Common use of Arbitration; Attorneys’ Fees Clause in Contracts

Arbitration; Attorneys’ Fees. Except as provided in Section 6(e) and Section 10, any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Atlanta, Georgia by three arbitrators in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association in effect at the time of submission to arbitration. The provisions hereof are intended to supersede the Company’s “RCB Program”. Judgment may be entered on the arbitrators’ award in any court having jurisdiction. For purposes of entering any judgment upon an award rendered by the arbitrators, the Company and Executive hereby consent to the jurisdiction of any or all of the following courts: (a) the United States District Court of the Northern District of Georgia, (b) any of the courts of the State of Georgia in the greater Atlanta, Georgia area, or (c) any other court having jurisdiction. The Company and Executive further agree that any service of process or notice requirements in any such proceeding shall be satisfied if the rules of such court relating thereto have been substantially satisfied. The Company and Executive hereby waive, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to such jurisdiction and any defense of inconvenient forum. The Company and Executive hereby agree that a judgment upon an award rendered by the arbitrators may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Each party shall bear all of its own costs and expenses, including attorneys’ fees, incurred in connection with any dispute under this Agreement, including in connection with any arbitration proceeding pursuant to this Section 14; provided, however, that if Executive incurs legal fees in seeking to defend, obtain or to enforce any rights or benefits provided by this Agreement and is successful in such defense, obtainment or enforcement of any rights or benefits through settlement, arbitration or otherwise, the Company shall promptly pay Executive’s reasonable legal fees incurred in connection therewith.

Arbitration; Attorneys’ Fees. Except as provided in Section 6(e(a) and Section 10, The parties agree to use reasonable efforts to resolve any dispute or controversy arising under or out of this Agreement, but should a dispute remain unresolved ten (10) days following notice of the dispute to the other party (but in connection with this Agreement no event prior to said ten (10) days, except as specifically provided otherwise herein), such dispute shall be finally settled exclusively by binding arbitration in Atlanta, Georgia by three arbitrators in accordance with the National then current Commercial Arbitration Rules for the Resolution of Employment Disputes of the American Arbitration Association in effect at (the time of submission "AAA") or such other mediation or arbitration service as shall be mutually agreeable to arbitration. The provisions hereof are intended to supersede the Company’s “RCB Program”. Judgment parties, and judgment upon the award rendered by the arbitrator shall be final and binding on the parties and may be entered on the arbitrators’ award in any court having jurisdiction. For purposes of entering any judgment upon an award rendered by the arbitrators, the Company and Executive hereby consent to the jurisdiction of any or all of the following courts: (a) the United States District Court of the Northern District of Georgia, (b) any of the courts of the State of Georgia in the greater Atlanta, Georgia area, or (c) any other court having jurisdiction. The Company and Executive further agree that any service of process or notice requirements in any such proceeding shall be satisfied if the rules of such court relating thereto have been substantially satisfied. The Company and Executive hereby waive, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to such jurisdiction and any defense of inconvenient forum. The Company and Executive hereby agree that a judgment upon an award rendered by the arbitrators may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Each party shall bear all of its own costs and expenses, including attorneys’ fees, incurred in connection with any dispute under this Agreement, including in connection with any arbitration proceeding pursuant to this Section 14thereof; provided, however, that if Executive incurs legal fees any party shall be entitled to appeal a question of law or determination of law to a court of competent jurisdiction; and provided, further, however, that the parties may first seek appropriate injunctive relief prior to, and/or in seeking addition to defendpursuing negotiation or arbitration. Such arbitration shall be conducted by an arbitrator chosen by mutual agreement of the parties, obtain or failing such agreement, an arbitrator appointed by the AAA. There shall be limited discovery prior to enforce the arbitration hearing as follows: (a) exchange of witness lists and copies of documentary evidence and documents related to or arising out of the issues to be arbitrated, (b) depositions of all party witnesses, and (c) such other depositions as may be allowed by the arbitrator upon a showing of good cause. Depositions shall be conducted in accordance with the Georgia Code of Civil Procedure and questions of evidence in any rights hearings shall be resolved in accordance with the Federal Rules of Evidence. The arbitrator shall be required to provide in writing to the parties the basis for the award or benefits provided order of such arbitrator, and a court reporter shall record all hearings (unless otherwise agreed to by the parties), with such record constituting the official transcript of such proceedings. (b) In the event of arbitration or litigation filed or instituted between the parties with respect to this Agreement and is successful in such defense, obtainment or enforcement of any rights or benefits through settlement, arbitration or otherwisethe Related Agreements, the Company shall promptly pay Executive’s prevailing party will be entitled to receive from the other party all costs, damages and expenses, including reasonable legal fees attorney's fees, incurred by the prevailing party in connection therewithwith that action or proceeding whether or not the controversy is reduced to judgment or award. The prevailing party will be that party who may be fairly said by the arbitrator(s) or the court to have prevailed on the major disputed issues.

