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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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Lyell Immunopharma, Inc. contract
Variations of a "Arbitration" Clause from Business Contracts
Arbitration. To ensure the rapid and economical resolution (a) General. 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 Compan...y and any employee, officer, director, stockholder 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 subject to binding arbitration before the Judicial Arbitration & Mediation Services ("JAMS") pursuant to its Employment Arbitration Rules & Procedures ("JAMS Rules") and pursuant to Texas law, which shall be held in Harris County, Texas. To the Federal Arbitration Act, 9 U.S.C. § 1-16, extent the JAMS Rules conflict with Texas law, Texas law shall take precedence. Disputes which Executive agrees to arbitrate, and thereby agrees to waive any right to a trial by jury, include, to the fullest extent permissible by law, any statutory claims under state or 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 Texas Labor Code, claims of harassment, 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. Any arbitration will be administered by JAMS and a neutral arbitrator will be selected in a manner consistent with the JAMS Rules. The arbitration proceedings will allow for discovery according to the JAMS Rules. The arbitrator shall 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. The arbitrator shall issue a written decision including findings of fact and conclusions of law on the merits of its award. The arbitrator shall have the power to award any remedies, excepting attorneys' fees and costs, available under applicable law. To the extent permitted by law, the Company shall pay the administrative fees associated with the arbitration, except for the first $300.00 in administrative fees for any arbitration that is initiated by final, binding Executive, and confidential each of the Parties shall separately pay its counsel fees and expenses. The arbitrator shall administer and conduct any arbitration conducted by in a manner consistent with the JAMS or its successor, under JAMS' then applicable rules Rules. (c) Remedy. Arbitration shall be the sole, exclusive and procedures final remedy 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 any dispute between Executive and the Company. Accordingly, except as otherwise provided herein, neither Executive nor the Company waive the right will be permitted 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 pursue court 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 regarding 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 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 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 Company to adopt a policy not otherwise required by law, which the Company has not adopted. 8 (d) Availability of each claim Equitable Relief. Any Party may also petition the court for injunctive or other equitable relief where either Party alleges or claims a violation of this Agreement or the EPIA. In the event that either Party seeks such relief, no bond shall be required 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 prevailing Party shall be authorized to award all relief that you or the Company would be entitled to seek recover reasonable costs and attorneys' fees. Any such relief will be filed in a any state or federal 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. serving Travis County, Texas. (e) EXECUTIVE ACKNOWLEDGES AND UNDERSTANDS THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, DISCRIMINATION CLAIMS.
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CASTLE BIOSCIENCES INC contract
Arbitration. To ensure the rapid and economical resolution of disputes that may arise in connection with your the Executive's employment with the Company, you the Executive 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, Executive's employment, or the termination of your th...at employment, shall will be resolved pursuant to the Federal Arbitration Act, 9 U.S.C. § 1-16, resolved, 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 in Leawood, Kansas conducted by the arbitrator. Likewise, procedural questions which grow out Judicial Arbitration and Mediation Services/Endispute, Inc. ("JAMS"), or its successors, under the then current rules of JAMS for employment disputes; provided that the dispute and bear on the final disposition are also matters for the arbitrator. The arbitrator shall: (a) have the authority to -12- 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 arbitration decision including the arbitrator's essential findings and conclusions on which and a statement of the award is based. The arbitrator award. ACCORDINGLY, THE EXECUTIVE AND THE COMPANY HEREBY IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. Both the Executive and the Company shall be authorized entitled to award all relief rights and remedies that you either the Executive or the Company would be entitled to seek pursue in a court of law. The Company shall pay all any JAMS arbitration filing fee and shall pay the arbitrator's fee. The arbitrator shall have the discretion to award attorneys' fees to the party the arbitrator determines is the prevailing party in excess the arbitration; provided, however, that the prevailing party shall be reimbursed for such fees, costs and expenses within sixty (60) days following any such award, but, to the extent the Executive is the prevailing party, in no event later than the last day of the administrative fees Executive's taxable year following the taxable year in which the fees, costs and expenses were incurred; provided, further, that you would be required the Parties' obligations pursuant to pay if the dispute were decided in a court provisos set forth above shall terminate on the tenth (10th) anniversary of law. the date of the Executive's termination of employment. Nothing in this letter agreement Agreement is intended to prevent either you the Executive or the Company from obtaining injunctive equitable relief in court to prevent irreparable harm pending the conclusion of any such arbitration. Any awards Notwithstanding the foregoing, the Executive and the Company each have the right to resolve any issue or orders dispute involving a claim of misappropriation or infringement of confidential, proprietary or trade secret information, or intellectual property rights, in such arbitrations may be entered and enforced as judgments in the federal and state courts any court of any competent jurisdiction. jurisdiction instead of via arbitration.
