Common use of Confidential Arbitration Clause in Contracts

Confidential Arbitration. The parties hereto agree that any dispute concerning or arising out of the provisions of this Agreement, Executive’s employment or termination of Executive’s employment shall be resolved by confidential arbitration in accordance with the rules of the American Arbitration Association, Such confidential arbitration shall be held in Tampa, Florida, and the decision of the arbitrator(s) shall be conclusive and binding on the parties and shall be enforceable in any court of competent jurisdiction. The arbitrator may, in his or her discretion, award attorney’s fees and costs to such party as he or she sees fit in rendering his or her decision. Notwithstanding the foregoing, if any dispute arises hereunder as to which the Company desires to exercise any rights or remedies under Section 9.1 hereof, the Company may, in its discretion, in lieu of submitting the matter to arbitration, bring an action thereon in any court of competent jurisdiction in Tampa, Florida, which court may grant any and all relief available in equity or at law. In any such action, the prevailing party shall be entitled to reasonable attorneys’ fees and costs as may be awarded by the court. This Section 10.11 shall have no force and effect following a Change of Control.