Common use of Arbitration Dispute Resolution Etc Clause in Contracts

Arbitration Dispute Resolution Etc. Unless otherwise provided herein, in the event that there shall be a dispute (a "DISPUTE") among the parties arising out of or relating to this Agreement, or the breach thereof, the parties agree that such dispute shall be resolved by final and binding arbitration before a single arbitrator in San Diego County, California, administered by the American Arbitration Association (the "AAA"), in accordance with AAA's Employment ADR Rules. The arbitrator's decision shall be final and binding upon the parties, and may be entered and enforced in any court of competent jurisdiction by either of the parties. The arbitrator shall have the power to grant temporary, preliminary and permanent relief, including without limitation, injunctive relief and specific performance. The Company will pay the direct costs and expenses of the arbitration. You and the Company are responsible for your respective attorneys' fees incurred in connection with enforcing this Agreement; however, you and the Company agree that, except as may be prohibited by law, the arbitrator may, in his or her discretion, award reasonable attorneys' fees to the prevailing party. If this letter sets forth our agreement on the subject matter hereof, kindly sign and return to the Company the enclosed copy of this letter, which shall then constitute our agreement on this subject. Sincerely, WEBSIDESTORY, INC. By: ______________________________ Name: Xxxxxxx X. Xxxxxxxx Its: President and Chief Executive Officer Agreed and Accepted, this ______ day of ______, 2004. _______________________________ [Name of Executive] SCHEDULE A Xxxxxxxxxxx Xxxx Xxxx Xxxxxxxx Xxx Xxx Baalen Xxxxxxx X. Xxxxxxxxx Xxxxxx Xxxxxx Xxxxx Xxxxx Xxxx Xxxxx Xxxx XxXxxx Xxxxxx Xxxxxxxx Xxxx Xxxx Xxxxx Xxxxxx Xxxxxxxx Xxxxx

Arbitration Dispute Resolution Etc. Unless otherwise provided herein, in the event that there shall be a dispute (a "DISPUTEDispute") among the parties arising out of or relating to this Agreement, or the breach thereof, the parties agree that such dispute shall be resolved by final and binding arbitration before a single arbitrator in San Diego County, California, administered by the American Arbitration Association (the "AAA"), in accordance with AAA's Employment ADR Rules. The arbitrator's decision shall be final and binding upon the parties, and may be entered and enforced in any court of competent jurisdiction by either of the parties. The arbitrator shall have the power to grant temporary, preliminary and permanent relief, including without limitation, injunctive relief and specific performance. The Company will pay the direct costs and expenses of the arbitration. You and the Company are responsible for your respective attorneys' fees incurred in connection with enforcing this Agreement; however, you and the Company agree that, except as may be prohibited by law, the arbitrator may, in his or her discretion, award reasonable attorneys' fees to the prevailing party. If this letter sets forth our agreement on the subject matter hereof, kindly sign and return to the Company the enclosed copy of this letter, which shall then constitute our agreement on this subject. Sincerely, WEBSIDESTORY, INC. By: /s/ Xxxx Xxxxxxxx _______________________________________ Name: Xxxxxxx X. Xxxx Xxxxxxxx Its: President and Chief Executive Officer Agreed and Accepted, this 21st day of July , 2004. ______ day of ______, 2004. _ /s/ Xxx Xxxxxxxxxx _______________________________ [Name of Executive] SCHEDULE A Xxxxxxxxxxx Xxxx Xxxx Xxxxxxxx Xxx Xxx Baalen Xxxxxxx X. Xxxxxxxxx Xxxxxx Xxxxxx Xxxxx Xxxxx Xxxx Xxxxx Xxxx XxXxxx Xxxxxx Xxxxxxxx Xxxx Xxxx Xxxxx Xxxxxx Xxxxxxxx XxxxxXxxxxxxxxx

Arbitration Dispute Resolution Etc. Unless otherwise provided herein, in the event that there shall be a dispute (a "DISPUTE"“Dispute”) among the parties arising out of or relating to this Agreement, or the breach thereof, the parties agree that such dispute shall be resolved by final and binding arbitration before a single arbitrator in San Diego County, California, administered by the American Arbitration Association (the "“AAA"”), in accordance with AAA's ’s Employment ADR Rules. The arbitrator's ’s decision shall be final and binding upon the parties, and may be entered and enforced in any court of competent jurisdiction by either of the parties. The arbitrator shall have the power to grant temporary, preliminary and permanent relief, including without limitation, injunctive relief and specific performance. The Company will pay the direct costs and expenses of the arbitration. You and the Company are responsible for your respective attorneys' ’ fees incurred in connection with enforcing this Agreement; however, you and the Company agree that, except as may be prohibited by law, the arbitrator may, in his or her discretion, award reasonable attorneys' ’ fees to the prevailing party. If this letter sets forth our agreement on the subject matter hereof, kindly sign and return to the Company the enclosed copy of this letter, which shall then constitute our agreement on this subject. Sincerely, WEBSIDESTORY, INC. By: ______________________________ /s/ Jxxx Xxxxxxxx Name: Xxxxxxx X. Jxxx Xxxxxxxx Its: President and Chief Executive Officer Agreed and Accepted, this ______ 18th day of ______January, 2004. _______________________________ [Name of Executive] SCHEDULE A Xxxxxxxxxxx 2006 /s/ Cxxxxx Xxxx Xxxx Xxxxxxxx Xxx Xxx Baalen Xxxxxxx X. Xxxxxxxxx Xxxxxx Xxxxxx Xxxxx Xxxxx Xxxx Xxxxx Xxxx XxXxxx Xxxxxx Xxxxxxxx Xxxx Xxxx Xxxxx Xxxxxx Xxxxxxxx XxxxxCxxxxx Xxxx