Common use of Claims Covered by the Agreement Clause in Contracts

Claims Covered by the Agreement. The Company and I mutually consent to the resolution by arbitration of all claims or controversies ("claims"), whether or not arising out of my employment (or its termination), that the Company may have against me or that I may have against the Company or against its officers, directors, employees or agents in their capacity as such or otherwise. The claims covered by this Agreement are claims that would normally, absent this Agreement, be cognizable by a court of law, and include, but are not limited to, claims of wages or other compensation due; claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination (including, but not limited to, race, sex, religion, national origin, age, marital status, or medical condition, handicap or disability); claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one), and claims for violation of any federal, state, or other governmental law, statute, regulation, or ordinance, except claims excluded in the following paragraph. CLAIMS NOT COVERED BY THE AGREEMENT ---------------------------------- Claims I may have for workers' compensation or unemployment compensation benefits are not covered by this Agreement. Also not covered are claims by the Company for injunctive and/or other equitable relief for unfair competition and/or the use and/or unauthorized disclosure of trade secrets or confidential information, as well as claims by the Company for injunctive and/or other equitable relief for matters regarding any loan(s) or savings or checking accounts the Employee may obtain or maintain with the Company, as to which I [LOGO OF COAST FEDERAL BANK] understand and agree that the Company may seek and obtain relief from a court of competent jurisdiction. REQUIRED NOTICE OF ALL CLAIMS ----------------------------- The Company and Employee agree that, as the first step to starting the arbitration process, the aggrieved party must give written notice of any claim to the other party within the applicable statute of limitation period. Written notice to the Company, or its officers, directors, employees or agents, shall be sent to Human Resources Division of the Company at Coast Federal Bank, 00000 Xxxxxxxxxx Xxxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx, attention Human Resources Director. The Employee will be given written notice at the last recorded in my personnel file. The written notice shall identify and describe the nature of all claims asserted and the facts upon which such claims are based. The notice shall be sent to the other party by certified or registered mail, return receipt requested. REPRESENTATION -------------- Any party may be represented by an attorney or other representative selected by the party. DISCOVERY --------- Each party shall have the right to take the deposition of one individual and any expert witness designated by another party. Each party also shall have the right to make requests for production of documents to any party. The subpoena right specified below shall be applicable to discovery pursuant to this paragraph. Additional discovery may be had only where the Arbitrator selected pursuant to this Agreement so orders, upon a showing of substantial need. DESIGNATION OF WITNESSES ------------------------ At least 30 days before the arbitration, the parties must exchange lists of witnesses, including any expert, and copies of all exhibits intended to be used at the arbitration. SUBPOENAS --------- Each party shall have the right to subpoena witnesses and documents for the arbitration. [LOGO OF COAST FEDERAL BANK] ARBITRATION PROCEDURES ----------------------

Appears in 5 contracts

Samples: Employment Agreement (Coast Savings Financial Inc), Employment Agreement (Coast Savings Financial Inc), Employment Agreement (Coast Savings Financial Inc)

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Claims Covered by the Agreement. The Company and I mutually consent to the resolution by arbitration of all claims or controversies ("claims"), whether or not arising out of my employment (or its termination), that the Company may have against me or that I may have against the Company or against its officers, directors, employees or agents in their capacity as such or otherwise. The claims covered by this Agreement are claims that would normally, absent this Agreement, be cognizable by a court of law, and include, but are not limited to, claims of for wages or other compensation due; claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination and harassment (including, but not limited to, race, sex, sexual orientation, religion, national origin, age, marital status, or medical condition, handicap or disability); claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one), ; and claims for violation of any federal, state, or other governmental law, statute, regulation, or ordinance, except claims excluded in the following paragraphsection entitled "Claims Not Covered by the Agreement." Except as otherwise provided in this Agreement, both the Company and I agree that neither of us shall initiate or prosecute any lawsuit or administrative action (other than an administrative charge of discrimination) in any way related to any claim covered by this Agreement. CLAIMS NOT COVERED BY THE AGREEMENT ---------------------------------- Claims I may have for workers' compensation or unemployment compensation benefits are not covered by this Agreement. Also not covered are claims by the Company for injunctive and/or other equitable relief including, but not limited to, claims for injunctive and/or other equitable relief for unfair competition and/or the use and/or unauthorized disclosure of trade secrets or confidential information, as well as claims by the Company for injunctive and/or other equitable relief for matters regarding any loan(s) or savings or checking accounts the Employee may obtain or maintain with the Company, as to which I [LOGO OF COAST FEDERAL BANK] understand and agree that the Company may seek and obtain relief from a court of competent jurisdiction. REQUIRED NOTICE OF ALL CLAIMS ----------------------------- AND STATUTE OF LIMITATIONS The Company and Employee I agree that, as the first step to starting the arbitration process, that the aggrieved party must give written notice of any claim to the other party within one (1) year of the applicable date the aggrieved party first has knowledge of the event giving rise to the claim; otherwise the claim shall be void and deemed waived even if there is a federal or state statute of limitation periodlimitations which would have given more time to pursue the claim. Written notice to the Company, or its officers, directors, employees or agents, shall be sent to Human Resources Division of its President at the Company at Coast Federal Bank, 00000 Xxxxxxxxxx Xxxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx, attention Human Resources DirectorCompany's then-current address. The Employee I will be given written notice at the last address recorded in my personnel file. The written notice shall identify and describe the nature of all claims asserted and the facts upon which such claims are based. The notice shall be sent to the other party by certified or registered mail, return receipt requested. REPRESENTATION -------------- Any party may be represented by an attorney or other representative selected by the party. DISCOVERY --------- Each party shall have the right to take the deposition of one individual and any expert witness designated by another party. Each party also shall have the right to make requests for production of documents to any party. The subpoena right specified below shall be applicable to discovery pursuant to this paragraph. Additional discovery may be had only where the Arbitrator selected pursuant to this Agreement so orders, upon a showing of substantial need. DESIGNATION OF WITNESSES ------------------------ At least 30 days before the arbitration, the parties must exchange lists of witnesses, including any expert, and copies of all exhibits intended to be used at the arbitration. SUBPOENAS --------- Each party shall have the right to subpoena witnesses and documents for the arbitration. [LOGO OF COAST FEDERAL BANK] ARBITRATION PROCEDURES ----------------------.

