Common use of Arbitration; Jurisdiction Clause in Contracts

Arbitration; Jurisdiction. (i) Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Orange County, California by a panel of three neutral arbitrators in accordance with the rules of the American Arbitration Association in effect at the time of submission to arbitration, including those rules that permit discovery of facts and documents. The Parties understand that they will be entitled to the same remedies in arbitration as they would in a court of law, and further agree that, in the course of any arbitration pursuant to this Agreement, they (i) will permit adequate discovery, (ii) will request that a written award be issued by the panel, (iii) are entitled to receive in the arbitration any and all relief they would be entitled to receive in a court proceeding and (iv) agree that the Executive will not be required to pay any of the arbitration fees or costs. The Parties knowingly and voluntarily agree to this arbitration clause. (ii) The Parties’ agreement to arbitrate disputes includes, but is not limited to, any claims of unlawful discrimination and/or unlawful harassment under Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, as amended, the Americans with Disabilities Act, or any other federal, state or local law relating to discrimination in employment as well as any claims relating to wage and hour claims and any other statutory or common law claims. (iii) The Parties agree that, except as otherwise provided by this Section 17, arbitration shall be the exclusive forum for resolving all disputes arising out of or relating to employment with the Company or the termination of that employment. (iv) The cost of any arbitration pursuant to this Section 17(g) shall be paid for by the Company, with each Party bearing its own attorneys’ fees, provided that in connection with any claims for which a prevailing party is entitled to recover attorneys’ fees pursuant to statute, the arbitration panel shall have the authority to award such fees. The Company and the Executive hereby agree that a judgment upon an award rendered by the arbitrators may be entered in any court having jurisdiction by suit on the judgment or in any other manner provided by law. (v) Notwithstanding any other provision of this Agreement, the Company shall be entitled to commence an action in any court of competent jurisdiction to enforce Sections 6, 7, 8, 9, 10 or 11 in part or in their entirety. For purposes of entering such judgment or seeking enforcement of Sections 6, 7, 8, 9, 10 or 11 or entering judgment on the arbitrator’s award, each Party hereto acknowledges that he, she or it has entered into this Agreement in the County of Orange, California and hereby irrevocably submits to the co-exclusive jurisdiction of the Orange County office of the American Arbitration Association, the Orange County Superior Court and the United States District Court for the Central District of California for the purpose of any suit, action, proceeding or judgment relating to or arising out of this Agreement and the transactions contemplated hereby. Service of process in connection with any such suit, action or proceeding may be served on each party hereto anywhere in the world by the same methods as are specified for the giving of notices under this Agreement. Each Party hereto irrevocably consents to the jurisdiction of any such court in any such suit, action or proceeding. Each Party hereto irrevocably waives any objection to the laying of any venue of any such suit, action or proceeding brought in such courts and irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

Arbitration; Jurisdiction. (i) Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Orange County, California by a panel of three neutral arbitrators in accordance with the rules of the American Arbitration Association in effect at the time of submission to arbitration, including those rules that permit discovery of facts and documents. The Parties understand that they will be entitled to the same remedies in arbitration as they would in a court of law, and further agree that, in the course of any arbitration pursuant to this Agreement, they (i) will permit adequate discovery, (ii) will request that a written award be issued by the panel, (iii) are entitled to receive in the arbitration any and all relief they would be entitled to receive in a court proceeding and (iv) agree that the Executive will not be required to pay any of the arbitration fees or costs. The Parties knowingly and voluntarily agree to this arbitration clause. (ii) The Parties’ agreement to arbitrate disputes includes, but is not limited to, any claims of unlawful discrimination and/or unlawful harassment under Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, as amended, the Americans with Disabilities Act, or any other federal, state or local law relating to discrimination in employment as well as any claims relating to wage and hour claims and any other statutory or common law claims. (iii) The Parties agree that, except as otherwise provided by this Section 17, arbitration shall be the exclusive forum for resolving all disputes arising out of or relating to employment with the Company or the termination of that employment. (iv) The cost of any arbitration pursuant to this Section 17(g) shall be paid for by the Company, with each Party bearing its own attorneys’ fees, provided that in connection with any claims for which a prevailing party is entitled to recover attorneys’ fees pursuant to statute, the arbitration panel shall have the authority to award such fees. The Company and the Executive hereby agree that a judgment upon an award rendered by the arbitrators may be entered