay all JAMS arbitration fees in excess an attorney of the administrative fees that you would be required to pay if the dispute were decided in a court of law. Nothing in Employee's choice before signing this letter agreement is intended to prevent either you or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any 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. Agreement.
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Found in
TREVENA INC contract
Arbitration. To ensure the rapid and economical resolution (a) Arbitration. In consideration of disputes that may arise in connection with your Executive's employment with the Company, you and the Company and Executive agree that any and all disputes, controversies, claims, or causes disputes with anyone (including the Company and any employee, officer, director, shareholder or benefit plan of action, the Company in law their capacity as such or equity, including but not limited to statutory claims, otherwis...e) arising out of, relating to, or resulting from Executive's employment with the Company or relating to the enforcement, breach, performance, or interpretation termination of this letter Agreement, your Executive's employment with the Company, including any breach of this Agreement, but not including those arising out of, relating to, or resulting from the termination of your employment, shall PIAA, will be resolved pursuant subject to the Federal Arbitration Act, 9 U.S.C. § 1-16, binding arbitration. Disputes which Executive agrees to the fullest extent permitted by law, by final, binding arbitrate, and confidential arbitration conducted by JAMS or its successor, under JAMS' then applicable rules and procedures for employment disputes before a single arbitrator (available upon request and also currently available at http://www.jamsadr.com/rules-employment-arbitration/). You acknowledge that by agreeing thereby agrees to this arbitration procedure, both you and the Company waive the any right to resolve any such dispute through a trial by jury jury, include any statutory claims under state or judge federal law, including, but not limited to, claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act, discrimination or wrongful termination and any statutory claims. Executive further understands that this Agreement to arbitrate also applies to any disputes that the Company may have with Executive. (b) Procedure. Executive agrees that any arbitration will be administered by the American Arbitration Association ("AAA") and that the neutral arbitrator will be selected in a manner consistent with its National Rules for the Resolution of Employment Disputes ("the Rules"). Executive agrees that the arbitrator will administer and conduct any arbitration in a manner consistent with the Rules. (c) Remedy. Except as provided by this Agreement and by the Rules, including any provisional relief offered therein, arbitration will be the sole, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Rules and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. (d) Administrative Relief. Executive understands that this Agreement does not prohibit Executive from pursuing an administrative proceeding. In addition, all claims, disputes, claim with a local, state or Amended federal administrative body such as the 8 Equal Employment Offer Page 6 causes of action under this section, whether by you Opportunity Commission or the Company, must be brought in an individual capacity, workers' compensation board. This Agreement does, however, preclude Executive from pursuing court action regarding any such claim. (e) Voluntary Nature of Agreement. Executive acknowledges and shall not be brought as a plaintiff (or claimant) agrees that Executive is executing this Agreement voluntarily and without any duress or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences regarding class claims or proceedings are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration. This paragraph shall not apply to any action or claim that cannot be subject to mandatory arbitration as a matter of law, including, without limitation, claims brought pursuant to the California Private Attorneys General Act of 2004, as amended, the California Fair Employment and Housing Act, as amended, and the California Labor Code, as amended, to the extent such claims are not permitted by applicable law(s) to be submitted to mandatory arbitration and the applicable law(s) are not preempted undue influence by the Federal Arbitration Act Company or otherwise invalid (collectively, anyone else. Executive further acknowledges and agrees that Executive has carefully read this Agreement and that Executive has asked any questions needed for Executive to understand the "Excluded Claims")." In the event you intend to bring multiple claims, terms, consequences and binding effect of this Agreement and fully understands it, including one of the Excluded Claims listed above, the Excluded Claims may be filed with a court, while any other claims will remain subject to mandatory arbitration. You will have the that Executive is waiving Executive's right to be represented by legal counsel at any arbitration proceeding. Questions of whether a claim is subject to arbitration under this agreement shall be decided by the arbitrator. Likewise, procedural questions which grow out of the dispute and bear on the final disposition are also matters for the arbitrator. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (b) issue a written statement signed by the arbitrator regarding the disposition of each claim and the relief, if any, awarded as to each claim, the reasons for the award, and the arbitrator's essential findings and conclusions on which the award is based. The arbitrator shall be authorized to award all relief jury trial. Finally, Executive agrees that you or the Company would be entitled Executive has been provided an opportunity to seek in a court the advice of law. The Company shall pay all JAMS arbitration fees in excess an attorney of the administrative fees that you would be required to pay if the dispute were decided in a court of law. Nothing in Executive's choice before signing this letter agreement is intended to prevent either you or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any 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. Agreement.
