Common use of California Code of Civil Procedure Clause in Contracts

California Code of Civil Procedure. Executive agrees that the arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication and motions to dismiss and demurrers, prior to any arbitration hearing. Executive agrees that the arbitrator shall issue a written decision on the merits. Executive also agrees that the arbitrator shall have the power to award any remedies, including attorneys’ fees and costs, available under applicable law. Executive understands the Company will pay for any administrative or hearing fees charged by the arbitrator or AAA except that Executive shall pay the first $200.00 of any filing fees associated with any arbitration Executive initiates. Executive agrees that the arbitrator shall administer and conduct any arbitration in a manner consistent with the Rules and that to the extent that the AAA’s National Rules for the Resolution of Employment Disputes conflict with the Rules, the Rules shall take precedence.

Appears in 3 contracts

Samples: Hawkins Employment Agreement (Natus Medical Inc), Natus Medical Incorporated (Natus Medical Inc), ___________________ Employment Agreement (Natus Medical Inc)

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California Code of Civil Procedure. Executive agrees that the arbitrator shall will have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication and motions to dismiss and demurrers, prior to any arbitration hearing. Executive agrees that the arbitrator shall will issue a written decision on the merits. Executive also agrees that the arbitrator shall will have the power to award any remedies, including attorneys’ fees and costs, available under applicable law. Executive understands the Company will pay for any administrative or hearing fees charged by the arbitrator or AAA except that Executive shall will pay the first $200.00 125.00 of any filing fees associated with any arbitration Executive initiates. Executive agrees that the arbitrator shall will administer and conduct any arbitration in a manner consistent with the Rules and that to the extent that the AAA’s National Rules for the Resolution of Employment Disputes conflict with the Rules, the Rules shall will take precedence.

Appears in 1 contract

Samples: Executive Employment Agreement (Cytokinetics Inc)

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