Arbitration of Other Disputes Under this Agreement. (i) Any controversy, claim or dispute involving the parties (or their affiliated persons) concerning this Agreement, or the subject matter thereof, except as provided in Section 19.1, shall be finally settled by arbitration held in Denver, Colorado by one (1) arbitrator in accordance with the rules of employment arbitration then followed by the American Arbitration Association or any successor to the functions thereof. The arbitrator shall apply Colorado law in the resolution of all controversies, claims and disputes and shall have the right and authority to determine how his or her decision or determination as to each issue or matter in dispute may be implemented or enforced. Any decision or award of the arbitrator shall be final and conclusive on the parties to this Agreement and their respective affiliates, and there shall be no appeal therefrom other than from gross negligence or willful misconduct. Notwithstanding the foregoing, claims of employment discrimination, worker’s compensation and unemployment compensation benefits shall not be subject to arbitration under this Agreement. The Company shall bear all costs of the arbitrator in any action brought under this Section 19.2. (ii) The parties hereto agree that any action to compel arbitration pursuant to this Section 19.2 may be brought in the appropriate Colorado court and in connection with such action to compel the laws of the State of Colorado shall control. Application may also be made to such court for confirmation of any decision or award of the arbitrator, for an order of the enforcement and for any other remedies which may be necessary to effectuate such decision or award. The parties hereto hereby consent to the jurisdiction of the arbitrator and of such court and waive any objection to the jurisdiction of such arbitrator and court.
Appears in 4 contracts
Samples: Executive Employment Agreement (SquareTwo Financial Corp), Executive Employment Agreement (ReFinance America, LTD), Executive Employment Agreement (ReFinance America, LTD)
Arbitration of Other Disputes Under this Agreement. (i) Any controversy, claim or dispute involving the parties (or their affiliated persons) concerning this Agreement, or the subject matter thereof, except as provided in Section 19.1, shall be finally settled by arbitration held in Denver, Colorado by one (1) arbitrator in accordance with the rules of employment arbitration then followed by the American Arbitration Association or any successor to the functions thereof. The arbitrator shall apply Colorado law in the resolution of all controversies, claims and disputes and shall have the right and authority to determine how his or her decision or determination as to each issue or matter in dispute may be implemented or enforced. Any decision or award of the arbitrator shall be final and conclusive on the parties to this Agreement and their respective affiliates, and there shall be no appeal therefrom other than from gross negligence or willful misconduct. Notwithstanding the foregoing, claims of employment discrimination, worker’s 's compensation and unemployment compensation benefits shall not be subject to arbitration under this Agreement. The Company shall bear all costs of the arbitrator in any action brought under this Section 19.2.
(ii) The parties hereto agree that any action to compel arbitration pursuant to this Section 19.2 may be brought in the appropriate Colorado court and in connection with such action to compel the laws of the State of Colorado shall control. Application may also be made to such court for confirmation of any decision or award of the arbitrator, for an order of the enforcement and for any other remedies which may be necessary to effectuate such decision or award. The parties hereto hereby consent to the jurisdiction of the arbitrator and of such court and waive any objection to the jurisdiction of such arbitrator and court.. [SIGNATURE PAGE TO EXECUTIVE EMPLOYMENT AGREEMENT]
Appears in 2 contracts
Samples: Executive Employment Agreement (SquareTwo Financial Corp), Executive Employment Agreement (SquareTwo Financial Corp)
Arbitration of Other Disputes Under this Agreement. (i) Any controversy, claim or dispute involving the parties (or their affiliated persons) concerning this Agreement, or the subject matter thereof, except as provided in Section 19.1, shall be finally settled by arbitration held in Denver, Colorado by one (1) arbitrator in accordance with the rules of employment arbitration then followed by the American Arbitration Association or any successor to the functions thereof. The arbitrator shall apply Colorado law in the resolution of all controversies, claims and disputes and shall have the right and authority to determine how his or her decision or determination as to each issue or matter in dispute may be implemented or enforced. Any decision or award of the arbitrator shall be final and conclusive on the parties to this Agreement and their respective affiliates, and there shall be no appeal therefrom other than from gross negligence or willful misconduct. Notwithstanding the foregoing, claims of employment discrimination, worker’s 's compensation and unemployment compensation benefits shall not be subject to arbitration under this Agreement. The Company shall bear all costs of the arbitrator in any action brought under this Section 19.2.
(ii) The parties hereto agree that any action to compel arbitration pursuant to this Section 19.2 may be brought in the appropriate Colorado court and in connection with such action to compel the laws of the State of Colorado shall control. Application may also be made to such court for confirmation of any decision or award of the arbitrator, for an order of the enforcement and for any other remedies which may be necessary to effectuate such decision or award. The parties hereto hereby consent to the jurisdiction of the arbitrator and of such court and waive any objection to the jurisdiction of such arbitrator and court.
Appears in 1 contract
Samples: Executive Employment Agreement (SquareTwo Financial Corp)