Common use of Dispute Resolution and Binding Arbitration Clause in Contracts

Dispute Resolution and Binding Arbitration. Executive and the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, except disputes relating to Section 7 through 10 and Section 13 of this Agreement as to which the provisions of this Section 15.4 shall not apply, such dispute shall be submitted to binding arbitration in accordance with the employment arbitration rules of American Arbitration Association ("AAA") by a single impartial arbitrator selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, the parties shall request a panel of ten (10) employment arbitrators from AAA and alternatively strike names until a single arbitrator remains. The arbitration shall take place in Los Angeles, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with AAA's rules and procedures. Except as set forth in Sections 7 through 10 and 13 hereof, Executive and the Company agree that the arbitration procedure provided for in this section will be the exclusive avenue of redress for any disputes relating to or arising from Executive's employment with the Company, and that the award of the arbitrator shall be final and binding on both parties, and nonappealable. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrator deems appropriate. The arbitrator shall also have discretion to award the prevailing party reasonable costs and attorneys' fees incurred in bringing or defending an action under this provision. EXECUTIVE AND THE COMPANY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE THE DISPUTES COVERED BY THIS SECTION 15.4, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY WITH RESPECT TO SUCH DISPUTES. Each party will pay the fees of their respective attorneys, the expenses of their witnesses, costs of any record or transcript of the arbitration, and any other expenses connected with the arbitration that such party might be expected to incur had the dispute been subject to resolution in court, but all costs of the arbitration that would not be incurred by the parties if the dispute was litigated in court, including fees of the arbitrator and any arbitration association administrative fees will be paid by the Company.

Dispute Resolution and Binding Arbitration. Executive and a. YOU AND SANS XXXXXX ART GLASS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. b. The arbitration will be administered by the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, except disputes relating to Section 7 through 10 and Section 13 of this Agreement as to which the provisions of this Section 15.4 shall not apply, such dispute shall be submitted to binding arbitration in accordance with the employment arbitration rules of American Arbitration Association ("AAA") by a single impartial arbitrator selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, the parties shall request a panel of ten (10) employment arbitrators from AAA and alternatively strike names until a single arbitrator remains. The arbitration shall take place in Los Angeles, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with AAA's rules the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 11. (The AAA Rules are available at xxx.xxx.xxx/xxx_xxx or by calling the AAA at 0-000-000-0000.) The Federal Arbitration Act will govern the interpretation and proceduresenforcement of this section. Except as set forth in Sections 7 through 10 and 13 hereofThe arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or enforceability of this arbitration provision, Executive and the Company agree including any unconscionability challenge or any other challenge that the arbitration procedure provided for in this section provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be the exclusive avenue of redress for any disputes relating empowered to grant whatever relief would be available in court under law or arising from Executive's employment with the Company, and that the in equity. Any award of the arbitrator shall arbitrator(s) will be final and binding on both each of the parties, and nonappealablemay be entered as a judgment in any court of competent jurisdiction. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrator deems appropriateWe will be responsible for paying any individual consumer's arbitration fees. The arbitrator shall also have discretion to award If you prevail on any claim that affords the prevailing party reasonable costs and attorneys' fees, the arbitrator may award reasonable fees incurred to you under the standards for fee shifting provided by law. c. You may elect to pursue your claim in bringing small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or defending small-claims court proceeding will be limited solely to your individual dispute or controversy. d. You agree to an action under this provisionarbitration on an individual basis. EXECUTIVE AND THE COMPANY ACKNOWLEDGE AND AGREE THAT In any dispute, NEITHER YOU NOR SANS XXXXXX ART GLASS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY AGREEING TO ARBITRATE THE DISPUTES COVERED BY THIS SECTION 15.4OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER CLASS MEMBER OR IN A COURT OF LAWPRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY WITH RESPECT TO SUCH DISPUTESand may not otherwise preside over any form of a representative or class proceeding. Each party will pay The arbitral tribunal has no power to consider the fees enforceability of their respective attorneysthis class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the expenses of their witnesses, costs of any record or transcript of the arbitration, and any other expenses connected with the arbitration that such party might be expected to incur had the dispute been subject to resolution in court, but all costs of the arbitration that would not be incurred by the parties if the dispute was litigated in court, including fees of the arbitrator and any arbitration association administrative fees unenforceable provision will be paid by severed and the Companyremaining arbitration terms will be enforced.