in any court having jurisdiction by suit on the judgment or in any other manner provided by law. (v) Notwithstanding any other provision of this Agreement, the Company shall be entitled to commence an action in any court of competent jurisdiction to enforce Sections 6, 7, 8, 9, 10 or 11 12 in part or in their entirety. For purposes of entering such judgment or seeking enforcement of Sections 6, 7, 8, 9, 10 or 11 12 or entering judgment on the arbitrator’s award, each Party hereto acknowledges that he, she or it has entered into this Agreement in the County of Orange, California and hereby irrevocably submits to the co-exclusive jurisdiction of the Orange County office of the American Arbitration Association, the Orange County Superior Court and the United States District Court for the Central District of California for the purpose of any suit, action, proceeding or judgment relating to or arising out of this Agreement and the transactions contemplated hereby. Service of process in connection with any such suit, action or proceeding may be served on each party hereto anywhere in the world by the same methods as are specified for the giving of notices under this Agreement. Each Party hereto irrevocably consents to the jurisdiction of any such court in any such suit, action or proceeding. Each Party hereto irrevocably waives any objection to the laying of any venue of any such suit, action or proceeding brought in such courts and irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

Arbitration; Jurisdiction. (i) Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Orange CountyNewport Beach, California by a panel of three neutral arbitrators in accordance with the rules of the American Arbitration Association in effect at the time of submission to arbitration; provided, including those rules however, that permit discovery of facts and documents. The Parties understand that they will be entitled to the same remedies in arbitration as they would in a court of law, and further agree that, in the course of any arbitration pursuant to this Agreement, they (i) will permit adequate discovery, (ii) will request that a written award be issued by the panel, (iii) are entitled to receive in the arbitration any and all relief they would be entitled to receive in a court proceeding and (iv) agree that the Executive will not be required to pay any of the arbitration fees or costs. The Parties knowingly and voluntarily agree to this arbitration clause. (ii) The Parties’ agreement to arbitrate disputes includes, but is not limited to, any claims of unlawful discrimination and/or unlawful harassment under Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, as amended, the Americans with Disabilities Act, or any other federal, state or local law relating to discrimination in employment as well as any claims relating to wage and hour claims and any other statutory or common law claims. (iii) The Parties agree that, except as otherwise provided by this Section 17, arbitration shall be the exclusive forum for resolving all disputes arising out of or relating to employment with the Company or the termination of that employment. (iv) The cost of any arbitration pursuant to this Section 17(g) shall be paid for by the Company, with each Party bearing its own attorneys’ fees, provided that in connection with any claims for which a prevailing party is entitled to recover attorneys’ fees pursuant to statute, the arbitration panel shall have the authority to award such fees. The Company and the Executive hereby agree that a judgment upon an award rendered by the arbitrators may be entered in any court having jurisdiction by suit on the judgment or in any other manner provided by law. (v) Notwithstanding any other provision of this Agreement, the Company shall be entitled to commence an action in any court of competent jurisdiction to enforce Sections 6, 7, 8, 9, 10 10, 11 or 11 13, in part or in their entirety. Judgment may be entered on the arbitrators’ award in any court having jurisdiction. For purposes of entering such judgment or seeking enforcement of Sections 6, 7, 8, 9, 10 or 10, 11 or entering judgment on the arbitrator’s award13, each Party hereto acknowledges that he, she or it has entered into this Agreement in the County of Orange, California and hereby irrevocably submits to the co-exclusive jurisdiction of the Orange County office of the American Arbitration Association, the Orange County Superior Court and the United States District Court for the Central District of California for the purpose of any suit, action, proceeding or judgment relating to or arising out of this Agreement and the transactions contemplated hereby. Service of process in connection with any such suit, action or proceeding may be served on each party hereto anywhere in the world by the same methods as are specified for the giving of notices under this Agreement. Each Party hereto irrevocably consents to the jurisdiction of any such court in any such suit, action or proceedingproceeding and to the laying of venue in such court. Each Party hereto irrevocably waives any objection to the laying of any venue of any such suit, action or proceeding brought in such courts and irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. The cost of any arbitration pursuant to this Section 18(f) shall be divided equally between the Consultant and the Company, with each Party bearing its own attorneys’ fees, provided that in connection with any claims for which a prevailing party is entitled to recover attorneys’ fees pursuant to statute, the arbitration panel shall have the authority to award such fees. The Company and Consultant 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.

