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.View More
Variations of a "Arbitration" Clause from Business Contracts
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, CIIAA, or Executive's e...mployment, or the termination of your Executive's employment, shall including but not limited to all statutory claims, with the exception of discrimination and harassment claims, will be resolved pursuant to the Federal Arbitration Act, 9 U.S.C. § 1-16, §1-16 (the "FAA"), and 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 conducted in New York, New York by Judicial Arbitration and Mediation Services Inc. ("JAMS") under the then applicable JAMS rules (at the following web address: https://www.jamsadr.com/rules-employment-arbitration/); provided, however, this arbitration provision shall not apply to sexual harassment and discrimination claims to the extent prohibited by applicable law that is not preempted by the FAA. A hard copy of the rules will be provided to Executive upon request and also currently available at http://www.jamsadr.com/rules-employment-arbitration/). You acknowledge that by request. A hard copy of the rules will be provided to Executive upon request. 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 Executive 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 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 The Company acknowledges 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 Executive 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 Agreement) shall be decided by a federal court in the arbitrator. Likewise, State of New York. However, 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. The arbitrator shall award; and (c) 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 Executive and the Company shall equally share all JAMS' arbitration fees. To the extent JAMS does not collect or Executive otherwise does not pay to JAMS an equal share of all JAMS' arbitration fees for any reason, and the Company pays JAMS Executive's share, Executive acknowledges and agrees that the Company shall be entitled to recover from Executive half of the JAMS arbitration fees in excess of invoiced to the administrative fees that you would be required parties (less any amounts Executive paid to pay if the dispute were decided JAMS) in a federal or state court of law. competent jurisdiction. Except as modified in the CIIAA, each party is responsible for its own attorneys' fees. Nothing in this letter agreement Agreement is intended to prevent either you Executive or the Company from obtaining injunctive relief in court to prevent 8 257488580 v2 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. To the extent applicable law prohibits mandatory arbitration of sexual harassment or discrimination claims and is not preempted by the FAA, in the event Executive intends to bring multiple claims, including a sexual harassment or discrimination claim, the sexual harassment and/or discrimination claims may be publicly filed with a court, while any other claims will remain subject to mandatory arbitration. View More
Arbitration. To No arbitration proceeding shall be brought to recover benefits under the Plan until the claims procedures described in Sections 12 and 13 have been exhausted and the Plan benefits requested have been denied in whole or in part. Notwithstanding any other provision of the Plan, to ensure the rapid timely and economical resolution of disputes that may arise in connection with your employment with the Company, you and the Company agree that any and disputes, all disputes, claims, or causes of act...ion, in law or equity, including but not limited to statutory claims, action arising from or relating to the enforcement, breach, performance, performance or interpretation of this letter Agreement, your employment with the Company, or the termination of your employment, shall Plan will 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 Connecticut conducted by JAMS, Inc. ("JAMS") under the then-applicable 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 the following web address: https://www.jamsadr.com/rules-employment). By agreeing to this arbitration procedure, both you each Covered Employee and the Company waive the right to resolve any such dispute through a trial by jury or judge or administrative proceeding. Covered Employees will have the right to be represented by legal counsel at any arbitration proceeding. In addition, all claims, disputes, or Amended Employment Offer Page 6 causes of action under this section, whether by you a Covered Employee 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 a Covered Employee or the Company would be entitled eligible 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 of a Covered Employee if the dispute were decided in a court of law. Nothing in this letter agreement paragraph is intended to prevent either you a Covered Employee 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. Any arbitration must be commenced within one year after the Covered Employee's receipt of notification that their appeal was denied. The foregoing provisions shall apply to the extent consistent with and permitted by ERISA. 9 15. Source of Payments. All severance benefits will be paid in cash from the general funds of the Company; no separate fund will be established under the Plan, and the Plan will have no assets. No right of any person to receive any payment under the Plan will be any greater than the right of any other general unsecured creditor of the Company. View More
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, CIIAA, or Executive's e...mployment, or the termination of your Executive's employment, shall including but not limited to all statutory claims, with the exception of discrimination and harassment claims, will be resolved pursuant to the Federal Arbitration Act, 9 U.S.C. § 1-16, §1-16 (the "FAA"), and 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 conducted in New York, New York by Judicial Arbitration and Mediation Services Inc. ("JAMS") under the then applicable JAMS rules (at the following web address: https://www.jamsadr.com/rules-employment-arbitration/); provided, however, this arbitration provision shall not apply to sexual harassment and 7 discrimination claims to the extent prohibited by applicable law that is not preempted by the FAA. A hard copy of the rules will be provided to Executive upon request and also currently available at http://www.jamsadr.com/rules-employment-arbitration/). You acknowledge that by request. A hard copy of the rules will be provided to Executive upon request. 