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ARATANA THERAPEUTICS, INC. contract
Arbitration. To ensure the rapid and economical resolution of disputes that may arise in connection with your the Executive's employment with the Company, you Executive 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, Executive's employment, or the termination of your that e...mployment, shall will be resolved pursuant to the Federal Arbitration Act, 9 U.S.C. § 1-16, resolved, 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 in New York, New York conducted by the arbitrator. Likewise, procedural questions which grow out Judicial Arbitration and Mediation Services/Endispute, Inc. ("JAMS"), or its successors, under the then current rules of JAMS for employment disputes; provided that 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 arbitration decision including the arbitrator's essential findings and conclusions on which and a statement of the award is based. The arbitrator award. Accordingly, Executive and the Company hereby waive any right to a jury trial. Both Executive and the Company shall be authorized entitled to award all relief rights and remedies that you either Executive or the Company would be entitled to seek pursue in a court of law. The Company shall pay all any JAMS arbitration filing fee and shall pay the arbitrator's fee. The arbitrator shall have the discretion to award attorneys fees to the party the arbitrator determines is the prevailing party in excess of the administrative fees that you would be required to pay if the dispute were decided in a court of law. arbitration. Nothing in this letter agreement Agreement is intended to prevent either you Executive or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any such arbitration. Any awards Notwithstanding the foregoing, Executive and the Company each have the right to resolve any issue or orders dispute involving confidential, proprietary or trade secret information, or intellectual property rights, by Court action instead of arbitration. 13 17. Indemnification. The Company shall defend and indemnify Executive in his capacity as an officer of the Company to the fullest extent permitted under the Delaware General Corporation Law ("DGCL"). The Company shall also maintain a policy for indemnifying its officers and directors, including but not limited to the Executive, for all actions permitted under the DGCL taken in good faith pursuit of their duties for the Company, including but not limited to maintaining an appropriate level of Directors and Officers Liability coverage and maintaining the inclusion of such arbitrations may be entered and enforced as judgments provisions in the federal Company's by-laws or articles of incorporation, as applicable and state courts customary. The rights to indemnification shall survive any termination of any competent jurisdiction. this Agreement.
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iFresh Inc contract
Arbitration. To ensure the rapid and economical resolution of disputes that may arise in connection with your the Executive's employment with the Company, you the Executive 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, Executive's employment, or the termination of your th...at employment, shall will be resolved pursuant to the Federal Arbitration Act, 9 U.S.C. § 1-16, resolved, 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 in Leawood, Kansas conducted by the arbitrator. Likewise, procedural questions which grow out Judicial Arbitration and Mediation Services/Endispute, Inc. ("JAMS"), or its successors, under the then current rules of JAMS for employment disputes; provided that 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 arbitration decision including the arbitrator's essential findings and conclusions on which and a statement of the award is based. The arbitrator award. ACCORDINGLY, THE EXECUTIVE AND THE COMPANY HEREBY IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. Both the Executive and the Company shall be authorized entitled to award all relief rights and remedies that you either the Executive or the Company would be entitled to seek pursue in a court of law. The Company shall pay all any JAMS arbitration filing fee and shall pay the arbitrator's fee. The arbitrator shall have the discretion to award attorneys' fees to the party the arbitrator determines is the prevailing party in excess the arbitration; provided, however, that the prevailing party shall be reimbursed for such fees, costs and expenses within sixty (60) days following any such award, but, to the extent the Executive is the prevailing party, in no event later than the last day of the administrative fees Executive's taxable year following the taxable year in which the fees, costs and expenses were incurred; provided, further, that you would be required the Parties' obligations pursuant to pay if the dispute were decided in a court provisos set forth above shall terminate on the tenth (10th) anniversary of law. the date of the Executive's termination of employment. Nothing in this letter agreement Agreement is intended to prevent either you the Executive or the Company from obtaining injunctive equitable relief in court to prevent irreparable harm pending the conclusion of any such arbitration. Any awards Notwithstanding the foregoing, the Executive and the Company each have the right to resolve any issue or orders dispute involving a claim of misappropriation or infringement of confidential, proprietary or trade secret information, or intellectual property rights, in such arbitrations may be entered and enforced as judgments in the federal and state courts any court of any competent jurisdiction. jurisdiction instead of via arbitration.