Arbitration; Attorneys’ Fees. Except as provided in Section 6(e7(e) and Section 1011, any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Atlanta, Georgia by three arbitrators in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association in effect at the time of submission to arbitration. The provisions hereof are intended to supersede the Company’s “RCB Program”. Judgment may be entered on the arbitrators’ award in any court having jurisdiction. For purposes of entering any judgment upon an award rendered by the arbitrators, the Company and Executive hereby consent to the jurisdiction of any or all of the following courts: (a) the United States District Court of the Northern District of Georgia, (b) any of the courts of the State of Georgia in the greater Atlanta, Georgia area, or (c) any other court having jurisdiction. The Company and Executive further agree that any service of process or notice requirements in any such proceeding shall be satisfied if the rules of such court relating thereto have been substantially satisfied. The Company and Executive hereby waive, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to such jurisdiction and any defense of inconvenient forum. The Company and Executive hereby agree that a judgment upon an award rendered by the arbitrators may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Each party shall bear all of its own costs and expenses, including attorneys’ fees, incurred in connection with any dispute under this Agreement, including in connection with any arbitration proceeding pursuant to this Section 1415; provided, however, that if Executive incurs legal fees in seeking to defend, obtain or to enforce any rights or benefits provided by this Agreement and is successful in such defense, obtainment obtaining or enforcement of enforcing any material rights or benefits through settlement, arbitration or otherwise, the Company shall promptly pay Executive’s reasonable legal fees incurred in connection therewithenforcing this Agreement.

Arbitration; Attorneys’ Fees. Except as provided in Section 6(e) and Section 10, any Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Atlanta, Georgia by three arbitrators in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association in effect at the time of submission to arbitration. The provisions hereof are intended to supersede the Company’s “RCB Program”. Judgment may be entered on the arbitrators’ award in any court having jurisdiction. For purposes of entering any judgment upon an award rendered by the arbitrators, the Company and Executive hereby consent to the jurisdiction of any or all of the following courts: (a) the United States District Court of the Northern District of Georgia, (b) any of the courts of the State of Georgia in the greater Atlanta, Georgia area, or (c) any other court having jurisdiction. The Company and Executive further agree that any service of process or notice requirements in any such proceeding shall be satisfied if the rules of such court relating thereto have been substantially satisfied. The Company and Executive hereby waive, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to such jurisdiction and any defense of inconvenient forum. The Company and Executive hereby agree that a judgment upon an award rendered by the arbitrators may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Each party shall bear all of its own costs and expenses, including attorneys’ fees, incurred in connection with any dispute under this Agreement, including in connection with any arbitration proceeding pursuant to this Section 1415; provided, however, that if Executive incurs legal fees is the prevailing party in seeking to defendconnection with such proceeding, obtain or to enforce any rights or benefits provided by this Agreement and is successful in such defense, obtainment or enforcement of any rights or benefits through settlement, arbitration or otherwise, then the Company shall promptly pay Executive’s reimburse Executive for reasonable legal attorneys’ fees incurred paid by Executive in connection therewithwith such proceeding.

