Common use of Arbitration; Waiver of Trial by Jury Clause in Contracts

Arbitration; Waiver of Trial by Jury. Executive and the Corporation shall submit any disputes arising under this Agreement to an arbitration panel conducting a binding arbitration in Hartford, Connecticut or at such other location as may be agreeable to the parties, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association in effect on the date of such arbitration (the “Rules”), and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof; provided, however, that nothing herein shall impair the Corporation’s right to seek equitable relief in any court for any breach or threatened breach of Section 8 or Section 9. The award of the arbitrators shall be final and shall be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues or accountings presented to the arbitration panel. The parties hereto further agree that the arbitration panel shall consist of one (1) person mutually acceptable to the Corporation and Executive, provided that if the parties cannot agree on an arbitrator within thirty (30) days of filing a notice of arbitration, the arbitrator shall be selected by the manager of the principal office of the American Arbitration Association serving Hartford County in the State of Connecticut. Each party will pay for the fees and expenses of its own attorneys, experts, witnesses, and preparation and presentation of proofs and post-hearing briefs (unless (i) the party prevails on a claim for which attorney’s fees and expenses are recoverable under the Rules and those amounts are included as part of the award or (ii) Executive prevails on a claim for breach of this Agreement after the Corporation has terminated Executive pursuant to Section 12c hereof, in which case, the Corporation will pay for Executive's above-described fees and expenses related to such claim). Any action to enforce or vacate the arbitrator’s award shall be governed by the federal Arbitration Act, if applicable, and otherwise by applicable state law. If either the Corporation or Executive pursues any claim, dispute or controversy against the other in a proceeding other than the arbitration provided for herein, the responding party shall be entitled to dismissal or injunctive relief regarding such action and recovery of all costs, losses and attorney’s fees related to such action. Executive acknowledges and expressly agrees that this arbitration provision constitutes a knowing and voluntary waiver of trial by jury in any action or proceeding to which Executive and the Corporation may be parties arising out of or pertaining to this Agreement.

Arbitration; Waiver of Trial by Jury. Executive (a) Any and the Corporation shall submit every dispute of any disputes arising under this Agreement to an arbitration panel conducting a binding arbitration in Hartford, Connecticut or at such other location as nature whatsoever that may be agreeable to arise between the parties, whether sounding in contract, statute, tort, fraud, misrepresentation, discrimination or any other legal theory, including, but not limited to, disputes relating to or involving the construction, performance or breach of this Agreement, or any schedule, certificate or other document delivered by any party hereto, or any other agreement between the parties, whether entered into prior to, on, or subsequent to the date of this Agreement, or those arising under any federal, state or local law, regulation or ordinance, shall be determined by binding arbitration in accordance with the National Rules for the Resolution of Employment Disputes then-current commercial arbitration rules of the American Arbitration Association Association, to the extent such rules do not conflict with the provisions of this paragraph. If the amount in effect on controversy in the date of such arbitration exceeds Two Hundred Fifty Thousand Dollars (the “Rules”$250,000), exclusive of interest, attorneys' fees and judgment upon costs, the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof; provided, however, that nothing herein shall impair the Corporation’s right to seek equitable relief in any court for any breach or threatened breach of Section 8 or Section 9. The award of the arbitrators arbitration shall be final and conducted by a panel of three (3) neutral arbitrators. Otherwise, the arbitration shall be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues or accountings presented to the arbitration panelconducted by a single neutral arbitrator. The parties hereto further agree that shall endeavor to select neutral arbitrators by mutual agreement. If such agreement cannot be reached within thirty (30) calendar days after a dispute has arisen which is to be decided by arbitration, any party or the arbitration parties jointly shall request the American Arbitration Association to submit to each party an identical panel of fifteen (15) persons. Alternate strikes shall consist be made to the panel, commencing with the party bringing the claim, until the names of three (3) persons remain, or one (1) person mutually acceptable to the Corporation and Executive, provided that if the case is to be heard by a single arbitrator. The parties cannot agree on an arbitrator within thirty (30) days of filing a notice of arbitrationmay, the