Common use of Mediation and Arbitration Clause in Contracts

Mediation and Arbitration. Any dispute that may arise between Noble and Executive in reference to this Agreement, or the interpretation, application or construction thereof, and any matter, without limitation, arising out of Executive’s employment with Noble, shall be submitted to mediation using a mediator or mediators and procedures that are mutually acceptable to Executive and Noble. If mediation is not successful, the dispute shall be submitted to arbitration, conducted before an arbitrator in Middlesex County, Connecticut in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association then in effect. Judgment may be entered on the arbitration award in any court having jurisdiction; provided, however, that Noble shall be entitled to seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of the provisions of Sections 8 through 11 of the Agreement, and Executive hereby consents that such restraining order or injunction may be granted without requiring Noble to post a bond. Only individuals who are on the AAA register of arbitrators may be selected as an arbitrator. Within twenty (20) days of the conclusion of the arbitration hearing, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is mutually agreed that the written decision of the arbitrator(s) shall be valid, binding, final and non-appealable; provided however, that the parties agree that the arbitrator shall not be empowered to award punitive damages against any party. If for any reason this mediation and arbitration clause becomes not applicable, then each party, to the fullest extent permitted by applicable law, hereby irrevocably waives all right to a trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to this Agreement or any other matter involving the parties hereto.

Mediation and Arbitration. Any dispute that may arise Notwithstanding anything to the contrary contained herein, the parties agree to submit to mediation and, should settlement through mediation not occur, to arbitration any and all claims, disputes, and controversies between Noble them (and Executive their respective employees, officers, directors, affiliates, attorneys, and other agents) resulting from or arising out of this Agreement. Such mediation and arbitration shall proceed in reference to the jurisdiction where Party A is located, shall be governed by the law specified in this Agreement, or the interpretation, application or construction thereof, and any matter, without limitation, arising out of Executive’s employment with Noble, shall be submitted conducted (a) in accordance with such rules as may be agreed upon by the parties or (b) in the event the parties do not reach an agreement as to mediation using such rules within thirty (30) days after a mediator or mediators and procedures that are mutually acceptable to Executive and Noble. If mediation is not successfulnotice of dispute, the dispute shall be submitted to arbitration, conducted before an arbitrator in Middlesex County, Connecticut in accordance with the National Commercial Mediation Rules for the Resolution of Employment Disputes and Commercial Arbitration Rules of the American Arbitration Association then Association. If, within thirty (30) days after service of a written demand for mediation, the mediation does not result in effect. Judgment may be entered on the arbitration award in any court having jurisdiction; provided, however, that Noble shall be entitled to seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation settlement of the provisions of Sections 8 through 11 of the Agreementdispute, then any party may demand arbitration, and Executive hereby consents that such restraining order or injunction may be granted without requiring Noble to post a bond. Only individuals who are on the AAA register of arbitrators may be selected as an arbitrator. Within twenty (20) days of the conclusion of the arbitration hearing, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is mutually agreed that the written decision of the arbitrator(s) shall be valid, binding, final and non-appealable; provided however, binding on the parties. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. It is agreed that the parties agree that the arbitrator arbitrators shall not be empowered have no authority to award treble, exemplary, or punitive damages against of any party. If for type under any reason this mediation and arbitration clause becomes circumstances, whether or not applicablesuch damages may be available under state or federal law, then each partyor under the Federal Arbitration Act, or under the Commercial Arbitration Rules of the American Arbitration Association, the parties hereby waiving their right, if any, to the fullest extent permitted by applicable law, hereby irrevocably waives all right to a trial by jury as to recover any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to this Agreement or any other matter involving the parties heretosuch damages.

Mediation and Arbitration. Any dispute that may arise between Noble and Executive in reference to this Agreement, or the interpretation, application or construction thereof, and any matter, without limitation, arising out of Executive’s employment with Noble, shall be submitted to mediation using a mediator or mediators and procedures that are mutually acceptable to Executive and Noble. If mediation is not successful, the dispute shall be submitted to arbitration, conducted before an arbitrator in Middlesex County, Connecticut in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association then in effect. Judgment may be entered on the arbitration award in any court having jurisdiction; provided, however, that Noble shall be entitled to seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of the provisions of Sections 5 through 8 through 11 of the Agreement, Agreement and Executive hereby consents that such restraining order or injunction may be granted without requiring Noble to post a bond. Only individuals who are on the AAA register of arbitrators may be selected as an arbitrator. Within twenty (20) 20 days of the conclusion of the arbitration hearing, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is mutually agreed that the written decision of the arbitrator(s) shall be valid, binding, final and non-appealable; provided however, that the parties agree that the arbitrator shall not be empowered to award punitive damages against any party. If for any reason this mediation and arbitration clause becomes not applicable, then each party, to the fullest extent permitted by applicable law, hereby irrevocably waives all right to a trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to this Agreement or any other matter involving the parties hereto.

