Arbitration Contract Clauses (16,756)

Arbitration. In the event of any difference of opinion concerning the meaning or effect of the Plan or this Agreement, such difference shall be resolved by the Committee. Any controversy arising out of or relating to the Plan or this Agreement shall be resolved by arbitration conducted in accordance with Houston, Texas pursuant to the terms arbitration rules of the Plan. American Arbitration Association. The arbitration shall be final and binding on the parties.

Arbitration. In the event of any difference of opinion concerning the meaning or effect of the Plan or this Agreement, such difference shall be resolved by the Committee. Any controversy arising out of or relating to the Plan or this Agreement shall be resolved by 10 arbitration conducted in accordance with the terms of the Plan. The arbitration shall be final and binding on the parties.

Arbitration. Any dispute or controversy arising under or in connection with this Agreement or otherwise in connection with the Executive's employment by the Company Group that cannot be mutually resolved by the parties to this Agreement and their respective advisors and representatives shall be settled exclusively by arbitration in the State of New York Houston, Texas, in accordance with the commercial rules of the American Arbitration Association before one arbitrator of exemplary qualifications and... stature, who shall be selected jointly by an individual to be designated by the Company and an individual to be selected by the Executive, or if such two individuals cannot agree on the selection of the arbitrator, who shall be selected by the American Arbitration Association. Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereon. View More

Arbitration. Any Except as provided in Section 3(d), any dispute or controversy arising under or in connection with this Agreement or otherwise in connection with the Executive's employment by the Company or the termination thereof that cannot be mutually resolved by the parties to this Agreement and their respective advisors and representatives shall be settled exclusively by arbitration in the State city and county of New York Los Angeles, California in accordance with the rules of the American... Arbitration Association before one arbitrator of exemplary qualifications and stature, who shall be selected jointly by an individual to be designated by the Company and an individual to be selected by the Executive, or if such two individuals parties cannot agree on the selection of the arbitrator, who such arbitrator shall be selected by the American Arbitration Association. The Company will pay the direct costs and expenses of any such arbitration, including the fees and costs of the arbitrator; provided, however, that the arbitrator may award attorneys' fees to the prevailing party, if permitted by applicable law. View More

Arbitration. Any dispute or controversy arising under or in connection with this Agreement or otherwise in connection with the Executive's employment by the Company that cannot be mutually resolved by the parties to this Agreement and their respective advisors and representatives shall be settled exclusively by arbitration in the State of New York City, New York in accordance with the rules of the American Arbitration Association before one (1) arbitrator of exemplary qualifications and stature, who shall... be selected jointly by an individual to be designated by the Company and an individual to be selected by the Executive, or if such two (2) individuals cannot agree on the selection of the arbitrator, who shall be selected by the American Arbitration Association. View More

Arbitration. In the event of any breach arising from the performance of this Agreement, either party may request arbitration. In such event, the parties will submit to arbitration by a qualified arbitrator with the definition and laws of the State of Nevada. Maryland. Such arbitration shall be final and binding on both parties.

Arbitration. In the event of any breach arising from the performance of this Agreement, either party may request arbitration. In such event, the parties will submit to arbitration by a qualified arbitrator with the definition and laws of the State of Nevada. Connecticut. Such arbitration shall be final and binding on both parties.

Arbitration. Any dispute, controversy, or claim arising out of, in connection with, or relating to the performance of this Agreement agreement or its termination shall be settled by arbitration in the Commonwealth of Boston, Massachusetts, pursuant to the rules then obtaining of the American Arbitration Association. Any award shall be final, binding and conclusive upon the parties and a judgment rendered thereon may be entered in any court having jurisdiction thereof.

Arbitration. Any dispute, controversy, or claim arising out of, in connection with, or relating to the performance of this Agreement agreement or its termination shall be settled by arbitration in the Commonwealth of Massachusetts, pursuant to the rules then obtaining of the American Arbitration Association. Any award shall be final, binding and conclusive upon the parties and a judgment rendered thereon may be entered in any court having jurisdiction thereof.