Appears in 2 contracts

Samples: Employment Agreement (Avnet Inc), Employment Agreement (Avnet Inc)

Claims Covered by the Agreement. The Company and I mutually consent to the resolution by arbitration of all claims or controversies ("claims"), whether or not arising out of my employment engagement by the Company as an employee or consultant (or its terminationthe termination of such engagement), that the Company may have against me or that I may have against the Company or against its officers, directors, employees or agents in their capacity as such or otherwise. The claims covered by this Agreement are claims that would normally, absent this Agreement, be cognizable by a court of law, and include, but are not limited to, claims of for wages or other compensation due; claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination and harassment (including, but not limited to, race, sex, sexual orientation, religion, national originoriginal, age, marital status, or medical condition, handicap or disability); claims for benefits (except where an any employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one), ; and claims for violation of any federal, state, or other governmental law, statute, regulation, or ordinance, except claims excluded in the following paragraphsection entitled "Claims Not Covered by the Agreement". Except as otherwise provided in this Agreement, both the Company and I agree that neither of us shall initiate or prosecute any lawsuit or administrative action (other than an administrative charge of discrimination) in any way related to any claim covered by this Agreement. CLAIMS NOT COVERED BY THE AGREEMENT ---------------------------------- AGREEMENT. Claims I may have for workers' compensation or unemployment compensation benefits are not covered by this Agreement. Also not covered are claims by the Company for injunctive and/or other equitable relief including, but not limited to, claims for injunctive and/or other equitable relief for unfair competition and/or the use and/or unauthorized disclosure of trade secrets or confidential information, as well as claims by the Company for injunctive and/or other equitable relief for matters regarding any loan(s) or savings or checking accounts the Employee may obtain or maintain with the Company, as to which I [LOGO OF COAST FEDERAL BANK] understand and agree that the Company may seek and obtain relief from a court of competent jurisdiction. REQUIRED NOTICE OF ALL CLAIMS ----------------------------- AND STATUTE OF LIMITATIONS. The Company and Employee I agree that, as the first step to starting the arbitration process, that the aggrieved party must give written notice of any claim to the other party within one (1) year of the applicable date the aggrieved party first has knowledge of the event giving rise to the claim; otherwise the claim shall be void and deemed waived even if there is a federal or state statute of limitation periodlimitations which would have given more time to pursue the claim. Written notice to the Company, or its officers, directors, employees or agents, shall be sent to Human Resources Division of its President at the Company at Coast Federal Bank, 00000 Xxxxxxxxxx Xxxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx, attention Human Resources DirectorCompany's then-current address. The Employee I will be given written notice at the last address recorded in my personnel file. The written notice shall identify and describe the nature of all claims asserted and the facts upon which such claims are based. The notice shall be sent to the other party by certified or registered mail, return receipt requested. REPRESENTATION -------------- Any party may be represented by an attorney or other representative selected by the party. DISCOVERY --------- Each party shall have the right to take the deposition of one individual and any expert witness designated by another party. Each party also shall have the right to make requests for production of documents to any party. The subpoena right specified below shall be applicable to discovery pursuant to this paragraph. Additional discovery may be had only where the Arbitrator selected pursuant to this Agreement so orders, upon a showing of substantial need. DESIGNATION OF WITNESSES ------------------------ At least 30 days before the arbitration, the parties must exchange lists of witnesses, including any expert, and copies of all exhibits intended to be used at the arbitration. SUBPOENAS --------- Each party shall have the right to subpoena witnesses and documents for the arbitration. [LOGO OF COAST FEDERAL BANK] ARBITRATION PROCEDURES ----------------------.