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TREVENA INC contract
Arbitration. To ensure the rapid and economical resolution (a) Arbitration. In consideration of disputes that may arise in connection with your Executive's employment with the Company, you and the Company and Executive agree that any and all disputes, controversies, claims, or causes disputes with anyone (including the Company and any employee, officer, director, shareholder or benefit plan of action, the Company in law their capacity as such or equity, including but not limited to statutory claims, otherwis...e) arising out of, relating to, or resulting from Executive's employment with the Company or relating to the enforcement, breach, performance, or interpretation termination of this letter Agreement, your Executive's employment with the Company, including any breach of this Agreement, but not including those arising out of, relating to, or resulting from the termination of your employment, shall PIAA, will be resolved pursuant subject to the Federal Arbitration Act, 9 U.S.C. § 1-16, binding arbitration. Disputes which Executive agrees to the fullest extent permitted by law, by final, binding arbitrate, and confidential arbitration conducted by JAMS or its successor, under JAMS' then applicable rules and procedures for employment disputes before a single arbitrator (available upon request and also currently available at http://www.jamsadr.com/rules-employment-arbitration/). You acknowledge that by agreeing thereby agrees to this arbitration procedure, both you and the Company waive the any right to resolve any such dispute through a trial by jury jury, include any statutory claims under state or judge federal law, including, but not limited to, claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act, discrimination or wrongful termination and any statutory 9 claims. Executive further understands that this Agreement to arbitrate also applies to any disputes that the Company may have with Executive. (b) Procedure. Executive agrees that any arbitration will be administered by the American Arbitration Association ("AAA") and that the neutral arbitrator will be selected in a manner consistent with its National Rules for the Resolution of Employment Disputes (the "Rules"). Executive agrees that the arbitrator will administer and conduct any arbitration in a manner consistent with the Rules. (c) Remedy. Except as provided by this Agreement and by the Rules, including any provisional relief offered therein, arbitration will be the sole, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Rules and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. (d) Administrative Relief. Executive understands that this Agreement does not prohibit Executive from pursuing an administrative proceeding. In addition, all claims, disputes, claim with a local, state or Amended federal administrative body such as the Equal Employment Offer Page 6 causes of action under this section, whether by you Opportunity Commission or the Company, must be brought in an individual capacity, workers' compensation board. This Agreement does, however, preclude Executive from pursuing court action regarding any such claim. (e) Voluntary Nature of Agreement. Executive acknowledges and shall not be brought as a plaintiff (or claimant) agrees that Executive is executing this Agreement voluntarily and without any duress or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences regarding class claims or proceedings are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration. This paragraph shall not apply to any action or claim that cannot be subject to mandatory arbitration as a matter of law, including, without limitation, claims brought pursuant to the California Private Attorneys General Act of 2004, as amended, the California Fair Employment and Housing Act, as amended, and the California Labor Code, as amended, to the extent such claims are not permitted by applicable law(s) to be submitted to mandatory arbitration and the applicable law(s) are not preempted undue influence by the Federal Arbitration Act Company or otherwise invalid (collectively, anyone else. Executive further acknowledges and agrees that Executive has carefully read this Agreement and that Executive has asked any questions needed for Executive to understand the "Excluded Claims")." In the event you intend to bring multiple claims, terms, consequences and binding effect of this Agreement and fully understands it, including one of the Excluded Claims listed above, the Excluded Claims may be filed with a court, while any other claims will remain subject to mandatory arbitration. You will have the that Executive is waiving Executive's right to be represented by legal counsel at any arbitration proceeding. Questions of whether a claim is subject to arbitration under this agreement shall be decided by the arbitrator. Likewise, procedural questions which grow out of the dispute and bear on the final disposition are also matters for the arbitrator. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (b) issue a written statement signed by the arbitrator regarding the disposition of each claim and the relief, if any, awarded as to each claim, the reasons for the award, and the arbitrator's essential findings and conclusions on which the award is based. The arbitrator shall be authorized to award all relief jury trial. Finally, Executive agrees that you or the Company would be entitled Executive has been provided an opportunity to seek in a court the advice of law. The Company shall pay all JAMS arbitration fees in excess an attorney of the administrative fees that you would be required to pay if the dispute were decided in a court of law. Nothing in Executive's choice before signing this letter agreement is intended to prevent either you or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any 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. Agreement.
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TREVENA INC contract
Arbitration. To ensure the rapid and economical resolution (a) Arbitration. In consideration of disputes that may arise in connection with your Executive's employment with the Company, you and the Company and Executive agree that any and all disputes, controversies, claims, or causes disputes with anyone (including the Company and any employee, officer, director, shareholder or benefit plan of action, the Company in law their capacity as such or equity, including but not limited to statutory claims, otherwis...e) arising out of, relating to, or resulting from or relating to the enforcement, breach, performance, or interpretation of this letter Agreement, your Executive's employment with the Company, Company or the termination of your employment, shall Executive's employment with the 9 Company, including any breach of this Agreement, but not including those arising out of, relating to, or resulting from the PIAA, will be resolved pursuant subject to the Federal Arbitration Act, 9 U.S.C. § 1-16, binding arbitration. Disputes which Executive agrees to the fullest extent permitted by law, by final, binding arbitrate, and confidential arbitration conducted by JAMS or its successor, under JAMS' then applicable rules and procedures for employment disputes before a single arbitrator (available upon request and also currently available at http://www.jamsadr.com/rules-employment-arbitration/). You acknowledge that by agreeing thereby agrees to this arbitration procedure, both you and the Company waive the any right to resolve any such dispute through a trial by jury jury, include any statutory claims under state or judge federal law, including, but not limited to, claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act, discrimination or wrongful termination and any statutory claims. Executive further understands that this Agreement to arbitrate also applies to any disputes that the Company may have with Executive. (b) Procedure. Executive agrees that any arbitration will be administered by the American Arbitration Association ("AAA") and that the neutral arbitrator will be selected in a manner consistent with its National Rules for the Resolution of Employment Disputes (the "Rules"). Executive agrees that the arbitrator will administer and conduct any arbitration in a manner consistent with the Rules. (c) Remedy. Except as provided by this Agreement and by the Rules, including any provisional relief offered therein, arbitration will be the sole, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Rules and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. (d) Administrative Relief. Executive understands that this Agreement does not prohibit Executive from pursuing an administrative proceeding. In addition, all claims, disputes, claim with a local, state or Amended federal administrative body such as the Equal Employment Offer Page 6 causes of action under this