arbitrator shall be selected however, by the manager of the principal office of mutual agreement, request the American Arbitration Association serving Hartford County in to submit additional panels of possible arbitrators. The person(s) thus remaining shall be the State of Connecticutarbitrator(s) for such arbitration. Each party will pay for the fees and expenses of its own attorneys, experts, witnesses, and preparation and presentation of proofs and post-hearing briefs If three (unless (i3) the party prevails on a claim for which attorney’s fees and expenses arbitrators are recoverable under the Rules and those amounts are included as part of the award or (ii) Executive prevails on a claim for breach of this Agreement after the Corporation has terminated Executive pursuant to Section 12c hereof, in which caseselected, the Corporation will pay for Executive's above-described fees arbitrators shall elect a chairperson to preside at all meetings and expenses related hearings. The arbitrator(s), or a majority of them, shall have the power to such claim). Any action to enforce or vacate the arbitrator’s award shall be governed by the federal Arbitration Act, if applicable, and otherwise by applicable state law. If either the Corporation or Executive pursues any claim, dispute or controversy against the other in a proceeding other than the arbitration provided for herein, the responding party shall be entitled to dismissal or injunctive relief regarding such action and recovery of all costs, losses and attorney’s fees related to such action. Executive acknowledges and expressly agrees that this arbitration provision constitutes a knowing and voluntary waiver of trial by jury in any action or proceeding to which Executive and the Corporation may be parties arising out of or pertaining to this Agreement.determine all

Arbitration; Waiver of Trial by Jury. Executive (a) Any and every dispute of any nature whatsoever that may arise between the Corporation shall submit parties hereto, whether sounding in contract, statute, tort, fraud, misrepresentation, discrimination or any other legal theory, including, but not limited to, disputes relating to or involving the construction, performance or breach of this Agreement, or any schedule, certificate or other document delivered by any party hereto or thereto, or any other agreement between the parties hereto, whether entered into prior to, on, or subsequent to the date of this Agreement, or those arising under this Agreement to an arbitration panel conducting a any federal, state or local law, regulation or ordinance, shall be determined by binding arbitration in Hartford, Connecticut or at such other location as may be agreeable to the parties, in accordance with the National Rules for the Resolution of Employment Disputes then current commercial arbitration rules of the American Arbitration Association, to the extent such rules do not conflict with the provisions of this paragraph. If the amount in controversy in the arbitration exceeds Two Hundred Fifty Thousand Dollars ($250,000), exclusive of interest, attorneys’ fees and costs, the arbitration shall be conducted by a panel of three (3) neutral arbitrators. Otherwise, the arbitration shall be conducted by a single neutral arbitrator. The parties hereto shall endeavor to select neutral arbitrators by mutual agreement. If such agreement cannot be reached within thirty (30) calendar days after a dispute has arisen which is to be decided by arbitration, any party or the parties jointly shall request the American Arbitration Association in effect on to submit to each party an identical panel of fifteen (15) persons. Alternate strikes shall be made to the date panel, commencing with the party bringing the claim, until the names of three (3) persons remain, or one (1) person if the case is to be heard by a single arbitrator. The parties may, however, by mutual agreement, request the American Arbitration Association to submit additional panels of possible arbitrators. The person(s) thus remaining shall be the arbitrator(s) for such arbitration. If three (3) arbitrators are selected, the arbitrators shall elect a chairperson to preside at all meetings and hearings. The arbitrator(s), or a majority of them, shall have the power to determine all matters incident to the conduct of the arbitration, including without limitation all procedural and evidentiary matters and the scheduling of any hearing. The award made by a majority of the arbitrators shall be final and binding upon the parties thereto and the subject matter. The arbitration (shall be governed by the “Rules”)United States Arbitration Act, 9 U.S.C. §1-16, and judgment upon the award rendered by the arbitrator or arbitrators arbitrator(s) may be entered in by any court having jurisdiction thereof; provided, however, that nothing herein shall impair the Corporation’s right to seek equitable relief in any court for any breach or threatened breach of Section 8 or Section 9. The award of the arbitrators shall be final have no authority to award punitive or exemplary damages or any statutory multiple damages, and shall be only have the sole authority to award compensatory damages, arbitration costs, attorneys’ fees, declaratory relief and exclusive remedy between the parties