Appears in 2 contracts

Samples: Employment Agreement (Avnet Inc), Employment Agreement (Avnet Inc)

Claims Covered by the Agreement. The Company and I mutually consent to the resolution by arbitration of all claims or controversies ("claims"), whether or not arising out of my employment (or its termination), that the Company may have against me or that I may have against the Company or against its officers, directors, employees or agents in their capacity as such or otherwise. The claims covered by this Agreement are claims that would normally, absent this Agreement, be cognizable by a court of law, and include, but are not limited to, claims of for wages or other compensation due; claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination and harassment (including, but not limited to, race, sex, sexual orientation, religion, national origin, age, marital status, or medical condition, handicap or disability); claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one), ; and claims for violation of any federal, state, or other governmental law, statute, regulation, or ordinance, except claims excluded in the following paragraphsection entitled "Claims Not Covered by the Agreement." Except as otherwise provided in this Agreement, both the Company and I agree that neither of us shall initiate or prosecute any lawsuit or administrative action (other than an administrative charge of discrimination) in any way related to any claim covered by this Agreement. CLAIMS NOT COVERED BY THE AGREEMENT ---------------------------------- Claims I may have for workers' compensation or unemployment compensation benefits are not covered by this Agreement. Also not covered are claims by the Company for injunctive and/or other equitable relief including, but not limited to, claims for injunctive and/or other equitable relief for unfair competition and/or the use and/or unauthorized disclosure of trade secrets or confidential information, as well as claims by the Company for injunctive and/or other equitable relief for matters regarding any loan(s) or savings or checking accounts the Employee may obtain or maintain with the Company, as to which I [LOGO OF COAST FEDERAL BANK] understand and agree that the Company may seek and obtain relief from a court of competent jurisdiction. REQUIRED NOTICE OF ALL CLAIMS ----------------------------- The Company and Employee agree that, as the first step to starting the arbitration process, the aggrieved party must give written notice of any claim to the other party within the applicable statute of limitation period. Written notice to the Company, or its officers, directors, employees or agents, shall be sent to Human Resources Division of the Company at Coast Federal Bank, 00000 Xxxxxxxxxx Xxxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx, attention Human Resources Director. The Employee will be given written notice at the last recorded in my personnel file. The written notice shall identify and describe the nature of all claims asserted and the facts upon which such claims are based. The notice shall be sent to the other party by certified or registered mail, return receipt requested. REPRESENTATION -------------- Any party may be represented by an attorney or other representative selected by the party. DISCOVERY --------- Each party shall have the right to take the deposition of one individual and any expert witness designated by another party. Each party also shall have the right to make requests for production of documents to any party. The subpoena right specified below shall be applicable to discovery pursuant to this paragraph. Additional discovery may be had only where the Arbitrator selected pursuant to this Agreement so orders, upon a showing of substantial need. DESIGNATION OF WITNESSES ------------------------ At least 30 days before the arbitration, the parties must exchange lists of witnesses, including any expert, and copies of all exhibits intended to be used at the arbitration. SUBPOENAS --------- Each party shall have the right to subpoena witnesses and documents for the arbitration. [LOGO OF COAST FEDERAL BANK] ARBITRATION PROCEDURES ----------------------.

Appears in 2 contracts

Samples: Employment Agreement (Avnet Inc), Employment Agreement (Avnet Inc)

