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, arising from or relating to the enforcement, breach, performance, or interpretation of this Agreement, your employment with the Company, or the termination of your employment, shall be resolved, to the fullest extent permitted by law, by final, binding and confidential arbitration in San Jose, California by JAMS, Inc. (JAMS) or its successor, under JAMS then applicable rules and 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. You will have the right to be represented by legal counsel at any arbitration proceeding. The arbitrator shall: # 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 # 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 arbitrators 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 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.
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 Agreement, your employment with the Company, or the termination of your employment, shall be resolved,resolved pursuant to the Federal Arbitration Act, 9 U.S.C. § 1-16, to the fullest extent permitted by law, by final, binding and confidential arbitration in San Jose, Californiaconducted by JAMS, Inc. (JAMS)JAMS or its successor, under JAMSJAMS’ then applicable rules and procedures.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 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, to the extent such claims are not permitted by applicable law to be submitted to mandatory arbitration (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 publicly 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 arbitratorarbitrator’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 Agreementletter 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.
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, arising from or relating to the enforcement, breach, performance, or interpretation of this Agreement, your employment with the Company, or the termination of your employment, shall be resolved, to the fullest extent permitted by law, by final, binding and confidential arbitration in San Jose, California by JAMS, Inc. ((JAMS) or its successor, under JAMS then applicable rules and procedures. You acknowledge that byprocedures for employment disputes. 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 by administrative proceeding. You will have the right to be represented by legal counsel at any arbitration proceeding. The arbitrator shall: # 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;available under applicable law in a court proceeding; and # 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 arbitrators 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 JAMSbear JAMS arbitration fees and administrative costs in excess of the administrativecourt filing fees that you would be required to pay if the dispute were decidedwas litigated in a court of law.civil court. Nothing in this Agreement is intended toshall 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.
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 Agreement, your employment with the Company, or the termination of your employment, shall be resolved, to the fullest extent permitted by law, by final, binding and confidential arbitration in San Jose,Palo Alto, California conducted by JAMS, Inc. (JAMS) or its successor, under JAMS then applicable rules and 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. You will have the right to be represented by legal counsel at any arbitration proceeding. The arbitrator shall: # 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 # 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 arbitrators 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 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.
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, arising from or relating to the enforcement, breach, performance, or interpretation of this Agreement, your employment with the Company, or the termination of your employment, shallAny such arbitration proceeding will be resolved, to the fullest extent permittedgoverned by law, by final, binding and confidential arbitration in San Jose, California by JAMS, Inc. (JAMS) or its successor, under JAMSJAMS’ then applicable rules and procedures. You acknowledge that by agreeingprocedures for employment disputes, which can be found at http://www.jamsadr.com/rules-clauses/ and which will be provided to this arbitration procedure, both you and the Company waive the right to resolveupon request. In any such dispute through a trial by jury or judge or administrative proceeding. You will haveproceeding, the right to be represented by legal counsel at any arbitration proceeding. 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 byarbitration decision including 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 arbitratorarbitrator’s essential findings and conclusions on whichand a statement of the award is based. The arbitratoraward. You and the Company each shall be authorizedentitled to award all reliefrights and remedies that you or the Companyeither 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 decidedpursue in a court of law. Nothing in this Agreement is intended to prevent either youthe Company or the Companyyou from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any such arbitration pursuant to applicable law. The Company shall pay all filing fees in excess of those which would be required if the dispute were decided in a court of law, and shall pay the arbitrator’s fees and any other fees or costs unique to 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.
