Common use of Alternative Dispute Resolution Clause in Contracts

Alternative Dispute Resolution. The Company and Executive mutually agree that any controversy or claim arising out of or relating to this Agreement or the breach thereof, or any other dispute between the parties relating in any way to Executive’s employment with the Company or the termination of that relationship, including disputes arising under the common law and/or any federal or state statutes, laws or regulations, shall be submitted to mediation before a mutually agreeable mediator, which cost is to be borne equally by the parties. In the event mediation is unsuccessful in resolving the claim or controversy, such claim or controversy shall be resolved as set forth in Paragraph 16 below. The claims covered by this Agreement (“Arbitrable Claims”) include, but are not limited to, claims for wages or other compensation due; claims for breach of any contract (including this Agreement) or covenant (express or implied); tort claims; claims for discrimination (including, but not limited to, race, sex, religion, national origin, age, marital status, medical condition, or disability); claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one); and claims for violations of any federal, state, or other law, statute, regulation, or ordinance, except claims excluded in the following paragraph. The parties hereby waive any rights they may have to trial by jury in regard to Arbitrable Claims if arbitration is selected as the method of dispute resolution pursuant to the terms of Paragraph 16 as set forth below. Claims Executive or the Company may have regarding Workers’ Compensation, unemployment compensation benefits, the non-solicitation and non-competition provisions of this Agreement, or the proprietary information provisions of this Agreement are not covered by this Paragraph or the arbitration and mediation provisions of Paragraph 16 of this Agreement as set forth below.

Alternative Dispute Resolution. 7.1 The Company and Executive Employee mutually agree that any controversy or claim arising out of or relating to this Agreement or the breach thereof, or any other dispute between the parties relating in any way arising from or related to ExecutiveEmployee’s employment with the Company or the termination of that relationship, including disputes arising under the common law and/or any federal or state statutes, laws or regulationsCompany, shall be submitted to mediation before a mutually agreeable mediator, which cost is to be borne equally by the parties. In the event mediation is unsuccessful in resolving the claim or controversy, such claim or controversy shall be resolved as set forth by arbitration 7.2 Company and Employee agree that arbitration shall be held in Paragraph 16 belowNew Jersey, before a mutually agreed upon single arbitrator licensed to practice law, in accordance with the rules of the American Arbitration Association. The arbitrator shall have authority to award or grant legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties. If the parties are unable to agree on an arbitrator, the matter shall be submitted to the American Arbitration Association solely for appointment of an arbitrator. 7.3 The claims covered by this Agreement (“Arbitrable Claims”) include, but are not limited to, claims for wages or other compensation due; claims for breach of any contract (including this Agreement) or covenant (express or implied); tort claims; claims for discrimination (including, but not limited to, race, sex, religion, national origin, age, marital status, medical condition, or disability); claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one); and claims for violations violation of any federal, state, or other law, statute, regulation, or ordinance, except claims excluded in the following paragraph. The parties hereby waive any rights they may have to trial by jury in regard to Arbitrable Claims if arbitration is selected as the method of dispute resolution pursuant to the terms of Paragraph 16 as set forth below. Claims Executive or the Company Claims. 7.4 This Section 7 does not cover (a) claims that Employee may have regarding for Workers’ Compensation, ' Compensation State disability or unemployment compensation benefits, the non-solicitation and non-competition provisions of this Agreementbenefits or (b) either party's right to obtain provisional remedies, or the proprietary information provisions interim relief from a court of competent jurisdiction. 7.5 Arbitration under this Agreement are not covered by this Paragraph or shall be the arbitration exclusive remedy for all Arbitrable Claims. This agreement to mediate and mediation provisions arbitrate survives termination of Paragraph 16 of this Agreement as set forth belowEmployee’s employment.