Arbitration; Attorneys’ Fees. Except as provided in Section 6(e(a) and Section 10, The parties agree to use reasonable efforts to resolve any dispute or controversy arising under or out of this Agreement, but should a dispute remain unresolved ten (10) days following notice of the dispute to the other party (but in connection with this Agreement no event prior to said ten (10) days, except as specifically provided otherwise herein), such dispute shall be finally settled exclusively by binding arbitration in Atlanta, Georgia by three arbitrators in accordance with the National then current Commercial Arbitration Rules for the Resolution of Employment Disputes of the American Arbitration Association in effect at (the time of submission "AAA") or such other mediation or arbitration service as shall be mutually agreeable to arbitration. The provisions hereof are intended to supersede the Company’s “RCB Program”. Judgment parties, and judgment upon the award rendered by the arbitrator shall be final and binding on the parties and may be entered on the arbitrators’ award in any court having jurisdiction. For purposes of entering any judgment upon an award rendered by the arbitrators, the Company and Executive hereby consent to the jurisdiction of any or all of the following courts: (a) the United States District Court of the Northern District of Georgia, (b) any of the courts of the State of Georgia in the greater Atlanta, Georgia area, or (c) any other court having jurisdiction. The Company and Executive further agree that any service of process or notice requirements in any such proceeding shall be satisfied if the rules of such court relating thereto have been substantially satisfied. The Company and Executive hereby waive, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to such jurisdiction and any defense of inconvenient forum. The Company and Executive hereby agree that a judgment upon an award rendered by the arbitrators may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Each party shall bear all of its own costs and expenses, including attorneys’ fees, incurred in connection with any dispute under this Agreement, including in connection with any arbitration proceeding pursuant to this Section 14thereof; provided, however, that if Executive incurs legal fees any party shall be entitled to appeal a question of law or determination of law to a court of competent jurisdiction; and provided, further, however, that the parties may first seek appropriate injunctive relief prior to, and/or in seeking addition to defendpursuing negotiation or arbitration. Such arbitration shall be conducted by an arbitrator chosen by mutual agreement of the parties, obtain or failing such agreement, an arbitrator appointed by the AAA. There shall be limited discovery prior to enforce the arbitration hearing as (a) exchange of witness lists and copies of documentary evidence and documents related to or arising out of the issues to be arbitrated, (b) depositions of all party witnesses, and (c) such other depositions as may be allowed by the arbitrator upon a showing of good cause. Depositions shall be conducted in accordance with the Georgia Code of Civil Procedure and questions of evidence in any rights hearings shall be resolved in accordance with the Federal Rules of Evidence. The arbitrator shall be required to provide in writing to the parties the basis for the award or benefits provided order of such arbitrator, and a court reporter shall record all hearings (unless otherwise agreed to by the parties), with such record constituting the official transcript of such proceedings. (b) In the event of arbitration or litigation filed or instituted between the parties with respect to this Agreement and is successful in such defense, obtainment or enforcement of any rights or benefits through settlement, arbitration or otherwisethe Related Agreements, the Company shall promptly pay Executive’s prevailing party will be entitled to receive from the other party all costs, damages and expenses, including reasonable legal fees attorney's fees, incurred by the prevailing party in connection therewithwith that action or proceeding whether or not the controversy is reduced to judgment or award. The prevailing party will be that party who may be fairly said by the arbitrator(s) or the court to have prevailed on the major disputed issues.

Arbitration; Attorneys’ Fees. Except as provided in Section 6(e(a) and Section 10, The parties agree to use reasonable efforts to resolve any dispute or controversy arising under or out of this Agreement, but should a dispute remain unresolved ten (10) days following notice of the dispute to the other party (but in connection with this Agreement no event prior to said ten (10) days, except as specifically provided otherwise herein), such dispute shall be finally settled exclusively by binding arbitration in Atlanta, Georgia by three arbitrators in accordance with the National then current Commercial Arbitration Rules for the Resolution of Employment Disputes of the American Arbitration Association in effect at (the time of submission "AAA") or such other mediation or arbitration service as shall be mutually agreeable to arbitration. The provisions hereof are intended to supersede the Company’s “RCB Program”. Judgment parties, and judgment upon the award rendered by the arbitrator shall be final and binding on the parties and may be entered on the arbitrators’ award in any court having jurisdiction. For purposes of entering any judgment upon an award rendered by the arbitrators, the Company and Executive hereby consent to the jurisdiction of any or all of the following courts: (a) the United States District Court of the Northern District of Georgia, (b) any of the courts of the State of Georgia in the greater Atlanta, Georgia area, or (c) any other court having jurisdiction. The Company and Executive further agree that any service of process or notice requirements in any such proceeding shall be satisfied if the rules of such court relating thereto have been substantially satisfied. The Company and Executive hereby