Dispute Resolution and Binding Arbitration. Executive and (a) YOU AND LAKSHMI NUTRACEUTICALS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. (b) The arbitration will be administered by the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, except disputes relating to Section 7 through 10 and Section 13 of this Agreement as to which the provisions of this Section 15.4 shall not apply, such dispute shall be submitted to binding arbitration in accordance with the employment arbitration rules of American Arbitration Association ("AAA") by a single impartial arbitrator selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, the parties shall request a panel of ten (10) employment arbitrators from AAA and alternatively strike names until a single arbitrator remains. The arbitration shall take place in Los Angeles, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with AAA's rules the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 11. The Federal Arbitration Act will govern the interpretation and proceduresenforcement of this section. Except as set forth in Sections 7 through 10 and 13 hereofThe arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, Executive and the Company agree including any unconscionability challenge or any other challenge that the arbitration procedure provided for in this section provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be the exclusive avenue of redress for any disputes relating empowered to grant whatever relief would be available in court under law or arising from Executive's employment with the Company, and that the in equity. Any award of the arbitrator shall arbitrator(s) will be final and binding on both partieseach of the parties and may be entered as a judgment in any court of competent jurisdiction.‌ (c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR LAKSHMI NUTRACEUTICALS, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.‌ If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and nonappealable. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrator deems appropriate. The arbitrator shall also have discretion to award the prevailing party reasonable costs and attorneys' fees incurred in bringing or defending an action under this provision. EXECUTIVE AND THE COMPANY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE THE DISPUTES COVERED BY THIS SECTION 15.4, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY WITH RESPECT TO SUCH DISPUTES. Each party will pay the fees of their respective attorneys, the expenses of their witnesses, costs of any record or transcript of the arbitration, and any other expenses connected with the remaining arbitration that such party might be expected to incur had the dispute been subject to resolution in court, but all costs of the arbitration that would not be incurred by the parties if the dispute was litigated in court, including fees of the arbitrator and any arbitration association administrative fees terms will be paid by the Companyenforced.

Dispute Resolution and Binding Arbitration. Executive and (a) YOU AND CFP ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. (b) The arbitration will be administered by the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, except disputes relating to Section 7 through 10 and Section 13 of this Agreement as to which the provisions of this Section 15.4 shall not apply, such dispute shall be submitted to binding arbitration in accordance with the employment arbitration rules of American Arbitration Association ("AAA") by a single impartial arbitrator selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, the parties shall request a panel of ten (10) employment arbitrators from AAA and alternatively strike names until a single arbitrator remains. The arbitration shall take place in Los Angeles, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with AAA's rules the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at xxx.xxx.xxx/xxx_xxx). The Federal Arbitration Act will govern the interpretation and proceduresenforcement of this section. Except as set forth in Sections 7 through 10 and 13 hereofThe arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, Executive and the Company agree including any unconscionability challenge or any other challenge that the arbitration procedure provided for in this section provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be the exclusive avenue of redress for any disputes relating empowered to grant whatever relief would be available in court under law or arising from Executive's employment with the Company, and that the in equity. Any award of the arbitrator shall arbitrator(s) will be final and binding on both each of the parties, and nonappealablemay be entered as a judgment in any court of competent jurisdiction. (c) You agree to an arbitration on an individual basis. In any dispute, The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator shall have discretion arbitral tribunal has no power to award monetary consider the enforceability of this class arbitration waiver and other damages, or no damages, and any challenge to fashion such other relief as the arbitrator deems appropriateclass arbitration waiver may only be raised in a court of competent jurisdiction. The arbitrator shall also have discretion to award the prevailing party reasonable costs and attorneys' fees incurred in bringing or defending an action under If any provision of this provision. EXECUTIVE AND THE COMPANY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE THE DISPUTES COVERED BY THIS SECTION 15.4, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY WITH RESPECT TO SUCH DISPUTES. Each party will pay the fees of their respective attorneysarbitration agreement is found unenforceable, the expenses of their witnesses, costs of any record or transcript of the arbitration, and any other expenses connected with the arbitration that such party might be expected to incur had the dispute been subject to resolution in court, but all costs of the arbitration that would not be incurred by the parties if the dispute was litigated in court, including fees of the arbitrator and any arbitration association administrative fees unenforceable provision will be paid by severed and the Companyremaining arbitration terms will be enforced.

Dispute Resolution and Binding Arbitration. Executive and the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, except disputes relating to Section 7 through 10 and Section 13 of this Agreement as to which the provisions of this Section 15.4 shall not applyor any termination therefrom, such dispute shall be submitted to binding arbitration in accordance with the employment arbitration rules of American Judicial Arbitration Association and Mediation Services ("AAAJAMS") by a single impartial arbitrator experienced in employment law selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) 10 days of a request for arbitration, the parties shall request a panel of ten (10) employment arbitrators from AAA JAMS and alternatively strike names until a single arbitrator remains. The arbitration shall take place in Los AngelesSan Francisco, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with AAA's JAMS' rules and procedures. Except as set forth in Sections 7 through 10 and 13 Section 10.13 hereof, Executive and the Company further agree that the arbitration procedure as provided for in this section will be the exclusive avenue of redress and binding remedy for any disputes relating to such dispute and will be used instead of any court action, which is hereby expressly waived, except for any request by either party hereto for temporary or arising from Executive's employment preliminary injunctive relief pending arbitration in accordance with the Companyapplicable law, or an administrative claim with an administrative agency, and that the award of the arbitrator shall be final and binding on both parties, and nonappealable. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrator deems appropriate. The arbitrator Company will be responsible for paying any filing fees and costs of the arbitration proceeding itself (for example, arbitrators' fees, conference room, transcripts), but each party shall also have discretion to award the prevailing party reasonable costs and be responsible for its own attorneys' fees incurred in bringing or defending an action under this provisionfees. EXECUTIVE AND THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE THE DISPUTES COVERED BY THIS SECTION 15.4ARBITRATE, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY WITH RESPECT TO SUCH DISPUTES. Each party will pay the fees of their respective attorneys, the expenses of their witnesses, costs of any record or transcript of the arbitration, and any other expenses connected with the arbitration that such party might be expected to incur had the dispute been subject to resolution in court, but all costs of the arbitration that would not be incurred by the parties if the dispute was litigated in court, including fees of the arbitrator and any arbitration association administrative fees will be paid by the CompanyJURY.