Alternative Dispute Resolution. The Company and Executive mutually agree that any controversy or claim arising out of or relating to this Agreement or the breach thereof, or any other dispute between the parties relating in any way to Executive’s 's employment with the Company or the termination of that relationship, including disputes arising under the common law and/or any federal or state statutes, laws or regulations, shall be submitted to mediation before a mutually agreeable mediator, which cost is to be borne equally by the parties. In the event mediation is unsuccessful in resolving the claim or controversy, such claim or controversy shall be resolved as set forth in Paragraph 16 belowexclusively by arbitration. The claims covered by this Agreement (“"Arbitrable Claims”") include, but are not limited to, claims for wages or other compensation due; claims for breach of any contract (including this Agreement) or covenant (express or implied); tort claims; claims for discrimination (including, but not limited to, race, sex, religion, national origin, age, marital status, medical condition, or disability); claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one); and claims for violations violation of any federal, state, or other law, statute, regulation, or ordinance, except claims excluded in the following paragraph. The parties hereby waive any rights they may have to trial by jury in regard to Arbitrable Claims if arbitration is selected as the method of dispute resolution pursuant to the terms of Paragraph 16 as set forth belowClaims. Claims Executive or the Company may have regarding Workers’ Compensation, ' Compensation or unemployment compensation benefits, benefits and the non-solicitation and non-competition provisions of this Agreement, or the proprietary information nonsolicitation provisions of this Agreement are not covered by this Paragraph or the arbitration and mediation provisions of Paragraph 16 this Agreement. Claims Executive or the Company may have for violation of the proprietary information provisions of this Agreement as set forth belowwell as the terms and provisions of Exhibit A of this Agreement are not covered by the arbitration and mediation provisions of this Section 8. Arbitration under this Agreement shall be the exclusive remedy for all Arbitrable Claims. The Company and Executive agree that arbitration shall be held in Santa Fe, New Mexico and shall be in accordance with the then-current Employment Dispute Resolution Rules of the American Arbitration Association, before an arbitrator licensed to practice law in New Mexico. The arbitrator shall have authority to award or grant both legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties. The Federal Arbitration Act shall govern the interpretation and enforcement of this Section 8 pertaining to Alternative Dispute Resolution. This Agreement to mediate and arbitrate survives termination of Executive's employment.

Alternative Dispute Resolution. The Company and Executive mutually ------------------------------ agree that any controversy or claim arising out of or relating to this Agreement or the breach thereof, or any other dispute between the parties relating in any way to Executive’s 's employment with the Company or the termination of that relationship, including disputes arising under the common law and/or any federal or state statutes, laws or regulations, shall be submitted to mediation before a mutually agreeable mediator, which cost is to be borne equally by the parties. In the event mediation is unsuccessful in resolving the claim or controversy, such claim or controversy shall be resolved as set forth in Paragraph 16 belowexclusively by binding arbitration. The claims covered by this Agreement (“"Arbitrable Claims”") include, but are not limited to, claims for wages or other compensation due; claims for breach of any contract (including this Agreement) or covenant (express or implied); tort claims; claims for discrimination (including, but not limited to, race, sex, religion, national origin, age, marital status, medical condition, or disability); claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one); , and claims for violations violation of any federal, state, or other law, statute, regulation, or ordinance, except claims excluded in the following paragraph. The parties hereby waive any rights they may have to trial by jury in regard to Arbitrable Claims if arbitration is selected as the method of dispute resolution pursuant to the terms of Paragraph 16 as set forth belowClaims. Claims Executive or the Company may have regarding Workers’ Compensation, ' Compensation or unemployment compensation benefits, benefits and the non-solicitation and non-competition provisions of this Agreement, or the proprietary information noncompetition provisions of this Agreement are not covered by this Paragraph or the arbitration and mediation provisions of Paragraph 16 this Agreement. Claims Executive or the Company may have for violation of the proprietary information provisions of this Agreement as set forth belowwell as the terms and provisions of Exhibit A of this Agreement are not covered by the arbitration and mediation provisions of this Section 9 of this Agreement. Arbitration under this Agreement shall be the exclusive remedy for all Arbitrable Claims. The Company and Executive agree that arbitration shall be held in or near either Boulder or Denver, Colorado and shall be in accordance with the then-current Employment Dispute Resolution Rules of the American Arbitration Association, before an arbitrator licensed to practice law in Colorado. The arbitrator shall have authority to award or grant both legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties. The Federal Arbitration Act shall govern the interpretation and enforcement of this Section 9 pertaining to Alternative Dispute Resolution. This Agreement to mediate and arbitrate survives termination of Executive's employment.