Arbitration. Except Any dispute arising between the parties under this Agreement (except as provided in Section ‎12‎14 3 of this Agreement, any dispute arising between any of the Parties under this Agreement, Agreement), under any statute, regulation, or ordinance, and/or in connection with your employment or termination thereof, shall first be submitted to mandatory mediation at the Services provided to American Arbitration Association ("AAA") for resolution in New York. If the Company by the Contractor dispute remains unresolved, it shall then be submitted to binding arbitration before the American Arbitration Association ("AAA") for resolution. AAA. Such arbitration shall be conducted in New York, New York, and the arbitrator will apply New York law, including federal law as applied in New York courts. The arbitration shall be conducted by a single arbitrator, in accordance with the AAA's Employment Arbitration Rules and Procedures as modified herein. Rules. The arbitration shall be conducted by a single arbitrator and the award of the arbitrator arbitrator's decision shall be final and binding on the Parties, parties, and judgment on the any award may be confirmed and entered in any state or federal court in the State and City of New York. The arbitration shall be conducted on a strictly confidential basis, and neither the Contractor or Nathan you shall not disclose the existence of a claim, the nature of a claim, any documents, exhibits, or information exchanged or presented in connection with such a claim, or the result of any action (collectively, "Arbitration Materials"), to any third party, with the sole exception of Contractor's your legal counsel, who also shall be bound by these confidentiality terms. In the event of any court proceeding to challenge or enforce an arbitrator's award, the Parties parties hereby consent to the exclusive jurisdiction of the state and federal courts in New York, New York and agree to venue in that jurisdiction. The Parties To the extent allowable by law, the parties agree to take all steps necessary to protect the confidentiality of the Arbitration Materials in connection with any such proceeding, agree to file all Confidential Information (and any documents containing Confidential Information) under seal, and agree to the entry of an appropriate protective order encompassing the confidentiality terms of this Agreement. The Company shall bear the costs and expenses of any mediation and/or arbitration. The arbitrator shall have the authority to award attorneys' fees to a party who substantially prevails. View More

Arbitration. Except as provided in Section ‎12‎14 of this Agreement, above with respect to an Injunctive Action, any dispute arising between any of the Parties under this Agreement, hereunder, under any statute, regulation, or ordinance, under any services agreement (including the Employment Agreement), offer letter, or other agreement, and/or in connection with the Services provided to the Company by the Contractor Executive's service, or termination thereof, shall be submitted to binding arbitration... before the American Arbitration Association ("AAA") for resolution. Such arbitration shall be conducted in New York, New York, Illinois, and the arbitrator will apply New York law, including federal law as applied in New York courts. Illinois law. The arbitration shall will be conducted in accordance with the AAA's Employment Arbitration Rules and Procedures as modified herein. The arbitration shall will be conducted by a single arbitrator arbitrator, who will be an attorney who specializes in the field of employment law and the who will have prior experience arbitrating employment disputes. The award of the arbitrator shall will be final and binding on the Parties, and judgment on the award may be confirmed and entered in any state or federal court in the State of New York. court. The arbitration shall be conducted on a strictly confidential basis, and neither the Contractor or Nathan shall Executive will not disclose the existence of a claim, the nature of a claim, any documents, exhibits, or information exchanged or presented in connection with such a claim, or the result of any action (collectively, "Arbitration Materials"), to any third party, with the sole exception of Contractor's Executive's legal counsel, who also shall be personal tax and financial advisor, and current spouse, conditioned on them being bound by these confidentiality terms. In the event of any court proceeding to challenge or enforce an arbitrator's award, the Parties hereby consent to the exclusive jurisdiction of the state and federal courts in New York, New York Adams County, Illinois and agree to venue in that jurisdiction. The Parties agree to take all steps necessary to protect the confidentiality of the Arbitration Materials in connection with any such proceeding, agree to file all Confidential Information (as defined in Section 13 of the Employment Agreement) (and any documents containing Confidential Information) under seal, and agree to the entry of an appropriate protective order encompassing the confidentiality terms of this Agreement. The Parties will split the costs of any such arbitrator, provided that the Company will pay the costs of any arbitrator if it is a condition precedent to enforcing this arbitration obligation. View More