section, whether by you Opportunity Commission or the Company, must be brought in an individual capacity, workers' compensation board. This Agreement does, however, preclude Executive from pursuing court action regarding any such claim. (e) Voluntary Nature of Agreement. Executive acknowledges and shall not be brought as a plaintiff (or claimant) agrees that Executive is executing this Agreement voluntarily and without any duress or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences regarding class claims or proceedings are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration. This paragraph shall not apply to any action or claim that cannot be subject to mandatory arbitration as a matter of law, including, without limitation, claims brought pursuant to the California Private Attorneys General Act of 2004, as amended, the California Fair Employment and Housing Act, as amended, and the California Labor Code, as amended, to the extent such claims are not permitted by applicable law(s) to be submitted to mandatory arbitration and the applicable law(s) are not preempted undue influence by the Federal Arbitration Act Company or otherwise invalid (collectively, anyone else. Executive further acknowledges and agrees that Executive has carefully read this Agreement and that Executive has asked any questions needed for Executive to understand the "Excluded Claims")." In the event you intend to bring multiple claims, terms, consequences and binding effect of this Agreement and fully understands it, including one of the Excluded Claims listed above, the Excluded Claims may be filed with a court, while any other claims will remain subject to mandatory arbitration. You will have the that Executive is waiving Executive's right to be represented by legal counsel at any arbitration proceeding. Questions of whether a claim is subject to arbitration under this agreement shall be decided by the arbitrator. Likewise, procedural questions which grow out of the dispute and bear on the final disposition are also matters for the arbitrator. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (b) issue a written statement signed by the arbitrator regarding the disposition of each claim and the relief, if any, awarded as to each claim, the reasons for the award, and the arbitrator's essential findings and conclusions on which the award is based. The arbitrator shall be authorized to award all relief jury trial. Finally, Executive agrees that you or the Company would be entitled Executive has been provided an opportunity to seek in a court the advice of law. The Company shall pay all JAMS arbitration fees in excess an attorney of the administrative fees that you would be required to pay if the dispute were decided in a court of law. Nothing in Executive's choice before signing this letter agreement is intended to prevent either you or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any 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. Agreement.
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TREVENA INC contract
Arbitration. To ensure the rapid and economical resolution (a) Arbitration. In consideration of disputes that may arise in connection with your Executive's employment with the Company, you and the Company and Executive agree that any and all disputes, controversies, claims, or causes disputes with anyone (including the Company and any employee, officer, director, shareholder or benefit plan of action, the Company in law their capacity as such or equity, including but not limited to statutory claims, otherwis...e) arising out of, relating to, or resulting from Executive's employment with the Company or relating to the enforcement, breach, performance, or interpretation termination of this letter Agreement, your Executive's employment with the Company, including any breach of this Agreement, but not including those arising out of, relating to, or resulting from the termination of your employment, shall PIAA, will be resolved pursuant subject to the Federal Arbitration Act, 9 U.S.C. § 1-16, binding arbitration. Disputes which Executive agrees to the fullest extent permitted by law, by final, binding arbitrate, and confidential arbitration conducted by JAMS or its successor, under JAMS' then applicable rules and procedures for employment disputes before a single arbitrator (available upon request and also currently available at http://www.jamsadr.com/rules-employment-arbitration/). You acknowledge that by agreeing thereby agrees to this arbitration procedure, both you and the Company waive the any right to resolve any such dispute through a trial by jury jury, include any statutory claims under state or judge federal law, including, but not limited to, claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act, discrimination or wrongful termination and any statutory claims. Executive further understands that this Agreement to arbitrate also applies to any disputes that the Company may have with Executive. (b) Procedure. Executive agrees that any arbitration will be administered by the American Arbitration Association ("AAA") and that the neutral arbitrator will be selected in a manner consistent with its National Rules for the Resolution of Employment Disputes (the "Rules"). Executive agrees that the arbitrator will administer and conduct any arbitration in a manner consistent with the Rules. (c) Remedy. Except as provided by this Agreement and by the Rules, including any provisional relief offered therein, arbitration will be the sole, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Rules and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. (d) Administrative Relief. Executive understands that this Agreement does not prohibit Executive from pursuing an administrative proceeding. In addition, all claims, disputes, claim with a local, state or Amended federal administrative body such as the Equal Employment Offer Page 6 causes of action under this section, whether by you Opportunity Commission or the Company, must be brought in an individual capacity, workers' compensation board. This Agreement does, however, preclude Executive from pursuing court action regarding any such claim. (e) Voluntary Nature of Agreement. Executive acknowledges and shall not be brought as a plaintiff (or claimant) agrees that Executive is executing this Agreement voluntarily and without any duress or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences regarding class claims or proceedings are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration. This paragraph shall not apply to any action or claim that cannot be subject to mandatory arbitration as a matter of law, including, without limitation, claims brought pursuant to the California Private Attorneys General Act of 2004, as amended, the California Fair Employment and Housing Act, as amended, and the California Labor Code, as amended, to the extent such claims are not permitted by applicable law(s) to be submitted to mandatory arbitration and the applicable law(s) are not preempted undue influence by the Federal Arbitration Act Company or otherwise invalid (collectively, anyone else. Executive further acknowledges and agrees that Executive has carefully read this Agreement and that Executive has asked any questions needed for Executive to understand the "Excluded Claims")." In the event you intend to bring multiple claims, terms, consequences and binding effect of this Agreement and fully understands it, including one of the Excluded Claims listed above, the Excluded Claims may be filed with a court, while any other claims will remain subject to mandatory arbitration. You will have the that Executive is waiving Executive's right to be represented by legal counsel at any arbitration proceeding. Questions of whether a claim is subject to arbitration under this agreement shall be decided by the arbitrator. Likewise, procedural questions which grow out of the dispute and bear on the final disposition are also matters for the arbitrator. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (b) issue a written statement signed by the arbitrator regarding the disposition of each claim and the relief, if any, awarded as to each claim, the reasons for the award, and the arbitrator's essential findings and conclusions on which the award is based. The arbitrator shall be authorized to award all relief jury trial. Finally, Executive agrees that you or the Company would be entitled Executive has been provided an opportunity to seek in a court the advice of law. The Company shall pay all JAMS arbitration fees in excess an attorney of the administrative fees that you would be required to pay if the dispute were decided in a court of law. Nothing in Executive's choice before signing this letter agreement is intended to prevent either you or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any 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. Agreement.