Dispute Resolution and Binding Arbitration. Executive and the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, except disputes relating to Section 7 through 10 and Section 13 of this Agreement as to which the provisions of this Section 15.4 shall not apply, such dispute shall be submitted to binding arbitration in accordance with the employment arbitration rules of American Judicial Arbitration Association and Mediation Services ("AAAJAMS") by a single impartial arbitrator selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, the parties shall request a panel of ten (10) employment arbitrators from AAA JAMS and alternatively alternative strike names until a single arbitrator remains. The arbitration shall take place in Los AngelesSan Francisco, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with AAA's JAMS' rules and procedures. Except as set forth in Sections 7 through 10 and 13 Section 10.13 hereof, Executive and the Company agree that the arbitration procedure provided for in this section will be the exclusive avenue of redress for any disputes relating to or arising from Executive's employment with the Company, and that the award of the arbitrator shall be final and binding on both parties, and nonappealable. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrator deems appropriate. The arbitrator arbitration charges will be shared equally by the parties up to the cost of a first appearance fee in state court; any arbitration charge in excess of the first appearance fee shall also have discretion to award be paid by the prevailing party reasonable costs and attorneys' fees incurred in bringing or defending an action under this provisionCompany. EXECUTIVE AND THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE THE DISPUTES COVERED BY THIS SECTION 15.4ARBITRATE, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY WITH RESPECT TO SUCH DISPUTES. Each party will pay the fees of their respective attorneys, the expenses of their witnesses, costs of any record or transcript of the arbitration, and any other expenses connected with the arbitration that such party might be expected to incur had the dispute been subject to resolution in court, but all costs of the arbitration that would not be incurred by the parties if the dispute was litigated in court, including fees of the arbitrator and any arbitration association administrative fees will be paid by the CompanyJURY.

Dispute Resolution and Binding Arbitration. Executive and (a) YOU AND READY SET FUN, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. (b) The arbitration will be administered by the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, except disputes relating to Section 7 through 10 and Section 13 of this Agreement as to which the provisions of this Section 15.4 shall not apply, such dispute shall be submitted to binding arbitration American Arbitration Association (“AAA”) in accordance with the employment arbitration rules Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at xxx.xxx.xxx/xxx_xxx or by calling the AAA at 0-000-000-0000.) The Federal Arbitration Act will govern the interpretation and enforcement of American Arbitration Association ("AAA") by a single impartial arbitrator selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, the parties shall request a panel of ten (10) employment arbitrators from AAA and alternatively strike names until a single arbitrator remainsthis section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration shall take place in Los Angelesprovision, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with AAA's rules and procedures. Except as set forth in Sections 7 through 10 and 13 hereof, Executive and the Company agree including any unconscionability challenge or any other challenge that the arbitration procedure provided for in this section provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be the exclusive avenue of redress for any disputes relating empowered to grant whatever relief would be available in court under law or arising from Executive's employment with the Company, and that the in equity. Any award of the arbitrator shall arbitrator(s) will be final and binding on both partieseach of the parties and may be entered as a judgment in any court of competent jurisdiction. (c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. (d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR READY SET FUN, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and nonappealable. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrator deems appropriate. The arbitrator shall also have discretion to award the prevailing party reasonable costs and attorneys' fees incurred in bringing or defending an action under this provision. EXECUTIVE AND THE COMPANY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE THE DISPUTES COVERED BY THIS SECTION 15.4, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY WITH RESPECT TO SUCH DISPUTES. Each party will pay the fees of their respective attorneys, the expenses of their witnesses, costs of any record or transcript of the arbitration, and any other expenses connected with the remaining arbitration that such party might be expected to incur had the dispute been subject to resolution in court, but all costs of the arbitration that would not be incurred by the parties if the dispute was litigated in court, including fees of the arbitrator and any arbitration association administrative fees terms will be paid by the Companyenforced.