Claims Covered by the Agreement. The Company and I mutually consent to the resolution by arbitration of all claims or controversies ("claims"), whether or not arising out of my employment (or its termination), that the Company may have against me or that I may have against the Company or against its officers, directors, employees or agents in their capacity as such or otherwise. The claims covered by this Agreement are claims that would normally, absent this Agreement, be cognizable by a court of law, and include, but are not limited to, claims of for wages or other compensation due; claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination and harassment (including, but not limited to, race, sex, sexual orientation, religion, national origin, age, marital status, or medical condition, handicap or disability); claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one), ; and claims for violation of any federal, state, or other governmental law, statute, regulation, or ordinance, except claims excluded in the following paragraphsection entitled "Claims Not Covered by the Agreement." Except as otherwise provided in this Agreement, both the Company and I agree that neither of us shall initiate or prosecute any lawsuit or administrative action (other than an administrative charge of discrimination) in any way related to any claim covered by this Agreement. CLAIMS NOT COVERED BY THE AGREEMENT ---------------------------------- Claims I may have for workers' compensation or unemployment compensation benefits are not covered by this Agreement. Also not covered are claims by the Company for injunctive and/or other equitable relief including, but not limited to, claims for injunctive and/or other equitable relief for unfair competition and/or the use and/or unauthorized disclosure of trade secrets or confidential information, as well as claims by the Company for injunctive and/or other equitable relief for matters regarding any loan(s) or savings or checking accounts the Employee may obtain or maintain with the Company, as to which I [LOGO OF COAST FEDERAL BANK] understand and agree that the Company may seek and obtain relief from a court of competent jurisdiction. 10 REQUIRED NOTICE OF ALL CLAIMS ----------------------------- AND STATUTE OF LIMITATIONS -------------------------------------------------------- The Company and Employee I agree that, as the first step to starting the arbitration process, that the aggrieved party must give written notice of any claim to the other party within one (1) year of the applicable date of the aggrieved party first has knowledge of the event giving rise to the claim; otherwise the claim shall be void and deemed waived even if there is a federal or state statute of limitation periodlimitations which would have given more time to pursue the claim. Written notice to the Company, or its officers, directors, employees or agents, shall be sent to Human Resources Division of its President at the Company at Coast Federal Bank, 00000 Xxxxxxxxxx Xxxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx, attention Human Resources DirectorCompany's then-current address. The Employee I will be given written notice at the last address recorded in my personnel file. The written notice shall identify and describe the nature of all claims asserted and the facts upon which such claims are based. The notice shall be sent to the other party by certified or registered mail, return receipt requested. REPRESENTATION -------------- Any party may be represented by an attorney or other representative selected by the party. DISCOVERY --------- Each party shall have the right to take the deposition of one individual and any expert witness designated by another party. Each party also shall have the right to make propound requests for production of documents to any party. The subpoena right specified below shall be applicable to discovery pursuant to this paragraph. Additional discovery may be had only where the Arbitrator panel of arbitrators selected pursuant to this Agreement so orders, upon a showing of substantial need. DESIGNATION OF WITNESSES ------------------------ At least 30 thirty (30) days before the arbitration, the parties must exchange lists of witnesses, including any expertexperts, and copies of all exhibits intended to be used at the arbitration. SUBPOENAS --------- Each party shall have the right to subpoena witnesses and documents for the arbitration. [LOGO OF COAST FEDERAL BANK] ARBITRATION PROCEDURES -------------------------------------------- The Company and I agree that, except as provided in this Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures of the American Arbitration Association ("AAA") before a panel of three arbitrators who are licensed to practice law in the state where the arbitration is to take place ("the Panel"). The arbitration shall take place in or near the city in which I am or was last employed by the Company. The Panel shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) asserted. The Federal Rules of Evidence shall apply. The Panel, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The Panel shall render an award and opinion in the form typically rendered in labor arbitrations. The arbitration shall be final and binding upon the parties. The Panel shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person, as the Panel deems necessary. The

Appears in 1 contract

Samples: Employment Agreement (Avnet Inc)

Claims Covered by the Agreement. The Company and I mutually consent to the resolution by arbitration of all claims or controversies ("claims"), whether or not arising out of my employment engagement by the Company as an employee or consultant (or its terminationthe termination of such engagement), that the Company may have against me or that I may have against the Company or against its officers, directors, employees or agents in their capacity as such or otherwise. The claims covered by this Agreement are claims that would normally, absent this Agreement, be cognizable by a court of law, and include, but are not limited to, claims of for wages or other compensation due; claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination and harassment (including, but but, not limited to, race, sex, sexual orientation, religion, national origin, age, marital status, or medical condition, handicap or disability); claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one), ; and claims for violation of any federal, state, or other governmental law, statute, regulation, or ordinance, except claims excluded in the following paragraphsection entitled "Claims Not Covered by the Agreement." Except as otherwise provided in this Agreement, both the Company and I agree that neither of us shall initiate or prosecute any lawsuit or administrative action (other than an administrative charge of discrimination) in any way related to any claim covered by this Agreement. CLAIMS NOT COVERED BY THE AGREEMENT ---------------------------------- AGREEMENT. Claims I may have for workers' compensation or unemployment compensation benefits are not covered by this Agreement. Also not covered are claims by the Company for injunctive and/or other equitable relief including, but not limited to, claims for injunctive and/or other equitable relief for unfair competition and/or the use and/or unauthorized disclosure of trade secrets or confidential information, as well as claims by the Company for injunctive and/or other equitable relief for matters regarding any loan(s) or savings or checking accounts the Employee may obtain or maintain with the Company, as to which I [LOGO OF COAST FEDERAL BANK] understand and agree that the Company may seek and obtain relief from a court of competent jurisdiction. REQUIRED NOTICE OF ALL CLAIMS ----------------------------- AND STATUTE OF LIMITATIONS. The Company and Employee I agree that, as the first step to starting the arbitration process, that the aggrieved party must give written notice of any claim to the other party within one (1) year of the applicable date the aggrieved party first has knowledge of the event giving rise to the claim; otherwise the claim shall be void and deemed waived even if there is a federal or state statute of limitation periodlimitations which would have given more time to pursue the claim. Written notice to the Company, or its officers, directors, employees or agents, shall be sent to Human Resources Division of its President at the Company at Coast Federal Bank, 00000 Xxxxxxxxxx Xxxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx, attention Human Resources DirectorCompany's then-current address. The Employee I will be given written notice at the last address recorded in my personnel file. The written notice shall identify and describe the nature of all claims asserted and the facts upon which such claims are based. The notice shall be sent to the other party by certified or registered mail, return receipt requested. REPRESENTATION -------------- Any party may be represented by an attorney or other representative selected by the party. DISCOVERY --------- Each party shall have the right to take the deposition of one individual and any expert witness designated by another party. Each party also shall have the right to make requests for production of documents to any party. The subpoena right specified below shall be applicable to discovery pursuant to this paragraph. Additional discovery may be had only where the Arbitrator selected pursuant to this Agreement so orders, upon a showing of substantial need. DESIGNATION OF WITNESSES ------------------------ At least 30 days before the arbitration, the parties must exchange lists of witnesses, including any expert, and copies of all exhibits intended to be used at the arbitration. SUBPOENAS --------- Each party shall have the right to subpoena witnesses and documents for the arbitration. [LOGO OF COAST FEDERAL BANK] ARBITRATION PROCEDURES ----------------------.