Alternative Dispute Resolution. a. The Company and Executive mutually agree that any controversy or claim arising out of or relating to this Agreement or the breach thereof, or any other dispute between the parties relating in any way to Executive’s employment with the Company or the termination of that relationship, including disputes arising under the common law and/or any federal or state statutes, laws or regulationsparties, shall be submitted to mediation before a mutually agreeable mediator, which cost is to be borne equally by the partiesparties hereto. In the event the parties are unable to agree upon a mediator, the mediator shall be Xxxxxxxx Xxxxxxxx or such person as Xxxxxxxx Mediation Inc. designates. In the event mediation is unsuccessful in resolving the claim or controversy, such claim or controversy shall be resolved by arbitration as set forth in Paragraph 16 described below. The claims covered by this Agreement (“"Arbitrable Claims”") ----------------- include, but are not limited to, claims for wages or other compensation due; claims for breach of any contract (including this Agreement) or covenant (express or implied); tort claims; claims for discrimination (including, but not limited to, race, sex, religion, national origin, age, marital status, medical condition, or disability); claims for benefits (except where an employee Executive benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one); , and claims for violations violation of any federal, state, or other law, statute, regulation, or ordinance, except claims excluded in the following paragraph. The parties hereto hereby waive any rights they may have to trial by jury in regard to Arbitrable Claims if arbitration is selected as the method of dispute resolution pursuant to the terms of Paragraph 16 as set forth below. Claims. b. Claims Executive or the Company may have regarding Workers’ Compensation, for workers' compensation or unemployment compensation benefits, the non-solicitation and non-competition provisions of this Agreement, or the proprietary information provisions of this Agreement benefits are not covered by this Paragraph Agreement. Also not covered is either party's right to obtain provisional remedies or interim relief from a court of competent jurisdiction for any claim or controversy arising out of or related to the unauthorized use, disclosure, or misappropriation of the confidential and/or proprietary information of either party. Notwithstanding anything in this Agreement to the contrary, however, should either party initiate litigation in any court as authorized by this section, the other party may assert any claims he or it may have as counterclaims or separate claims in such court and shall not be obligated to resolve them by mediation and/or arbitration. c. Except as provided in Section 11.b, mediation and arbitration under this Agreement shall be the exclusive remedy for all Arbitrable Claims. The Company and mediation provisions Executive agree that arbitration shall be held in or near Multnomah County, Oregon, or such location as the parties mutually agree upon, and shall be in accordance with the then current Employment Dispute Resolution Rules of Paragraph 16 the American Arbitration Association, before an arbitrator licensed to practice law in the State of Oregon or such other forum as the parties have agreed upon. The arbitrator shall have authority to award or grant legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties. The Federal Arbitration Act shall govern the interpretation and enforcement of this section pertaining to Alternative Dispute Resolution. The parties shall use their best efforts to agree upon an Arbitrator. If the parties are unable to agree upon an Arbitrator within 14 days of either party requesting arbitration of a dispute, the Arbitrator shall be designated by Xxxxxxxx Xxxxxxxx or Xxxxxxxx Mediation Inc. d. This Agreement as set forth belowto mediate and arbitrate survives termination of the Period of Employment.