Dispute Resolution and Binding Arbitration. Executive and (a) YOU AND POSH GETAWAYS BY PARIS, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. (b) The arbitration will be administered by the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, except disputes relating to Section 7 through 10 and Section 13 of this Agreement as to which the provisions of this Section 15.4 shall not apply, such dispute shall be submitted to binding arbitration in accordance with the employment arbitration rules of American Arbitration Association ("AAA") by a single impartial arbitrator selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, the parties shall request a panel of ten (10) employment arbitrators from AAA and alternatively strike names until a single arbitrator remains. The arbitration shall take place in Los Angeles, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with AAA's rules the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 11. (The AAA Rules are available at xxx.xxx.xxx/xxx_xxx or by calling the AAA at 0-000-000-0000.) The Federal Arbitration Act will govern the interpretation and proceduresenforcement of this section. Except as set forth in Sections 7 through 10 and 13 hereofThe arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, Executive and the Company agree including any unconscionability challenge or any other challenge that the arbitration procedure provided for in this section provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be the exclusive avenue of redress for any disputes relating empowered to grant whatever relief would be available in court under law or arising from Executive's employment with the Company, and that the in equity. Any award of the arbitrator shall arbitrator(s) will be final and binding on both each of the parties, and nonappealablemay be entered as a judgment in any court of competent jurisdiction. (c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR POSH GETAWAYS BY PARIS, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator shall have discretion to award monetary and other damages, or no damagesarbitral tribunal may not consolidate more than one person's claims, and to fashion such other relief as the arbitrator deems appropriatemay not otherwise preside over any form of a representative or class proceeding. The arbitrator shall also have discretion arbitral tribunal has no power to award consider the prevailing party reasonable costs enforceability of this class arbitration waiver and attorneys' fees incurred any challenge to the class arbitration waiver may only be raised in bringing or defending an action under a court of competent jurisdiction. If any provision of this provision. EXECUTIVE AND THE COMPANY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE THE DISPUTES COVERED BY THIS SECTION 15.4, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY WITH RESPECT TO SUCH DISPUTES. Each party will pay the fees of their respective attorneysarbitration agreement is found unenforceable, the expenses of their witnesses, costs of any record or transcript of the arbitration, and any other expenses connected with the arbitration that such party might be expected to incur had the dispute been subject to resolution in court, but all costs of the arbitration that would not be incurred by the parties if the dispute was litigated in court, including fees of the arbitrator and any arbitration association administrative fees unenforceable provision will be paid by severed and the Companyremaining arbitration terms will be enforced.