Arbitration. Except The Parties agree that should a dispute arise under this Agreement, arbitration is a preferable method of resolving such dispute to litigation in court. Therefore, except in connection with an action for immediate injunctive relief, as provided in Section ‎12‎14 5(d) of this Agreement, any dispute arising between any of the Parties under arising in connection with this Agreement, or under any statute, regulation, ordinance, or ordinance, and/or in connection with the Services provided to... the Company by the Contractor common law, shall be submitted to binding arbitration before the American Arbitration Association ("AAA") for resolution. Such arbitration shall be conducted in New York, New York, and the arbitrator will apply New York law, including federal law as applied in New York courts. The arbitration shall be conducted in accordance with AAA's Commercial Arbitration Rules and Procedures Rules, as modified herein. The arbitration shall be conducted by a single arbitrator, who shall be an attorney and who shall be selected in accordance with AAA's Commercial Arbitration Rules or such other procedure to which the Parties may mutually agree. The arbitrator shall not have the authority to modify this Agreement except to the extent that he or she determines that this Agreement violates any governing statue, in which case the arbitrator may modify this Agreement solely as necessary to not conflict with such statute. The arbitrator shall not have authority to issue any relief that would be unavailable to a prevailing party in a court of appropriate jurisdiction, except that in an arbitration involving any alleged breach of Section 5 hereof, the arbitrator shall award fees and costs (including reasonable attorneys' fees and costs) to the prevailing party. The award of the arbitrator shall be final and binding on the Parties, and judgment on the award may be confirmed and entered in any state or federal court in the State state of New York. The arbitration shall be conducted on a strictly confidential basis, and neither the Contractor or Nathan Party shall disclose the existence of a claim, the nature of a claim, any documents, exhibits, or information exchanged or presented in connection with such a claim, or the result of any action claim (collectively, "Arbitration Materials"), Materials") to any third party, with the sole exception of Contractor's such Party's legal counsel, who also shall be bound by these confidentiality terms. the terms of this Agreement. In the event of any court proceeding to challenge or enforce an arbitrator's award, the Parties hereby consent to the exclusive jurisdiction of the state and federal courts in New York, New York and agree to venue in that jurisdiction. The Parties agree New York, New York. Executive further agrees to take all steps necessary to protect the confidentiality of the Arbitration Materials in connection with any such court proceeding, agree to take all appropriate steps to file all Confidential Information (and any and documents containing Confidential Information) Information under seal, seal in any such proceeding where possible, and agree to the entry of an appropriate protective order encompassing the confidentiality terms of this Agreement. View More