Alternative Dispute Resolution. a. The Company and Executive mutually agree that any controversy or claim arising out of or relating to this Agreement or the breach thereof, or any other dispute between the parties relating in any way to Executive’s employment with the Company or the termination of that relationship, including disputes arising under the common law and/or any federal or state statutes, laws or regulationsparties, shall be submitted to mediation before a mutually agreeable mediator, which cost is to be borne equally by the partiesparties hereto. In the event the parties are unable to agree upon a mediator, the mediator shall be Xxxxxxxx Xxxxxxxx or such person as Xxxxxxxx Mediation Inc. designates. In the event mediation is unsuccessful in resolving the claim or controversy, such claim or controversy shall be resolved by arbitration as set forth in Paragraph 16 described below. The claims covered by this Agreement (“Arbitrable Claims”) include, but are not limited to, claims for wages or other compensation due; claims for breach of any contract (including this Agreement) or covenant (express or implied); tort claims; claims for discrimination (including, but not limited to, race, sex, religion, national origin, age, marital status, medical condition, or disability); claims for benefits (except where an employee Executive benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one); , and claims for violations violation of any federal, state, or other law, statute, regulation, or ordinance, except claims excluded in the following paragraph. The parties hereto hereby waive any rights they may have to trial by jury in regard to Arbitrable Claims if arbitration is selected as the method of dispute resolution pursuant to the terms of Paragraph 16 as set forth below. Claims. b. Claims Executive or the Company may have regarding Workersfor workers’ Compensation, compensation or unemployment compensation benefits, the non-solicitation and non-competition provisions of this Agreement, or the proprietary information provisions of this Agreement benefits are not covered by this Paragraph Agreement. Also not covered is either party’s right to obtain provisional remedies or interim relief from a court of competent jurisdiction for any claim or controversy arising out of or related to the unauthorized use, disclosure, or misappropriation of the confidential and/or proprietary information of either party. Notwithstanding anything in this Agreement to the contrary, however, should either party initiate litigation in any court as authorized by this section, the other party may assert any claims she or it may have as counterclaims or separate claims in such court and shall not be obligated to resolve them by mediation and/or arbitration. c. Except as provided in section 11.b, mediation and arbitration under this Agreement shall be the exclusive remedy for all Arbitrable Claims. The Company and mediation provisions Executive agree that arbitration shall be held in or near Multnomah County, Oregon or such location as the parties mutually agree upon, and shall be in accordance with the then current Employment Dispute Resolution Rules of Paragraph 16 the American Arbitration Association, before an arbitrator licensed to practice law in the State of Oregon or such other forum as the parties have agreed upon. The arbitrator shall have authority to award or grant legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties. The Federal Arbitration Act shall govern the interpretation and enforcement of this section pertaining to Alternative Dispute Resolution. The parties shall use their best efforts to agree upon an Arbitrator. If the parties are unable to agree upon an Arbitrator within 14 days of either party requesting arbitration of a dispute, Xxxxxxxx Xxxxxxxx or Xxxxxxxx Mediation Inc shall designate the Arbitrator. d. This Agreement as set forth belowto mediate and arbitrate survives termination of the Period of Employment.

Alternative Dispute Resolution. The Company and Executive mutually agree ------------------------------ that any controversy or claim arising out of or relating to this Agreement or the breach thereof, or any other dispute between the parties relating in any way to Executive’s 's employment with the Company or the termination of that relationship, including disputes arising under the common law and/or any federal or state statutes, laws or regulations, shall be submitted to mediation before a mutually agreeable mediator, which cost is to be borne equally by the parties. In the event mediation is unsuccessful in resolving the claim or controversy, such claim or controversy shall be resolved as set forth in Paragraph 16 belowexclusively by binding arbitration. The claims covered by this Agreement (“"Arbitrable Claims”") include, but are not limited to, claims for wages or other compensation due; claims for breach of any contract (including this Agreement) or covenant (express or implied); tort claims; claims for discrimination (including, but not limited to, race, sex, religion, national origin, age, marital status, medical condition, or disability); claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one); , and claims for violations violation of any federal, state, or other law, statute, regulation, or ordinance, except claims excluded in the following paragraph. The parties hereby waive any rights they may have to trial by jury in regard to Arbitrable Claims if arbitration is selected as the method of dispute resolution pursuant to the terms of Paragraph 16 as set forth belowClaims. Claims Executive or the Company may have regarding Workers’ Compensation, ' Compensation or unemployment compensation benefits, benefits and the non-solicitation and non-competition provisions of this Agreement, or the proprietary information noncompetition provisions of this Agreement are not covered by this Paragraph or the arbitration and mediation provisions of Paragraph 16 this Agreement. Claims Executive or the Company may have for violation of the proprietary information provisions of this Agreement as set forth belowwell as the terms and provisions of Exhibit A of this Agreement are not covered by the arbitration and mediation provisions of this Section 9 of this Agreement. Arbitration under this Agreement shall be the exclusive remedy for all Arbitrable Claims. The Company and Executive agree that arbitration shall be held in or near either Boulder or Denver, Colorado and shall be in accordance with the then-current Employment Dispute Resolution Rules of the American Arbitration Association, before an arbitrator licensed to practice law in Colorado. The arbitrator shall have authority to award or grant both legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties. The Federal Arbitration Act shall govern the interpretation and enforcement of this Section 9 pertaining to Alternative Dispute Resolution. This Agreement to mediate and arbitrate survives termination of Executive's employment.