Dispute Resolution and Binding Arbitration. Executive If there is any dispute arising out of or related to interpretation or enforcement of this Agreement which cannot be settled by good faith negotiation between the parties, such dispute will be submitted to JAMS for non-binding mediation, and the Company agree that shall be responsible for paying the mediator’s fees. If complete agreement cannot be reached within forty-five (45) days of submission to mediation, any remaining issues in dispute will be submitted to JAMS for final and binding arbitration pursuant to JAMS Arbitration Rules and Procedures for Employment Disputes. Notwithstanding any provisions to the contrary found in such procedures, in the event a dispute arises concerning or relating to Executive's employment with the Company, except disputes relating to Section 7 through 10 and Section 13 of this Agreement as to which the provisions of this Section 15.4 shall not apply, such dispute shall be submitted to binding arbitration in accordance with the employment arbitration rules of American Arbitration Association ("AAA") by a single impartial arbitrator selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, the parties shall request a panel of ten (10) employment arbitrators from AAA and alternatively strike names until a single arbitrator remains. The arbitration shall take place in Los Angeles, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with AAA's rules and procedures. Except as set forth in Sections 7 through 10 and 13 hereof, Executive and the Company agree that the arbitration procedure provided for in this section will be the exclusive avenue of redress for any disputes relating to or arising from Executive's employment with the Company, and that the award of the arbitrator shall be final and binding on both partiesarbitration pursuant to this paragraph, except for the arbitrator’s fees which the Company shall be responsible for paying, each party will be responsible for paying its own costs and nonappealableattorneys’ fees in connection with the arbitration. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrator deems appropriate. The arbitrator shall also have discretion not be authorized to award the prevailing party reasonable costs and attorneys' fees incurred ’ fees, except as expressly provided by statute. The dispute resolution provision of this Section 17 is without prejudice to the Company’s right to seek injunctive relief in bringing a court of law for a breach by Employee of Section 8 or defending an action under 9 hereof as provided in Section 10 of this provisionAgreement. EXECUTIVE AND THE COMPANY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE THE DISPUTES COVERED BY THIS SECTION 15.4THORATEC CORPORATION By: /s/ J. Dxxxxx Xxxx J. Dxxxxx Xxxx Chairman of the Board AGREED: By: /s/ D. Kxxxx Xxxxxxxx D. Kxxxx Xxxxxxxx I, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAWD. Kxxxx Xxxxxxxx (“Employee”), EITHER STATE OR FEDERALagree to the terms in the foregoing Amended and Restated Employment Agreement and also agree as follows: Except as otherwise set forth in the foregoing Amended and Restated Employment Agreement, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGESEmployee hereby releases, IF ANYacquits and forever discharges Thoratec Corporation (the “Company”) and each of its officers, DETERMINED BY A JURY WITH RESPECT TO SUCH DISPUTES. Each party will pay the fees of their respective directors, agents, servants, employees, attorneys, shareholders, successors, assigns and affiliates (the expenses “Releasees”) of their witnessesand from any and all claims, costs liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Release, including but not limited to, all such claims and demands directly or indirectly arising out of or in any way connected with Employee’s employment with the Company or the termination of that employment; claims or demands related to salary, bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended, the federal Americans with Disabilities Act of 1990, the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”), the antidiscrimination statutes of California or other applicable states; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing. This release of claims does not affect in any way Employee’s indemnification rights as described in Section 16 of the Agreement, nor does it affect any rights that Employee has or may have to worker’s compensation benefits. Employee acknowledges that he is knowingly and voluntarily waiving and releasing any rights he may have under the ADEA. Employee also acknowledges that the consideration given for the waiver and release in the preceding paragraph hereof is in addition to anything of value to which he was already entitled. Employee acknowledges his understanding that he may take twenty-one (21) days to consider this Release, although Employee may sign this Release earlier if he chooses, and that he has been advised that he should consult with an attorney, if he decides to do so, prior to executing this Release. Employee further acknowledges that he has seven (7) days following the execution of this Release to revoke the Release, and this Release will not be effective until the date upon which the revocation period has expired, which will be the eighth day after this Release is executed by Employee (“Effective Date”). To revoke acceptance, Employee must send a written notice to Thoratec Corporation, 6000 Xxxxxxxxxx Xxxxx, Xxxxxxxxxx, XX 00000, Attn: General Counsel, by 5:00 p.m. on or before the seventh (7th) day after Employee signs and delivers to the Company this Release. All time limits set forth herein refer to calendar days unless otherwise specified. If the expiration of any record time limit set forth herein falls on a weekend or transcript a holiday observed by Thoratec, the time limit will be deemed to end at the close of business on the next workday. Employee understands and agrees that this Release includes claims which may be unknown to Employee at present, and that Employee has read and understands Section 1542 of the arbitrationCalifornia Civil Code, which reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Employee hereby expressly waives and relinquishes any other expenses connected and all rights under Section 1542 with respect to Employee’s release of any unknown or unsuspected claims Employee may have against the Releasees. Employee agrees not to commence any proceeding in court against the Company in connection with the arbitration matters released herein and that such party might the only cause of action Employee could have against the Company after the date hereof would be expected to incur had the dispute been subject to resolution in court, but all costs for a breach of the arbitration foregoing Agreement or this Release or for matters arising after the date hereof. Employee represents and warrants that would he has the sole right and authority to execute this Release and that he has not be incurred by the parties if the assigned or transferred, or purported to have assigned or transferred, to any corporation, entity or person, any dispute was litigated in court, including fees or claims released herein or any amount of the arbitrator and any arbitration association administrative fees will be paid by the Company.money related hereto. By:

Dispute Resolution and Binding Arbitration. Executive and the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, except disputes relating to Section 7 through 10 and Section 13 of this Agreement as to which the provisions of this Section 15.4 shall not applyor any termination therefrom, such dispute shall be submitted to binding arbitration in accordance with the employment arbitration rules of American Judicial Arbitration Association and Mediation Services ("AAAJAMS") by a single impartial arbitrator experienced in employment law selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, the parties shall request a panel of ten (10) employment arbitrators from AAA JAMS and alternatively strike names until a single arbitrator remains. The arbitration shall take place in Los AngelesSan Francisco, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with AAA's JAMS' rules and procedures. Except as set forth in Sections 7 through 10 and 13 hereof, Executive and the Company further agree that the arbitration procedure as provided for in this section will be the exclusive avenue of redress and binding remedy for any disputes relating to such dispute and will be used instead of any court action, which is hereby expressly waived, except for any request by either party hereto for temporary or arising from Executive's employment preliminary injunctive relief pending arbitration in accordance with the Companyapplicable law, and or an administrative claim with an administrative agency. The parties further agree that the award of the arbitrator shall be final and binding on both parties, and nonappealable. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrator deems appropriate. The arbitrator Company will be responsible for paying any filing fees and costs of the arbitration proceeding itself (for example, arbitrators' fees, conference room, transcripts), but each party shall also have discretion to award the prevailing party reasonable costs and be responsible for its own attorneys' fees incurred in bringing or defending an action under this provisionfees. EXECUTIVE AND THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE THE DISPUTES COVERED BY THIS SECTION 15.4ARBITRATE, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY WITH RESPECT TO SUCH DISPUTESJURY. 16. Each party will pay the fees of their respective attorneys, the expenses of their witnesses, costs of any record or transcript All remaining provisions of the arbitrationAgreement, other than those expressly modified in this Second Amendment, remain in full force and any other expenses connected with the arbitration that such party might be expected to incur had the dispute been subject to resolution in court, but all costs of the arbitration that would not be incurred by the parties if the dispute was litigated in court, including fees of the arbitrator and any arbitration association administrative fees will be paid by the Companyeffect.