Arbitration. IF BUYER, SELLER OR ANY GUARANTOR REQUESTS, THE OTHER PARTIES AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT. IF BUYER, SELLER OR ANY GUARANTOR SEEKS TO HAVE A DISPUTE SETTLED BY ARBITRATION, THAT PARTY MUST FIRST SEND TO ALL OTHER PARTIES, BY CERTIFIED MAIL, A WRITTEN NOTICE OF INTENT TO ARBITRATE. IF BUYER, SELLER OR ANY GUARANTOR DO NOT REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN 30 DAYS AFTER THE NOTICE IS RECEIVED, BUYER, SELLER OR ANY GUARANTOR... MAY COMMENCE AN ARBITRATION PROCEEDING WITH THE AMERICAN ARBITRATION ASSOCIATION ("AAA") OR NATIONAL ARBITRATION FORUM ("NAF"). BUYER WILL PROMPTLY REIMBURSE SELLER OR THE GUARANTOR ANY ARBITRATION FILING FEE, HOWEVER, IN THE EVENT THAT BOTH SELLER AND THE GUARANTOR MUST PAY FILING FEES, BUYER WILL ONLY REIMBURSE SELLER'S ARBITRATION FILING FEE AND, EXCEPT AS PROVIDED IN THE NEXT SENTENCE, BUYER WILL PAY ALL ADMINISTRATION AND ARBITRATOR FEES. IF THE ARBITRATOR FINDS THAT EITHER THE SUBSTANCE OF THE CLAIM RAISED BY SELLER OR THE GUARANTOR OR THE RELIEF SOUGHT BY SELLER OR THE GUARANTOR IS IMPROPER OR NOT WARRANTED, AS MEASURED BY THE STANDARDS SET FORTH IN FEDERAL RULE OF PROCEDURE 11(B), THEN BUYER WILL PAY THESE FEES ONLY IF REQUIRED BY THE AAA OR NAF RULES. SELLER AND THE GUARANTOR AGREE THAT, BY ENTERING INTO THIS AGREEMENT, THEY ARE WAIVING THE RIGHT TO TRIAL BY JURY. BUYER, SELLER OR ANY GUARANTOR MAY BRING CLAIMS AGAINST ANY OTHER PARTY ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, BUYER, SELLER AND ANY GUARANTOR AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISION IS FOUND UNENFORCEABLE, THEN THE ENTIRETY OF THIS TIUS ARBITRATION CLAUSE SHALL BE NULL AND VOID. Initials: /s/ JC _ Initials: _____7C6 CAPITAL, LLC 30. RIGHT TO OPT OUT OF ARBITRATION. SELLER AND GUARANTOR(S) MAY OPT OUT OF THIS CLAUSE. TO OPT OUT OF THIS ARBITRATION CLAUSE, SELLER AND EACH GUARANTOR MUST SEND BUYER A NOTICETHATTHESELLERANDEACHGUARANTORDOES NOT WANT THIS CLAUSE TO APPLY TO THIS AGREEMENT. FOR ANY OPT OUT TO BE EFFECTIVE, SELLER AND EACH GUARANTOR MUST SEND AN OPT OUT NOTICE TO THE FOLLOWING ADDRESS BY REGISTERED MAIL, WITHIN 14 DAYS AFTER THE DATE OF THIS AGREEMENT: BUYER-ARBITRATION OPT OUT, C6 CAPITAL, LLC 3S1 E 84TH ST SUITE #27E, NEW YORK, NY 10028, ATTENTION: LEGAL DEPARTMENT. View More