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TREVENA INC contract
Arbitration. To ensure the rapid and economical resolution (a) Arbitration. In consideration of disputes that may arise in connection with your Executive's employment with the Company, you and the Company and Executive agree that any and all disputes, controversies, claims, or causes disputes with anyone (including the Company and any employee, officer, director, shareholder or benefit plan of action, the Company in law their capacity as such or equity, including but not limited to statutory claims, otherwis...e) arising out of, relating to, or resulting from or relating to the enforcement, breach, performance, or interpretation of this letter Agreement, your Executive's employment with the Company, Company or the termination of your employment, shall Executive's employment with the 9 Company, including any breach of this Agreement, but not including those arising out of, relating to, or resulting from the PIAA, will be resolved pursuant subject to the Federal Arbitration Act, 9 U.S.C. § 1-16, binding arbitration. Disputes which Executive agrees to the fullest extent permitted by law, by final, binding arbitrate, and confidential arbitration conducted by JAMS or its successor, under JAMS' then applicable rules and procedures for employment disputes before a single arbitrator (available upon request and also currently available at http://www.jamsadr.com/rules-employment-arbitration/). You acknowledge that by agreeing thereby agrees to this arbitration procedure, both you and the Company waive the any right to resolve any such dispute through a trial by jury jury, include any statutory claims under state or judge federal law, including, but not limited to, claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act, discrimination or administrative proceeding. In addition, all claims, disputes, wrongful termination and any statutory claims. Executive further understands that this Agreement to arbitrate also applies to any disputes that the Company may have with Executive. The parties shall each bear their own expenses, legal fees and other fee incurred in connection with this Agreement. Provided, however, in the event the Executive is required to incur attorney's fees in order to obtain any payments or Amended Employment Offer Page 6 causes of action benefits under this section, whether Agreement and provided that the Executive prevails on his claim(s), then the Company will reimburse the attorney's fees incurred by you Executive. (b) Procedure. Executive agrees that any arbitration will be administered by the American Arbitration Association ("AAA") and that the neutral arbitrator will be selected in a manner consistent with its National Rules for the Resolution of Employment Disputes (the "Rules"). Executive agrees that the arbitrator will administer and conduct any arbitration in a manner consistent with the Rules. (c) Remedy. Except as provided by this Agreement and by the Rules, including any provisional relief offered therein, arbitration will be the sole, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Rules and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. (d) Administrative Relief. Executive understands that this Agreement does not prohibit Executive from pursuing an administrative claim with a local, state or federal administrative body such as the Equal Employment Opportunity Commission or the Company, must be brought in an individual capacity, workers' compensation board. This Agreement does, however, preclude Executive from pursuing court action regarding any such claim. (e) Voluntary Nature of Agreement. Executive acknowledges and shall not be brought as a plaintiff (or claimant) agrees that Executive is executing this Agreement voluntarily and without any duress or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences regarding class claims or proceedings are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration. This paragraph shall not apply to any action or claim that cannot be subject to mandatory arbitration as a matter of law, including, without limitation, claims brought pursuant to the California Private Attorneys General Act of 2004, as amended, the California Fair Employment and Housing Act, as amended, and the California Labor Code, as amended, to the extent such claims are not permitted by applicable law(s) to be submitted to mandatory arbitration and the applicable law(s) are not preempted undue influence by the Federal Arbitration Act Company or otherwise invalid (collectively, anyone else. Executive further acknowledges and agrees that Executive has carefully read this Agreement and that Executive has asked any questions needed for Executive to understand the "Excluded Claims")." In the event you intend to bring multiple claims, terms, consequences and binding effect of this Agreement and fully understands it, including one of the Excluded Claims listed above, the Excluded Claims may be filed with a court, while any other claims will remain subject to mandatory arbitration. You will have the that Executive is waiving Executive's right to be represented by legal counsel at any arbitration proceeding. Questions of whether a claim is subject to arbitration under this agreement shall be decided by the arbitrator. Likewise, procedural questions which grow out of the dispute and bear on the final disposition are also matters for the arbitrator. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (b) issue a written statement signed by the arbitrator regarding the disposition of each claim and the relief, if any, awarded as to each claim, the reasons for the award, and the arbitrator's essential findings and conclusions on which the award is based. The arbitrator shall be authorized to award all relief jury trial. Finally, Executive agrees that you or the Company would be entitled Executive has been provided an opportunity to seek in a court the advice of law. The Company shall pay all JAMS arbitration fees in excess an attorney of the administrative fees that you would be required to pay if the dispute were decided in a court of law. Nothing in Executive's choice before signing this letter agreement is intended to prevent either you or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any 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. Agreement.
