Common use of Mediation/Arbitration Clause in Contracts

Mediation/Arbitration. (a) If a legal dispute (including but not limited to claims arising under federal or state statute, contract, tort, or public policy) that may occur between you and Xxxxxxxx, and that arise out of, or are related in any way to, your employment with or termination of employment from Xxxxxxxx or the termination of this Agreement, and which disputes cannot be resolved informally (a “Dispute”), arises between you and Xxxxxxxx in connection with this Agreement, and the Dispute is not resolved by negotiation, you and Xxxxxxxx agree to submit the Dispute to mediation. You and Xxxxxxxx further agree that your participation in mediation is a condition precedent to either you or Xxxxxxxx’x pursuing any other available remedy in relation to the Dispute. Either you or Xxxxxxxx may give written notice to the other party of your desire to commence mediation, and a mediation session must take place within 30 days after the date that such notice is given, and such mediation session continue until the earlier of (i) you and Xxxxxxxx resolve the Dispute and (ii) 30 days. The parties must jointly appoint a mutually acceptable mediator. If the parties are unable to agree upon the appointment of a mediator within 7 days after a party has given notice of a desire to mediate the Dispute, any party may apply to an organization or person agreed to by the parties in writing, for appointment of a mediator. The parties further agree to share equally the costs of the mediation, which costs will not include costs incurred by a party for representation by counsel at the mediation. (b) If the parties are unable to resolve the Dispute through mediation, the parties agree that the Dispute will be resolved exclusively though final and binding arbitration. The parties will be precluded from raising in any other forum, including, but not limited to, any federal or state court of law, or equity, any claim which could be raised in arbitration; provided, however that nothing in this Agreement precludes you from filing a charge or from participating in an administrative investigation of a charge before an appropriate government agency or Xxxxxxxx from initiating an arbitration over a matter covered by this Agreement. Each party may demand arbitration, no later than 300 days after the date on which the claim arose, by submitting to the other party a written demand which states: (i) the claim asserted, (ii) the facts alleged, (iii) the applicable statute or principal of law (e.g., breach of contract) upon which the demand is based, and (iv) the remedy sought. Any response to such demand must be made, in writing, within 20 days after receiving the demand, and will specifically admit or deny each factual allegation. The arbitration will be conducted in accordance with the Rules for Employment Arbitration of the American Arbitration Association (AAA) and any arbitration will take place in Houston, Texas. Each party will bear its own costs and attorney’s fees. The arbitrator will have the power to award any types of legal or equitable relief that would be available in a court of competent jurisdiction, including, but not limited to, the costs of arbitration, attorney’s fees, emotional distress damages, and punitive damages for causes of action when such damages are available under law. Any relief or recovery to which you are entitled from any claims arising out of your employment, termination, or any claim of unlawful discrimination will be limited to that awarded by the arbitrator.

Mediation/Arbitration. 12.1 Should any dispute or disagreement of any kind arise at any time: (a) If a legal dispute (including but not limited regarding the rights and liabilities of the Parties hereof or with respect to claims arising under federal the interpretation, validity, construction, meaning, performance, effect or state statute, contract, tort, or public policy) that may occur between you and Xxxxxxxx, and that arise out of, or are related in any way to, your employment with or termination of employment from Xxxxxxxx or the termination application of this Agreement, and which disputes cannot be resolved informally as amended from time to time; or (a “Dispute”), arises b) between you and Xxxxxxxx in connection with this Agreement, the Employer and the Dispute is Employee, the Parties agree that good faith negotiations shall take place between the Employer and the Employee. If such good faith negotiations have not resolved by negotiationthe dispute or disagreement within a reasonable period of time, you and Xxxxxxxx agree either Party may request mediation between the Parties, or either Party may refer the dispute or disagreement directly to submit the Dispute arbitration without going to mediation. 