Common use of Dispute resolution; Attorney’s fees Clause in Contracts

Dispute resolution; Attorney’s fees. Subject to the Company’s rights under Section 6(b), any dispute, claim or controversy arising out of or relating to this Agreement or the employment relationship, including without limitation any dispute, claim or controversy concerning validity, enforceability, breach or termination hereof or any claims under federal or state law for age, race, sex, disability or other discrimination, shall be finally settled by arbitration in accordance with the then-prevailing Commercial Arbitration Rules of the American Arbitration Association, as modified herein (“Rules”). There shall be one arbitrator who shall be jointly selected by the parties. If the parties have not jointly agreed upon an arbitrator within twenty (20) calendar days of respondent’s receipt of claimant’s notice of intention to arbitrate, either party may request the American Arbitration Association to furnish the parties with a list of names from which the parties shall jointly select an arbitrator. If the parties have not agreed upon an arbitrator within ten (10) calendar days of the transmittal date of the list, then each party shall have an additional five (5) calendar days in which to strike any names objected to, number the remaining names in order of preference, and return the list to the American Arbitration Association, which shall then select an arbitrator in accordance with Rule 13 of the Rules. The place of arbitration shall be Chicago, Illinois. By agreeing to arbitration, the parties hereto do not intend to deprive any court of its jurisdiction to issue a pre-arbitral injunction, pre-arbitral attachment or other order in aid of arbitration. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Judgment upon the award of the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its or his own costs and expenses in any such arbitration and one-half of the arbitrator’s fees and expenses. If the arbitration is definitively decided in the Executive’s favor, the Executive shall have the right, in addition to any other relief granted by such arbitrator, to recover reasonable attorneys’ fees; provided, however, that the Company shall have the right, in addition to any other relief granted by such arbitrator, to recover reasonable attorneys’ fees in the event that a claim brought by the Executive is definitively decided in the Company’s favor.

Dispute resolution; Attorney’s fees. Subject In the event of a dispute arising under this Agreement, the Parties shall continue performance of their respective obligations under this Agreement and shall attempt to resolve such dispute in a cooperative manner. If the Company’s rights under Section 6(b), any Parties are unable to resolve the dispute, claim or controversy arising out of or relating then, in addition to and without waiving any rights and remedies under this Agreement or under civil or common law, the employment relationshipParties may agree to arbitration pursuant to the terms of this Section. Within fifteen (15) days after agreement to arbitration has been reached, including without limitation any dispute, claim or controversy concerning validity, enforceability, breach or termination hereof or any claims under federal or state law for age, race, sex, disability or other discrimination, the Parties shall be finally settled agree upon a single arbitrator selected from a panel of persons qualified by arbitration in accordance with the then-prevailing Commercial Arbitration Rules of the American Arbitration Association, as modified herein (“Rules”). There shall be one arbitrator who shall be jointly selected by the parties. If the parties have not jointly agreed upon an arbitrator within twenty (20) calendar days of respondent’s receipt of claimant’s notice of intention to arbitrate, either party may request the American Arbitration Association to furnish the parties with a list of names from which the parties shall jointly select an arbitrator. If the parties have not (or other agreed upon local alternative dispute resolution organization) or, in case of a disagreement, each Party shall appoint an arbitrator within ten and the two (102) calendar days arbitrators together shall agree on a single arbitrator to arbiter the dispute. During such time that the arbitrator is being selected or appointed, the Parties shall continue to negotiate in good faith to resolve their dispute in a cooperative manner. The arbitrator shall apply applicable provisions of Nevada law in reaching his or her determination. The determination by the transmittal date of arbitrator shall be final and binding on the list, then each party shall have an additional five (5) calendar days in which to strike any names objected to, number the remaining names in order of preferenceParties, and return the list to the American Arbitration Association, which shall then select an arbitrator in accordance with Rule 13 of the Rules. The place of arbitration shall be Chicago, Illinois. By agreeing to arbitration, the parties hereto do not intend to deprive any court of its jurisdiction to issue a pre-arbitral injunction, pre-arbitral attachment or other order in aid of arbitration. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Judgment judgment upon the award of the arbitrator rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. Franchisee and Franchisor shall use their best efforts to conclude all arbitration proceedings involving fee and rate adjustment disputes within thirty (30) days following the commencement of competent jurisdictionsuch arbitration proceedings. Each party The arbitrator shall bear its or his own have the authority, but shall not be required, to award to the prevailing Party in the arbitration proceedings reasonable attorneys' fees, expert and non-expert witness costs and expenses, and all other reasonable costs and expenses incurred directly or indirectly in any such arbitration and one-half of connection with the arbitrator’s fees and expenses. If the arbitration is definitively decided in the Executive’s favor, the Executive shall have the right, in addition to any other relief granted by such arbitrator, to recover reasonable attorneys’ fees; proceedings provided, however, that the Company costs of the arbitrator shall have be shared equally by the rightParties. In the event of any litigation to interpret or enforce the terms of this Agreement, in addition the prevailing Party shall be entitled to any other relief granted by such arbitrator, to recover its reasonable attorneys’ ' fees in and costs from the event that a claim brought by the Executive is definitively decided in the Company’s favornon-prevailing Party, at trial and on appeal.