Mediation and Arbitration. Any dispute The Parties agree that may arise between Noble and Executive in reference all claims, disputes, and/or controversies arising under this Agreement and/or related to this Agreement, or the interpretation, application or construction thereof, and any matter, without limitation, arising out of ExecutiveEmployee’s employment hereunder (whether or not based on contract, tort or upon any federal, state or local statute, including but not limited to claims asserted under the Age Discrimination in Employment Act, as amended, Title VII of the Civil Rights Act of 1964, as amended, any state fair employment practices act, and/or the Americans with NobleDisabilities Act), shall be submitted resolved exclusively through mediation/arbitration by JAMS, in the County of New York in the State of New York. The Parties agree that the Parties shall first attempt to resolve any dispute through mediation, with mediation using a mediator or mediators fees to be split by both Parties, and procedures that are mutually acceptable to Executive and Noble. If if mediation is not successfulfails, the dispute Parties agree that they shall be submitted to arbitration, conducted before an arbitrator in Middlesex County, Connecticut proceed in accordance with the National JAMS Rules and Procedures for the Resolution Mediation/Arbitration of Employment Disputes of the American Arbitration Association then in effect. Judgment may be entered on the arbitration award in any court having jurisdictionDisputes; provided, however, that Noble shall be entitled to seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation the event that the Company alleges that Employee is in breach of any violation of the provisions contained in Sections 5 or 6 of Sections 8 through 11 of the this Agreement, and Executive hereby consents that such restraining order or injunction may be granted without requiring Noble to post a bond. Only individuals who are on the AAA register of arbitrators may be selected as an arbitrator. Within twenty (20) days of the conclusion of the arbitration hearing, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is mutually agreed that the written decision of the arbitrator(s) shall be valid, binding, final and non-appealable; provided however, that the parties agree that the arbitrator Company shall not be empowered exclusively required to award punitive damages against submit such dispute to mediation/arbitration. In such event, the Company may, at its option, seek and obtain from any party. If court having jurisdiction, injunctive or equitable relief, in addition to pursuing at arbitration all other remedies available to it (including without limitation any claims for any reason this mediation and arbitration clause becomes not applicable, then each party, to the fullest extent permitted by applicable law, hereby irrevocably waives all right to a trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim relief arising out of any breach of Sections 5 or relating 6 of this Agreement). In the event that the Company chooses to this Agreement bring any such suit, proceeding or action for injunctive or equitable relief in an appropriate court, Employee hereby waives his right, if any, to trial by jury, and hereby waives his right, if any, to interpose any other matter involving the parties heretocounterclaim or set-off for any cause whatever and agree to arbitrate any and all such claims.

Mediation and Arbitration. Any dispute that may arise between Noble and Executive in reference to this Agreement, or the interpretation, application or construction thereof, and any matter, without limitation, arising out of Executive’s employment with Noble, shall be submitted to mediation using a mediator or mediators and procedures that are mutually acceptable to Executive and Noble. If mediation is not successful, the dispute shall be submitted to arbitration, conducted before an arbitrator in Middlesex County, Connecticut in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association then in effect. Judgment may be entered on the arbitration award in any court having jurisdiction; provided, however, that Noble shall be entitled to seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of the provisions of Sections 8 through 11 12 of the Agreement, and Executive hereby consents that such restraining order or injunction may be granted without requiring Noble to post a bond. Only individuals who are on the AAA register of arbitrators may be selected as an arbitrator. Within twenty (20) days of the conclusion of the arbitration hearing, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is mutually agreed that the written decision of the arbitrator(s) shall be valid, binding, final and non-appealable; provided however, that the parties agree that the arbitrator shall not be empowered to award punitive damages against any party. If for any reason this mediation and arbitration clause becomes not applicable, then each party, to the fullest extent permitted by applicable law, hereby irrevocably waives all right to a trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to this Agreement or any other matter involving the parties hereto.