Arbitration. IF BUYER, SELLER OR ANY GUARANTOR REQUESTS, THE OTHER PARTIES AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT. IF BUYER, SELLER OR ANY GUARANTOR SEEKS TO HAVE A DISPUTE SETTLED BY ARBITRATION, THAT PARTY MUST FIRST SEND TO ALL OTHER PARTIES, BY CERTIFIED MAIL, A WRITTEN NOTICE OF INTENT TO ARBITRATE. IF BUYER, SELLER OR ANY GUARANTOR DO NOT REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN 30 DAYS AFTER THE NOTICE IS RECEIVED, BUYER, SELLER OR ANY GUARANTOR... MAY COMMENCE AN ARBITRATION PROCEEDING WITH THE AMERICAN ARBITRATION ASSOCIATION ("AAA") OR NATIONAL ARBITRATION FORUM ("NAF"). BUYER WILL PROMPTLY REIMBURSE SELLER OR THE GUARANTOR ANY ARBITRATION FILING FEE, HOWEVER, IN THE EVENT THAT BOTH SELLER AND THE GUARANTOR MUST PAY FILING FEES, BUYER WILL ONLY REIMBURSE SELLER'S ARBITRATION FILING FEE AND, EXCEPT AS PROVIDED IN THE NEXT SENTENCE, BUYER WILL PAY ALL ADMINISTRATION AND ARBITRATOR FEES. IF THE ARBITRATOR FINDS THAT EITHER THE SUBSTANCE OF THE CLAIM RAISED BY SELLER OR THE GUARANTOR OR THE RELIEF SOUGHT BY SELLER OR THE GUARANTOR IS IMPROPER OR NOT WARRANTED, AS MEASURED BY THE STANDARDS SET FORTH IN FEDERAL RULE OF PROCEDURE 11(B), THEN BUYER WILL PAY THESE FEES ONLY IF REQUIRED BY THE AAA OR NAF RULES. SELLER AND THE GUARANTOR AGREE THAT, BY ENTERING INTO THIS AGREEMENT, THEY ARE WAIVING THE RIGHT TO TRIAL BY JURY. BUYER, SELLER OR ANY GUARANTOR MAY BRING CLAIMS AGAINST ANY OTHER PARTY ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, BUYER, 8 29. RIGHT TO OPT OUT OF ARBITRATION. SELLER AND ANY GUARANTOR AGREE THAT THE ARBITRATOR GUARANTOR(S) MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OPT OUT OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISION IS FOUND UNENFORCEABLE, THEN THE ENTIRETY CLAUSE. TO OPT OUT OF THIS ARBITRATION CLAUSE, SELLER AND EACH GUARANTOR MUST SEND BUYER A NOTICE THAT THE SELLER AND EACH GUARANTOR DOES NOT WANT THIS CLAUSE SHALL TO APPLY TO THIS AGREEMENT. FOR ANY OPT OUT TO BE NULL EFFECTIVE, SELLER AND VOID. EACH GUARANTOR MUST SEND AN OPT OUT NOTICE TO THE FOLLOWING ADDRESS BY REGISTERED MAIL, WITHIN 14 DAYS AFTER THE DATE OF THIS AGREEMENT: BUYER – ARBITRATION OPT OUT, RADIUM2 CAPITAL INC., 65 WEST 36TH STREET, SUITE 12, NEW YORK, NY 10018, ATTENTION: LEGAL DEPARTMENT. 9 Appendix A – List of Fees and Charges In addition to the Purchased Amount of Future Receipts, the Agreement provides that the following fees shall be applied: 1.Underwriting Fee - $7,500 origination fee listed on page 1 of agreement. View More

Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York City (with the exception of claims to enforce the indemnity provision contained herein, which may, at the option of the party seeking relief, be submitted either to arbitration or to any court of competent... jurisdiction). The arbitration shall be administered either by FINRA Dispute Resolution pursuant to its Code of Arbitration Procedure, or if FINRA cannot or does not accept the arbitration, by JAMS or Mediation Solutions pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award any award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 6 The arbitrator may, in the Award, award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party. The parties hereby agree that this Section 13 shall survive the termination and/or expiration of this Agreement. Tribal's The Company's and the Company's NSC's consent to Arbitration arbitration are confirmed by initialing below: Tribal SB JR Company NSC 14. Severability. Should any one or more covenants, restrictions and provisions contained in this Agreement be held for any reason to be void, invalid or unenforceable, in whole or in part, such unenforceability will not affect the validity of any other term of this Agreement, and the invalid provision will be binding to the fullest extent permitted by law and will be deemed amended and construed so as to meet this intent. To the extent any provision cannot be so amended or construed as a matter of law, the validity of the remaining provisions shall be deemed unaffected and the illegal or invalid provision will be deemed stricken from this Agreement. View More

Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration before one arbitrator in New York Los Angeles (with the exception of claims to enforce the indemnity provision contained herein, which may, at the option of the party seeking relief, be submitted either to arbitration... or to any court of competent jurisdiction). The arbitration shall be administered either by FINRA Dispute Resolution pursuant to its Code of Arbitration Procedure, or if FINRA cannot or does not accept the arbitration, by JAMS or Mediation Solutions pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the Award, award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party. The parties hereby agree that this Section 13 14 shall survive the termination and/or expiration of this Agreement. Tribal's The Company's and the Company's Consultant's consent to Arbitration are confirmed by initialing below: Tribal /s/ RM /s/ AD Company 14. Consultant 15. Severability. Should any one or more covenants, restrictions and provisions contained in this Agreement be held for any reason to be void, invalid or unenforceable, in whole or in part, such unenforceability will not affect the validity of any other term of this Agreement, and the invalid provision will be binding to the fullest extent permitted by law and will be deemed amended and construed so as to meet this intent. To the extent any provision cannot be so amended or construed as a matter of law, the validity of the remaining provisions shall be deemed unaffected and the illegal or invalid provision will be deemed stricken from this Agreement. View More

Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration before one arbitrator in New York San Francisco (with the exception of claims to enforce the indemnity provision contained herein, which may, at the option of the party seeking relief, be submitted either to... arbitration or to any court of competent jurisdiction). The arbitration shall be herein), administered either by FINRA Dispute Resolution pursuant to its Code of Arbitration Procedure, or if FINRA cannot or does not accept the arbitration, by JAMS or Mediation Solutions pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 4 The arbitrator may, in the Award, award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party. The parties hereby agree that this Section 13 10 shall survive the termination and/or expiration of this Agreement. Tribal's The Company's and the Company's Lead Investor's consent to Arbitration are confirmed by initialing below: Tribal Company 14. Lead Investor 10. Severability. Should any one or more covenants, restrictions and provisions contained in this Agreement be held for any reason to be void, invalid or unenforceable, in whole or in part, such unenforceability will not affect the validity of any other term of this Agreement, and the invalid provision will be binding to the fullest extent permitted by law and will be deemed amended and construed so as to meet this intent. To the extent any provision cannot be so amended or construed as a matter of law, the validity of the remaining provisions shall be deemed unaffected and the illegal or invalid provision will be deemed stricken from this Agreement. View More

Arbitration. 9.2 Costs of Arbitration. 9.3 Site of Arbitration. 12.2 Amendment and Waiver. 12.3 Withholding Taxes. 12.4 Severability. 12.5 Choice of Law. 12.6 No Duty to Mitigate. 12.7. It is further intended that payments hereunder satisfy, to the greatest extent possible, the exemption from the application of Code Section 409A (and any state law of similar effect) provided under Treasury Regulation Section 1.409A-1(b)(4) (as a "short-term deferral"). 12.8 Entire Agreement. This Agreement represents the... entire agreement and understanding between the parties as to the subject matter herein (whether oral or written and whether express or implied). View More

Arbitration. Any claim, dispute or controversy arising out of this Agreement (other than claims relating to misuse or misappropriation of the intellectual property of the Company), the interpretation, validity or enforceability of this Agreement or the alleged breach thereof shall be submitted by the parties to binding arbitration by a sole arbitrator under the rules of the American Arbitration Association; provided, however, that (a) the arbitrator shall have no authority to make any ruling or judgment... that would confer any rights with respect to the trade secrets, confidential and proprietary information or other intellectual property of the Company upon the Executive or any third party; and (b) this arbitration provision shall not preclude the Company from seeking legal and equitable relief from any court having jurisdiction with respect to any disputes or claims relating to or arising out of the misuse or misappropriation of the Company's intellectual property. Judgment may be entered on the award of the arbitrator in any court having jurisdiction. 9.2 Costs of Arbitration. All costs of arbitration, including reasonable attorney's fees of the Executive, will be borne by the Company, except that if the Executive initiates arbitration and the arbitrator finds the Executive's claims to be frivolous the Executive shall be responsible for his own costs and attorneys fees. 9.3 Site of Arbitration. The site of the arbitration proceeding shall be in New York City, New York. -11- 10. NOTICES For purposes of this Agreement, notices and all other communications provided for in the Agreement shall be in writing and shall be deemed to have been duly given when delivered or five (5) business days after being mailed, return receipt requested, as follows: (a) if to the Company, attention: Chief Executive Officer, at the Company's offices at 83 South Street, Suite 101, Freehold, New Jersey 07728 and, (b) if to the Executive, at the address indicated below or such other address specified by the Executive in writing to the Company. Loveland, Ohio. Either party may provide the other with notices of change of address, which shall be effective upon receipt. View More