Appears in 1 contract

Samples: Employment Agreement (Avnet Inc)

Claims Covered by the Agreement. The Company and I mutually consent to the resolution by arbitration of all claims or controversies ("claims"), whether or not arising out of my employment (or its termination), that the Company may have against me or that I may have against the Company or against its officers, directors, employees or agents in their capacity as such or otherwise. The claims covered by this Agreement are claims that would normally, absent this Agreement, be cognizable by a court of law, and include, but are not limited to, claims of for wages or other compensation due; claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination and harassment (including, but not limited to, race, sex, sexual orientation, religion, national origin, age, marital status, or medical condition, handicap or disability); claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one), ; and claims for violation of any federal, state, or other governmental law, statute, regulation, or ordinance, except claims excluded in the following paragraphsection entitled "Claims Not Covered by the Agreement." Except as otherwise provided in this Agreement, both the Company and I agree that neither of us shall initiate or prosecute any lawsuit or administrative action (other than an administrative charge of discrimination) in any way related to any claim covered by this Agreement. CLAIMS NOT COVERED BY THE AGREEMENT ---------------------------------- Claims I may have for workers' compensation or unemployment compensation benefits are not covered by this Agreement. Also not covered are claims by the Company for injunctive and/or other equitable relief including, but not limited to, claims for injunctive and/or other equitable relief for unfair competition and/or the use and/or unauthorized disclosure of trade secrets or confidential information, as well as claims by the Company for injunctive and/or other equitable relief for matters regarding any loan(s) or savings or checking accounts the Employee may obtain or maintain with the Company, as to which I [LOGO OF COAST FEDERAL BANK] understand and agree that the Company may seek and obtain relief from a court of competent jurisdiction. 10 REQUIRED NOTICE OF ALL CLAIMS ----------------------------- AND STATUTE OF LIMITATIONS The Company and Employee I agree that, as the first step to starting the arbitration process, that the aggrieved party must give written notice of any claim to the other party within one (1) year of the applicable date the aggrieved party first has knowledge of the event giving rise to the claim; otherwise the claim shall be void and deemed waived even if there is a federal or state statute of limitation periodlimitations which would have given more time to pursue the claim. Written notice to the Company, or its officers, directors, employees or agents, shall be sent to Human Resources Division of its President at the Company at Coast Federal Bank, 00000 Xxxxxxxxxx Xxxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx, attention Human Resources DirectorCompany's then-current address. The Employee I will be given written notice at the last address recorded in my personnel file. The written notice shall identify and describe the nature of all claims asserted and the facts upon which such claims are based. The notice shall be sent to the other party by certified or registered mail, return receipt requested. REPRESENTATION -------------- Any party may be represented by an attorney or other representative selected by the party. DISCOVERY --------- Each party shall have the right to take the deposition of one individual and any expert witness designated by another party. Each party also shall have the right to make requests for production of documents to any party. The subpoena right specified below shall be applicable to discovery pursuant to this paragraph. Additional discovery may be had only where the Arbitrator selected pursuant to this Agreement so orders, upon a showing of substantial need. DESIGNATION OF WITNESSES ------------------------ At least 30 days before the arbitration, the parties must exchange lists of witnesses, including any expert, and copies of all exhibits intended to be used at the arbitration. SUBPOENAS --------- Each party shall have the right to subpoena witnesses and documents for the arbitration. [LOGO OF COAST FEDERAL BANK] ARBITRATION PROCEDURES ----------------------.