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Arbitration. To ensure the rapid and economical resolution (a) Arbitration. In consideration of disputes that may arise in connection with your Executive's employment with the Company, you and the Company and Executive agree that any and all disputes, controversies, claims, or causes disputes with anyone (including the Company and any employee, officer, director, shareholder or benefit plan of action, the Company in law their capacity as such or equity, including but not limited to statutory claims, otherwis...e) arising out of, relating to, or resulting from Executive's employment with the Company or relating to the enforcement, breach, performance, or interpretation termination of this letter Agreement, your Executive's employment with the Company, including any breach of this Agreement, but not including those arising out of, relating to, or resulting from the termination of your employment, shall PIAA, will be resolved pursuant subject to the Federal Arbitration Act, 9 U.S.C. § 1-16, binding arbitration. Disputes which Executive agrees to the fullest extent permitted by law, by final, binding arbitrate, and confidential arbitration conducted by JAMS or its successor, under JAMS' then applicable rules and procedures for employment disputes before a single arbitrator (available upon request and also currently available at http://www.jamsadr.com/rules-employment-arbitration/). You acknowledge that by agreeing thereby agrees to this arbitration procedure, both you and the Company waive the any right to resolve any such dispute through a trial by jury jury, include any statutory claims under state or judge federal law, including, but not limited to, claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act, discrimination or administrative proceeding. In addition, all claims, disputes, wrongful termination and any statutory claims. Executive further understands that this Agreement to arbitrate also applies to any disputes that the Company may have with Executive. The parties shall each bear their own expenses, legal fees and other fee incurred in connection with this Agreement. Provided, however, in the event the Executive is required to incur attorney's fees in order to obtain any payments or Amended Employment Offer Page 6 causes of action benefits under this section, whether Agreement and provided that the Executive prevails on her claim(s), then the Company will reimburse the attorney's fees incurred by you Executive. (b) Procedure. Executive agrees that any arbitration will be administered by the American Arbitration Association ("AAA") and that the neutral arbitrator will be selected in a manner consistent with its National Rules for the Resolution of Employment Disputes (the "Rules"). Executive agrees that the arbitrator will administer and conduct any arbitration in a manner consistent with the Rules. (c) Remedy. Except as provided by this Agreement and by the Rules, including any provisional relief offered therein, arbitration will be the sole, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Rules and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. (d) Administrative Relief. Executive understands that this Agreement does not prohibit Executive from pursuing an administrative claim with a local, state or federal administrative body such as the Equal Employment Opportunity Commission or the Company, must be brought in an individual capacity, workers' compensation board. This Agreement does, however, preclude Executive from pursuing court action regarding any such claim. 10 (e) Voluntary Nature of Agreement. Executive acknowledges and shall not be brought as a plaintiff (or claimant) agrees that Executive is executing this Agreement voluntarily and without any duress or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences regarding class claims or proceedings are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration. This paragraph shall not apply to any action or claim that cannot be subject to mandatory arbitration as a matter of law, including, without limitation, claims brought pursuant to the California Private Attorneys General Act of 2004, as amended, the California Fair Employment and Housing Act, as amended, and the California Labor Code, as amended, to the extent such claims are not permitted by applicable law(s) to be submitted to mandatory arbitration and the applicable law(s) are not preempted undue influence by the Federal Arbitration Act Company or otherwise invalid (collectively, anyone else. Executive further acknowledges and agrees that Executive has carefully read this Agreement and that Executive has asked any questions needed for Executive to understand the "Excluded Claims")." In the event you intend to bring multiple claims, terms, consequences and binding effect of this Agreement and fully understands it, including one of the Excluded Claims listed above, the Excluded Claims may be filed with a court, while any other claims will remain subject to mandatory arbitration. You will have the that Executive is waiving Executive's right to be represented by legal counsel at any arbitration proceeding. Questions of whether a claim is subject to arbitration under this agreement shall be decided by the arbitrator. Likewise, procedural questions which grow out of the dispute and bear on the final disposition are also matters for the arbitrator. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (b) issue a written statement signed by the arbitrator regarding the disposition of each claim and the relief, if any, awarded as to each claim, the reasons for the award, and the arbitrator's essential findings and conclusions on which the award is based. The arbitrator shall be authorized to award all relief jury trial. Finally, Executive agrees that you or the Company would be entitled Executive has been provided an opportunity to seek in a court the advice of law. The Company shall pay all JAMS arbitration fees in excess an attorney of the administrative fees that you would be required to pay if the dispute were decided in a court of law. Nothing in Executive's choice before signing this letter agreement is intended to prevent either you or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any 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. Agreement.