Arbitration. 10.1.Disputes Subject to Arbitration. Any claim, dispute or controversy arising out of this Agreement (other than claims relating to misuse or misappropriation of the intellectual property of the Company), the interpretation, validity or enforceability of this Agreement or the alleged breach thereof shall be submitted by the parties to binding arbitration by a sole arbitrator under the rules of the American Arbitration Association; provided, however, that (a) the arbitrator shall have no... authority to make any ruling or judgment that would confer any rights with respect to the trade secrets, confidential and proprietary information or other intellectual property of the Company upon the Executive or any third party; and (b) this arbitration provision shall not preclude the Company from seeking legal and equitable relief from any court having jurisdiction with respect to any disputes or claims relating to or arising out of the misuse or misappropriation of the Company's company's intellectual property. Judgment may be entered on the award of the arbitrator in any court having jurisdiction. 9.2 10.2. Costs of Arbitration. All costs of arbitration, including reasonable attorney's fees of the Executive, will arbitration shall be borne by equally between the Company, except that if the Executive initiates arbitration Company and the arbitrator finds the Executive's claims to be frivolous the Executive Executive. Each party shall be responsible for his its own costs and attorneys legal fees. 9.3 Site 10.3.Site of Arbitration. The site of the arbitration proceeding shall be in New York City, New York. -11- 10. NOTICES For purposes of this Agreement, 8 11. Notices. All notices and all other communications required by or provided for in the this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally delivered, one (1) business day after being placed with an overnight courier, or five (5) business days after being mailed, return receipt requested, as follows: (a) if to the Company, attention: Chief Executive Officer, Attention: David R. Fishkin, Vice President and Corporate Counsel, at the Company's offices at 83 South Street, Suite 101, Freehold, 670 Long Beach Boulevard, Long Beach, New Jersey 07728 and, York 11561 and (b) if to the Executive, at the address indicated below on the signature page hereto, or such other address specified by the Executive either party in writing to the Company. Either party may provide the other with notices of change of address, which shall be effective upon receipt. party. View More

Arbitration. Except for an action by any J.Jill Company for injunctive relief as described in paragraph 17 16 of this Agreement, any disputes or controversies arising under or related to this Agreement or the Executive's employment with the Company will be settled by binding arbitration in Boston, Massachusetts, Wilmington, Delaware through the use of and in accordance with the applicable rules of the American Arbitration Association relating to arbitration of commercial disputes ("AAA") and pursuant to the... Federal Arbitration Act. One neutral arbitrator shall hear the dispute. The determination and findings of such arbitrator will be binding on all parties and may be enforced, if necessary, in any court of competent jurisdiction. The arbitrator shall be mutually 19 acceptable to the parties and need not be selected from the AAA's roster of arbitrators if the parties can agree otherwise. If the parties are unable to agree on an arbitrator, then the arbitrator shall be selected pursuant to the AAA's rules. Except as prohibited by applicable law, the prevailing each party in any such arbitration, or in any action to enforce this paragraph 18 or any arbitration award hereunder, shall be awarded and the nonprevailing party shall pay the prevailing party's attorneys' liable for its or her own legal fees and related expenses expenses, and the nonprevailing party shall pay split equally all arbitration filing and administration fees fees, as well as all fees and expenses of the arbitrator. Notwithstanding the foregoing, disputes or controversies relating to Executive's status as, or rights arising as, an equityholder of Parent shall be governed by the terms of the Grant Agreement, the Parent LPA, and related documents. View More