12.2 The mediator shall be agreed upon by the both Parties. You and Xxxxxxxx further agree In the event that your participation in mediation is a condition precedent to either you or Xxxxxxxx’x pursuing any other available remedy in relation to the Dispute. Either you or Xxxxxxxx may give written notice to the other party of your desire to commence mediation, and a mediation session must take place within 30 days after the date that such notice is given, and such mediation session continue until the earlier of (i) you and Xxxxxxxx resolve the Dispute and (ii) 30 days. The parties must jointly appoint a mutually acceptable mediator. If the parties Parties are unable to agree upon the appointment mediator, the dispute or disagreement shall be referred to arbitration in accordance with this Section. 12.3 All discussions before the mediator shall be non-binding, confidential and without prejudice to the position of a mediator within 7 days after a party has given notice of a desire to mediate the Dispute, any party may apply to an organization or person agreed to by the parties in writing, for appointment of a mediatoreither Party. The parties further Parties agree to share equally that if the costs mediation process does not result in a satisfactory solution of the dispute or disagreement after the lesser of either: (a) ten (10) hours of mediation, or (b) thirty (30) days from the commencement of the mediation, which costs will not include costs incurred by a party then either Party may refer the dispute or disagreement to arbitration pursuant to the provisions of the American Arbitration Association's National Rules for representation by counsel the Resolution of Employment Disputes in effect at the mediation. (b) If time of the parties are unable to resolve the Dispute through mediation, the parties agree that the Dispute will be resolved exclusively though final and binding arbitration. The parties will be precluded from raising in any other forum, including, but not limited to, any federal or state court of law, or equity, any claim which could be raised in arbitration; provided, however that nothing in this Agreement precludes you from filing a charge or from participating in an administrative investigation of a charge before an appropriate government agency or Xxxxxxxx from initiating an arbitration over a matter covered by this Agreement. Each party may demand arbitration, no later than 300 days after the date on which the claim arose, by submitting to the other party a written demand which states: (i) the claim asserted, (ii) the facts alleged, (iii) the applicable statute or principal of law (e.g., breach of contract) upon which the demand is based, and (iv) the remedy sought. Any response to such demand must be made, in writing, within 20 days after receiving the demand, and will specifically admit or deny each factual allegation. The arbitration will be conducted in accordance with the Rules for Employment Arbitration following: 12.3.1 the reference to arbitration shall be to one (1) arbitrator. 12.3.2 any such arbitration shall be held in the city of Orlando, Florida. The arbitration shall be completely private. The arbitrator shall fix the American Arbitration Association (AAAappropriate procedures which may include discovery, an oral hearing(s) and any other procedures the arbitrator deems appropriate. The issue or issues to be decided by the arbitrator shall be defined in an arbitration will take place agreement filed on consent by the aggrieved Party. In the event the Parties to the arbitration shall be unable to agree upon the issue or issues to be decided by the arbitrator in Houstonany arbitration pursuant to this paragraph, Texasthe arbitrator shall have jurisdiction to determine the issue or issues to be so decided. Each party will bear its own costs The Parties shall do all such acts and attorney’s feesthings as are necessary to enable the arbitrator to make a proper finding respecting the matters in issue. The arbitrator will have may order interest on any award and the power to arbitrator may award any types of legal or equitable relief that would be available in a court of competent jurisdictioncosts, including, but not limited to, the costs of arbitration, attorney’s including attorneys’ fees, emotional distress damagesto either Party, provided that such award is permitted by the applicable law governing the underlying claim. In the absence of any award of costs, each of the Parties shall bear their own costs, including attorneys’ fees, of any arbitration pursuant to this paragraph and punitive damages for causes one-half of action when such damages are available under the cost of the arbitrator. The arbitrator shall be strictly bound by applicable legal principles and the general nature of this Agreement in rendering his or her decision. 12.3.3 The Parties agree that good faith negotiations, mediation and arbitration shall all be without recourse to the Courts. The award of the arbitrator shall be final and binding, except that either Party may appeal an arbitration award to the Courts on a question of law. Any relief or recovery to which you are entitled from any claims arising out of your employment, termination, or any claim of unlawful discrimination will be limited to that awarded Judgment upon the award rendered by the arbitratorarbitrator may be entered in any Court having jurisdiction.