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TREVENA INC contract
Arbitration. To ensure As a condition of your continued Employment, you agree to sign the rapid Company's standard Alternative Dispute Resolution Agreement (the "Arbitration Agreement"), which is attached hereto as Exhibit C. 11. Miscellaneous Provisions. (a) Notice. Notices and economical resolution all other communications contemplated by this Agreement shall be in writing and shall be deemed to have been duly given when personally delivered or when mailed by U.S. registered or certified mail, return recei...pt requested and postage prepaid. In your case, mailed notices shall be addressed to you at the home address that you most recently communicated to the Company in writing. In the case of disputes the Company, mailed notices shall be addressed to its corporate headquarters, and all notices shall be directed to the attention of its Secretary. (b) Modifications and Waivers. No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by you and by an authorized officer of the Company (other than you). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time. (c) Whole Agreement. No other agreements, representations or understandings (whether oral or written and whether express or implied) which are not expressly set forth in this Agreement have been made or entered into by either party with respect to the subject matter hereof. This Agreement, the Confidentiality Agreement, the Arbitration Agreement and the Change in Control and Severance Agreement contain the entire understanding of the parties with respect to the subject matter hereof. (d) Withholding Taxes. All payments made under this Agreement shall be subject to reduction to reflect taxes or other charges required to be withheld by law. (e) Choice of Law and Severability. This Agreement shall be interpreted in accordance with the laws of the State of California without giving effect to provisions governing the choice of law. If any provision of this Agreement becomes or is deemed invalid, illegal or unenforceable in any applicable jurisdiction by reason of the scope, extent or duration of its 4 coverage, then such provision shall be deemed amended to the minimum extent necessary to conform to applicable law so as to be valid and enforceable or, if such provision cannot be so amended without materially altering the intention of the parties, then such provision shall be stricken and the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is rendered illegal by any present or future statute, law, ordinance or regulation (collectively, the "Law"), then that provision shall be curtailed or limited only to the minimum extent necessary to bring the provision into compliance with the Law. All the other terms and provisions of this Agreement shall continue in full force and effect without impairment or limitation. (f) No Assignment. This Agreement and all of your rights and obligations hereunder are personal to you and may arise not be transferred or assigned by you at any time. The Company may assign its rights under this Agreement to any entity that assumes the Company's obligations hereunder in connection with your employment with a merger or acquisition or sale or transfer of all or a substantial portion of the Company, you Company's assets to such entity. This Agreement may also be assigned by the Company to a division of subsidiary entity that is owned or controlled by the Company. (g) Counterparts. This Agreement may be executed electronically or in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the Company agree that any same instrument, and all disputes, claims, shall become effective when one or causes more counterparts have been signed by each of action, in law or equity, including but not limited to statutory claims, arising from or relating the parties hereto and delivered to the enforcement, breach, performance, other party (including by means of electronic delivery or interpretation of this letter Agreement, your employment with the Company, or the termination of your employment, shall be resolved pursuant to the Federal Arbitration Act, 9 U.S.C. § 1-16, to the fullest extent permitted by law, by final, binding and confidential arbitration conducted by JAMS or its successor, under JAMS' then applicable rules and procedures for employment disputes before a single arbitrator (available upon request and also currently available at http://www.jamsadr.com/rules-employment-arbitration/). You acknowledge that by agreeing to this arbitration procedure, both you and the Company waive the right to resolve any such dispute through a trial by jury or judge or administrative proceeding. In addition, all claims, disputes, or Amended Employment Offer Page 6 causes of action under this section, whether by you or the Company, must be brought in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent facsimile), it being understood that the preceding sentences regarding class claims or proceedings are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration. This paragraph shall parties need not apply to any action or claim that cannot be subject to mandatory arbitration as a matter of law, including, without limitation, claims brought pursuant to sign the California Private Attorneys General Act of 2004, as amended, the California Fair Employment and Housing Act, as amended, and the California Labor Code, as amended, to the extent such claims are not permitted by applicable law(s) to be submitted to mandatory arbitration and the applicable law(s) are not preempted by the Federal Arbitration Act or otherwise invalid (collectively, the "Excluded Claims")." In the event you intend to bring multiple claims, including one of the Excluded Claims listed above, the Excluded Claims may be filed with a court, while any other claims will remain subject to mandatory arbitration. You will have the right to be represented by legal counsel at any arbitration proceeding. Questions of whether a claim is subject to arbitration under this agreement shall be decided by the arbitrator. Likewise, procedural questions which grow out of the dispute and bear on the final disposition are also matters for the arbitrator. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (b) issue a written statement signed by the arbitrator regarding the disposition of each claim and the relief, if any, awarded as to each claim, the reasons for the award, and the arbitrator's essential findings and conclusions on which the award is based. The arbitrator shall be authorized to award all relief that you or the Company would be entitled to seek in a court of law. The Company shall pay all JAMS arbitration fees in excess of the administrative fees that you would be required to pay if the dispute were decided in a court of law. Nothing in this letter agreement is intended to prevent either you or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any 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. same counterpart.