regarding any claims, counterclaims, issues or accountings presented to the arbitration panel. The parties hereto further agree that the arbitration panel shall consist of one (1) person mutually acceptable to the Corporation and Executive, provided that if the parties cannot agree on an arbitrator within thirty (30) days of filing a notice of arbitration, the arbitrator shall be selected by the manager of the principal office of the American Arbitration Association serving Hartford County in the State of Connecticut. Each party will pay for the fees and expenses of its own attorneys, experts, witnesses, and preparation and presentation of proofs and post-hearing briefs (unless (i) the party prevails on a claim for which attorney’s fees and expenses are recoverable under the Rules and those amounts are included as part of the award or (ii) Executive prevails on a claim for breach of this Agreement after the Corporation has terminated Executive pursuant to Section 12c hereof, in which case, the Corporation will pay for Executive's above-described fees and expenses related to such claim). Any action to enforce or vacate the arbitrator’s award shall be governed by the federal Arbitration Actpermanent injunctive relief, if applicable. Unless otherwise agreed by the parties, and otherwise by applicable state law. If either the Corporation or Executive pursues any claim, dispute or controversy against the other in a proceeding other than the arbitration provided for herein, the responding party shall be entitled to dismissal held in San Antonio, Texas. This Section 10.13 shall not prevent either party from seeking a temporary restraining order or temporary or preliminary injunctive relief regarding from a court of competent jurisdiction in order to protect its rights under this Agreement. In the event a party seeks such action and recovery of all costs, losses and attorney’s fees related to such action. Executive acknowledges and expressly agrees that this arbitration provision constitutes a knowing and voluntary waiver of trial by jury in any action or proceeding to which Executive and the Corporation may be parties arising out of or pertaining injunctive relief pursuant to this Agreement, such action shall not constitute a waiver of the provisions of this Section 10.13, which shall continue to govern any and every dispute between the parties, including without limitation the right to damages, permanent injunctive relief and any other remedy, at law or in equity.

Arbitration; Waiver of Trial by Jury. Executive (a) Any and every dispute of any nature whatsoever that may arise between the Corporation shall submit parties hereto, whether sounding in contract, statute, tort, fraud, misrepresentation, discrimination or any other legal theory, including, but not limited to, disputes relating to or involving the construction, performance or breach of this Agreement, or any schedule, certificate or other document delivered by any party hereto or thereto, or any other agreement between the parties hereto, whether entered into prior to, on, or subsequent to the date of this Agreement, or those arising under this Agreement to an arbitration panel conducting a any federal, state or local law, regulation or ordinance, shall be determined by binding arbitration in Hartford, Connecticut or at such other location as may be agreeable to the parties, in accordance with the National Rules for the Resolution of Employment Disputes then current commercial arbitration rules of the American Arbitration Association, to the extent such rules do not conflict with the provisions of this paragraph. If the amount in controversy in the arbitration exceeds Two Hundred Fifty Thousand Dollars ($250,000), exclusive of interest, attorneys’ fees and costs, the arbitration shall be conducted by a panel of three (3) neutral arbitrators. Otherwise, the arbitration shall be conducted by a single neutral arbitrator. The parties hereto shall endeavor to select neutral arbitrators by mutual agreement. If such agreement cannot be reached within thirty (30) calendar days after a dispute has arisen which is to be decided by arbitration, any party or the parties jointly shall request the American Arbitration Association in effect on to submit to each party an identical panel of fifteen (15) persons. Alternate strikes shall be made to the date panel, commencing with the party bringing the claim, until the names of three (3) persons remain, or one (1) person if the case is to be heard by a single arbitrator. The parties may, however, by mutual agreement, request the American Arbitration Association to submit additional panels of possible arbitrators. The person(s) thus remaining shall be the arbitrator(s) for such arbitration. If three (3) arbitrators are selected, the arbitrators shall elect a chairperson to preside at all meetings and hearings. The arbitrator(s), or a majority of them, shall have the power to determine all matters incident to the conduct of the arbitration, including without limitation all procedural and evidentiary matters and the scheduling of any hearing. The award made by a majority of the arbitrators shall be final and binding upon the parties thereto and the subject matter. The arbitration (shall be governed by the “Rules”)United