Mediation and Arbitration. Any dispute that may arise Notwithstanding anything to the contrary contained herein, the parties agree to submit to mediation and, should settlement through mediation not occur, to arbitration any and al1 claims, disputes, and controversies between Noble them (and Executive their respective employees, officers, directors, affiliates, attorneys, and other agents) resulting from or arising out of this Agreement. Such mediation and arbitration shall proceed in reference to the jurisdiction where Party A is located, shall be governed by the law specified in this Agreement, or the interpretation, application or construction thereof, and any matter, without limitation, arising out of Executive’s employment with Noble, shall be submitted conducted (a) in accordance with such rules as may be agreed upon by the parties or (b) in the event the parties do not reach an agreement as to mediation using such rules within thirty (30) days after a mediator or mediators and procedures that are mutually acceptable to Executive and Noble. If mediation is not successfulnotice of dispute, the dispute shall be submitted to arbitration, conducted before an arbitrator in Middlesex County, Connecticut in accordance with the National Commercial Mediation Rules for the Resolution of Employment Disputes and Commercial Arbitration Rules of the American Arbitration Association then Association. If, within thirty (30) days after service of a written demand for mediation, the mediation does not result in effect. Judgment may be entered on the arbitration award in any court having jurisdiction; provided, however, that Noble shall be entitled to seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation settlement of the provisions of Sections 8 through 11 of the Agreementdispute, then any party may demand arbitration, and Executive hereby consents that such restraining order or injunction may be granted without requiring Noble to post a bond. Only individuals who are on the AAA register of arbitrators may be selected as an arbitrator. Within twenty (20) days of the conclusion of the arbitration hearing, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is mutually agreed that the written decision of the arbitrator(s) shall be valid, binding, final and non-appealable; provided however, binding on the parties. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. It is agreed that the parties agree that the arbitrator arbitrators shall not be empowered have no authority to award treble, exemplary, or punitive damages against of any party. If for type under any reason this mediation and arbitration clause becomes circumstances, whether or not applicablesuch damages may be available under state or federal law, then each partyor under the Federal Arbitration Act, or under the Commercial Arbitration Rules of the American Arbitration Association, the parties hereby waiving their right, if any, to the fullest extent permitted by applicable law, hereby irrevocably waives all right to a trial by jury as to recover any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to this Agreement or any other matter involving the parties heretosuch damages.

Mediation and Arbitration. Any dispute that may arise between Noble and Executive in reference to this Agreement, or the interpretation, application or construction thereof, and any matter, without limitation, arising out of Executive’s employment with Noble, shall be submitted to mediation using a mediator or mediators and procedures that are mutually acceptable to Executive and Noble. If mediation is not successful, the dispute shall be submitted to arbitration, conducted before an arbitrator in Middlesex County, Connecticut in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association then in effect. Judgment may be entered on the arbitration award in any court having jurisdiction; provided, however, that Noble shall be entitled to seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of the provisions of Sections 8 5 through 11 9 of the Agreement, Agreement and Executive hereby consents that such restraining order or injunction may be granted without requiring Noble to post a bond. Only individuals who are on the AAA register of arbitrators may be selected as an arbitrator. Within twenty (20) 20 days of the conclusion of the arbitration hearing, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is mutually agreed that the written decision of the arbitrator(s) shall be valid, binding, final and non-appealable; provided however, that the parties agree that the arbitrator shall not be empowered to award punitive damages against any party. If for any reason this mediation and arbitration clause becomes not applicable, then each party, to the fullest extent permitted by applicable law, hereby irrevocably waives all right to a trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to this Agreement or any other matter involving the parties hereto.