Alternative Dispute Resolution. a. The Company and Executive mutually agree that any controversy or claim arising out of or relating to this Agreement or the breach thereof, or any other dispute between the parties relating in any way to Executive’s employment with the Company or the termination of that relationship, including disputes arising under the common law and/or any federal or state statutes, laws or regulationsparties, shall be submitted to mediation before a mutually agreeable mediator, which cost is to be borne equally by the partiesparties hereto. In the event the parties are unable to agree upon a mediator, the mediator shall be Xxxxxxxx Xxxxxxxx or such person as Xxxxxxxx Mediation Inc. designates. In the event mediation is unsuccessful in resolving the claim or controversy, such claim or controversy shall be resolved by arbitration as set forth in Paragraph 16 described below. The claims covered by this Agreement (“"Arbitrable Claims”") include, but are not ----------------- limited to, claims for wages or other compensation due; claims for breach of any contract (including this Agreement) or covenant (express or implied); tort claims; claims for discrimination (including, but not limited to, race, sex, religion, national origin, age, marital status, medical condition, or disability); claims for benefits (except where an employee Executive benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one); , and claims for violations violation of any federal, state, or other law, statute, regulation, or ordinance, except claims excluded in the following paragraph. The parties hereto hereby waive any rights they may have to trial by jury in regard to Arbitrable Claims if arbitration is selected as the method of dispute resolution pursuant to the terms of Paragraph 16 as set forth below. Claims. b. Claims Executive or the Company may have regarding Workers’ Compensation, for workers' compensation or unemployment compensation benefits, the non-solicitation and non-competition provisions of this Agreement, or the proprietary information provisions of this Agreement benefits are not covered by this Paragraph Agreement. Also not covered is either party's right to obtain provisional remedies or interim relief from a court of competent jurisdiction for any claim or controversy arising out of or related to the unauthorized use, disclosure, or misappropriation of the confidential and/or proprietary information of either party. Notwithstanding anything in this Agreement to the contrary, however, should either party initiate litigation in any court as authorized by this section, the other party may assert any claims he or it may have as counterclaims or separate claims in such court and shall not be obligated to resolve them by mediation and/or arbitration. c. Except as provided in Section 11.b, mediation and arbitration under this Agreement shall be the exclusive remedy for all Arbitrable Claims. The Company and mediation provisions Executive agree that arbitration shall be held in or near Multnomah County, Oregon, or such location as the parties mutually agree upon, and shall be in accordance with the then current Employment Dispute Resolution Rules of Paragraph 16 the American Arbitration Association, before an arbitrator licensed to practice law in the State of Oregon or such other forum as the parties have agreed upon. The arbitrator shall have authority to award or grant legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties. The Federal Arbitration Act shall govern the interpretation and enforcement of this section pertaining to Alternative Dispute Resolution. The parties shall use their best efforts to agree upon an Arbitrator. If the parties are unable to agree upon an Arbitrator within 14 days of either party requesting arbitration of a dispute, the Arbitrator shall be designated by Xxxxxxxx Xxxxxxxx or Xxxxxxxx Mediation Inc. d. This Agreement as set forth belowto mediate and arbitrate survives termination of the Period of Employment.

