Common use of Choice of Law; Arbitration; WAIVER OF JURY TRIAL Clause in Contracts

Choice of Law; Arbitration; WAIVER OF JURY TRIAL. This Agreement shall be deemed to have been executed and delivered within the State of Missouri, and the rights and obligations of the parties hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of Missouri without regard to principles of conflict of laws that would give effect to the laws of another jurisdiction. Any legal dispute related to this Agreement and/or any claim related to this Agreement, or breach thereof, shall, in lieu of being submitted to a court of law, be submitted to arbitration, in accordance with the applicable dispute resolution procedures of the American Arbitration Association. The award of the arbitrators shall be final and binding upon the parties. The parties hereto agree that (i) three arbitrators shall be selected pursuant to the rules and procedures of the American Arbitration Association, (ii) at least one arbitrator shall be a licensed attorney, (iii) the arbitrators shall have the power to award injunctive relief or to direct specific performance, (iv) each of the parties, unless otherwise provided by applicable law and procedures, shall bear its own attorney's fees, costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, and (v) the arbitrators shall award to the prevailing party a sum equal to that party's share of the arbitrators' and administrative fees of arbitration. Nothing in this section shall be construed as providing Xxxxx a cause of action, remedy, or procedure that Xxxxx would not otherwise have under this Agreement or the law. XXXXX HEREBY WAIVES ANY RIGHT TO A COURT TRIAL OR TRIAL BY JURY WITH RESPECT TO ANY ACTION RELATED TO OR ARISING OUT OF THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED HEREBY. XXXXX UNDERSTANDS THAT THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. Notwithstanding the above, the Company reserves the right with regard to Xxxxx'x obligations set forth in Section III above, to pursue equitable remedies, either in arbitration (in which case the arbitrators shall have power to award equitable relief), or in a court of competent jurisdiction.

Choice of Law; Arbitration; WAIVER OF JURY TRIAL. This Agreement shall be deemed to have been executed governed by and delivered within the State of Missouri, and the rights and obligations of the parties hereunder shall be construed and enforced in accordance with, and governed by, with the laws of the State of Missouri New York (without regard to principles of conflict any conflicts of laws principles thereof that would give effect to the laws of another jurisdiction. Any legal ), and any dispute related or controversy arising out of or relating to this Agreement and/or or your employment, other than injunctive relief, will be settled exclusively by arbitration, conducted before a single arbitrator in New York County, New York (applying New York law) in accordance with, and pursuant to, the Employment Arbitration Rules and Procedures of JAMS (“JAMS”), a copy of which rules, which are available at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration/, have been reviewed by you in their current form. The arbitrator shall have the power to rule on his or her own jurisdiction, including any claim related objections with respect to the existence, scope or validity of this Agreementarbitration clause. The arbitration shall be conducted on a strictly confidential basis, and neither party shall disclose the existence of a claim, the nature of a claim, any documents, exhibits, or breach thereofinformation exchanged or presented in connection with such a claim, shallor the result of any action (collectively, “Arbitration Materials”), to any third party, except as required by law, with the sole exception of their legal counsel and parties engaged by that counsel to assist in lieu of being submitted the arbitration process, who also shall be bound by these confidentiality terms. The arbitrator shall be authorized to issue any award a court of could issue except that, to the extent permitted by law, the arbitrator shall not be submitted authorized to arbitration, in accordance with the applicable dispute resolution procedures award punitive damages. No discovery shall be permitted as part of any arbitration that may take place under this provision. The decision of the American Arbitration Association. The award of the arbitrators shall arbitrator will be final and binding upon the partiesparties hereto. Any arbitral award may be entered as a judgment or order in any court of competent jurisdiction. Either party may commence litigation in court to obtain injunctive relief in aid of arbitration, to compel arbitration, or to confirm or vacate an award, to the extent authorized by the Federal Arbitration Act or the New York Arbitration