waive, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to such jurisdiction and any defense of inconvenient forum. The Company and Executive hereby agree that a judgment upon an award rendered by the arbitrators may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Each party shall bear all of its own costs and expenses, including attorneys’ fees, incurred in connection with any dispute under this Agreement, including in connection with any arbitration proceeding pursuant to this Section 14thereof; provided, however, that if Executive incurs legal fees any party shall be entitled to appeal a question of law or determination of law to a court of competent jurisdiction; and provided, further, however, that the parties may first seek appropriate injunctive relief prior to, and/or in seeking addition to defendpursuing negotiation or arbitration. Such arbitration shall be conducted by an arbitrator chosen by mutual agreement of the parties, obtain or failing such agreement, an arbitrator appointed by the AAA. There shall be limited discovery prior to enforce any rights the arbitration hearing as follows: (a) exchange of witness lists and copies of documentary evidence and documents related to or benefits provided arising out of the issues to be arbitrated, (b) depositions of all party witnesses, and (c) such other depositions as may be allowed by this Agreement the arbitrator upon a showing of good cause. Depositions shall be conducted in accordance with the Georgia Code of Civil Procedure and is successful questions of evidence in all hearings shall be resolved in accordance with the Federal Rules of Evidence. The arbitrator shall be required to provide in writing to the parties the basis for the award or order of such defensearbitrator, obtainment or enforcement and a court reporter shall record all hearings (unless otherwise agreed to by the parties), with such record constituting the official transcript of any rights or benefits through settlement, such proceedings. (b) In the event of arbitration or otherwiselitigation filed or instituted between the parties with respect to this Agreement, the Company shall promptly pay Executive’s prevailing party will be entitled to receive from the other party all costs, damages and expenses, including reasonable legal fees attorney's fees, incurred by the prevailing party in connection therewithwith that action or proceeding whether or not the controversy is reduced to judgment or award. The prevailing party will be that party who may be fairly said by the arbitrator(s) or the court to have prevailed on the major disputed issues.

Arbitration; Attorneys’ Fees. Except as specifically provided in Section 6(e) and Section 10herein, any controversy or dispute or controversy arising under or in connection with out of this Agreement shall be finally settled exclusively by arbitration in AtlantaLos Angeles, Georgia by three arbitrators California, in accordance with the National then-current Commercial Arbitration Rules for the Resolution of Employment Disputes of the American Arbitration Association (the “AAA”) then in effect at (the time of submission to arbitration. The provisions hereof are intended to supersede the Company’s “RCB ProgramRules”. Judgment may be entered on the arbitrators’ award in any court having jurisdiction. For purposes of entering any ), and judgment upon an the award rendered by the arbitrators, the Company and Executive hereby consent to the jurisdiction of any or all of the following courts: (a) the United States District Court of the Northern District of Georgia, (b) any of the courts of the State of Georgia in the greater Atlanta, Georgia area, or (c) any other court having jurisdiction. The Company and Executive further agree that any service of process or notice requirements arbitrator may be entered in any such proceeding shall be satisfied if the rules court of such court relating thereto have been substantially satisfied. The Company and Executive hereby waive, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to such jurisdiction and any defense of inconvenient forum. The Company and Executive hereby agree that a judgment upon an award rendered by the arbitrators may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Each party shall bear all of its own costs and expenses, including attorneys’ fees, incurred in connection with any dispute under this Agreement, including in connection with any arbitration proceeding pursuant to this Section 14competent jurisdiction; provided, however, that if Executive incurs legal fees any party shall be entitled to appeal a question of law or determination of law to a court of competent jurisdiction. Such arbitration shall be conducted by an arbitrator chosen by mutual agreement of the parties, or failing such agreement, an arbitrator appointed by the AAA. There shall be limited discovery prior to the arbitration hearing (the “Hearing”) as follows: (a) exchange of witness lists and copies of documentary evidence and documents related to or arising out of the issues to be arbitrated, (b) depositions of all party witnesses, and (c) such other depositions as may be allowed by the arbitrator upon a showing of good cause. Depositions shall be conducted in seeking to defend, obtain or to enforce any rights or benefits provided by this Agreement and is successful in such defense, obtainment or enforcement accordance with the laws of any rights or benefits through settlement, arbitration or otherwisethe State of California, the Company arbitrator shall promptly pay Executive’s reasonable legal fees incurred be required to provide in writing to the parties the basis for the award or order of such arbitrator, and a court reporter shall record all hearings, with such record constituting the official transcript of such proceedings. Notwithstanding the amount in controversy, the Expedited Procedures as set forth in the Rules shall apply. The arbitration proceeding shall be conducted in confidence and no party thereto shall disclose to any other person any matters disclosed at or in connection therewithwith the hearing unless required to do so by law or pursuant to a court order.