Dispute Resolution and Binding Arbitration. Executive and the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, except disputes relating to Section 7 through 10 and Section 13 of this Agreement as to which the provisions of this Section 15.4 shall not apply, such dispute shall be submitted to binding arbitration in accordance with the employment arbitration rules of American Judicial Arbitration Association and Mediation Services ("AAAJAMS") by a single impartial arbitrator selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, the parties shall request a panel of ten (10) employment arbitrators from AAA JAMS and alternatively strike names until a single arbitrator remains. The arbitration shall take place in Los AngelesSan Francisco, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with AAA's JAMS' rules and procedures. Except as set forth in Sections 7 through 10 and 13 Section 9 hereof, Executive and the Company agree that the arbitration procedure provided for in this section will be the exclusive avenue of redress for any disputes relating to or arising from Executive's employment with the Company, and that the award of the arbitrator shall be final and binding on both parties, and nonappealable. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrator deems appropriate. The arbitrator shall also have discretion to award the prevailing party reasonable costs and attorneys' fees incurred in bringing or defending an action under this provision. EXECUTIVE AND THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE THE DISPUTES COVERED BY THIS SECTION 15.4ARBITRATE, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY WITH RESPECT TO SUCH DISPUTES. Each party will pay the fees of their respective attorneys, the expenses of their witnesses, costs of any record or transcript of the arbitration, and any other expenses connected with the arbitration that such party might be expected to incur had the dispute been subject to resolution in court, but all costs of the arbitration that would not be incurred by the parties if the dispute was litigated in court, including fees of the arbitrator and any arbitration association administrative fees will be paid by the CompanyJURY.

Dispute Resolution and Binding Arbitration. Executive and (a) YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. (b) The arbitration will be administered by the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, except disputes relating to Section 7 through 10 and Section 13 of this Agreement as to which the provisions of this Section 15.4 shall not apply, such dispute shall be submitted to binding arbitration in accordance with the employment arbitration rules of American Arbitration Association ("AAA") by a single impartial arbitrator selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, the parties shall request a panel of ten (10) employment arbitrators from AAA and alternatively strike names until a single arbitrator remains. The arbitration shall take place in Los Angeles, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with AAA's rules the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at xxx.xxx.xxx/xxx_xxx or by calling the AAA at 0-000-000-0000.) The Federal Arbitration Act will govern the interpretation and proceduresenforcement of this section. Except as set forth in Sections 7 through 10 and 13 hereofThe arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, Executive and the Company agree including any unconscionability challenge or any other challenge that the arbitration procedure provided for in this section provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be the exclusive avenue of redress for any disputes relating empowered to grant whatever relief would be available in court under law or arising from Executive's employment with the Company, and that the in equity. Any award of the arbitrator shall arbitrator(s) will be final and binding on both each of the parties, and nonappealablemay be entered as a judgment in any court of competent jurisdiction. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrator deems appropriate. The arbitrator shall also have discretion to award the prevailing party reasonable costs and attorneys' fees incurred in bringing or defending an action under If any provision of this provision. EXECUTIVE AND THE COMPANY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE THE DISPUTES COVERED BY THIS SECTION 15.4, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY WITH RESPECT TO SUCH DISPUTES. Each party will pay the fees of their respective attorneysarbitration agreement is found unenforceable, the expenses of their witnesses, costs of any record or transcript of the arbitration, and any other expenses connected with the arbitration that such party might be expected to incur had the dispute been subject to resolution in court, but all costs of the arbitration that would not be incurred by the parties if the dispute was litigated in court, including fees of the arbitrator and any arbitration association administrative fees unenforceable provision will be paid by severed and the Companyremaining arbitration terms will be enforced.

Dispute Resolution and Binding Arbitration. Executive and the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, except disputes relating to Section 7 through 10 and Section 13 of this Agreement as to which the provisions of this Section 15.4 shall not applyor any termination therefrom, such dispute shall be submitted to binding arbitration in accordance with the employment arbitration rules of American Judicial Arbitration Association and Mediation Services ("AAAJAMS") by a single impartial arbitrator experienced in employment law selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, the parties shall request a panel of ten (10) employment arbitrators from AAA JAMS and alternatively strike names until a single arbitrator remains. The arbitration shall take place in Los AngelesSan Francisco, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with AAA's JAMS' rules and procedures. Except as set forth in Sections 7 through 10 and 13 hereof, Executive and the Company further agree that the arbitration procedure as provided for in this section will be the exclusive avenue of redress and binding remedy for any disputes relating to such dispute and will be used instead of any court action, which is hereby expressly waived, except for any request by either party hereto for temporary or arising from Executive's employment preliminary injunctive relief pending arbitration in accordance with the Companyapplicable law, and or an administrative claim with an administrative agency. The parties further agree that the award of the arbitrator shall be final and binding on both parties, and nonappealable. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrator deems appropriate. The arbitrator Company will be responsible for paying any filing fees and costs of the arbitration proceeding itself (for example, arbitrators' fees, conference room, transcripts), but each party shall also have discretion to award the prevailing party reasonable costs and be responsible for its own attorneys' fees incurred in bringing or defending an action under this provisionfees. EXECUTIVE AND THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE THE DISPUTES COVERED BY THIS SECTION 15.4ARBITRATE, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY WITH RESPECT TO SUCH DISPUTES. Each party will pay the fees of their respective attorneys, the expenses of their witnesses, costs of any record or transcript of the arbitration, and any other expenses connected with the arbitration that such party might be expected to incur had the dispute been subject to resolution in court, but all costs of the arbitration that would not be incurred by the parties if the dispute was litigated in court, including fees of the arbitrator and any arbitration association administrative fees will be paid by the CompanyJURY.