Act. You and the Company shall share the JAMS administrative fees and the arbitrator’s fee and expenses. Each party will pay its own attorneys’ fees. You and the Company each agree that any arbitration will be conducted only on an individual basis and that no dispute between the parties relating to this Agreement may be consolidated or joined with a dispute between any other employee and the Company or any of its Affiliates, nor may you seek to bring your dispute on behalf of other employees, independent contractors or consultants of the Company or any of its Affiliates as a class or collective action. The parties hereto agree that to take all steps necessary to protect the confidentiality of the Arbitration Materials in connection with any such proceeding, agree to file all Confidential Information (iand documents containing Confidential Information) three arbitrators shall be selected pursuant under seal, and agree to the rules and procedures entry of an appropriate protective order encompassing the American Arbitration Associationconfidentiality terms of this Agreement. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW THAT CANNOT BE WAIVED, YOU AND THE COMPANY HEREBY WAIVE AND COVENANT THAT YOU AND THE COMPANY WILL NOT ASSERT (iiWHETHER AS PLAINTIFF, DEFENDANT OR OTHERWISE) at least one arbitrator shall be a licensed attorney, (iii) the arbitrators shall have the power to award injunctive relief or to direct specific performance, (iv) each of the parties, unless otherwise provided by applicable law and procedures, shall bear its own attorney's fees, costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, and (v) the arbitrators shall award to the prevailing party a sum equal to that party's share of the arbitrators' and administrative fees of arbitration. Nothing in this section shall be construed as providing Xxxxx a cause of action, remedy, or procedure that Xxxxx would not otherwise have under this Agreement or the law. XXXXX HEREBY WAIVES ANY RIGHT TO A COURT TRIAL OR TRIAL BY JURY WITH RESPECT TO IN ANY ACTION RELATED TO ARISING IN WHOLE OR ARISING OUT OF IN PART UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY TRANSACTION MATTERS CONTEMPLATED HEREBY. XXXXX UNDERSTANDS , WHETHER NOW OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AND AGREE THAT ANY OF THE COMPANY OR ANY OF ITS AFFILIATES OR YOU MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT AMONG THE COMPANY AND ITS AFFILIATES, ON THE ONE HAND, AND YOU, ON THE OTHER HAND, IRREVOCABLY TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING WHATSOEVER BETWEEN SUCH PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT CONTAINS AND THAT ANY PROCEEDING PROPERLY HEARD BY A BINDING ARBITRATION PROVISION WHICH MAY COURT UNDER THIS AGREEMENT WILL INSTEAD BE ENFORCED TRIED IN A COURT OF COMPETENT JURISDICTION BY THE PARTIES. Notwithstanding the above, the Company reserves the right with regard to Xxxxx'x obligations set forth in Section III above, to pursue equitable remedies, either in arbitration (in which case the arbitrators shall have power to award equitable relief), or in a court of competent jurisdictionA JUDGE SITTING WITHOUT A JURY.

Choice of Law; Arbitration; WAIVER OF JURY TRIAL. This Agreement letter agreement shall be deemed to have been executed governed by and delivered within the State of Missouri, and the rights and obligations of the parties hereunder shall be construed and enforced in accordance with, and governed by, with the laws of the State of Missouri New York (without regard to principles of conflict any conflicts of laws principles thereof that would give effect to the laws of another jurisdiction. Any legal ), and any dispute related or controversy arising out of or relating to this Agreement and/or any claim related to letter agreement or your employment, other than injunctive relief as provided in this letter agreement and the 2010 Letter Agreement, or breach thereof, shall, in lieu of being submitted to a court of law, will be submitted to settled exclusively by arbitration, conducted before a single arbitrator in New York, New York (applying New York law) in accordance with with, and pursuant to, the applicable dispute resolution procedures National Rules for the Resolution of Employment Disputes of the American Arbitration AssociationAssociation (“AAA”). The award decision of the arbitrators shall arbitrator will be final and binding upon the partiesparties hereto. The parties hereto agree that (i) three arbitrators shall Any arbitral award may be selected pursuant entered as a judgment or order in any court of competent jurisdiction. Either party may commence litigation in court to the rules and procedures of the American Arbitration Association, (ii) at least one arbitrator shall be a licensed attorney, (iii) the arbitrators shall have the power to award obtain