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ARATANA THERAPEUTICS, INC. contract
Arbitration. To ensure (a) General. In consideration of Executive's service to the rapid Company, its promise to arbitrate all employment related disputes and economical resolution Executive's receipt of the compensation and other benefits paid to Executive by the Company, at present and in the future, Executive agrees that any and all controversies, claims, or disputes (with the sole exception of those disputes that may arise from the EPIA, which shall be resolved in connection with your employment accordan...ce with the dispute resolution procedures set forth therein) with Company, you including any breach of this Agreement, shall be subject to binding arbitration under the arbitration rules set forth by the American Arbitration Association ("AAA") for the resolution of employment disputes and pursuant to Texas law, which shall be held in -8- Dallas County, Texas. Disputes which Executive agrees to arbitrate, and thereby agrees to waive any right to a trial by jury, include, to the Company agree that extent permissible by law, any and all disputes, claims, statutory claims under state or causes of action, in law or equity, including 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 Texas Commission on Human Rights Act, claims of harassment, discrimination or wrongful termination and any statutory claims. Executive further understands that this Agreement to statutory claims, arising from or relating arbitrate also applies to any disputes that the Company may have with Executive. (b) Procedure. Any arbitration will be administered by AAA and a neutral arbitrator will be selected in a manner consistent with its National Rules for the Resolution of Employment Disputes (the "Rules"). The arbitration proceedings will allow for discovery according to the enforcement, breach, performance, or interpretation of this letter Agreement, your employment with Rules. The arbitrator shall have the Company, or the termination of your employment, shall be resolved pursuant power to decide any motions brought by any party to the Federal Arbitration Act, 9 U.S.C. § 1-16, arbitration, including motions for summary judgment and/or adjudication and motions to dismiss and demurrers, prior to any arbitration hearing. The arbitrator shall issue a written decision including findings of fact and conclusions of law on the fullest merits of its award. The arbitrator shall have the power to award any remedies, including attorneys' fees and costs, available under applicable law. To the extent permitted by law, the Company shall pay the administrative fees associated with the arbitration, except for the first $200.00 in administrative fees for any arbitration that is initiated by final, binding Executive, and confidential Company and Executive shall separately pay independent counsel fees and expenses. The arbitrator shall administer and conduct any arbitration conducted by JAMS or its successor, under JAMS' then applicable rules in a manner consistent with the Rules. (c) Remedy. Arbitration shall be the sole, exclusive and final remedy for any dispute (with the sole exception of those disputes that may arise from the EPIA, which shall be resolved in accordance with the dispute resolution 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 set forth therein) between Executive and the Company. Accordingly, except as otherwise provided herein, neither Executive nor the Company waive the right will be permitted 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 pursue court 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 regarding 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 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 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 Company to adopt a policy not otherwise required by law, which the Company has not adopted. (d) Availability of each claim Equitable Relief. Any party may also petition the court for injunctive or other equitable relief where either party alleges or claims a violation of this Agreement or the EPIA. In the event that either party seeks such relief, no bond shall be required 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 prevailing party shall be authorized to award all relief that you or the Company would be entitled to seek recover reasonable costs and attorneys' fees. Any such relief will be filed in a any state or federal 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. serving Dallas County, Texas. (e) EXECUTIVE ACKNOWLEDGES AND UNDERSTANDS THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, DISCRIMINATION CLAIMS.
