Claims Not Covered By This Arbitration Agreement. This Arbitration Agreement does not apply to or cover the following claims related to your investment in the Company: (a) claims brought in a court of competent jurisdiction to compel arbitration under this Arbitration Agreement, to enforce or vacate an arbitration award, or to obtain preliminary, injunctive and/or other equitable relief in support of claims to be prosecuted in an arbitration by any party; (b) any claim by the Company or other Covered Person seeking to enforce or protect, or concerning the validity of, any of their respective intellectual property rights; and (c) any other claim not properly arbitrable under the law or otherwise prohibited by law from being arbitrated.
Claims Not Covered By This Arbitration Agreement. Claims Executive may have for workers’ compensation or unemployment compensation benefits are not covered by this Arbitration 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 to which Executive understands and agrees that the Company may seek and obtain relief from a court of competent jurisdiction.
Claims Not Covered By This Arbitration Agreement. This Arbitration Agreement does not apply to or cover the following claims related to your employment by the Company: (a) claims for workers’ compensation benefits; (b) claims for unemployment compensation benefits; (c) claims brought in a court of competent jurisdiction to compel arbitration under this Arbitration Agreement, to enforce or vacate an arbitration award, or to obtain preliminary, injunctive and/or other equitable relief in support of claims to be prosecuted in an arbitration by either party; (d) claims based upon a pension or benefit plan that contains an arbitration or other dispute resolution procedure, in which case the provisions of such plan shall apply; (e) any whistleblower claims brought under the Xxxxxxxx-Xxxxx Act of 2002; and (f) any other claim not properly arbitrable under the law or otherwise prohibited by law from being arbitrated . Notwithstanding the unavailability of class or collective arbitration under this Agreement, nothing herein is intended to limit an employee’s rights that exist under the National Labor Relations Act and you will not experience any retaliation for exercising such rights.
Claims Not Covered By This Arbitration Agreement. This Arbitration Agreement expressly does not cover, and does not apply to, claims arising under the National Labor Relations Act which are actually brought before the National Labor Relations Board, claims for medical and disability benefits under the California Workers’ Compensation Act, Employment Development Department claims, or as otherwise required by state or federal law. In the event it is determined that one or more of Employee’s claims against the District are not arbitrable, the Parties agree that the arbitrable claims will be resolved first pursuant to this Arbitration Agreement, and any non-arbitrable claims shall be stayed pending the resolution of the arbitrable claims. Nothing herein shall prevent Employee from filing and pursuing proceedings before the California Department of Fair Employment and Housing, the United States Equal Employment Opportunity Commission, the National Labor Relations Board, or other similar administrative agency (although if Employee chooses to pursue a claim following the exhaustion of such administrative remedies, that claim would be subject to the provisions of this Arbitration Agreement). This Arbitration Agreement does not cover any small claims action which either Employee or the District actually bring pursuant to California Code of Civil Procedure § 116.110 et seq., as well as any claim requiring injunctive relief.
Claims Not Covered By This Arbitration Agreement. The arbitration clause of Section 1 shall not apply to the following claims: Claims within the jurisdiction of a small claims court that either Party elects to file in such a court, as long as the matter remains in such court (or, solely for appealing the judgment of the small claims court and not for removing the original trial of the Claim therefrom, in such other court as the applicable law may designate for such appeals) and advances only an individual (non-class, non-collective, non-consolidated, and non-representative) Claim. Claims for workers compensation, state disability insurance, or unemployment insurance benefits. Claims brought before an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or charges brought before the Equal Employment Opportunity Commission (xxx.xxxx.xxx), the U.S. Department of Labor (xxx.xxx.xxx), the National Labor Relations Board (xxx.xxxx.xxx), and the Office of Federal Contract Compliance Programs (xxx.xxx.xxx/xxx/xxxxx). Nothing in this Arbitration Agreement shall be deemed to excuse a Party from bringing an administrative claim before any agency in order to fulfill the Party's obligation to exhaust administrative remedies before making a claim in arbitration. Claims that may not be the subject of a mandatory arbitration agreement as provided by Section 8116 of the Department of Defense ("DOD") Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118), Section 8102 of the DOD Appropriations Act for Fiscal Year 2011 (Pub. L. 112-10, Division A), and their implementing regulations, or any other DOD appropriations act addressing the arbitrability of such claims. Claims brought under the California Private Attorney General Act, Cal. Lab. Code § 2698, et seq. (“PAGA”), pursuant to which Contractor seeks to recover civil penalties (a portion of which would be allocated to the California Labor and Workforce Development Agency) on behalf of anyone who has provided services to Buchheit other than Contractor. For the avoidance of doubt, private claims pursuant to which Contractor seeks claimant-specific relief (e.g. statutory damages), including claims alleging violations of the California Labor Code that may be the predicate of a PAGA claim for civil penalties, are covered by this Arbitration Agreement unless applicable law requires that they be adjudicated before an administrative agency...