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 Executive 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 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 The Company acknowledges 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 Executive 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 Agreement) shall be decided by a federal court in the arbitrator. Likewise, State of New York. However, 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. The arbitrator shall award; and (c) 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 Executive and the Company shall equally share all JAMS' arbitration fees. To the extent JAMS does not collect or Executive otherwise does not pay to JAMS an equal share of all JAMS' arbitration fees for any reason, and the Company pays JAMS Executive's share, Executive acknowledges and agrees that the Company shall be entitled to recover from Executive half of the JAMS arbitration fees in excess of invoiced to the administrative fees that you would be required parties (less any amounts Executive paid to pay if the dispute were decided JAMS) in a federal or state court of law. competent jurisdiction. Except as modified in the CIIAA, each party is responsible for its own attorneys' fees. 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. To the extent applicable law prohibits mandatory arbitration of sexual harassment or discrimination claims and is not preempted by the FAA, in the event Executive intends to bring multiple claims, including a sexual harassment or discrimination claim, the sexual harassment and/or discrimination claims may be publicly filed with a court, while any other claims will remain subject to mandatory arbitration. View More
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, 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, employment, or the termination of your employment, shall be resolved pursuan...t 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 in San Francisco, California conducted by JAMS Judicial Arbitration and Mediation Services, Inc. ("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/). of JAMS. 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 arbitration decision including 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 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 fees that you those which 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 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, you and the Company each have the right to resolve any issue or orders in such arbitrations may be entered and enforced as judgments in dispute arising under the federal and state courts Confidentiality Agreement by court action instead of any competent jurisdiction. arbitration. View More
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, Amended and Restated Offer Letter, your employment with the Company, or the termination of your employment, shall wil...l 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 in Boston, Massachusetts by JAMS JAMS, Inc. ("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/). procedures. 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: will: (a) have the authority to compel adequate 7 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. Each party will bear its own attorneys' fees and litigation costs, except to the extent the underlying law upon which any claim is based provides for the award of attorneys' fees, in which case such fees will be recoverable as provided by law. The arbitrator shall will 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 law, including, but not limited to, allocating in the arbitrator's discretion, between the parties, all JAMS arbitration fees in excess costs of the administrative arbitration, including facility fees that you would be required to pay and the fees and expenses of the arbitrator and reasonable attorneys' fees, costs and expert witness fees of the parties, if the dispute were decided in a court of permitted by applicable law. Nothing in this letter agreement Amended and Restated Offer Letter 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 The parties further agree that this Section 11 may be entered and specifically enforced as judgments in the federal and state courts of any competent jurisdiction. court. View More
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, Confidential Informatio...n Agreement, or Executive's employment, or the termination of your Executive's employment, shall including but not limited to all statutory claims, will be resolved pursuant to the Federal Arbitration Act, 9 U.S.C. § 1-16, §1-16, and 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 conducted in New York, New York by Judicial Arbitration and Mediation Services Inc. ("JAMS") under the then applicable JAMS rules (at the following web address: https://www.jamsadr.com/rules-employment -arbitration/); provided, however, this arbitration provision shall not apply to sexual harassment claims to the extent prohibited by applicable law. A hard copy of the rules will be provided to Executive upon request and also currently available at http://www.jamsadr.com/rules-employment-arbitration/). You acknowledge that by request. A hard copy of the rules will be provided to Executive upon request. 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, Section, whether by you Executive 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 the· claims of any other person or entity. The arbitrator 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 The Company acknowledges 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 Executive 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 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 Jaw; (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. The arbitrator shall award; and (c) 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 Executive and the Company shall pay equally share all JAMS JAMS' arbitration fees. The successful party (as described in the Confidential Information Agreement, shall be entitled to reimbursement of legal fees in excess of the administrative fees that you would be required to pay if the dispute were decided in a court of law. and expenses. 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. To the extent applicable law prohibits mandatory arbitration of sexual harassment claims, in the event Executive intend to bring multiple claims, including a sexual harassment claim, the sexual harassment may be publicly filed with a court, while any other claims will remain subject to mandatory arbitration. 