Common use of Limitations on Arbitration Clause in Contracts

Limitations on Arbitration. The Arbitration clause in Section 13(b) does not apply to: (i) Insured workers compensation claims (other than wrongful discharge claims), claims for unemployment insurance and state disability insurance, disputes solely before government agencies, and disputes between the parties that may not be subject to predispute arbitration agreement as provided by the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act (Public Law 111-203) or an Act of Congress, are excluded from arbitration under this provision. (ii) Any claim under Title VII of the Civil Rights Act of 1964 for, or any tort related to or arising out of, sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision or retention. The Arbitration clause in Section 13(b) is subject to the Ending of Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, 9 U.S.C. § 401 et seq., which provides that at the election of the person alleging conduct constituting a sexual harassment dispute or sexual assault dispute, or the named representative of a class or in a collective action alleging such conduct, no pre-dispute arbitration agreement or pre-dispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or sexual harassment dispute. Nothing contained in the Agreement shall be construed to prevent or excuse the Executive (individually or in concert with others) or the Company from utilizing the Company’s existing internal procedures for resolution of complaints, and the Agreement is not intended to be a substitute for the utilization of such procedures. If either Party files a demand for arbitration or lawsuit containing both arbitrable and nonarbitrable claims, the other Party reserves the right to compel arbitration regarding the arbitrable claims and seek a stay of proceedings regarding any nonarbitrable claims.