Arbitration; Attorneys’ Fees. Except as provided in Section 6(e(a) and Section 10, The parties agree to use reasonable efforts to resolve any dispute or controversy arising under or out of this Agreement, but should a dispute remain unresolved ten (10) days following notice of the dispute to the other party (but in connection with this Agreement no event prior to said ten (10) days, except as specifically provided otherwise herein), such dispute shall be finally settled exclusively by binding arbitration in Atlanta, Georgia if the dispute is brought by three arbitrators Seller or in Anaheim, California if the dispute is brought by Purchaser or Tekgraf, in accordance with the National then current Commercial Arbitration Rules for the Resolution of Employment Disputes of the American Arbitration Association in effect at (the time of submission "AAA") or such other mediation or arbitration service as shall be mutually agreeable to arbitration. The provisions hereof are intended to supersede the Company’s “RCB Program”. Judgment parties, and judgment upon the award rendered by the arbitrator shall be final and binding on the parties and may be entered on the arbitrators’ award in any court having jurisdiction. For purposes of entering any judgment upon an award rendered by the arbitrators, the Company and Executive hereby consent to the jurisdiction of any or all of the following courts: (a) the United States District Court of the Northern District of Georgia, (b) any of the courts of the State of Georgia in the greater Atlanta, Georgia area, or (c) any other court having jurisdiction. The Company and Executive further agree that any service of process or notice requirements in any such proceeding shall be satisfied if the rules of such court relating thereto have been substantially satisfied. The Company and Executive hereby waive, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to such jurisdiction and any defense of inconvenient forum. The Company and Executive hereby agree that a judgment upon an award rendered by the arbitrators may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Each party shall bear all of its own costs and expenses, including attorneys’ fees, incurred in connection with any dispute under this Agreement, including in connection with any arbitration proceeding pursuant to this Section 14thereof; provided, however, that if Executive incurs legal fees any party shall be entitled to appeal a question of law or determination of law to a court of competent jurisdiction; and provided, further, however, that the parties may first seek appropriate injunctive relief prior to, and/or in seeking addition to defendpursuing negotiation or arbitration. Such arbitration shall be conducted by an arbitrator chosen by mutual agreement of the parties, obtain or failing such agreement, an arbitrator appointed by the AAA. There shall be limited discovery prior to enforce the arbitration hearing as follows: (a) exchange of witness lists and copies of documentary evidence and documents related to or arising out of the issues to be arbitrated, (b) depositions of all party witnesses, and (c) such other depositions as may be allowed by the arbitrator upon a showing of good cause. Depositions shall be conducted in accordance with the Georgia Code of Civil Procedure or the California Code of Civil Procedure (depending on the forum for such arbitration) and questions of evidence in any rights hearings shall be resolved in accordance with the Federal Rules of Evidence. The arbitrator shall be required to provide in writing to the parties the basis for the award or benefits provided order of such arbitrator, and a court reporter shall record all hearings (unless otherwise agreed to by this Agreement and is successful in the parties), with such defense, obtainment or enforcement record constituting the official transcript of any rights or benefits through settlement, such proceedings. (b) In the event of arbitration or otherwiselitigation filed or instituted between the parties with respect to this Agreement, the Company shall promptly pay Executive’s prevailing party will be entitled to receive from the other party all costs, damages and expenses, including reasonable legal fees attorney's fees, incurred by the prevailing party in connection therewithwith that action or proceeding whether or not the controversy is reduced to judgment or award. The prevailing party will be that party who may be fairly said by the arbitrator(s) or the court to have prevailed on the major disputed issues.