States Arbitration Act, 9 U.S.C. §1-16, and judgment upon the award rendered by the arbitrator or arbitrators arbitrator(s) may be entered in by any court having jurisdiction thereof; provided, however, that nothing herein shall impair the Corporation’s right to seek equitable relief in any court for any breach or threatened breach of Section 8 or Section 9. The award of the arbitrators shall be final have no authority to award punitive or exemplary damages or any statutory multiple damages, and shall be only have the sole authority to award compensatory damages, arbitration costs, attorneys’ fees, declaratory relief and exclusive remedy between the parties regarding any claims, counterclaims, issues or accountings presented to the arbitration panel. The parties hereto further agree that the arbitration panel shall consist of one (1) person mutually acceptable to the Corporation and Executive, provided that if the parties cannot agree on an arbitrator within thirty (30) days of filing a notice of arbitration, the arbitrator shall be selected by the manager of the principal office of the American Arbitration Association serving Hartford County in the State of Connecticut. Each party will pay for the fees and expenses of its own attorneys, experts, witnesses, and preparation and presentation of proofs and post-hearing briefs (unless (i) the party prevails on a claim for which attorney’s fees and expenses are recoverable under the Rules and those amounts are included as part of the award or (ii) Executive prevails on a claim for breach of this Agreement after the Corporation has terminated Executive pursuant to Section 12c hereof, in which case, the Corporation will pay for Executive's above-described fees and expenses related to such claim). Any action to enforce or vacate the arbitrator’s award shall be governed by the federal Arbitration Actpermanent injunctive relief, if applicable. Unless otherwise agreed by the parties, and otherwise by applicable state law. If either the Corporation or Executive pursues any claim, dispute or controversy against the other in a proceeding other than the arbitration provided for herein, the responding party shall be entitled to dismissal held in San Antonio, Texas. This Section 8.13 shall not prevent either party from seeking a temporary restraining order or temporary or preliminary injunctive relief regarding from a court of competent jurisdiction in order to protect its rights under this Agreement. In the event a party seeks such action and recovery of all costs, losses and attorney’s fees related to such action. Executive acknowledges and expressly agrees that this arbitration provision constitutes a knowing and voluntary waiver of trial by jury in any action or proceeding to which Executive and the Corporation may be parties arising out of or pertaining injunctive relief pursuant to this Agreement, such action shall not constitute a waiver of the provisions of this Section 8.13, which shall continue to govern any and every dispute between the parties, including without limitation the right to damages, permanent injunctive relief and any other remedy, at law or in equity.

Arbitration; Waiver of Trial by Jury. Executive and the Corporation shall submit any disputes arising under this Agreement to an arbitration panel conducting a binding arbitration in Hartford, Connecticut or at such other location as may be agreeable to the parties, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association in effect on the date of such arbitration (the “"Rules”"), and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof; provided, however, that nothing herein shall impair the Corporation’s 's right to seek equitable relief in any court for any breach or threatened breach of Section 8 or Section 9. The award of the arbitrators shall be final and shall be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues or accountings presented to the arbitration panel. The parties hereto further agree that the arbitration panel shall consist of one (1l) person mutually acceptable to the Corporation and Executive, provided that if the parties cannot agree on an arbitrator within thirty (30) days of filing a notice of arbitration, the arbitrator shall be selected by the manager of the principal office of the American Arbitration Association serving Hartford County in the State of Connecticut. Each party will pay for the fees and expenses of its own attorneys, experts, witnesses, and preparation and presentation of proofs and post-hearing briefs (unless (i) the party prevails on a claim for which attorney’s 's fees and expenses are recoverable under the Rules and those amounts are included as part of the award or (ii) Executive prevails on a claim for breach of this Agreement after the Corporation has terminated Executive pursuant to Section 12c hereof, in which case, the Corporation will pay for Executive's above-above described fees and expenses related to such claim). Any action to enforce or vacate the arbitrator’s 's award shall be governed by the federal Arbitration Act, if applicable, and otherwise by applicable state law. If either the Corporation or Executive pursues any claim, dispute or controversy against the other in a proceeding other than the arbitration provided for herein, the responding party shall be entitled to dismissal or injunctive relief regarding such action and recovery of all costs, losses and attorney’s 's fees related to such action. Executive acknowledges and expressly agrees that this arbitration provision constitutes a knowing and voluntary waiver of trial by jury in any action or proceeding to which Executive and the Corporation may be parties arising out of or pertaining to this Agreement.. IN WIINESS WHEREOF, the Corporation and Executive have duly executed this CORPORATION: FUELCELL ENERGY, INC. WITNESS: WITNESS: /s/ Xxxxxxx Xxxxxxxx By: /s/ R. Xxxxxx Xxxxx Name: R. Xxxxxx Xxxxx Name: Xxxxxxx Xxxxxxxx Date: February 8, 2011 EXECUTIVE: WIINESS:, Date: /s/ Xxxxxx Xxxxxxx /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxxx

Arbitration; Waiver of Trial by Jury. Executive (a) Any and the Corporation shall submit every dispute of any disputes arising under this Agreement to an arbitration panel conducting a binding arbitration in Hartford, Connecticut or at such other location as nature whatsoever that may be agreeable to arise between the parties, whether sounding in contract, statute, tort, fraud, misrepresentation, discrimination or any other legal theory, including, but not limited to, disputes relating to or involving the construction, performance or breach of this Agreement, or any schedule, certificate or other document delivered by any party hereto, or any other agreement between the parties, whether entered into prior to, on, or subsequent to the date of this Agreement, or those arising under any federal, state or local law, regulation or ordinance, shall be determined by binding arbitration in accordance with the National Rules for the Resolution of Employment Disputes then--current commercial arbitration rules of the American Arbitration Association Association, to the extent such rules do not conflict with the provisions of this paragraph. If the amount in effect on controversy in the date of such arbitration exceeds Two Hundred Fifty Thousand Dollars (the “Rules”$250,000), exclusive of interest, attorneys' fees and judgment upon costs, the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof; provided, however, that nothing herein shall impair the Corporation’s right to seek equitable relief in any court for any breach or threatened breach of Section 8 or Section 9. The award of the arbitrators arbitration shall be final and conducted by a panel of three (3) neutral arbitrators. Otherwise, the arbitration shall be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues or accountings presented to the arbitration panelconducted by a single neutral arbitrator. The parties hereto further agree that shall endeavor to select neutral arbitrators by mutual agreement. If such agreement cannot be reached within thirty (30) calendar days after a dispute has arisen which is to be decided by arbitration, any party or the arbitration parties jointly shall request the American Arbitration Association to submit to each party an identical panel of fifteen (15) persons. Alternate strikes shall consist be made to the panel, commencing with the party bringing the claim, until the names of three (3) persons remain, or one (1) person mutually acceptable to the Corporation and Executive, provided that if the case is to be heard by a single arbitrator. The parties cannot agree on an arbitrator within thirty (30) days of filing a notice of arbitrationmay, the arbitrator shall be selected however, by the manager of the principal office of mutual agreement, request the American Arbitration Association serving Hartford County in to submit additional panels of possible arbitrators. The person(s) thus remaining shall be the State of Connecticutarbitrator(s) for such arbitration. Each party will pay for the fees and expenses of its own attorneys, experts, witnesses, and preparation and presentation of proofs and post-hearing briefs If three (unless (i3) the party prevails on a claim for which attorney’s fees and expenses arbitrators are recoverable under the Rules and those amounts are included as part of the award or (ii) Executive prevails on a claim for breach of this Agreement after the Corporation has terminated Executive pursuant to Section 12c hereof, in which caseselected, the Corporation will pay for Executive's above-described fees arbitrators shall elect a chairperson to preside at all meetings and expenses related hearings. The arbitrator(s), or a majority of them, shall have the power to such claim). Any action to enforce or vacate the arbitrator’s award shall be governed by the federal Arbitration Act, if applicable, and otherwise by applicable state law. If either the Corporation or Executive pursues any claim, dispute or controversy against the other in a proceeding other than the arbitration provided for herein, the responding party shall be entitled to dismissal or injunctive relief regarding such action and recovery of all costs, losses and attorney’s fees related to such action. Executive acknowledges and expressly agrees that this arbitration provision constitutes a knowing and voluntary waiver of trial by jury in any action or proceeding to which Executive and the Corporation may be parties arising out of or pertaining to this Agreement.determine all