Alternative Dispute Resolution. a. The Company and Executive mutually agree that any controversy or claim arising out of or relating to this Agreement or the breach thereof, or any other dispute between the parties relating in any way to Executive’s employment with the Company or the termination of that relationship, including disputes arising under the common law and/or any federal or state statutes, laws or regulationsparties, shall be submitted to mediation before a mutually agreeable mediator, which cost is to be borne equally by the partiesparties hereto. In the event the parties are unable to agree upon a mediator, the mediator shall be Xxxxxxxx Xxxxxxxx or such person as Xxxxxxxx Mediation Inc. designates. In the event mediation is unsuccessful in resolving the claim or controversy, such claim or controversy shall be resolved by arbitration as set forth in Paragraph 16 described below. The claims covered by this Agreement (“Arbitrable Claims”) include, but are not limited to, claims for wages or other compensation due; claims for breach of any contract (including this Agreement) or covenant (express or implied); tort claims; claims for discrimination (including, but not limited to, race, sex, religion, national origin, age, marital status, medical condition, or disability); claims for benefits (except where an employee Executive benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one); , and claims for violations violation of any federal, state, or other law, statute, regulation, or ordinance, except claims excluded in the following paragraph. The parties hereto hereby waive any rights they may have to trial by jury in regard to Arbitrable Claims if arbitration is selected as the method of dispute resolution pursuant to the terms of Paragraph 16 as set forth below. Claims. b. Claims Executive or the Company may have regarding Workersfor workers’ Compensation, compensation or unemployment compensation benefits, the non-solicitation and non-competition provisions of this Agreement, or the proprietary information provisions of this Agreement benefits are not covered by this Paragraph Agreement. Also not covered is either party’s right to obtain provisional remedies or interim relief from a court of competent jurisdiction for any claim or controversy arising out of or related to the unauthorized use, disclosure, or misappropriation of the confidential and/or proprietary information of either party. Notwithstanding anything in this Agreement to the contrary, however, should either party initiate litigation in any court as authorized by this section, the other party may assert any claims he or it may have as counterclaims or separate claims in such court and shall not be obligated to resolve them by mediation and/or arbitration. c. Except as provided in section 11.b, mediation and arbitration under this Agreement shall be the exclusive remedy for all Arbitrable Claims. The Company and mediation provisions Executive agree that arbitration shall be held in or near Multnomah County, Oregon or such location as the parties mutually agree upon, and shall be in accordance with the then current Employment Dispute Resolution Rules of Paragraph 16 the American Arbitration Association, before an arbitrator licensed to practice law in the State of Oregon or such other forum as the parties have agreed upon. The arbitrator shall have authority to award or grant legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties. The Federal Arbitration Act shall govern the interpretation and enforcement of this section pertaining to Alternative Dispute Resolution. The parties shall use their best efforts to agree upon an Arbitrator. If the parties are unable to agree upon an Arbitrator within 14 days of either party requesting arbitration of a dispute, Xxxxxxxx Xxxxxxxx or Xxxxxxxx Mediation Inc shall designate the Arbitrator. d. This Agreement as set forth belowto mediate and arbitrate survives termination of the Period of Employment.