Arbitration; Attorneys’ Fees. Except as provided in Section 6(e(a) and Section 10Any controversy between the parties hereto involving the construction or application of any terms, any dispute covenants or controversy arising under or in connection with conditions of this Agreement shall or the Escrow Agreement, or any claims arising out of or relating to this Agreement or the Escrow Agreement or the breach thereof will be settled exclusively by arbitration in AtlantaNew York, Georgia by three arbitrators New York, in accordance with the National then current Commercial Arbitration Rules for the Resolution of Employment Disputes of the American Arbitration Association in effect at (the time of submission to arbitration. The provisions hereof are intended to supersede the Company’s “RCB Program”. Judgment may be entered on the arbitrators’ award in any court having jurisdiction. For purposes of entering any "AAA"), and judgment upon an award rendered by the arbitrators, the Company and Executive hereby consent to the jurisdiction of any or all of the following courts: (a) the United States District Court of the Northern District of Georgia, (b) any of the courts of the State of Georgia in the greater Atlanta, Georgia area, or (c) any other court having jurisdiction. The Company and Executive further agree that any service of process or notice requirements in any such proceeding shall be satisfied if the rules of such court relating thereto have been substantially satisfied. The Company and Executive hereby waive, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to such jurisdiction and any defense of inconvenient forum. The Company and Executive hereby agree that a judgment upon an award rendered by the arbitrators may be enforced in other jurisdictions by suit on the judgment or entered in any court having jurisdiction thereof. Such arbitration shall be conducted by three (3) arbitrators chosen by mutual agreement of the parties hereto, or failing such agreement, an arbitrator appointed by the AAA. There shall be limited discovery prior to the arbitration hearing as follows: (a) exchange of witness lists and copies of documentary evidence and documents related to or arising out of the issues to be arbitrated, (b) depositions of all party witnesses, and (c) such other manner provided depositions as may be allowed by lawthe arbitrators upon a showing of good cause. Each Depositions shall be conducted in accordance with the New York Code of Civil Procedure, the arbitrator(s) shall be required to provide in writing to the parties the basis for the award or order of such arbitrator(s), and a court reporter shall record all hearings, with such record constituting the official transcript of such proceedings. (b) In the event of arbitration filed or instituted between the parties with respect to this Agreement or the Escrow Agreement, the prevailing party shall bear will be entitled to receive from the other party all of its own costs costs, damages and expenses, including attorneys’ reasonable attorney's fees, incurred by the prevailing party in connection with any dispute under this Agreement, including in connection with any arbitration that action or proceeding pursuant whether or not the controversy is reduced to this Section 14; provided, however, judgment or award. The prevailing party will be that if Executive incurs legal fees in seeking party who may be fairly said by the arbitrator(s) to defend, obtain or to enforce any rights or benefits provided by this Agreement and is successful in such defense, obtainment or enforcement of any rights or benefits through settlement, arbitration or otherwise, have prevailed on the Company shall promptly pay Executive’s reasonable legal fees incurred in connection therewithmajor disputed issues.

