Dispute Resolution -- Other Terms. (a) Company shall notify Owner immediately if a Worker is no longer employed by it. Should the Company neglect to do so, it agrees to continue to indemnify, protect, defend and hold the Owner harmless from and against all liability actually or potentially arising from or occasioned by the presence of such former Worker on the Premises. Unauthorized Workers will be ejected from the Premises and not permitted back in the absence of the written permission of the Owner. Workers are not permitted to consume or be under the influence of alcoholic beverages, narcotics or other controlled substances while on the Premises.
Dispute Resolution -- Other Terms. Company shall notify Owner immediately if a Worker is no longer employed by it. Should the Company neglect to do so, it agrees to continue to indemnify, protect, defend and hold the Owner harmless from and against all liability actually or potentially arising from or occasioned by the presence of such former Worker on the Premises. Unauthorized Workers will be ejected from the Premises and not permitted back in the absence of the written permission of the Owner. Workers are not permitted to consume or be under the influence of alcoholic beverages while on the Premises. Should the Releasor not wish to be bound by the terms providing for the Owner’s qualified exoneration from liability, such term may be removed from this Agreement only upon the payment by the Company to the Owner of a sum to be reasonably negotiated, which represents the estimated increased liability exposure of the Owner entering into this Agreement in the absence of the above exoneration terms. Should a dispute arise between the parties which refers, relates or implicates this Agreement, such dispute shall be submitted to a mutually selected Mediator. If the parties cannot agree on a Mediator, they shall each nominate one Mediator, and these two Mediators shall together be charged with collectively selecting a third Mediator, who shall serve as the Mediator of disputes between the parties. The parties shall each bear the expenses associated with the Mediator they nominate in connection with his/her efforts in selecting a third Mediator. If mediation is unsuccessful in resolving the dispute, the parties agree to submit the dispute for resolution by way of binding arbitration. The Arbitrator shall be chosen using the same methodology utilized in choosing the Mediator. Mediation and arbitration, if any, shall occur within San Diego County, California. The Arbitrator shall decide the dispute by applying, to the fullest extent applicable, the maritime law of the United States. His/her decision shall be final, binding, non-appealable, and reducible to a judgment by a Court of competent jurisdiction. He or she shall be empowered to determine a “prevailing” party, and to include as part of the damages awarded a sum equal to the costs and attorneys’ fees incurred by the “prevailing” party. The fees charged by the Mediator and Arbitrator, if any, shall be divided equally between the parties. No right or duty of the Releasor which is created by this Agreement may be transferred without the written ap...