Dispute Resolution and Binding Arbitration. Executive and (a) YOU AND ECMS EXPRESS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. (b) The arbitration will be administered by the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, except disputes relating to Section 7 through 10 and Section 13 of this Agreement as to which the provisions of this Section 15.4 shall not apply, such dispute shall be submitted to binding arbitration in accordance with the employment arbitration rules of American Arbitration Association ("AAA") by a single impartial arbitrator selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, the parties shall request a panel of ten (10) employment arbitrators from AAA and alternatively strike names until a single arbitrator remains. The arbitration shall take place in Los Angeles, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with AAA's rules and proceduresthe Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 15. Except as set forth in Sections 7 through 10 and 13 hereofThe arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, Executive and the Company agree including any unconscionability challenge or any other challenge that the arbitration procedure provided for in this section provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be the exclusive avenue of redress for any disputes relating empowered to grant whatever relief would be available in court under law or arising from Executive's employment with the Company, and that the in equity. Any award of the arbitrator shall arbitrator(s) will be final and binding on both each of the parties, and nonappealablemay be entered as a judgment in any court of competent jurisdiction. (c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ECMS EXPRESS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator shall have discretion to award monetary and other damages, or no damagesarbitral tribunal may not consolidate more than one person's claims, and to fashion such other relief as the arbitrator deems appropriatemay not otherwise preside over any form of a representative or class proceeding. The arbitrator shall also have discretion arbitral tribunal has no power to award consider the prevailing party reasonable costs enforceability of this class arbitration waiver and attorneys' fees incurred any challenge to the class arbitration waiver may only be raised in bringing or defending an action under a court of competent jurisdiction. If any provision of this provision. EXECUTIVE AND THE COMPANY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE THE DISPUTES COVERED BY THIS SECTION 15.4, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY WITH RESPECT TO SUCH DISPUTES. Each party will pay the fees of their respective attorneysarbitration agreement is found unenforceable, the expenses of their witnesses, costs of any record or transcript of the arbitration, and any other expenses connected with the arbitration that such party might be expected to incur had the dispute been subject to resolution in court, but all costs of the arbitration that would not be incurred by the parties if the dispute was litigated in court, including fees of the arbitrator and any arbitration association administrative fees unenforceable provision will be paid by severed and the Companyremaining arbitration terms will be enforced.

Dispute Resolution and Binding Arbitration. Executive and the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, except disputes relating to Section 7 through 10 and Section 13 of this Agreement as to which the provisions of this Section 15.4 shall not applyor any termination therefrom, such dispute shall be submitted to binding arbitration in accordance with the employment arbitration rules of American Judicial Arbitration Association and Mediation Services ("AAA"“JAMS”) by a single impartial arbitrator experienced in employment law selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, the parties shall request a panel of ten (10) employment arbitrators from AAA JAMS and alternatively strike names until a single arbitrator remains. The arbitration shall take place in Los AngelesSan Francisco, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with AAA's JAMS' rules and procedures. Except as set forth in Sections 7 through 10 and 13 hereof, Executive and the Company further agree that the arbitration procedure as provided for in this section will be the exclusive avenue of redress and binding remedy for any disputes relating to such dispute and will be used instead of any court action, which is hereby expressly waived, except for any request by either party hereto for temporary or arising from Executive's employment preliminary injunctive relief pending arbitration in accordance with the Companyapplicable law, and or an administrative claim with an administrative agency. The parties further agree that the award of the arbitrator shall be final and binding on both parties, and nonappealable. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrator deems appropriate. The arbitrator Company will be responsible for paying any filing fees and costs of the arbitration proceeding itself (for example, arbitrators' fees, conference room, transcripts), but each party shall also have discretion to award the prevailing party reasonable costs and be responsible for its own attorneys' fees incurred in bringing or defending an action under this provisionfees. EXECUTIVE AND THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE THE DISPUTES COVERED BY THIS SECTION 15.4ARBITRATE, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY WITH RESPECT TO SUCH DISPUTES. Each party will pay the fees of their respective attorneys, the expenses of their witnesses, costs of any record or transcript of the arbitration, and any other expenses connected with the arbitration that such party might be expected to incur had the dispute been subject to resolution in court, but all costs of the arbitration that would not be incurred by the parties if the dispute was litigated in court, including fees of the arbitrator and any arbitration association administrative fees will be paid by the CompanyJURY.