Arbitration; Attorneys’ Fees. Except as provided in Section 6(e(a) and Section 10, The parties agree to use reasonable efforts to resolve any dispute or controversy arising under or out of this Agreement, but should a dispute remain unresolved ten (10) days following notice of the dispute to the other party (but in connection with this Agreement no event prior to said ten (10) days, except as specifically provided otherwise herein), such dispute shall be finally settled exclusively by binding arbitration in Atlanta, Georgia by three arbitrators in accordance with the National then current Commercial Arbitration Rules for the Resolution of Employment Disputes of the American Arbitration Association in effect at (the time of submission "AAA") or such other mediation or arbitration service as shall be mutually agreeable to arbitration. The provisions hereof are intended to supersede the Company’s “RCB Program”. Judgment parties, and judgment upon the award rendered by the arbitrator shall be final and binding on the parties and may be entered on the arbitrators’ award in any court having jurisdiction. For purposes of entering any judgment upon an award rendered by the arbitrators, the Company and Executive hereby consent to the jurisdiction of any or all of the following courts: (a) the United States District Court of the Northern District of Georgia, (b) any of the courts of the State of Georgia in the greater Atlanta, Georgia area, or (c) any other court having jurisdiction. The Company and Executive further agree that any service of process or notice requirements in any such proceeding shall be satisfied if the rules of such court relating thereto have been substantially satisfied. The Company and Executive hereby waive, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to such jurisdiction and any defense of inconvenient forum. The Company and Executive hereby agree that a judgment upon an award rendered by the arbitrators may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Each party shall bear all of its own costs and expenses, including attorneys’ fees, incurred in connection with any dispute under this Agreement, including in connection with any arbitration proceeding pursuant to this Section 14thereof; provided, however, that if Executive incurs legal fees any party shall be entitled to appeal a question of law or determination of law to a court of competent jurisdiction; and provided, further, however, that the parties may first seek appropriate injunctive relief prior to, and/or in seeking addition to defendpursuing negotiation or arbitration. Such arbitration shall be conducted by an arbitrator chosen by mutual agreement of the parties, obtain or failing such agreement, an arbitrator appointed by the AAA. There shall be limited discovery prior to enforce the arbitration hearing as follows: (i) exchange of witness lists and copies of documentary evidence and documents related to or arising out of the issues to be arbitrated, (ii) depositions of all party witnesses, and (iii) such other depositions as may be allowed by the arbitrator upon a showing of good cause. Depositions shall be conducted in accordance with the Georgia Code of Civil Procedure and questions of evidence in any rights hearings shall be resolved in accordance with the Federal Rules of Evidence. The arbitrator shall be required to provide in writing to the parties the basis for the award or benefits provided order of such arbitrator, and a court reporter shall record all hearings (unless otherwise agreed to by this Agreement and is successful in the parties), with such defense, obtainment or enforcement record constituting the official transcript of any rights or benefits through settlement, such proceedings. (b) In the event of arbitration or otherwiselitigation filed or instituted between the parties with respect to this Agreement, the Company shall promptly pay Executive’s prevailing party will be entitled to receive from the other party all costs, damages and expenses, including reasonable legal fees attorneys' fees, incurred by the prevailing party in connection therewithwith that action or proceeding whether or not the controversy is reduced to judgment or award. The prevailing party will be that party who may be fairly said by the arbitrator(s) or the court to have prevailed on the major disputed issues.

Arbitration; Attorneys’ Fees. Except as provided in Section 6(e(a) and Section 10Any controversy between the parties hereto involving the construction or application of any terms, any dispute covenants or controversy arising under or in connection with conditions of this Agreement shall or the Escrow Agreement, or any claims arising out of or relating to this Agreement or the Escrow Agreement or the breach thereof will be settled exclusively by arbitration in AtlantaFairfax, Georgia by three arbitrators Virginia, in accordance with the National then current Commercial Arbitration Rules for the Resolution of Employment Disputes of the American Arbitration Association in effect at (the time of submission to arbitration. The provisions hereof are intended to supersede the Company’s “RCB Program”. Judgment may be entered on the arbitrators’ award in any court having jurisdiction. For purposes of entering any "AAA"), and judgment upon an award rendered by the arbitrators, the Company and Executive hereby consent to the jurisdiction of any or all of the following courts: (a) the United States District Court of the Northern District of Georgia, (b) any of the courts of the State of Georgia in the greater Atlanta, Georgia area, or (c) any other court having jurisdiction. The Company and Executive further agree that any service of process or notice requirements in any such proceeding shall be satisfied if the rules of such court relating thereto have been substantially satisfied. The Company and Executive hereby waive, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to such jurisdiction and any defense of inconvenient forum. The Company and Executive hereby agree that a judgment upon an award rendered by the arbitrators may be enforced in other jurisdictions by suit on the judgment or entered in any court having jurisdiction thereof. Such arbitration shall be conducted by three (3) arbitrators chosen by mutual agreement of the parties hereto, or failing such agreement, an arbitrator appointed by the AAA. There shall be limited discovery prior to the arbitration hearing as follows: (a) exchange of witness lists and copies of documentary evidence and documents related to or arising out of the issues to be arbitrated, (b) depositions of all party witnesses, and (c) such other manner provided depositions as may be allowed by lawthe arbitrators upon a showing of good cause. Each Depositions shall be conducted in accordance with the Virginia Code of Civil Procedure, the arbitrator(s) shall be required to provide in writing to the parties the basis for the award or order of such arbitrator(s), and a court reporter shall record all hearings, with such record constituting the official transcript of such proceedings. (b) In the event of arbitration filed or instituted between the parties with respect to this Agreement or the Escrow Agreement, the prevailing party shall bear will be entitled to receive from the other party all of its own costs costs, damages and expenses, including attorneys’ reasonable attorney's fees, incurred by the prevailing party in connection with any dispute under this Agreement, including in connection that action or proceeding whether or not the controversy is reduced to judgment or award. The prevailing party will be that party who may be fairly said by the arbitrator(s) to have prevailed on the major disputed issues. Attorneys' fees of the prevailing party for purposes hereof will be limited to the attorneys' fees of the non-prevailing party with any arbitration proceeding pursuant respect to this Section 14; provided, however, that if Executive incurs legal fees in seeking to defend, obtain or to enforce any rights or benefits provided by this Agreement and is successful in such defense, obtainment or enforcement of any rights or benefits through settlement, arbitration or otherwise, the Company shall promptly pay Executive’s reasonable legal fees incurred in connection therewitharbitration.