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Anaplan, Inc. contract
Arbitration. To ensure the rapid and economical resolution In consideration of disputes that may arise in connection with your Executive's employment with the Company, you its promise to arbitrate all employment-related disputes and his receipt of the Company agree compensation, pay raises and other benefits paid to him by the Company, at present and in the future, Executive agrees that any and all disputes, controversies, claims, or causes disputes with anyone (including the Company and any employee, office...r, director, shareholder or benefit plan of action, the Company in law their capacity as such or equity, including but not limited to statutory claims, otherwise) arising out of, relating to, or resulting from Executive's employment with the Company or relating to the enforcement, breach, performance, or interpretation termination of this letter Agreement, your Executive's employment with the Company, or including any breach of this Agreement, will be subject to binding arbitration under the termination National Rules for the Resolution of your employment, shall be resolved Employment Disputes, supplemented by the Washington Code of Civil Procedure (the "Rules") and pursuant to the Federal Arbitration Act, 9 U.S.C. § 1-16, to the fullest extent Washington law, except as permitted by law, by final, binding law. Disputes which Executive agrees to arbitrate, and confidential arbitration conducted by JAMS or its successor, under JAMS' then applicable rules and procedures for employment disputes before a single arbitrator (available upon request and also currently available at http://www.jamsadr.com/rules-employment-arbitration/). You acknowledge that by agreeing thereby agrees to this arbitration procedure, both you and the Company waive the any right to resolve any such dispute through a trial by jury jury, include any statutory claims under state or judge federal law, including, but not limited to, claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act, the Washington Law Against Discrimination, claims of harassment, discrimination or wrongful termination and any statutory 8 DocuSign Envelope ID: 0AAB2AE8-96F3-4F16-9545-8A965BCCE939 claims. Executive further understands that this Agreement to arbitrate also applies to any disputes that the Company may have with him. Procedure. Executive agrees that any arbitration will take place in Seattle, Washington and be administered by the American Arbitration Association ("AAA") and that the neutral arbitrator will be selected in a manner consistent with its National Rules for the Resolution of Employment Disputes. Executive agrees that the arbitrator will have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication and motions to dismiss and demurrers, prior to any arbitration hearing. Executive also agrees that the arbitrator will have the power to award any remedies, including attorneys' fees and costs, available under applicable law. Executive understands that the Company will pay for any administrative proceeding. In addition, all claims, disputes, or Amended Employment Offer Page 6 causes hearing fees charged by the arbitrator or AAA except that Executive will pay the first $125.00 of action under this section, whether by you or any filing fees associated with any arbitration Executive initiates. Executive agrees that the Company, must be brought arbitrator will administer and conduct any arbitration in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated manner consistent with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, Rules and may not preside over any form of representative or class proceeding. To that to the extent that the preceding sentences AAA's National Rules for the Resolution of Employment Disputes conflict with the Rules, the Rules will take precedence. Executive agrees that the decision of the arbitrator will be in writing. Remedy. Except as provided by this Agreement, applicable law, and by the Rules, including any provisional relief offered therein, arbitration will be the sole, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Rules, applicable law, and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding class claims or proceedings that are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration. This paragraph shall not apply to any action or claim that cannot be subject to mandatory arbitration as a matter of law, including, without limitation, claims brought pursuant to arbitration. Notwithstanding, the California Private Attorneys General Act of 2004, as amended, the California Fair Employment and Housing Act, as amended, and the California Labor Code, as amended, to the extent such claims are arbitrator will not permitted by applicable law(s) to be submitted to mandatory arbitration and the applicable law(s) are not preempted by the Federal Arbitration Act or otherwise invalid (collectively, the "Excluded Claims")." In the event you intend to bring multiple claims, including one of the Excluded Claims listed above, the Excluded Claims may be filed with a court, while any other claims will remain subject to mandatory arbitration. You will have the right to be represented by legal counsel at any arbitration proceeding. Questions of whether a claim is subject to arbitration under this agreement shall be decided by the arbitrator. Likewise, procedural questions which grow out of the dispute and bear on the final disposition are also matters for the arbitrator. The arbitrator shall: (a) have the authority to compel adequate discovery for disregard or refuse to enforce any lawful Company policy, and the resolution arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted. Administrative Relief. Executive understands that this Agreement does not prohibit him from pursuing an administrative claim with a local, state or federal administrative body such as the Department of Fair Employment and Housing, the dispute and to award Equal Employment Opportunity Commission or the workers' compensation board. This Agreement does, however, preclude Executive from pursuing court action regarding any such relief claim, except as would otherwise be permitted by law; law. Voluntary Nature of Agreement. Executive acknowledges and (b) issue a written statement signed agrees that Executive is executing this Agreement voluntarily and without any duress or undue influence by the arbitrator regarding Company or anyone else. Executive further acknowledges and agrees that Executive has carefully read this Agreement and that Executive has asked any questions needed for Executive to understand the disposition terms, consequences and binding effect of each claim this Agreement and the relief, if any, awarded as fully understands it, including that Executive is waiving Executive's right to each claim, the reasons for the award, and the arbitrator's essential findings and conclusions on which the award is based. The arbitrator shall be authorized to award all relief a jury trial. Finally, Executive agrees that you or the Company would be entitled Executive has been provided an opportunity to seek in a court the advice of law. The Company shall pay all JAMS arbitration fees in excess an attorney of the administrative fees that you would be required to pay if the dispute were decided in a court of law. Nothing in Executive's choice before signing this letter agreement is intended to prevent either you or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any 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. Agreement.