Mediation and Arbitration. Any dispute that may arise Disputes between Noble the Licensee and Executive in reference to this Agreement, or the interpretation, application or construction thereof, and any matter, without limitation, arising out of Executive’s employment with Noble, ACMSS™ not resolved by direct discussion shall be submitted to mediation using a mediator or mediators and procedures that are mutually acceptable pursuant to Executive and Noble. If mediation is not successful, the dispute shall be submitted to arbitration, conducted before an arbitrator in Middlesex County, Connecticut in accordance with the National Commercial Arbitration Rules for the Resolution of Employment Disputes of the American Arbitration Association (AAA). The Parties shall select the mediator within fifteen (15) days of the request for mediation. Engaging in mediation is a condition precedent to any form of binding dispute resolution. If neither direct discussions nor mediation successfully resolves the dispute, and if the Parties do not mutually agree otherwise in writing, then the Parties shall submit the matter to binding arbitration to be conducted before one arbitrator. All claims, disputes and matters in question arising out of, or relating to, this Agreement shall be decided by arbitration in accordance with the Commercial Arbitration Rules of the AAA then in effect. Judgment All claims and proceedings shall remain confidential. This agreement to arbitrate shall be specifically enforceable under the Federal Arbitration Act. An award entered in an arbitration proceeding shall be final, and judgment may be entered on upon it in accordance with applicable law in any court having jurisdiction. The costs of any binding dispute resolution procedures and reasonable attorneys’ fees shall be borne by the non-prevailing Party, as determined by the arbitrator, up to an amount that shall not exceed $7,500, and the Parties shall share equally the full amount of the arbitrators’ and AAA’s administrative fees of arbitration. All mediation, arbitration and litigation proceedings shall be held in Orange County, California. Neither Party may commence arbitration if the claim or cause of action would be barred by the applicable statute of limitations had the claim or cause of action been filed in a state or federal court. An award entered in an arbitration proceeding pursuant to this Agreement shall be final and binding upon the Parties, and judgment may be entered upon an award in any court having jurisdiction; provided. Licensee HEREBY VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT WHICH IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY PROCEEDING, howeverLITIGATION, that Noble shall be entitled to seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of the provisions of Sections 8 through 11 of the AgreementOR COUNTERCLAIM BASED ON, and Executive hereby consents that such restraining order or injunction may be granted without requiring Noble to post a bond. Only individuals who are on the AAA register of arbitrators may be selected as an arbitrator. Within twenty (20) days of the conclusion of the arbitration hearingOR ARISING OUT OF, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is mutually agreed that the written decision of the arbitrator(s) shall be validUNDER, binding, final and non-appealable; provided however, that the parties agree that the arbitrator shall not be empowered to award punitive damages against any party. If for any reason this mediation and arbitration clause becomes not applicable, then each party, to the fullest extent permitted by applicable law, hereby irrevocably waives all right to a trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to this Agreement or any other matter involving the parties heretoOR IN CONNECTION WITH THIS AGREEMENT.

Mediation and Arbitration. Any dispute that may arise between Noble and Executive all disputes, claims, or controversies arising out of or relating in reference any way to this Agreement, or including but not limited to Participants’ Use of the interpretation, application or construction thereof, and any matter, without limitation, arising out of Executive’s employment with Noble, shall Facility must be submitted to a formal mediation using a mediator mediator, or mediators and procedures that are mutually acceptable to Executive and Noble. If mediation is not successfula comparable impartial third party, the dispute shall be submitted to arbitration, conducted before an arbitrator in Middlesex County, Connecticut in accordance with the National Rules for the Resolution of Employment Disputes of either appointed by the American Arbitration Association then or any other mediator to which the Parties agree in effectwriting. Judgment Mediation must commence within any applicable statute of limitations, and shall be deemed to commence when a Party notifies the agreed-upon mediator, in writing, of its request for mediation, the subject of the dispute, and the relief requested. Mediation shall be deemed to be in the nature of settlement negotiations and any dispute not otherwise satisfactorily resolved via mediation shall be subject to mandatory, final and binding arbitration. Either Party may initiate arbitration with respect to the matters submitted to mediation by notifying the other Party, in writing and within ten days after the mediation is concluded, of its demand for arbitration. Unless otherwise agreed by the Parties, the mediator shall be entered on disqualified from serving as arbitrator in the case. Except as otherwise agreed in writing by the Parties or as required by applicable law, any mediation and arbitration shall be conducted in Vermont. Similar to a judge or jury, an arbitrator may grant any remedy or relief that the arbitrator deems just and equitable and within the scope of the agreement of the parties, however the scope and rules of arbitration differ, and review is limited. In the event that mediation does not result in a settlement, arbitration shall be the sole and exclusive forum for resolution of the dispute, claim or controversy, and the arbitration award shall be in writing, state the reasons for the award, and be final and binding. Judgment thereon may then be entered in any court having jurisdiction; provided, however, that Noble shall be entitled to seek a restraining order or injunction in any Vermont court of competent jurisdiction to prevent any continuation of any violation of the provisions of Sections 8 through 11 of the jurisdiction. By signing this Agreement, and Executive hereby consents that such restraining order or injunction may be granted without requiring Noble to post a bond. Only individuals who are on the AAA register of arbitrators may be selected as an arbitrator. Within twenty (20) days of the conclusion of the arbitration hearing, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is mutually agreed that the written decision of the arbitrator(s) shall be valid, binding, final and non-appealable; provided however, that the parties agree that the arbitrator shall not be empowered to award punitive damages against any party. If for any reason this mediation and arbitration clause becomes not applicable, then each partyParticipants, to the fullest extent permitted by applicable law, hereby irrevocably waives all agree to this Section 11 and agree to settle disputes only by individualized mediation and, if mediation is not successful, arbitration, with disputes from different participants to be heard in different proceedings. Participants thereby waive their right to seek relief in a trial court of law and have any and all claims decided by a jury as to any issue relating hereto in any action, proceedingor a judge, or counterclaim arising out of to maintain other available court action or relating administrative proceedings to this Agreement or any other matter involving the parties heretosettle Participants’ disputes.