injunctive relief or to direct specific performance, (iv) each of the parties, unless otherwise provided by applicable law and procedures, shall bear its own attorney's fees, costs and expenses and an equal share of the arbitrators' and administrative fees in aid of arbitration, and (v) the arbitrators shall award to compel arbitration, or to confirm or vacate an award, to the prevailing extent authorized by the Federal Arbitration Act or the New York Arbitration Act. The Company and you will share the AAA administrative fees, the arbitrator’s fee and expenses. Each party a sum equal to that party's share of the arbitrators' and administrative fees of arbitration. Nothing in this section shall be construed as providing Xxxxx a cause of actionresponsible for such party’s attorneys’ fees. IF THIS AGREEMENT TO ARBITRATE IS HELD INVALID OR UNENFORCEABLE THEN, remedyTO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW THAT CANNOT BE WAIVED, or procedure that Xxxxx would not otherwise have under this Agreement or the law. XXXXX YOU AND WE HEREBY WAIVES WAIVE AND COVENANT THAT YOU AND WE WILL NOT ASSERT (WHETHER AS PLAINTIFF, DEFENDANT OR OTHERWISE) ANY RIGHT TO A COURT TRIAL OR TRIAL BY JURY WITH RESPECT TO IN ANY ACTION RELATED TO ARISING IN WHOLE OR ARISING OUT OF IN PART UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY TRANSACTION MATTERS CONTEMPLATED HEREBY. XXXXX UNDERSTANDS , WHETHER NOW OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AND AGREE THAT ANY OF THE COMPANY OR ANY OF ITS AFFILIATES OR YOU MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT AMONG THE COMPANY AND ITS AFFILIATES, ON THE ONE HAND, AND YOU, ON THE OTHER HAND, IRREVOCABLY TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING WHATSOEVER BETWEEN SUCH PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT CONTAINS AND THAT ANY PROCEEDING PROPERLY HEARD BY A BINDING ARBITRATION PROVISION WHICH MAY COURT UNDER THIS AGREEMENT WILL INSTEAD BE ENFORCED TRIED IN A COURT OF COMPETENT JURISDICTION BY THE PARTIES. Notwithstanding the above, the Company reserves the right with regard to Xxxxx'x obligations set forth in Section III above, to pursue equitable remedies, either in arbitration (in which case the arbitrators shall have power to award equitable relief), or in a court of competent jurisdictionA JUDGE SITTING WITHOUT A JURY.

Choice of Law; Arbitration; WAIVER OF JURY TRIAL. This Agreement shall be deemed to have been executed and delivered within the State Any controversy or claim arising out of Missouri, and the rights and obligations of the parties hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of Missouri without regard to principles of conflict of laws that would give effect to the laws of another jurisdiction. Any legal dispute related or relating to this Agreement and/or any claim related to or a breach of this Agreement, or breach thereof, Agreement shall, in lieu of being submitted to a court of the fullest extent permitted by law, be submitted to arbitration, in accordance with the applicable dispute resolution procedures of settled exclusively by arbitration before a single arbitrator appointed by the American Arbitration AssociationAssociation (“AAA”) in New York, New York (applying New York law) under the National Rules for the Resolution of Employment Disputes of the AAA, as may be amended from time to time. Pursuant to applicable law, the Company and you will share the AAA administrative fees, the arbitrator’s fee and expenses. All Claims and defenses which could be raised before a court must be raised in arbitration and the arbitrator shall apply the law accordingly. The arbitrator shall issue a written decision setting forth the essential findings and conclusions in sufficient detail to permit judicial review to the extent permitted by law. The decision or award of the arbitrators arbitrator shall be final and binding upon the parties. The parties hereto agree that (i) three arbitrators shall Any arbitral award may be selected pursuant to the rules and procedures of the American Arbitration Association, (ii) at least one arbitrator shall be entered as a licensed attorney, (iii) the arbitrators shall have the power to award injunctive relief judgment or to direct specific performance, (iv) each of the parties, unless otherwise provided by applicable law and procedures, shall bear its own attorney's fees, costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, and (v) the arbitrators shall award to the prevailing party a sum equal to that party's share of the arbitrators' and administrative fees of arbitration. Nothing order in this section shall be construed as providing Xxxxx a cause of action, remedy, or procedure that Xxxxx would not otherwise have under this Agreement or the law. XXXXX HEREBY WAIVES ANY RIGHT TO A COURT TRIAL OR TRIAL BY JURY WITH RESPECT TO