Appears in 1 contract

Samples: Employment Agreement (Avnet Inc)

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Claims Covered by the Agreement. The Company and I mutually consent to the resolution by arbitration of all claims or controversies ("claims"), whether or not arising out of my employment (or its termination), that the Company may have against me or that I may have against the Company or against its officers, directors, employees or agents in their capacity as such or otherwise. The claims covered by this Agreement are claims that would normally, absent this Agreement, be cognizable by a court of law, and include, but are not limited to, claims of for wages or other compensation due; claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination and harassment (including, but not limited to, race, sex, sexual orientation, religion, national origin, age, marital status, or medical condition, handicap or disability); claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one), ; and claims for violation of any federal, state, or other governmental law, statute, regulation, or ordinance, except claims excluded in the following paragraphsection entitled "Claims Not Covered by the Agreement." Except as otherwise provided in this Agreement, both the Company and I agree that neither of us shall initiate or prosecute any lawsuit or administrative action (other than an administrative charge of discrimination) in any way related to any claim covered by this Agreement. CLAIMS NOT COVERED BY THE AGREEMENT ---------------------------------- 7 Claims I may have for workers' compensation or unemployment compensation benefits are not covered by this Agreement. Also not covered are claims by the Company for injunctive and/or other equitable relief including, but not limited to, claims for injunctive and/or other equitable relief for unfair competition and/or the use and/or unauthorized disclosure of trade secrets or confidential information, as well as claims by the Company for injunctive and/or other equitable relief for matters regarding any loan(s) or savings or checking accounts the Employee may obtain or maintain with the Company, as to which I [LOGO OF COAST FEDERAL BANK] understand and agree that the Company may seek and obtain relief from a court of competent jurisdiction. REQUIRED NOTICE OF ALL CLAIMS ----------------------------- AND STATUTE OF LIMITATIONS The Company and Employee I agree that, as the first step to starting the arbitration process, that the aggrieved party must give written notice of any claim to the other party within one (1) year of the applicable date the aggrieved party first has knowledge of the event giving rise to the claim; otherwise the claim shall be void and deemed waived even if there is a federal or state statute of limitation periodlimitations which would have given more time to pursue the claim. Written notice to the Company, or its officers, directors, employees or agents, shall be sent to Human Resources Division of its President at the Company at Coast Federal Bank, 00000 Xxxxxxxxxx Xxxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx, attention Human Resources DirectorCompany's then-current address. The Employee I will be given written notice at the last address recorded in my personnel file. The written notice shall identify and describe the nature of all claims asserted and the facts upon which such claims are based. The notice shall be sent to the other party by certified or registered mail, return receipt requested. REPRESENTATION -------------- Any party may be represented by an attorney or other representative selected by the party. DISCOVERY --------- Each party shall have the right to take the deposition of one individual and any expert witness designated by another party. Each party also shall have the right to make requests for production of documents to any party. The subpoena right specified below shall be applicable to discovery pursuant to this paragraph. Additional discovery may be had only where the Arbitrator selected pursuant to this Agreement so orders, upon a showing of substantial need. DESIGNATION OF WITNESSES ------------------------ At least 30 days before the arbitration, the parties must exchange lists of witnesses, including any expert, and copies of all exhibits intended to be used at the arbitration. SUBPOENAS --------- Each party shall have the right to subpoena witnesses and documents for the arbitration. [LOGO OF COAST FEDERAL BANK] ARBITRATION PROCEDURES ----------------------.

Appears in 1 contract

Samples: Employment Agreement (Avnet Inc)