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IMPINJ INC contract
Arbitration. To ensure the rapid and economical resolution (a) Arbitration. In consideration of disputes that may arise in connection with your employment with Executive's service to the Company, you its promise to arbitrate all employment related disputes and Executive's receipt of the Company agree compensation and other benefits paid to Executive by the Company, at present and in the future, Executive agrees that any and all disputes, controversies, claims, or causes disputes with anyone (including the Co...mpany and any employee, officer, director, shareholder or benefit plan of action, the Company in law their capacity as such or equity, including but not limited to statutory claims, otherwise) arising out of, relating to, or resulting from or relating Executive's service to the enforcement, breach, performance, Company under this Agreement or interpretation of this letter Agreement, your employment with the Company, otherwise or the termination of your employment, Executive's service with the Company, including any breach of this Agreement, shall be resolved pursuant subject to the Federal Arbitration Act, 9 U.S.C. § 1-16, binding arbitration. Disputes which Executive agrees to the fullest extent permitted by law, by final, binding arbitrate, and confidential arbitration conducted by JAMS or its successor, under JAMS' then applicable rules and procedures for employment disputes before a single arbitrator (available upon request and also currently available at http://www.jamsadr.com/rules-employment-arbitration/). You acknowledge that by agreeing thereby agrees to this arbitration procedure, both you and the Company waive the any right to resolve any such dispute through a trial by jury jury, include any statutory claims under state or judge or administrative proceeding. In addition, all claims, disputes, or Amended federal law, including, but not limited to, claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Offer Page 6 causes Act of action under this section, whether by you or 1967, the Company, must be brought in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in Older Workers Benefit Protection Act, any purported class or representative proceeding, nor joined or consolidated with the applicable provisions of Illinois law, claims of harassment, discrimination or wrongful termination and any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over statutory claims. Executive further understands that this Agreement to arbitrate also applies to any form of representative or class proceeding. To the extent disputes that the preceding sentences regarding class claims or proceedings are found to violate applicable law or are otherwise found unenforceable, Company may have with Executive. (b) Procedure. Executive agrees that any claim(s) alleged or brought on behalf of arbitration will be administered by the American Arbitration Association ("AAA") and that a class shall proceed neutral arbitrator will be selected in a court manner consistent with its National Rules for the Resolution of law rather than Employment Disputes. The arbitration shall be held in San Diego County, California. The arbitration proceedings will allow for discovery according to the rules set forth in the National Rules for the Resolution of Employment Disputes. Executive agrees that the arbitrator shall have the power to decide any motions brought by arbitration. This paragraph shall not apply any party to the arbitration, including motions for summary judgment and/or adjudication and motions to dismiss and demurrers, prior to any arbitration hearing. Executive agrees that the arbitrator shall issue a written decision on the merits. Executive also agrees that the arbitrator shall have the power to award any remedies, including attorneys' fees and costs, available under applicable law. Executive understands the Company will pay for any administrative or hearing fees charged by the arbitrator or AAA except that Executive shall pay the first $200.00 of any filing fees associated with any arbitration Executive initiates. (c) Remedy. Arbitration shall be the sole, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, neither Executive nor the Company will be permitted to pursue court action or claim regarding claims that cannot be are subject to mandatory arbitration as a matter of law, including, without limitation, claims brought pursuant to arbitration. Notwithstanding the California Private Attorneys General Act of 2004, as amended, foregoing, the California Fair Employment and Housing Act, as amended, and the California Labor Code, as amended, to the extent such claims are arbitrator will not permitted by applicable law(s) to be submitted to mandatory arbitration and the applicable law(s) are not preempted by the Federal Arbitration Act or otherwise invalid (collectively, the "Excluded Claims")." In the event you intend to bring multiple claims, including one of the Excluded Claims listed above, the Excluded Claims may be filed with a court, while any other claims will remain subject to mandatory arbitration. You will have the right to be represented by legal counsel at any arbitration proceeding. Questions of whether a claim is subject to arbitration under this agreement shall be decided by the arbitrator. Likewise, procedural questions which grow out of the dispute and bear on the final disposition are also matters for the arbitrator. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute disregard or refuse to enforce any lawful Company policy, and to award such relief as would otherwise be permitted by law; and (b) issue a written statement signed by the arbitrator regarding shall not order or require the disposition of each claim and the relief, if any, awarded as Company to each claim, the reasons for the award, and the arbitrator's essential findings and conclusions on adopt a policy not otherwise required by law, which the award is based. The arbitrator Company has not adopted. -9- (d) Availability of Injunctive Relief. Executive agrees that any party may petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation, or applicable provisions of California law. In the event either party seeks injunctive relief, the prevailing party shall be authorized to award all relief that you or the Company would be entitled to seek in recover reasonable costs and attorney's fees. (e) Administrative Relief. Executive understands that this Agreement does not prohibit Executive from pursuing an administrative claim with a court local, state, or federal administrative body such as the Department of law. The Company shall pay all JAMS arbitration fees in excess of Human Rights, the administrative fees that you would be required to pay if the dispute were decided in a court of law. Nothing in this letter agreement is intended to prevent either you Equal Employment Opportunity Commission, or the Company workers' compensation board. This Agreement does, however, preclude Executive from obtaining injunctive relief in pursuing court to prevent irreparable harm pending the conclusion of action regarding any such arbitration. Any awards claim. (f) Voluntary Nature of Agreement. Executive acknowledges and agrees that Executive is executing this Agreement voluntarily and without any duress or orders in such arbitrations may be entered undue influence by the Company or anyone else. Executive further acknowledges and enforced as judgments in agrees that Executive has carefully read this Agreement and that Executive has asked any questions needed for Executive to understand the federal terms, consequences, and state courts binding effect of any competent jurisdiction. this Agreement and fully understand it, including that Executive is waiving Executive's right to a jury trial. Finally, Executive agrees that Executive has been provided an opportunity to seek the advice of an attorney of Executive's choice before signing this Agreement.
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