Dispute resolution; Attorney’s fees. Subject to the Company’s 's rights under Section 6(b), any dispute, claim or controversy arising out of or relating to this Agreement or the employment relationship, including without limitation any dispute, claim or controversy concerning validity, enforceability, breach or termination hereof or any claims under federal or state law for age, race, sex, disability or other discrimination, shall be finally settled by arbitration in accordance with the then-prevailing Commercial Arbitration Rules of the American Arbitration Association, as modified herein (“"Rules”"). There shall be one arbitrator who shall be jointly selected by the parties. If the parties have not jointly agreed upon an arbitrator within twenty (20) calendar days of respondent’s 's receipt of claimant’s 's notice of intention to arbitrate, either party may request the American Arbitration Association to furnish the parties with a list of names from which the parties shall jointly select an arbitrator. If the parties have not agreed upon an arbitrator within ten (10) calendar days of the transmittal date of the list, then each party shall have an additional five (5) calendar days in which to strike any names objected to, number the remaining names in order of preference, and return the list to the American Arbitration Association, which shall then select an arbitrator in accordance with Rule 13 of the Rules. The place of arbitration shall be Chicago, Illinois. By agreeing to arbitration, the parties hereto do not intend to deprive any court of its jurisdiction to issue a pre-arbitral injunction, pre-arbitral attachment or other order in aid of arbitration. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Judgment upon the award of the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its or his own costs and expenses in any such arbitration and one-half of the arbitrator’s fees and expenses. If the arbitration is definitively decided in the Executive’s favor, the Executive shall have the right, in addition to any other relief granted by such arbitrator, to recover reasonable attorneys’ fees; provided, however, that the Company shall have the right, in addition to any other relief granted by such arbitrator, to recover reasonable attorneys’ fees in the event that a claim brought by the Executive is definitively decided in the Company’s favor.U.S.C.

Dispute resolution; Attorney’s fees. Subject to the Company’s rights under Section 6(b), The parties agree that any dispute, claim or controversy and all disputes arising out of or relating to the terms of this Agreement Agreement, their interpretation, or the Executive's employment relationship, including without limitation any dispute, claim or controversy concerning validity, enforceability, breach or termination hereof or any claims under federal or state law for age, race, sex, disability or other discrimination, by the Company shall be finally settled by subject to binding arbitration in accordance with the then-prevailing Commercial Arbitration Rules of before the American Arbitration AssociationArbitrator Association under its National Rules far the Resolution of Employment Disputes. The Company agrees to pay all costs associated with arbitration, as modified herein (“Rules”). There shall be one arbitrator who shall be jointly selected by the parties. If the parties have not jointly agreed upon an arbitrator within twenty (20) calendar days of respondent’s receipt of claimant’s notice of intention to arbitrate, either party may request the American Arbitration Association to furnish the parties with a list of names from which except that the parties shall jointly select an arbitratorpay for their own attorneys' fees and costs. If The arbitrator shall permit the parties have not agreed upon an arbitrator within ten (10) calendar days of the transmittal date of the listto engage in reasonable discovery measures, then each party shall have an additional five (5) calendar days in which to strike any names objected toincluding depositions, number the remaining names in order of preferencedocument production, interrogatories, and return the list to the American Arbitration Association, which shall then select an arbitrator in accordance with Rule 13 of the Rules. The place of arbitration shall be Chicago, Illinois. By agreeing to arbitration, the parties hereto do not intend to deprive any court of its jurisdiction to issue a pre-arbitral injunction, pre-arbitral attachment or other order in aid of arbitration. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Judgment upon the award of discovery measures that the arbitrator may order. The arbitrator shall issue a written decision and shall have authority to award any and all damages to which the party would otherwise be entered in any entitled to under applicable law. Such decision shall be subject to limited review by a court of competent jurisdiction. Each The parties agree that the prevailing party shall bear its or his own costs and expenses in any such arbitration and one-half shall be entitled to injunctive relief in any court or competent jurisdiction to enforce the arbitration award. The parties agree that the prevailing party in any subject to binding arbitration before the American Arbitration Association under its National Rules for the Resolution of Employment Disputes. The Company agrees to pay all costs associated with arbitration, except that the arbitrator’s parties shall pay for their own attorneys' fees and expensescosts. If The arbitrator shall permit the parties to engage in reasonable discovery measures, including depositions, document production, interrogatories, and any other discovery measures that the arbitrator may order. The arbitrator shall issue a written decision and shall have authority to award any and all damages to which the party would otherwise be entitled to under applicable law. Such decision shall be subject to limited review by a court of competent jurisdiction. The parties agree that the prevailing party in any arbitration shall be entitled to injunctive relief in any court or competent jurisdiction to enforce the arbitration is definitively decided award. The parties agree that the prevailing party in the Executive’s favor, the Executive any arbitration shall have the right, in addition to any other relief granted by such arbitrator, to recover be awarded its reasonable attorneys’ fees; provided, however, that ' fees and costs to the Company shall have the right, in addition to any other relief granted extent not prohibited by such arbitrator, to recover reasonable attorneys’ fees in the event that a claim brought by the Executive is definitively decided in the Company’s favorlaw.