Claims Covered by the Agreement. The Company and I mutually consent to the resolution by arbitration of all claims or controversies ("claimsClaims"), whether or not arising out of my employment (or its termination), that the Company may have against me or that I may have against the Company or against its officers, directors, employees or agents in their capacity as such or otherwise. The claims covered by this Agreement are claims that would normally, absent this Agreement, be cognizable by a court of law, and include, but are not limited to, claims of for wages or other compensation due; claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination and harassment (including, but not limited to, race, sex, sexual orientation, religion, national origin, age, marital status, or medical condition, handicap or disability); claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one), ; and claims for violation of any federal, state, or other governmental law, statute, regulation, regulation or ordinance, except claims excluded in the following paragraphsection entitled "Claims Not Covered by the Agreement." Except as otherwise provided in this Agreement, both the Company and I agree that neither of us shall initiate or prosecute any lawsuit or administrative action (other than an administrative charge of discrimination) in any way related to any claim covered by this Agreement. CLAIMS NOT COVERED BY THE AGREEMENT ---------------------------------- Claims I may have for workers' compensation or unemployment compensation benefits are not covered by this Agreement. Also not covered are claims by the Company for injunctive and/or other equitable relief including, but not limited to, claims for injunctive and/or other equitable relief for unfair 7 competition and/or the use and/or unauthorized disclosure of trade secrets or confidential information, as well as claims by the Company for injunctive and/or other equitable relief for matters regarding any loan(s) or savings or checking accounts the Employee may obtain or maintain with the Company, as to which I [LOGO OF COAST FEDERAL BANK] understand and agree that the Company may seek and obtain relief from a court of competent jurisdiction. REQUIRED NOTICE OF ALL CLAIMS ----------------------------- AND STATUTE OF LIMITATIONS The Company and Employee I agree that, as the first step to starting the arbitration process, that the aggrieved party must give written notice of any claim to the other party within one (1) year of the applicable date the aggrieved party first has knowledge of the event giving rise to the Claim; otherwise the claim shall be void and deemed waived even if there is a federal or state statute of limitation periodlimitations which would have given more time to pursue the Claim. Written notice to the Company, or its officers, directors, employees or agents, shall be sent to Human Resources Division of its Chief Executive Officer at the Company at Coast Federal Bank, 00000 Xxxxxxxxxx Xxxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx, attention Human Resources DirectorCompany's then-current address. The Employee I will be given written notice at the last address recorded in my personnel file. The written notice shall identify and describe the nature of all claims Claims asserted and the facts upon which such claims Claims are based. The notice shall be sent to the other party by certified or registered mail, return receipt requested. REPRESENTATION -------------- Any party may be represented by an attorney or other representative selected by the party. DISCOVERY --------- Each party shall have the right to take the deposition of one individual and any expert witness designated by another party. Each party also shall have the right to make requests for production of documents to any party. The subpoena right specified below shall be applicable to discovery pursuant to this paragraph. Additional discovery may be had only where the Arbitrator selected pursuant to this Agreement so orders, upon a showing of substantial need. DESIGNATION OF WITNESSES ------------------------ At least 30 days before the arbitration, the parties must exchange lists of witnesses, including any expert, and copies of all exhibits intended to be used at the arbitration. SUBPOENAS --------- Each party shall have the right to subpoena witnesses and documents for the arbitration. [LOGO OF COAST FEDERAL BANK] ARBITRATION PROCEDURES ----------------------.

Appears in 1 contract

Samples: Employment Agreement (Avnet Inc)

Claims Covered by the Agreement. The Company and I mutually consent to the resolution by arbitration of all claims or controversies ("claims"), past, present or future, whether or not arising out of my employment (or its termination), that the Company may have against me or that I may have against any of the Company or against following (1) the Company, (2) its officers, directors, employees or agents in their capacity as such or otherwise, (3) the Company’s parent, subsidiary and affiliated entities, (4) the Company’s benefit plans or the plans' sponsors, fiduciaries, administrators, affiliates and agents, and/or (5) all successors and assigns of any of them. The only claims that are arbitrable are those that, in the absence of this Agreement, would have been justiciable under applicable state or federal law. The claims covered by this Agreement are claims that would normally, absent this Agreement, be cognizable by a court of law, and include, but are not limited to, : claims of for wages or other compensation due; claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination (including, but not limited to, race, sex, sexual orientation, religion, national origin, age, marital status, physical or mental disability or handicap, or medical condition, handicap or disability); claims for benefits (except where claims under an employee I benefit or pension plan that either (1) specifies that its claims procedure shall culminate in an arbitration procedure different from this one, or (2) is underwritten by a commercial insurer which decides claims), ; and claims for violation of any federal, state, or other governmental law, statute, regulation, or ordinance, except claims excluded in the following paragraph. CLAIMS NOT COVERED BY THE AGREEMENT ---------------------------------- section of this Agreement entitled “Claims Not Covered By The Agreement.” Except as otherwise provided in this Agreement, both the Company and I may have for workers' compensation agree that neither of us shall initiate or unemployment compensation benefits are not prosecute any lawsuit or administrative action (other than an administrative charge of discrimination to the Equal Employment Opportunity Commission, California Department of Fair Employment and Housing or similar fair employment practices agency, or an administrative charge within the jurisdiction of the National Labor Relations Board), in any way related to any claim covered by this Agreement. Also not covered are claims by the Company for injunctive and/or other equitable relief for unfair competition and/or the use and/or unauthorized disclosure of trade secrets or confidential information, as well as claims by the Company for injunctive and/or other equitable relief for matters regarding any loan(s) or savings or checking accounts the Employee may obtain or maintain with the Company, as to which I [LOGO OF COAST FEDERAL BANK] understand and agree that the Company may seek and obtain relief from a court of competent jurisdiction. REQUIRED NOTICE OF ALL CLAIMS ----------------------------- The Company and Employee agree that, as the first step to starting the arbitration process, the aggrieved party must give written notice of any claim to the other party within the applicable statute of limitation period. Written notice to the Company, or its officers, directors, employees or agents, shall be sent to Human Resources Division of the Company at Coast Federal Bank, 00000 Xxxxxxxxxx Xxxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx, attention Human Resources Director. The Employee will be given written notice at the last recorded in my personnel file. The written notice shall identify and describe the nature of all claims asserted and the facts upon which such claims are based. The notice shall be sent to the other party by certified or registered mail, return receipt requested. REPRESENTATION -------------- Any party may be represented by an attorney or other representative selected by the party. DISCOVERY --------- Each party shall have the right to take the deposition of one individual and any expert witness designated by another party. Each party also shall have the right to make requests for production of documents to any party. The subpoena right specified below shall be applicable to discovery pursuant to this paragraph. Additional discovery may be had only where the Arbitrator selected pursuant to this Agreement so orders, upon a showing of substantial need. DESIGNATION OF WITNESSES ------------------------ At least 30 days before the arbitration, the parties must exchange lists of witnesses, including any expert, and copies of all exhibits intended to be used at the arbitration. SUBPOENAS --------- Each party shall have the right to subpoena witnesses and documents for the arbitration. [LOGO OF COAST FEDERAL BANK] ARBITRATION PROCEDURES ----------------------.