6 13. Assignment. This Agreement will be binding upon and inure to the benefit of (a) the heirs, executors and legal representatives of Executive upon Executive's death and (b) any successor of the Company. Any such successor of the Company will be deemed substituted for the Company under the terms of this Agreement for all purposes. For this purpose, "successor" means any person, firm, corporation or other business entity which at any time, whether by purchase, merger or otherwise, directly or indirectly acquires all or substantially all of the assets or business of the Company. None of the rights of Executive to receive any form of compensation payable pursuant to this Agreement may be assigned or transferred except by will or the laws of descent and distribution. Any other attempted assignment, transfer, conveyance or other disposition of Executive's right to compensation or other benefits will be null and void. View More
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, Confidential Informatio...n Agreement, or Executive's employment, or the termination of your Executive's employment, shall including but not limited to all statutory claims, will be resolved pursuant to the Federal Arbitration Act, 9 U.S.C. § 1-16, §1-16, and 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 conducted in New York, New York by Judicial Arbitration and Mediation Services Inc. ("JAMS") under the then applicable JAMS rules (at the following web address: https://www.jamsadr.com/rules-employment-arbitration/); provided, however, this arbitration provision shall not apply to sexual harassment claims to the extent prohibited by applicable law. A hard copy of the rules will be provided to Executive upon request and also currently available at http://www.jamsadr.com/rules-employment-arbitration/). You acknowledge that by request. A hard copy of the rules will be provided to Executive upon request. 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, Section, whether by you Executive 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 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 The Company acknowledges 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 Executive 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 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. The arbitrator shall award; and (c) 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 Executive and the Company shall pay equally share all JAMS JAMS' arbitration fees fees. Except as modified in excess of the administrative fees that you would be required to pay if the dispute were decided in a court of law. Confidential Information Agreement, each party is responsible for its own attorneys' fees. 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. To the extent applicable law prohibits mandatory arbitration of sexual harassment claims, in the event Executive intend to bring multiple claims, including a sexual harassment claim, the sexual harassment may be publicly filed with a court, while any other claims will remain subject to mandatory arbitration. -5- 13. Assignment. This Agreement will be binding upon and inure to the benefit of (a) the heirs, executors and legal representatives of Executive upon Executive's death and (b) any successor of the Company. Any such successor of the Company will be deemed substituted for the Company under the terms of this Agreement for all purposes. For this purpose, "successor" means any person, firm, corporation or other business entity which at any time, whether by purchase, merger or otherwise, directly or indirectly acquires all or substantially all of the assets or business of the Company. None of the rights of Executive to receive any form of compensation payable pursuant to this Agreement may be assigned or transferred except by will or the laws of descent and distribution. Any other attempted assignment, transfer, conveyance or other disposition of Executive's right to compensation or other benefits will be null and void. View More
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, Confidential Informatio...n Agreement, or Executive's employment, or the termination of your Executive's employment, shall including but not limited to all statutory claims, will be resolved pursuant to the Federal Arbitration Act, 9 U.S.C. § 1-16, §1-16, and 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 conducted in New York, New York by Judicial Arbitration and Mediation Services Inc. ("JAMS") under the then applicable JAMS rules (at the following web address: https://www.jamsadr.com/rules- employment - arbitration/); provided, however, this arbitration provision shall not apply to sexual harassment claims. A hard copy of the rules will be provided to Executive upon request and also currently available at http://www.jamsadr.com/rules-employment-arbitration/). You acknowledge that by request. 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, Section, whether by you Executive 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 the· claims of any other person or entity. The arbitrator Arbitrator may not consolidate the claims of more than one person or entity, 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 The Company acknowledges 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 Executive 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 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. The arbitrator shall award; and (c) 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 Executive and the Company shall pay equally share all JAMS JAMS' arbitration fees. The successful party (as described in the Confidential Information Agreement, shall be entitled to reimbursement of legal fees in excess of the administrative fees that you would be required to pay if the dispute were decided in a court of law. and expenses. 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. To the extent applicable law prohibits mandatory arbitration of sexual harassment claims, in the event Executive intend to bring multiple claims, including a sexual harassment claim, the sexual harassment may be publicly filed with a court, while any other claims will remain subject to mandatory arbitration. 5 13. Assignment. This Agreement will be binding upon and inure to the benefit of (a) the heirs, executors and legal representatives of Executive upon Executive's death and (b) any successor of the Company. Any such successor of the Company will be deemed substituted for the Company under the terms of this Agreement for all purposes. For this purpose, "successor" means any person, firm, corporation or other business entity which at any time, whether by purchase, merger or otherwise, directly or indirectly acquires all or substantially all of the assets or business of the Company. None of the rights of Executive to receive any form of compensation payable pursuant to this Agreement may be assigned or transferred except by will or the laws of descent and distribution. Any other attempted assignment, transfer, conveyance or other disposition of Executive's right to compensation or other benefits will be null and void. View More