Dispute resolution; Attorney’s fees. Subject Other than with respect to Xxxxxx’ right to obtain injunctive relief under Section 10 (which shall not be subject to the Company’s rights under provisions of this Section 6(b12), any dispute, claim all disputes arising under or controversy arising out related to the employment of or relating to this Agreement you or the employment relationship, including without limitation any dispute, claim or controversy concerning validity, enforceability, breach or termination hereof or any claims under federal or state law for age, race, sex, disability or other discrimination, provisions of this Letter Agreement shall be finally settled by arbitration in accordance with under the then-prevailing Commercial Arbitration Rules rules of the American Arbitration AssociationAssociation then in effect, such arbitration to be held in Baltimore, Maryland, as modified herein (“Rules”). There shall be one arbitrator who shall be jointly selected by the parties. If the parties have not jointly agreed upon an arbitrator within twenty (20) calendar days sole and exclusive remedy of respondent’s receipt of claimant’s notice of intention to arbitrate, either party may request the American Arbitration Association to furnish the parties with a list of names from which the parties shall jointly select an arbitrator. If the parties have not agreed upon an arbitrator within ten (10) calendar days of the transmittal date of the list, then each party shall have an additional five (5) calendar days in which to strike any names objected to, number the remaining names in order of preference, and return the list to the American Arbitration Association, which shall then select an arbitrator in accordance with Rule 13 of the Rules. The place of arbitration shall be Chicago, Illinois. By agreeing to arbitration, the parties hereto do not intend to deprive any court of its jurisdiction to issue a pre-arbitral injunction, pre-arbitral attachment or other order in aid of arbitrationparty. The arbitration shall be governed heard by one arbitrator mutually agreed upon by the Federal Arbitration Actparties, 9 U.S.C. §§ 1-16who must be a former judge. Judgment In the event that the parties cannot agree upon the award selection of the arbitrator within 10 days, each party shall select one arbitrator and those arbitrators shall select a third arbitrator who will serve as the sole arbitrator. The arbitrator shall have the authority to order expedited discovery, hearing and decision, including the ability to set outside time limits for such discovery, hearing and decision. The parties shall direct the arbitrator to render a decision not later than 90 days following the arbitration hearing. Judgment on any arbitration award may be entered in any court of competent jurisdiction. Each party shall bear its or his own costs and expenses in any such arbitration and one-half Xxxxxx will advance the payment of the arbitrator’s fees and expenses. If costs, but whichever party is not the prevailing party in the arbitration is definitively decided in shall ultimately be responsible for the Executivepayment of the arbitrator’s favor, fees and costs. Each party shall be responsible for the Executive shall have the right, in addition to any other relief granted by such arbitrator, to recover reasonable payment of its/his own attorneys’ fees; provided, howeverexcept to the extent otherwise provided in this Letter Agreement. Except as the Parties may otherwise agree, the arbitration proceedings shall be conducted in private and shall not be open to the public or anyone other than the Parties (which shall include authorized representatives of Xxxxxx), the Parties’ attorneys and witnesses. Any arbitration award shall be kept private and shall not be publicly disclosed, except to the extent that the Company shall have Parties otherwise agree, the rightParties may be required by law to disclose or report the arbitration award, in addition or as may be necessary to any other relief granted by such arbitrator, to recover reasonable attorneys’ fees in enforce the event that a claim brought by the Executive is definitively decided in the Company’s favorarbitration award.