Arbitration.Dispute Resolution. To ensure the rapidtimely and economical resolution of disputes that may arise in connection with your employment with the Company, youthis Agreement, Executive and the Company agree thatthat, except as excluded herein, any and all disputes, claims, or causescontroversies, claims and disputes arising out of action, in law or equity, arising from or relating to this Agreement, including without limitation any alleged violation of its terms or otherwise arising out of the enforcement, breach, performance, orParties’ relationship, shall be resolved solely and exclusively by final and binding arbitration held in San Mateo County, California through JAMS in conformity with California law and the then-existing JAMS employment arbitration rules, which can be found at https://www.jamsadr.com/rules-employment-arbitration/. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. shall govern the interpretation and enforcement of this Agreement, your employment with the Company, or the terminationarbitration clause. All remedies available from a court of your employment,competent jurisdiction shall be resolved, toavailable in the fullest extent permitted by law, by final, binding and confidential arbitrationarbitration; provided, however, in San Jose, California by JAMS, Inc. (JAMS) or its successor, under JAMS then applicable rules and procedures. You acknowledge that by agreeing to this arbitration procedure, both you andthe event of a breach of Section 8(a), the Company waivemay request relief from a court of competent jurisdiction if such relief is not available or not available in a timely fashion through arbitration as determined by the right to resolve any such dispute through a trial by jury or judge or administrative proceeding. You will have the right to be represented by legal counsel at any arbitration proceeding.Company. The arbitrator shall: # have the authority to compelprovide adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law;dispute; and # issue a written statement signed byarbitration decision, to include 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 arbitratorarbitrator’s essential findings and conclusions on whichand a statement of the award is based.award. The arbitrator shall award the prevailing Party attorneys’ fees and expert fees, if any. Notwithstanding the foregoing, it is acknowledged that it will be authorizedimpossible to award all reliefmeasure in money the damages that you orwould be suffered if the Company wouldParties fail to comply with any of the obligations imposed on them under Section 8(a), and that in the event of any such failure, an aggrieved person will be irreparably damaged and will not have an adequate remedy at law. Any such person shall, therefore, be entitled to seek injunctive relief, including specific performance, to enforce such obligations, and if any action shall be brought in equity to enforce any of the provisions of Section 8(a), none of the Parties shall raise the defense, without a good faith basis for raising such defense, that there is an adequate remedy at law. Executive and the Company understand that by agreement to arbitrate any claim pursuant to this Section 8(g), they will not have the right to have any claim decided by a jury or a court of law. Thebut shall instead have any claim decided through arbitration. Executive and the Company shall pay all JAMS arbitration fees in excess of the administrative fees that you would be requiredwaive any constitutional or other right to pay if the dispute were decided in a court of law. Nothing inbring claims covered by this Agreement is intendedother than in their individual capacities. Except as may be prohibited by applicable law, the foregoing waiver includes the ability to prevent either youassert claims as a plaintiff or the Company from obtaining injunctive reliefclass member in courtany purported class or collective action or representative proceeding. Nothing herein shall limit Executive’s ability to prevent irreparable harm pending the conclusion of any suchpursue claims for workers compensation or unemployment benefits or pursue other claims which by law cannot be subject to mandatory arbitration.
Arbitration. To ensure the rapid and economical resolution of disputes that may arise in connection with yourthe Executive’s employment with the Company, youExecutive and the Company agree that any and all disputes, claims, or causes of action, in law or equity, arising from or relating to the enforcement, breach, performance, or interpretation of this Agreement, your employment with the Company,Executive’s employment, or the termination of yourthat employment, shallwill be resolved, to the fullest extent permitted by law, by final, binding and confidential arbitration pursuant to the Federal Arbitration Act in San Jose, CaliforniaNew York, New York conducted by JAMS,the Judicial Arbitration and Mediation Services/Endispute, Inc. (JAMS(“JAMS”), or its successor,successors, under JAMS then applicablethe then-current rules and procedures. You acknowledgeof JAMS for employment disputes; provided 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. You will have the right to be represented by legal counsel at any arbitration proceeding. The arbitrator shall: # 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 # issue a written statement signed byarbitration decision including 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 arbitratorarbitrator’s essential findings and conclusions on whichand a statement of the award is based. The arbitratoraward. Accordingly, Executive and the Company hereby waive any right to a jury trial. Both Executive and the Company shall be authorizedentitled to award all reliefrights and remedies that youeither Executive or the Company would be entitled to seekpursue in a court of law. The Company shall pay allany JAMS arbitrationfiling fee and shall pay the arbitrator’s fee. The arbitrator shall have the discretion to award attorneys fees to the party the arbitrator determines is the prevailing party in excess of the administrative fees that you would be required to pay if the dispute were decided in a court of law.arbitration. Nothing in this Agreement is intended to prevent either youExecutive or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any such arbitration. Notwithstanding the foregoing, Executive and the Company each have the right to resolve any issue or dispute involving confidential, proprietary or trade secret information, or intellectual property rights, by Court action instead of arbitration.