Mediation and Arbitration. Any No party to this Agreement may initiate litigation or arbitration with regard to any dispute that may arise between Noble and Executive with respect to this Agreement until after all remedies set forth in reference to this Section have been exhausted. In the event of any dispute arising over this Agreement, or any party shall have the interpretation, application or construction thereof, and any matter, without limitation, arising out of Executive’s employment with Noble, shall right by giving written notice to the other parties hereto (the "Mediation Notice") to initiate non-binding mediation to be submitted to mediation using conducted by a mediator or mediators and procedures that mutually agreed to by the parties or, in the event the parties are mutually acceptable unable to Executive and Noble. If mediation is not successfulreach such agreement within thirty (30) days following the delivery of the Mediation Notice, by a mediator appointed by the dispute shall be submitted to arbitration, conducted before an arbitrator in Middlesex County, Connecticut American Arbitration Association ("Arbitration Association") in accordance with the National Rules for the Resolution of Employment Disputes rules and regulations of the American Arbitration Association then Association, or by any other body mutually agreed upon by the parties. Mediation shall take place at San Jose, California or any other location mutually agreeable to the parties. In the event the parties resolve their dispute in effect. Judgment may be entered on the arbitration award in any court having jurisdiction; providedmediation, howeverthey shall enter into a written agreement, that Noble which shall be entitled to seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation binding on all parties thereto. In the event such dispute has not been resolved within ninety (90) days after the selection of the provisions of Sections 8 through 11 of the Agreementmediator pursuant to this Section, and Executive hereby consents that such restraining order then, any dispute or injunction may be granted without requiring Noble to post a bond. Only individuals who are on the AAA register of arbitrators may be selected as an arbitrator. Within twenty (20) days of the conclusion of the arbitration hearing, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is mutually agreed that the written decision of the arbitrator(s) shall be valid, binding, final and non-appealable; provided however, that the parties agree that the arbitrator shall not be empowered to award punitive damages against any party. If for any reason this mediation and arbitration clause becomes not applicable, then each party, to the fullest extent permitted by applicable law, hereby irrevocably waives all right to a trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim controversy arising out of or relating to this Agreement shall be settled by final and binding arbitration. Such arbitration shall be conducted before a single arbitrator and, except as otherwise set forth herein, shall be conducted in accordance with the then-existing rules of the Arbitration Association and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof; provided, however, that the law applicable to any such controversy shall be the law of California, regardless of its or any other matter involving jurisdiction's choice of law principle. The arbitration award shall be specifically enforceable; judgment upon any arbitration award may be entered in any court with personal jurisdiction over the parties heretoand subject matter of the disputes. By entering into this provision, it is the parties intention to expedite, and limit the costs involved in, resolution of any future dispute, and therefore pre-hearing discovery shall be limited to production of key documents and, if appropriate, subpoena of not more than two key witnesses, as determined by the arbitrator, and shall not extend to depositions of parties. Any award shall be limited to a recovery of foreseeable, contract damages, which are a direct consequence of a breach of this Agreement. In further limitation hereof, no arbitrator shall be empowered to award any other damages, including, but not limited to, consequential, compensatory, or punitive damages. For all purposes under this Section 12.11, the Shareholders shall act through the Shareholders Representative.