Arbitration. Arbitration of All Disputes. 6.1 Agreement to Arbitrate. To ensure the rapid timely and economical resolution of disputes that may arise in connection with your employment with between you and the Company, both you and the Company mutually agree that pursuant to the Federal Arbitration Act, 9 U.S.C. §1-16, and to the fullest extent permitted by applicable law, you will submit solely to final, binding and confidential arbitration any and all disputes, claims, or causes of action, in law action ar...ising from or equity, including relating to: (i) the negotiation, execution, interpretation, 1801 California St. Suite 500, Denver, CO 80202 • 303.552.0653 • FAX 720.398.8212 www.sendgrid.com performance, breach or enforcement of this Agreement; or (ii) your employment with the Company (including but not limited to all statutory claims, arising from claims); or relating to (iii) the enforcement, breach, performance, or interpretation termination of this letter Agreement, your employment with the Company, Company (including but not limited to all statutory claims); provided, however, that this Section 6 shall not apply to any claim or the termination cause of your employment, shall be resolved action brought in court by you 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 California Private Attorneys General Act of 2004, as amended. By agreeing to this arbitration procedure, both you and the Company waive the right to resolve any such dispute disputes through a trial by jury or judge or through an administrative proceeding. In addition, all 6.2 Arbitrator Authority. The Arbitrator shall have the sole and exclusive authority to determine whether a dispute, claim or cause of action is subject to arbitration under this Section 6 and to determine any procedural questions which grow out of such disputes, claims or causes of action and bear on their final disposition. 6.3 Individual Capacity Only. All claims, disputes, or Amended Employment Offer Page 6 causes of action under this section, Section 6, whether by you or the Company, must be brought solely 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 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 in this Section 6.3 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 6.4 Arbitration Process. Any arbitration proceeding under this Section 6 shall not apply to any action or claim that cannot be subject to mandatory arbitration as presided over by a matter single arbitrator and conducted by Judicial Arbitration and Mediation Services, Inc. ("JAMS") in San Francisco, CA under the then applicable JAMS rules for the resolution of law, including, without limitation, claims brought pursuant to the California Private Attorneys General Act of 2004, as amended, the California Fair Employment employment disputes (available upon request and Housing Act, as amended, also currently available at http://www.jamsadr.com/rules-employment-arbitration/). You 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 Company both 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. proceeding, at each party's own expense. The arbitrator Arbitrator shall: (a) (i) 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) dispute; (ii) 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. The arbitrator shall award; and (iii) be authorized to award any or all relief remedies 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 amount of court fees that you would be required to pay of you if the dispute were decided in a court of law. 6.5 Injunctive Relief and Final Orders. Nothing in this letter agreement Section 6 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 final award in such arbitrations any arbitration proceeding hereunder may be entered and enforced as judgments a judgment in the federal and state courts of any competent jurisdiction. jurisdiction and enforced accordingly. View More
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, Confidential Informatio...n Agreement, or Executive's employment, or the termination of your Executive's employment, shall including but not limited to all statutory claims (including, but not limited to, the Massachusetts Antidiscrimination Act, Mass. Gen. Laws ch.151B and the Massachusetts Wage Act, Mass. Gen. Laws ch. 149), will be resolved pursuant to the Federal Arbitration Act, 9 U.S.C. § 1-16, §1-16, and 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 conducted in Boston, Massachusetts by Judicial Arbitration and Mediation Services Inc. ("JAMS") under the then applicable JAMS rules (at the following web address: https://www.jamsadr.com/rules-employment-arbitration/); provided, however, this arbitration provision shall not apply to sexual harassment claims to the extent prohibited by applicable law. A hard copy of the rules will be provided to you upon request and also currently available at http://www.jamsadr.com/rules-employment-arbitration/). You acknowledge that by request. A hard copy of the rules will be provided to Executive upon request. 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, -6- disputes, or Amended Employment Offer Page 6 causes of action under this section, whether by you Executive 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 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 The Company acknowledges 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 Executive 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 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. The arbitrator shall award; and (c) 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 Executive and the Company shall pay equally share all JAMS JAMS' arbitration fees fees. Except as modified in excess of the administrative fees that you would be required to pay if the dispute were decided in a court of law. Confidential Information Agreement, each party is responsible for its own attorneys' fees. 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. View More
