Common use of Arbitration; Legal Fees and Expenses Clause in Contracts

Arbitration; Legal Fees and Expenses. In the event of any controversy, claim or dispute between the parties hereto arising out of or relating to this Agreement, the matter shall be determined by arbitration, which shall take place in Orange County, California, under the rules of the American Arbitration Association; and a judgment upon such award may be entered in any court having jurisdiction thereof. Any decision or award of such arbitrator shall be final and binding upon the parties and shall not be appealable. The parties hereby consent to the jurisdiction of such arbitrator and or any court having jurisdiction to enter judgment upon and enforce any action taken by such arbitrator. The Company shall pay all reasonable legal fees and expenses (including any fees or expenses incurred in any appeals) that the Executive may incur (i) as a result of the Company’s contesting the validity, enforceability of, or the Executive’s interpretation of, or determinations under, this Agreement, or (ii) in seeking to recover his reasonable legal fees and expenses to which he is entitled as provided herein. The Executive’s reasonable legal fees and expenses shall be paid by the Company whether or not the Executive prevails in any such contest or dispute, and shall be promptly paid by the Company as they are incurred upon submission by the Executive of documentation thereof in reasonable detail.

Appears in 4 contracts

Samples: Severance Compensation Agreement (Comarco Inc), Severance Compensation Agreement (Comarco Inc), Severance Compensation Agreement (Comarco Inc)

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Arbitration; Legal Fees and Expenses. In the event of any controversy, claim or dispute between the parties hereto arising out of or relating to this Agreement, the matter shall be determined by arbitration, which shall take place in Orange County, California, under the rules of the American Arbitration Association; and a judgment upon such award may be entered in any court having jurisdiction thereof. Any decision or award of such arbitrator shall be final and binding upon the parties and shall not be appealable. The parties hereby consent to the jurisdiction of such arbitrator and or any court having jurisdiction to enter judgment upon and enforce any action taken by such arbitrator. The Company shall pay all reasonable legal fees and expenses (including any fees or expenses incurred in any appeals) that the Executive may incur (i) as a result of the Company’s contesting the validity, enforceability of, or the Executive’s interpretation of, or determinations under, this Agreement, or (ii) in seeking to recover his reasonable legal fees and expenses to which he is entitled as provided herein. The Executive’s reasonable legal fees and expenses shall be paid by the Company whether or not the Executive prevails in any such contest or dispute, disputes and shall be promptly paid by the Company as they are incurred upon submission by the Executive of documentation thereof in reasonable detail.

Appears in 1 contract

Samples: Severance Compensation Agreement (Comarco Inc)

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