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.
Appears in 3 contracts
Samples: Change in Control Agreement (Websidestory Inc), Change in Control Agreement (Websidestory Inc), Change in Control Agreement (Websidestory Inc)
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.
Appears in 2 contracts
Samples: Change in Control Agreement (Websidestory Inc), Change in Control Agreement (Websidestory Inc)
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.
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