Arbitration. To ensure the rapidtimely 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,action arising from or relating to the CIIA enforcement, breach, performance, negotiation, execution, or interpretation of this Agreement,letter agreement, the CIIA, your employment with the Company,employment, or the termination of your employment, shallincluding but not limited to all statutory claims, will be resolved,resolved pursuant to the Federal Arbitration Act, 9 U.S.C. §1-16, and to the fullest extent permitted by law, by final, binding and confidential arbitration by a single arbitrator conducted in San Jose, Californiathe Washington, D.C. metropolitan area by JAMS,Judicial Arbitration and Mediation Services Inc. (JAMS(“JAMS”) or its successor, under JAMSthe then applicable JAMS rules and procedures. You acknowledge that by(at the following web address: https://www.jamsadr.com/rules-employment-arbitration/). A hard copy of the rules will be provided to you upon request. 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. YouIn addition, all claims, disputes, or causes of action under this provision, 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. The Company acknowledges that 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 byarbitration decision, to include 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 arbitratorarbitrator’s essential findings and conclusions on whichand a statement of the award is based. The arbitrator shallaward; and (c) be authorized to award any or all reliefremedies that you or the Company would be entitled to seek in a court of law. The Company shall pay all JAMSfor JAMS’ arbitration fees. Each party is responsible for its own attorneys’ fees. Notwithstanding the preceding, the arbitrator is authorized to allocate attorneys’ fees and expenses and interest to either party considering in excesspart whether the actions or lack of the administrative fees that you would be required to pay if the dispute were decided in a court of law.action by either party caused delay or additional costs. Nothing in this Agreementletter 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.
Arbitration. To ensureYou and the rapidCompany agree to submit to mandatory binding arbitration any and economical resolutionall claims arising out of disputes that may arise in connection withor related to your employment with the Company, youCompany and the Company agreetermination thereof, including but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/ or discrimination (including harassment) based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that any and all disputes, claims, or causes of action,each party may, at each partys option, seek injunctive relief in law or equity, arising from or relatingcourt related to the enforcement, breach, performance,improper use, disclosure or interpretationmisappropriation of this Agreement, your employment with the Company,a partys proprietary, confidential or the termination of your employment,trade secret information. All arbitration hearings shall be resolved,conducted in Santa Clara County, California. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO SUCH CLAIMS. This offer letter does not restrict your right to file administrative claims you may bring before any government agency where, as a matter of law, the parties may not restrict the employees ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, by final, bindingarbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and confidential arbitration in San Jose, California by JAMS, Inc. (JAMS) or its successor, under JAMS then applicable rulesreviewed at http://jamsadr.com/rules-employment-arbitration. If you are unable to access these rules, please let me know and procedures. You acknowledge that by agreeing to this arbitration procedure, bothI will provide you and the Company waive the right to resolve any such dispute throughwith a trial by jury or judge or administrative proceeding. You will have the right to be represented by legal counsel at any arbitration proceeding.hardcopy. The arbitrator shall: # 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 #shall issue a written statement signed bydecision that contains 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 arbitrators essential findings and conclusions on which the awarddecision 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 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.
Arbitration. To ensure the rapidControversies Arising Out of Agreement. The Parties agree that any judicially cognizable controversy or claim arising out of or relating to this Agreement, or its breach shall be resolved through a confidential and economical resolution of disputes that may arisebinding arbitration before a single neutral arbitrator in connection with your employmentPennsylvania in accordance with the Company, youEmployment Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services (“JAMS”), except as otherwise set forth below. The JAMS rules and procedures may be found online at https://www.jamsadr.com/rules-employment-arbitration/. The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable under the law, including, but not limited to, any remedy or relief that would have been available to the Parties had the matter been heard in court. Both Employee and the Company agree thatexpressly waive their right to a jury trial. This Section 7.7 is intended to be the exclusive method for resolving any and all disputes, claims, or causesclaims by the Parties against each other for payment of action, in law or equity, arising fromdamages under this Agreement or relating to the enforcement, breach, performance, or interpretation of this Agreement, your employment with the Company, or the termination of your employment, shall be resolved, to the fullest extent permitted by law, by final, binding and confidential arbitration in San Jose, California by JAMS, Inc. (JAMS) or its successor, under JAMS then applicable rules and 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. You will have the right to be represented by legal counsel at any arbitration proceeding. The arbitrator shall: # 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 # 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 arbitratorEmployee’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.employment. Nothing in this Agreement is intendedshall restrict or limit Employee’s rights that cannot be waived by agreement, including any nonwaivable right to preventfile or participate in a complaint or investigation by a law enforcement or government agency. This Agreement shall not limit either you or the CompanyParty’s right to obtain a provisional remedy from obtaining injunctive relief inany court of competent jurisdiction as may be necessary to prevent irreparable harmprotect their rights and interests pending the conclusionoutcome of arbitration, including without limitation injunctive relief, in any court of competent jurisdiction. Seeking any such relief shall not be deemed to be a waiver of such Party’s right to compel arbitration. The prevailing party shall be entitled to recover all fees and costs from the other party arising from any arbitration brought pursuant to this Section. All costs of the
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