Arbitration; Jurisdiction. (ia) Any Except as provided in Section 8.14(b) hereof, any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration to be held in Orange Xxxxxx County, California by Washington before a panel of three neutral arbitrators single arbitrator in accordance with the rules of the American Arbitration Association then in effect at effect, judgment may be entered on the time arbitrators award in any court having jurisdiction, and the parties hereby consent to the jurisdiction of submission to arbitrationthe Courts (as defined in Section 8.14(b) hereof) for that purpose. In any dispute or controversy hereunder, including those rules as part of the award, the arbitrator shall determine which of the parties has substantially prevailed in the dispute or controversy and that permit discovery of facts and documents. The Parties understand that they will party shall be entitled to collect from the same remedies in arbitration as they would in a court other party all of lawthe costs, fees and further agree that, in the course of any arbitration pursuant to this Agreement, they (i) will permit adequate discovery, (ii) will request that a written award be issued expenses incurred by the panelsubstantially prevailing party in connection with the dispute or controversy, (iii) are entitled to receive in the arbitration any and all relief they would be entitled to receive in a court proceeding and (iv) agree that the Executive will not be required to pay any of the arbitration fees or costs. The Parties knowingly and voluntarily agree to this arbitration clause. (ii) The Parties’ agreement to arbitrate disputes includesincluding, but is not limited to, any claims the reasonable fees and expenses of unlawful discrimination and/or unlawful harassment under Title VII of the Civil Rights Act of 1964, as amendedattorneys, the Age Discrimination in Employment Act of 1967, as amended, the Americans with Disabilities Act, or any other federal, state or local law relating to discrimination in employment as well as any claims relating to wage fees and hour claims and any other statutory or common law claims. (iii) The Parties agree that, except as otherwise provided by this Section 17, arbitration shall be the exclusive forum for resolving all disputes arising out of or relating to employment with the Company or the termination of that employment. (iv) The cost of any arbitration pursuant to this Section 17(g) shall be paid for by the Company, with each Party bearing its own attorneys’ fees, provided that in connection with any claims for which a prevailing party is entitled to recover attorneys’ fees pursuant to statute, the arbitration panel shall have the authority to award such fees. The Company and the Executive hereby agree that a judgment upon an award rendered by the arbitrators may be entered in any court having jurisdiction by suit on the judgment or in any other manner provided by law. (v) Notwithstanding any other provision of this Agreement, the Company shall be entitled to commence an action in any court of competent jurisdiction to enforce Sections 6, 7, 8, 9, 10 or 11 in part or in their entirety. For purposes of entering such judgment or seeking enforcement of Sections 6, 7, 8, 9, 10 or 11 or entering judgment on the arbitrator’s award, each Party hereto acknowledges that he, she or it has entered into this Agreement in the County of Orange, California and hereby irrevocably submits to the co-exclusive jurisdiction of the Orange County office expenses of the American Arbitration AssociationAssociation or any tribunal and the cost of any transcript (collectively, the Orange County Superior Court and “Costs”). In the United States District Court for alternative, the Central District arbitrator may require each of California for the purpose parties to pay such percentage of any suit, action, proceeding or judgment relating the Costs determined to or arising out of this Agreement and the transactions contemplated hereby. Service of process in connection with any such suit, action or proceeding may be served on each party hereto anywhere fair in the world by opinion of the same methods as are specified for arbitrator. (b) Any part (and only that part) of a matter that involves a party seeking an injunction, restraining order or other equitable relief shall be resolved exclusively in courts of the giving State of notices under this AgreementWashington located in Xxxxxx County or Franklin County (any and all of such courts, the “Courts”). Each Party of the parties hereto hereby irrevocably consents and submits to the jurisdiction of any such court in any such suitthe Courts, action or proceeding. Each Party hereto irrevocably waives any objection to venue in the laying Courts, and agrees that service of any venue of summons, complaint, notice or other process relating to such Proceeding may be effected in the manner provided by Section 8.1 hereof. In any such suitproceeding in the Courts, action or proceeding brought in such courts the Buyer and the Seller each hereby irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forumwaive trial by jury.