Appears in 1 contract

Samples: Stock and Limited Partnership Interest Purchase Agreement (Charys Holding Co Inc)

Claims Covered by the Agreement. The Company and I mutually consent to the resolution by arbitration of all claims or controversies ("claimsClaims"), whether or not arising out of my employment (or its termination), that the Company may have against me or that I may have against the Company or against its officers, directors, employees or agents in their capacity as such or otherwise. The claims covered by this Agreement are claims that would normally, absent this Agreement, be cognizable by a court of law, and include, but are not limited to, claims of for wages or other compensation due; claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination and harassment (including, but not limited to, race, sex, sexual orientation, religion, national origin, age, marital status, or medical condition, handicap or disability); claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one), ; and claims for violation of any federal, state, or other governmental law, statute, regulation, regulation or ordinance, except claims excluded in the following paragraphsection entitled "Claims Not Covered by the Agreement." Except as otherwise provided in this Agreement, both the Company and I agree that neither of us shall initiate or prosecute any lawsuit or administrative action (other than an administrative charge of discrimination) in any way related to any claim covered by this Agreement. CLAIMS NOT COVERED BY THE AGREEMENT ---------------------------------- Claims I may have for workers' compensation or unemployment compensation benefits are not covered by this Agreement. Also not covered are claims by the Company for injunctive and/or other equitable relief including, but not limited to, claims for injunctive and/or other equitable relief for unfair 8 competition and/or the use and/or unauthorized disclosure of trade secrets or confidential information, as well as claims by the Company for injunctive and/or other equitable relief for matters regarding any loan(s) or savings or checking accounts the Employee may obtain or maintain with the Company, as to which I [LOGO OF COAST FEDERAL BANK] understand and agree that the Company may seek and obtain relief from a court of competent jurisdiction. REQUIRED NOTICE OF ALL CLAIMS ----------------------------- AND STATUTE OF LIMITATIONS The Company and Employee I agree that, as the first step to starting the arbitration process, that the aggrieved party must give written notice of any claim to the other party within one (1) year of the applicable date the aggrieved party first has knowledge of the event giving rise to the Claim; otherwise the claim shall be void and deemed waived even if there is a federal or state statute of limitation periodlimitations which would have given more time to pursue the Claim. Written notice to the Company, or its officers, directors, employees or agents, shall be sent to Human Resources Division of its Chief Executive Officer at the Company at Coast Federal Bank, 00000 Xxxxxxxxxx Xxxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx, attention Human Resources DirectorCompany's then-current address. The Employee I will be given written notice at the last address recorded in my personnel file. The written notice shall identify and describe the nature of all claims Claims asserted and the facts upon which such claims Claims are based. The notice shall be sent to the other party by certified or registered mail, return receipt requested. REPRESENTATION -------------- Any party may be represented by an attorney or other representative selected by the party. DISCOVERY --------- Each party shall have the right to take the deposition of one individual and any expert witness designated by another party. Each party also shall have the right to make requests for production of documents to any party. The subpoena right specified below shall be applicable to discovery pursuant to this paragraph. Additional discovery may be had only where the Arbitrator selected pursuant to this Agreement so orders, upon a showing of substantial need. DESIGNATION OF WITNESSES ------------------------ At least 30 days before the arbitration, the parties must exchange lists of witnesses, including any expert, and copies of all exhibits intended to be used at the arbitration. SUBPOENAS --------- Each party shall have the right to subpoena witnesses and documents for the arbitration. [LOGO OF COAST FEDERAL BANK] ARBITRATION PROCEDURES ----------------------.

Appears in 1 contract

Samples: Employment Agreement (Avnet Inc)

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