Dispute Resolution and Binding Arbitration. Executive and (a) YOU AND FOOTHILLS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR RENTAL OF RENTAL EQUIPMENT THROUGH THE SERVICE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. (b) The arbitration will be administered by the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, except disputes relating to Section 7 through 10 and Section 13 of this Agreement as to which the provisions of this Section 15.4 shall not apply, such dispute shall be submitted to binding arbitration in accordance with the employment arbitration rules of American Arbitration Association ("AAA") by a single impartial arbitrator selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, the parties shall request a panel of ten (10) employment arbitrators from AAA and alternatively strike names until a single arbitrator remains. The arbitration shall take place in Los Angeles, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with AAA's rules the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this 416. (The AAA Rules are available at xxx.xxx.xxx/xxx_xxx or by calling the AAA at 0-000-000-0000.) The Federal Arbitration Act will govern the interpretation and proceduresenforcement of this section. Except as set forth in Sections 7 through 10 and 13 hereofThe arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, Executive and the Company agree including any unconscionability challenge or any other challenge that the arbitration procedure provided for in this section provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be the exclusive avenue of redress for any disputes relating empowered to grant whatever relief would be available in court under law or arising from Executive's employment with the Company, and that the in equity. Any award of the arbitrator shall arbitrator(s) will be final and binding on both partieseach of the parties and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and nonappealable. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrator deems appropriate. The arbitrator shall also have discretion to award the prevailing party reasonable costs and attorneys' fees incurred in bringing or defending an action under this provision. EXECUTIVE AND THE COMPANY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE THE DISPUTES COVERED BY THIS SECTION 15.4, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY WITH RESPECT TO SUCH DISPUTES. Each party will pay the fees of their respective attorneys, the expenses of their witnesses, costs of any record or transcript of the arbitration, and any other expenses connected with the remaining arbitration that such party might be expected to incur had the dispute been subject to resolution in court, but all costs of the arbitration that would not be incurred by the parties if the dispute was litigated in court, including fees of the arbitrator and any arbitration association administrative fees terms will be paid by the Companyenforced.

Dispute Resolution and Binding Arbitration. Executive and (a) YOU AND GROWSQUARES ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. (b) The arbitration will be administered by the Company agree that in the event a dispute arises concerning or relating to Executive's employment with the Company, except disputes relating to Section 7 through 10 and Section 13 of this Agreement as to which the provisions of this Section 15.4 shall not apply, such dispute shall be submitted to binding arbitration in accordance with the employment arbitration rules of American Arbitration Association ("AAA") by a single impartial arbitrator selected as follows: if the Company and Executive are unable to agree upon an impartial arbitrator within ten (10) days of a request for arbitration, the parties shall request a panel of ten (10) employment arbitrators from AAA and alternatively strike names until a single arbitrator remains. The arbitration shall take place in Los Angeles, California, and both Executive and the Company agree to submit to the jurisdiction of the arbitrator selected in accordance with AAA's rules the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this 12. (The AAA Rules are available at xxx.xxx.xxx/xxx_xxx or by calling the AAA at 0-000-000-0000.) The Federal Arbitration Act will govern the interpretation and proceduresenforcement of this section. Except as set forth in Sections 7 through 10 and 13 hereofThe arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, Executive and the Company agree including any unconscionability challenge or any other challenge that the arbitration procedure provided for in this section provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be the exclusive avenue of redress for any disputes relating empowered to grant whatever relief would be available in court under law or arising from Executive's employment with the Company, and that the in equity. Any award of the arbitrator shall arbitrator(s) will be final and binding on both each of the parties, and nonappealablemay be entered as a judgment in any court of competent jurisdiction. (c) You agree to an arbitration on an individual basis. The arbitrator shall have discretion to award monetary and other damagesIn any dispute, or no damages, and to fashion such other relief as the arbitrator deems appropriate. The arbitrator shall also have discretion to award the prevailing party reasonable costs and attorneys' fees incurred in bringing or defending an action under If any provision of this provision. EXECUTIVE AND THE COMPANY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE THE DISPUTES COVERED BY THIS SECTION 15.4, THEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, EITHER STATE OR FEDERAL, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY WITH RESPECT TO SUCH DISPUTES. Each party will pay the fees of their respective attorneysarbitration agreement is found unenforceable, the expenses of their witnesses, costs of any record or transcript of the arbitration, and any other expenses connected with the arbitration that such party might be expected to incur had the dispute been subject to resolution in court, but all costs of the arbitration that would not be incurred by the parties if the dispute was litigated in court, including fees of the arbitrator and any arbitration association administrative fees unenforceable provision will be paid by severed and the Companyremaining arbitration terms will be enforced.