Arbitration; Attorneys’ Fees. Except as provided in Section 6(e(a) and Section 10Any controversy between the parties hereto involving the construction or application of any terms, any dispute covenants or controversy arising under or in connection with conditions of this Agreement shall or the Escrow Agreement, or any claims arising out of or relating to this Agreement or the Escrow Agreement or the breach thereof will be settled exclusively by arbitration in AtlantaSanta Xxxxx County, Georgia by three arbitrators California, in accordance with the National then current Commercial Arbitration Rules for the Resolution of Employment Disputes of the American Arbitration Association in effect at (the time of submission to arbitration. The provisions hereof are intended to supersede the Company’s “RCB Program”. Judgment may be entered on the arbitrators’ award in any court having jurisdiction. For purposes of entering any "AAA"), and judgment upon an award rendered by the arbitrators, the Company and Executive hereby consent to the jurisdiction of any or all of the following courts: (a) the United States District Court of the Northern District of Georgia, (b) any of the courts of the State of Georgia in the greater Atlanta, Georgia area, or (c) any other court having jurisdiction. The Company and Executive further agree that any service of process or notice requirements in any such proceeding shall be satisfied if the rules of such court relating thereto have been substantially satisfied. The Company and Executive hereby waive, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to such jurisdiction and any defense of inconvenient forum. The Company and Executive hereby agree that a judgment upon an award rendered by the arbitrators may be enforced in other jurisdictions by suit on the judgment or entered in any court having jurisdiction thereof. Such arbitration shall be conducted by three (3) arbitrators chosen by mutual agreement of the parties hereto, or failing such agreement, an arbitrator appointed by the AAA. There shall be limited discovery prior to the arbitration hearing as follows: (a) exchange of witness lists and copies of documentary evidence and documents related to or arising out of the issues to be arbitrated, (b) depositions of all party witnesses, and (c) such other manner provided depositions as may be allowed by lawthe arbitrators upon a showing of good cause. Each Depositions shall be conducted in accordance with the California Code of Civil Procedure, the arbitrator(s) shall be required to provide in writing to the parties the basis for the award or order of such arbitrator(s), and a court reporter shall record all hearings, with such record constituting the official transcript of such proceedings. (b) In the event of arbitration filed or instituted between the parties with respect to this Agreement or the Escrow Agreement, the prevailing party shall bear will be entitled to receive from the other party all of its own costs costs, damages and expenses, including attorneys’ reasonable attorney's fees, incurred by the prevailing party in connection with any dispute under this Agreement, including in connection with any arbitration that action or proceeding pursuant whether or not the controversy is reduced to this Section 14; provided, however, judgment or award. The prevailing party will be that if Executive incurs legal fees in seeking party who may be fairly said by the arbitrator(s) to defend, obtain or to enforce any rights or benefits provided by this Agreement and is successful in such defense, obtainment or enforcement of any rights or benefits through settlement, arbitration or otherwise, have prevailed on the Company shall promptly pay Executive’s reasonable legal fees incurred in connection therewithmajor disputed issues.