Common use of Dispute Resolution through Binding Arbitration Clause in Contracts

Dispute Resolution through Binding Arbitration. A. Employee, KineMed, and Emplicity agree to utilize binding arbitration as the sole and exclusive means to resolve all disputes that may arise out of or be related in any way to Employee’s employment, including but not limited to the termination of Employee’s employment and Employee’s compensation. Employee specifically waives and relinquishes his or her right to bring a claim against KineMed and Emplicity in a court of law, and this waiver shall be equally binding on any person who represents or seeks to represent Employee in a lawsuit against KineMed or Emplicity in a court of law. Similarly, KineMed and Emplicity specifically waive and relinquish their rights to bring a claim against Employee in a court of law, and this waiver shall be equally binding on any person who represents or seeks to represent KineMed or Emplicity in a lawsuit against the Employee in a court of law. Employee, KineMed, and Emplicity agree that any claim, dispute, and/or controversy that Employee may have against KineMed (or its stockholders, directors, officers, employees, or agents), or Emplicity (or its owners, directors, officers, managers, employees, or agents), or that KineMed or Emplicity may have against Employee, shall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), in conformity with the procedures of the California Arbitration Act (Cal. Code Civ. Proc. sec 1280 et seq., including section 1283.05 and all of the Act’s other mandatory and permissive rights to discovery). The FAA applies to this agreement because both KineMed’s and Emplicity’s businesses involve interstate commerce. Included within the scope of this Agreement are all disputes, whether based on tort, contract, statute (including, but not limited to, any claims of discrimination, harassment and/or retaliation, whether they be based on the California Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, as amended, or any other state or federal law or regulation), equitable law, or otherwise. The only exception to the requirement of binding arbitration shall be for claims arising under the National Labor Relations Act which are brought before the National Labor Relations Board, claims for medical and disability benefits under the California Workers’ Compensation Act, Employment Development Department claims, or as may otherwise be required by state or federal law. However, nothing herein shall prevent Employee from filing and pursuing proceedings before the California Department of Fair Employment and Housing, the United States Equal Employment Opportunity Commission, the National Labor Relations Board, or any other similar federal, state or local agency, although if Employee chooses to pursue a claim following the exhaustion of such administrative remedies, that claim will be subject to the provisions of this Agreement. By entering into this binding arbitration provision, Employee, KineMed, and Emplicity give up their right to trial by jury of any claim that Employee may have against KineMed or Emplicity or of any claim KineMed or Emplicity may have against Employee. This agreement is not intended to interfere with Employee’s rights to collectively bargain, to engage in protected, concerted activity, or to exercise other rights protected under the National Labor Relations Act.

Dispute Resolution through Binding Arbitration. A. Employee, KineMed, and Emplicity agree to utilize binding arbitration as the sole and exclusive means to resolve all disputes that may arise out of or be related in any way to Employee’s employment, including including, but not limited to to, the termination of Employee’s employment and Employee’s compensation. Employee specifically waives and relinquishes his or her right to bring a claim against KineMed and Emplicity in a court of law, and this waiver shall be equally binding on any person who represents or seeks to represent Employee in a lawsuit against KineMed or Emplicity in a court of law. Similarly, KineMed and Emplicity specifically waive and relinquish their rights to bring a claim against Employee in a court of law, and this waiver shall be equally binding on any person who represents or seeks to represent KineMed or Emplicity in a lawsuit against the Employee in a court of law. Employee, KineMed, and Emplicity agree that any claim, dispute, and/or controversy that Employee may have against KineMed (KineMed, or its stockholders, directors, officers, employees, or agents), or Emplicity (Emplicity, or its owners, directors, officers, managers, employees, or agents), or that KineMed or Emplicity may have against Employee, shall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), in conformity with the procedures of the California Arbitration Act (Cal. Code Civ. Proc. sec 1280 et seq., including section 1283.05 and all of the Act’s other mandatory and permissive rights to discovery). The FAA applies to this agreement because both KineMed’s and Emplicity’s businesses involve interstate commerce. Included within the scope of this Agreement are all disputes, whether based on tort, contract, statute (including, but not limited to, any claims of discrimination, harassment and/or retaliation, whether they be based on the California Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, as amended, or any other state or federal law or regulation), equitable law, or otherwise. The only exception to the requirement of binding arbitration shall be for claims arising under the National Labor Relations Act Act, which are brought before the National Labor Relations Board, claims for medical and disability benefits under the California Workers’ Compensation Act, Employment Development Department claims, or as may otherwise be required by state or federal law. However, nothing herein shall prevent Employee from filing and pursuing proceedings before the California Department of Fair Employment and Housing, the United States Equal Employment Opportunity Commission, the National Labor Relations Board, or any other similar federal, state or local agency, although if Employee chooses to pursue a claim following the exhaustion of such administrative remedies, that claim will be subject to the provisions of this Agreement. By entering into this binding arbitration provision, Employee, KineMed, and Emplicity give up their right to trial by jury of any claim that Employee may have against KineMed or Emplicity or of any claim KineMed or Emplicity may have against Employee. This agreement is not intended to interfere with Employee’s rights to collectively bargain, to engage in protected, concerted activity, or to exercise other rights protected under the National Labor Relations Act.