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ALKAMI TECHNOLOGY, INC. contract
Arbitration. To ensure (a) General. In consideration of Executive's service to the rapid Company, its promise to arbitrate all employment related disputes and economical resolution Executive's receipt of the compensation and other benefits paid to Executive by the Company, at present and in the future, Executive agrees that any and all controversies, claims, or disputes (with the sole exception of those disputes that may arise from the EPIA, which shall be resolved in connection with your employment accordan...ce with the dispute resolution procedures set forth therein) with Company, you including any breach of this Agreement, shall be subject to binding arbitration under the arbitration rules set forth by the American Arbitration Association ("AAA") for the resolution of employment disputes and pursuant to Texas law, which shall be held in Dallas County, Texas. Disputes which Executive agrees to arbitrate, and thereby agrees to waive -8- any right to a trial by jury, include, to the Company agree that extent permissible by law, any and all disputes, claims, statutory claims under state or causes of action, in law or equity, including 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 Texas Commission on Human Rights Act, claims of harassment, discrimination or wrongful termination and any statutory claims. Executive further understands that this Agreement to statutory claims, arising from or relating arbitrate also applies to any disputes that the Company may have with Executive. (b) Procedure. Any arbitration will be administered by AAA and a neutral arbitrator will be selected in a manner consistent with its National Rules for the Resolution of Employment Disputes (the "Rules"). The arbitration proceedings will allow for discovery according to the enforcement, breach, performance, or interpretation of this letter Agreement, your employment with Rules. The arbitrator shall have the Company, or the termination of your employment, shall be resolved pursuant power to decide any motions brought by any party to the Federal Arbitration Act, 9 U.S.C. § 1-16, arbitration, including motions for summary judgment and/or adjudication and motions to dismiss and demurrers, prior to any arbitration hearing. The arbitrator shall issue a written decision including findings of fact and conclusions of law on the fullest merits of its award. The arbitrator shall have the power to award any remedies, including attorneys' fees and costs, available under applicable law. To the extent permitted by law, the Company shall pay the administrative fees associated with the arbitration, except for the first $200.00 in administrative fees for any arbitration that is initiated by final, binding Executive, and confidential Company and Executive shall separately pay independent counsel fees and expenses. The arbitrator shall administer and conduct any arbitration conducted by JAMS or its successor, under JAMS' then applicable rules in a manner consistent with the Rules. (c) Remedy. Arbitration shall be the sole, exclusive and final remedy for any dispute (with the sole exception of those disputes that may arise from the EPIA, which shall be resolved in accordance with the dispute resolution 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 set forth therein) between Executive and the Company. Accordingly, except as otherwise provided herein, neither Executive nor the Company waive the right will be permitted 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 pursue court 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 regarding 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 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 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 Company to adopt a policy not otherwise required by law, which the Company has not adopted. (d) Availability of each claim Equitable Relief. Any party may also petition the court for injunctive or other equitable relief where either party alleges or claims a violation of this Agreement or the EPIA. In the event that either party seeks such relief, no bond shall be required 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 prevailing party shall be authorized to award all relief that you or the Company would be entitled to seek recover reasonable costs and attorneys' fees. Any such relief will be filed in a any state or federal 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. serving Dallas County, Texas. (e) EXECUTIVE ACKNOWLEDGES AND UNDERSTANDS THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF EXECUTIVE'S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EMPLOYEE RELATIONSHIP, INCLUDING BUT NOT LIMITED TO, DISCRIMINATION CLAIMS.
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Arbitration. To ensure the rapid and economical resolution of disputes that may arise in connection with your the Executive's employment with the Company, you Executive 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, Executive's employment, or the termination of your that e...mployment, shall will be resolved pursuant to the Federal Arbitration Act, 9 U.S.C. § 1-16, resolved, 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 both the California Private Attorneys General Act substantive and procedural provisions 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 in San Diego, California conducted by the arbitrator. Likewise, procedural questions which grow out Judicial Arbitration and Mediation Services/Endispute, Inc. ("JAMS"), or its successors, under the then current rules of JAMS for employment disputes; provided that 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 arbitration decision including the arbitrator's essential findings and conclusions on which and a statement of the award is based. The arbitrator award. Accordingly, Executive and the Company hereby waive any right to a jury trial. Both Executive and the Company shall be authorized entitled to award all relief rights and remedies that you either Executive or the Company would be entitled to seek pursue in a court of law. The Company shall pay all any JAMS arbitration fees in excess of filing fee and shall pay the administrative fees that you would be required to pay if the dispute were decided in a court of law. arbitrator's fee. Nothing in this letter agreement Agreement is intended to prevent either you Executive or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any such arbitration. Any awards Notwithstanding the foregoing, Executive and the Company each have the right to resolve any issue or orders in such arbitrations may be entered and enforced as judgments in the federal and state courts dispute involving confidential, proprietary or trade secret information, or intellectual property rights, by Court action instead of any competent jurisdiction. arbitration.