Arbitration; Jurisdiction. (i) Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Orange County, California by a panel of three neutral arbitrators in accordance with the rules of the American Arbitration Association in effect at the time of submission to arbitration, including those rules that permit discovery of facts and documents. The Parties understand that they will be entitled to the same remedies in arbitration as they would in a court of law, and further agree that, in the course of any arbitration pursuant to this Agreement, they (i) will permit adequate discovery, (ii) will request that a written award be issued by the panel, (iii) are entitled to receive in the arbitration any and all relief they would be entitled to receive in a court proceeding and (iv) agree that the Executive Employee will not be required to pay any of the arbitration fees or costs. The Parties knowingly and voluntarily agree to this arbitration clause. (ii) The Parties’ agreement to arbitrate disputes includes, but is not limited to, any claims of unlawful discrimination and/or unlawful harassment under Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, as amended, the Americans with Disabilities Act, or any other federal, state or local law relating to discrimination in employment as well as any claims relating to wage and hour claims and any other statutory or common law claims. (iii) The Parties agree that, except as otherwise provided by this Section 17, arbitration shall be the exclusive forum for resolving all disputes arising out of or relating to employment with the Company or the termination of that employment. (iv) The cost of any arbitration pursuant to this Section 17(g) shall be paid for by the Company, with each Party bearing its own attorneys’ fees, provided that in connection with any claims for which a prevailing party is entitled to recover attorneys’ fees pursuant to statute, the arbitration panel shall have the authority to award such fees. The Company and the Executive Employee hereby agree that a judgment upon an award rendered by the arbitrators may be entered in any court having jurisdiction by suit on the judgment or in any other manner provided by law. (v) Notwithstanding any other provision of this Agreement, the Company shall be entitled to commence an action in any court of competent jurisdiction to enforce Sections 6, 7, 8, 9, 10 or 11 in part or in their entirety. For purposes of entering such judgment or seeking enforcement of Sections 6, 7, 8, 9, 10 or 11 or entering judgment on the arbitrator’s award, each Party hereto acknowledges that he, she or it has entered into this Agreement in the County of Orange, California and hereby irrevocably submits to the co-exclusive jurisdiction of the Orange County office of the American Arbitration Association, the Orange County Superior Court and the United States District Court for the Central District of California for the purpose of any suit, action, proceeding or judgment relating to or arising out of this Agreement and the transactions contemplated hereby. Service of process in connection with any such suit, action or proceeding may be served on each party hereto anywhere in the world by the same methods as are specified for the giving of notices under this Agreement. Each Party hereto irrevocably consents to the jurisdiction of any such court in any such suit, action or proceeding. Each Party hereto irrevocably waives any objection to the laying of any venue of any such suit, action or proceeding brought in such courts and irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.