ANY ACTION RELATED TO OR ARISING OUT OF THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED HEREBY. XXXXX UNDERSTANDS THAT THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. Notwithstanding the above, the Company reserves the right with regard to Xxxxx'x obligations set forth in Section III above, to pursue equitable remedies, either in arbitration (in which case the arbitrators shall have power to award equitable relief), or in a any court of competent jurisdiction. Any relief or recovery based on any claims arising out of your employment, cessation of employment, including but not limited to, any claim of unlawful harassment or discrimination, shall be limited to that awarded by the arbitrator. EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY 000 XXXX 00XX XXXXXX, XXX XXXX, XX 00000 | 646.624.2400 | XXXXX.XXX APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Choice of Law; Arbitration; WAIVER OF JURY TRIAL. This Agreement shall be deemed to have been executed governed by and delivered within the State of Missouri, and the rights and obligations of the parties hereunder shall be construed and enforced in accordance with, and governed by, with the laws of the State of Missouri New York (without regard to principles of conflict any conflicts of laws principles thereof that would give effect to the laws of another jurisdiction. Any legal ), and any dispute related or controversy arising out of or relating to this Agreement and/or any claim related to or your employment, other than injunctive relief as provided in this Agreement, or breach thereof, shall, in lieu of being submitted to a court of law, will be submitted to settled exclusively by arbitration, conducted before a single arbitrator in New York, New York (applying New York law) in accordance with with, and pursuant to, the applicable dispute resolution procedures National Rules for the Resolution of Employment Disputes of the American Arbitration AssociationAssociation (“AAA”). The award decision of the arbitrators shall arbitrator will be final and binding upon the partiesparties hereto. The parties hereto agree that (i) three arbitrators shall Any arbitral award may be selected pursuant entered as a judgment or order in any court of competent jurisdiction. Either party may commence litigation in court to the rules and procedures of the American Arbitration Association, (ii) at least one arbitrator shall be a licensed attorney, (iii) the arbitrators shall have the power to award obtain injunctive relief or to direct specific performance, (iv) each of the parties, unless otherwise provided by applicable law and procedures, shall bear its own attorney's fees, costs and expenses and an equal share of the arbitrators' and administrative fees in aid of arbitration, and (v) the arbitrators shall award to compel arbitration, or to confirm or vacate an award, to the prevailing extent authorized by the Federal Arbitration Act or the New York Arbitration Act. The Company and you will share the AAA administrative fees, the arbitrator’s fee and expenses. Each party a sum equal to that party's share of the arbitrators' and administrative fees of arbitration. Nothing in this section shall be construed as providing Xxxxx a cause of actionresponsible for such party’s attorneys’ fees. IF THIS AGREEMENT TO ARBITRATE IS HELD INVALID OR UNENFORCEABLE THEN, remedyTO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW THAT CANNOT BE WAIVED, or procedure that Xxxxx would not otherwise have under this Agreement or the law. XXXXX YOU AND WE HEREBY WAIVES WAIVE AND COVENANT THAT YOU AND WE WILL NOT ASSERT (WHETHER AS PLAINTIFF, DEFENDANT OR OTHERWISE) ANY RIGHT TO A COURT TRIAL OR TRIAL BY JURY WITH RESPECT TO IN ANY ACTION RELATED TO ARISING IN WHOLE OR ARISING OUT OF IN PART UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY TRANSACTION MATTERS CONTEMPLATED HEREBY. XXXXX UNDERSTANDS , WHETHER NOW OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, AND AGREE THAT ANY OF THE COMPANY OR ANY OF ITS AFFILIATES OR YOU MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT AMONG THE COMPANY AND ITS AFFILIATES, ON THE ONE HAND, AND YOU, ON THE OTHER HAND, IRREVOCABLY TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING WHATSOEVER BETWEEN SUCH PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT CONTAINS AND THAT ANY PROCEEDING PROPERLY HEARD BY A BINDING ARBITRATION PROVISION WHICH MAY COURT UNDER THIS AGREEMENT WILL INSTEAD BE ENFORCED TRIED IN A COURT OF COMPETENT JURISDICTION BY THE PARTIES. Notwithstanding the above, the Company reserves the right with regard to Xxxxx'x obligations set forth in Section III above, to pursue equitable remedies, either in arbitration (in which case the arbitrators shall have power to award equitable relief), or in a court of competent jurisdictionA JUDGE SITTING WITHOUT A JURY.