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BioNano Genomics, Inc contract
Arbitration. To ensure the rapid and economical resolution of disputes that may arise in connection with your the Executive's employment with the Company, you Executive 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, Executive's employment, or the termination of your that e...mployment, shall will be resolved pursuant to the Federal Arbitration Act, 9 U.S.C. § 1-16, resolved, 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 in Salt Lake City, Utah conducted by the arbitrator. Likewise, procedural questions which grow out Judicial Arbitration and Mediation Services/Endispute, Inc. ("JAMS"), or its successors, under the then current rules of JAMS for employment disputes; provided that 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 arbitration decision including the arbitrator's essential findings and conclusions on which and a statement of the award is based. The arbitrator award. Accordingly, Executive and the Company hereby waive any right to a jury trial. Both Executive and the Company shall be authorized entitled to award all relief rights and remedies that you either Executive or the Company would be entitled to seek pursue in a court of law. The Company shall pay all any JAMS arbitration filing fee and shall pay the arbitrator's fee. The arbitrator shall have the discretion to award attorney's fees to the party the arbitrator determines is the prevailing party in excess of the administrative fees that you would be required to pay if the dispute were decided in a court of law. arbitration. Nothing in this letter agreement Agreement is intended to prevent either you Executive or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any such arbitration. Any awards Notwithstanding the foregoing, Executive and the Company each have the right to resolve any issue or orders in such arbitrations may be entered and enforced as judgments in the federal and state courts dispute involving confidential, proprietary or trade secret information, or intellectual property rights, by Court action instead of any competent jurisdiction. arbitration.
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Tottenham Acquisition I Ltd contract
Arbitration. To ensure the rapid and economical resolution of disputes that may arise in connection with your the Executive's employment with the Company, you Executive 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, Executive's employment, or the termination of your that e...mployment, shall will be resolved pursuant to the Federal Arbitration Act, 9 U.S.C. § 1-16, resolved, 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 in New York, New York conducted by the arbitrator. Likewise, procedural questions which grow out Judicial Arbitration and Mediation Services/Endispute, Inc. ("JAMS"), or its successors, under the then current rules of JAMS for employment disputes; provided that 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 arbitration decision including the arbitrator's essential findings and conclusions on which and a statement of the award is based. The arbitrator award. Accordingly, Executive and the Company hereby waive any right to a jury trial. Both Executive and the Company shall be authorized entitled to award all relief rights and remedies that you either Executive or the Company would be entitled to seek pursue in a court of law. The Company shall pay all any JAMS arbitration filing fee and shall pay the arbitrator's fee. The arbitrator shall have the discretion to award attorneys fees to the party the arbitrator determines is the prevailing party in excess of the administrative fees that you would be required to pay if the dispute were decided in a court of law. arbitration. Nothing in this letter agreement Agreement is intended to prevent either you Executive or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any such arbitration. Any awards Notwithstanding the foregoing, Executive and the Company each have the right to resolve any issue or orders in such arbitrations may be entered and enforced as judgments in the federal and state courts dispute involving confidential, proprietary or trade secret information, or intellectual property rights, by Court action instead of any competent jurisdiction. arbitration.
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Arbitration. To ensure the rapid timely and economical resolution of disputes that may arise in connection with your Executive's employment with the Company, you Executive 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, action arising from or relating to the enforcement, breach, performance, negotiation, execution, or interpretation of this letter Agreement, your employment with the Company, Executive's employment,... or the termination of your Executive's employment, shall be resolved pursuant to the Federal Arbitration Act, 9 U.S.C. § 1-16, to the fullest extent permitted by law, law by final, binding and confidential arbitration arbitration, by a single arbitrator, in Peoria, Illinois, conducted by JAMS or its successor, under JAMS' the 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 JAMS rules. By agreeing to this arbitration procedure, both you Executive 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 arbitration decision, to each claim, the reasons for the award, and include the arbitrator's essential findings and conclusions on which and a statement of the award is based. award. The arbitrator shall be authorized to award any or all relief remedies that you Executive or the Company would be entitled to seek in a court of law. The Company shall pay all JAMS JAMS' arbitration fees in excess of the administrative amount of court fees that you would be required to pay if the dispute were decided in a court of law. Nothing in this letter agreement Agreement is intended to prevent either you Executive 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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Pacific Ethanol, Inc. contract