Alternative Dispute Resolution. (a) The Company and Executive mutually agree that any controversy or claim arising out of or relating to this Agreement or the breach thereof, or any other dispute between the parties relating in any way to Executive’s employment with the Company or the termination of that relationship, including disputes arising under the common law and/or any federal or state statutes, laws or regulationsparties, shall be submitted to mediation before a mutually agreeable mediator, which cost is to be borne equally by the partiesparties hereto. In the event the parties are unable to agree upon a mediator, the mediator shall be Xxxxxxxx Xxxxxxxx or such person as Xxxxxxxx Mediation Inc. designates. In the event mediation is unsuccessful in resolving the claim or controversy, such claim or controversy shall be resolved by arbitration as set forth in Paragraph 16 described below. The claims covered by this Agreement (“"Arbitrable Claims”") include, but are not limited to, claims for wages or other compensation due; claims for breach of any contract (including this Agreement) or covenant (express or implied); tort claims; claims for discrimination (including, but not limited to, race, sex, religion, national origin, age, marital status, medical condition, or disability); claims for benefits (except where an employee Executive benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one); , and claims for violations violation of any federal, state, or other law, statute, regulation, or ordinance, except claims excluded in the following paragraph. The parties hereto hereby waive any rights they may have to trial by jury in regard to Arbitrable Claims if arbitration is selected as the method of dispute resolution pursuant to the terms of Paragraph 16 as set forth below. Claims. (b) Claims Executive or the Company may have regarding Workers’ Compensation, for workers' compensation or unemployment compensation benefits, the non-solicitation and non-competition provisions of this Agreement, or the proprietary information provisions of this Agreement benefits are not covered by this Paragraph Agreement. Also not covered is either party's right to obtain provisional remedies or interim relief from a court of competent jurisdiction for any claim or controversy arising out of or related to the unauthorized use, disclosure, or misappropriation of the confidential and/or proprietary information of either party. Notwithstanding anything in this Agreement to the contrary, however, should either party initiate litigation in any court as authorized by this section, the other party may assert any claims he or it may have as counterclaims or separate claims in such court and shall not be obligated to resolve them by mediation and/or arbitration. (c) Except as provided in section 11.b, mediation and arbitration under this Agreement shall be the exclusive remedy for all Arbitrable Claims. The Company and mediation provisions Executive agree that arbitration shall be held in or near Multnomah County, Oregon or such location as the parties mutually agree upon, and shall be in accordance with the then current Employment Dispute Resolution Rules of Paragraph 16 the American Arbitration Association, before an arbitrator licensed to practice law in the State of Oregon or such other forum as the parties have agreed upon. The arbitrator shall have authority to award or grant legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties. The Federal Arbitration Act shall govern the interpretation and enforcement of this section pertaining to Alternative Dispute Resolution. The parties shall use their best efforts to agree upon an Arbitrator. If the parties are unable to agree upon an Arbitrator within 14 days of either party requesting arbitration of a dispute, the Arbitrator shall be designated by Xxxxxxxx Xxxxxxxx or Xxxxxxxx Mediation Inc. (d) This Agreement as set forth belowto mediate and arbitrate survives termination of the Period of Employment.

Alternative Dispute Resolution. The Company and Executive mutually agree that any controversy or claim arising out of or relating to this Agreement or the breach thereof, or any other dispute between the parties relating in any way to Executive’s 's employment with the Company or the termination of that relationship, including disputes arising under the common law and/or any federal or state statutes, laws or regulations, shall be submitted to mediation before a mutually agreeable mediator, which cost is to be borne equally by the parties. In the event mediation is unsuccessful in resolving the claim or controversy, such claim or controversy shall be resolved as set forth in Paragraph 16 belowexclusively by arbitration. The claims covered by this Agreement (“"Arbitrable Claims”") include, but are not limited to, claims for wages or other compensation due; claims for breach of any contract (including this Agreement) or covenant (express or implied); tort claims; claims for discrimination (including, but not limited to, race, sex, religion, national origin, age, marital status, medical condition, or disability); claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one); , and claims for violations violation of any federal, state, or other law, statute, regulation, or ordinance, except claims excluded in the following paragraph. The parties hereby waive any rights they may have to trial by jury in regard to Arbitrable Claims if arbitration is selected as the method of dispute resolution pursuant to the terms of Paragraph 16 as set forth belowClaims. Claims Executive or the Company may have regarding Workers’ Compensation, ' Compensation or unemployment compensation benefits, benefits and the non-solicitation and non-competition provisions of this Agreement, or the proprietary information noncompetition provisions of this Agreement are not covered by this Paragraph or the arbitration and mediation provisions of Paragraph 16 this Agreement. Claims Executive or the Company may have for violation of the proprietary information provisions of this Agreement as set forth belowwell as the terms and provisions of Exhibit A of this Agreement are not covered by the arbitration and mediation provisions of this Section 6 of this Agreement.