Mediation/Arbitration. 12.1 Should any dispute or disagreement of any kind arise at any time; (ai) If a legal dispute (including but not limited regarding the rights and liabilities of the Parties hereof or with respect to claims arising under federal the interpretation, validity, construction, meaning, performance, effect or state statute, contract, tort, or public policy) that may occur between you and Xxxxxxxx, and that arise out of, or are related in any way to, your employment with or termination of employment from Xxxxxxxx or the termination application of this Agreement, and which disputes cannot be resolved informally (a “Dispute”), arises between you and Xxxxxxxx in connection with this Agreement, and the Dispute is not resolved by negotiation, you and Xxxxxxxx agree as amended from time to submit the Dispute to mediation. You and Xxxxxxxx further agree that your participation in mediation is a condition precedent to either you time; or Xxxxxxxx’x pursuing any other available remedy in relation to the Dispute. Either you or Xxxxxxxx may give written notice to the other party of your desire to commence mediation, and a mediation session must take place within 30 days after the date that such notice is given, and such mediation session continue until the earlier of (i) you and Xxxxxxxx resolve the Dispute and (ii) 30 days. The parties must jointly appoint a mutually acceptable mediatorbetween the Employer and the Employee, the Parties agree that good faith negotiations shall take place between the Employer and the Employee. If such good faith negotiations have not resolved the parties dispute or disagreement within a reasonable period of time, either Party may request mediation between the Parties, or either Party may refer the dispute or disagreement directly to arbitration without going to mediation. 12.2 The mediator shall be agreed upon by the both Parties. In the event that the Parties are unable to agree upon the appointment mediator, the dispute or disagreement shall be referred to arbitration in accordance with this section. 12.3 All discussions before the mediator shall be non-binding, confidential and without prejudice to the position of a mediator within 7 days after a party has given notice of a desire to mediate the Dispute, any party may apply to an organization or person agreed to by the parties in writing, for appointment of a mediatoreither Party. The parties further Parties agree to share equally that if the costs mediation process does not result in a satisfactory solution of the dispute or disagreement after the lesser of either; (a) ten (10) hours of mediation, or (b) thirty (30) days from the commencement of the mediation, which costs will not include costs incurred by a party then either Party may refer the dispute or disagreement to arbitration pursuant to the provisions of the American Arbitration Association's National Rules for representation by counsel the Resolution of Employment Disputes in effect at the mediation. (b) If time of the parties are unable to resolve the Dispute through mediation, the parties agree that the Dispute will be resolved exclusively though final and binding arbitration. The parties will be precluded from raising in any other forum, including, but not limited to, any federal or state court of law, or equity, any claim which could be raised in arbitration; provided, however that nothing in this Agreement precludes you from filing a charge or from participating in an administrative investigation of a charge before an appropriate government agency or Xxxxxxxx from initiating an arbitration over a matter covered by this Agreement. Each party may demand arbitration, no later than 300 days after the date on which the claim arose, by submitting to the other party a written demand which states: (i) the claim asserted, (ii) the facts alleged, (iii) the applicable statute or principal of law (e.g., breach of contract) upon which the demand is based, and (iv) the remedy sought. Any response to such demand must be made, in writing, within 20 days after receiving the demand, and will specifically admit or deny each factual allegation. The arbitration will be conducted in accordance with the Rules for Employment Arbitration following: 12.3.1 the reference to arbitration shall be to one (1) arbitrator. 12.3.2 any such arbitration shall be held in the city of Orlando, Florida. The arbitration shall be completely private. The arbitrator shall fix the American Arbitration Association (AAAappropriate procedures which may include discovery, an oral hearing(s) and any other procedures the arbitrator deems appropriate. The issue or issues to be decided by the arbitrator shall be defined in an arbitration will take place agreement filed on consent by the aggrieved party. In the event the Parties to the arbitration shall be unable to agree upon the issue or issues to be decided by the arbitrator in Houstonany arbitration pursuant to this paragraph, Texasthe arbitrator shall have jurisdiction to determine the issue or issues to be so decided. Each party will bear its own costs The Parties shall do all such acts and attorney’s feesthings as are necessary to enable the arbitrator to make a proper finding respecting the matters in issue. The arbitrator will have may order interest on any award and the power to arbitrator may award any types of legal or equitable relief that would be available in a court of competent jurisdictioncosts, including, but not limited to, the costs of arbitration, attorney’s including attorneys’ fees, emotional distress damagesto either Party, provided that such award is permitted by the applicable law governing the underlying claim. In the absence of any award of costs, each of the Parties shall bear their own costs, including attorneys’ fees, of any arbitration pursuant to this paragraph and punitive damages for causes one-half of action when such damages are available under the cost of the arbitrator. The arbitrator shall be strictly bound by applicable legal principles and the general nature of this Agreement in rendering his/her/its decision. 12.3.3 The Parties agree that good faith negotiations, mediation and arbitration shall all be without recourse to the Courts. The award of the arbitrator shall be final and binding, except that either Party may appeal an arbitration award to the Courts on a question of law. Any relief or recovery to which you are entitled from any claims arising out of your employment, termination, or any claim of unlawful discrimination will be limited to that awarded Judgment upon the award rendered by the arbitratorarbitrator may be entered in any Court having jurisdiction.

Mediation/Arbitration. (ai) If a legal dispute (including but not limited to claims arising under federal or state statute, contract, tort, or public policy) that may occur between you and Xxxxxxxx, and that arise out of, or are related in any way to, your employment with or termination of employment from Xxxxxxxx or the termination of this Agreement, and which disputes cannot be resolved informally (a “Dispute”), arises between you and Xxxxxxxx in connection with this Agreement, The Company and the Dispute is not resolved by negotiation, you Employee shall mediate any claim or controversy arising out of or relating to this Agreement or any breach thereof if either of them requests mediation and Xxxxxxxx agree to submit the Dispute to mediation. You and Xxxxxxxx further agree that your participation in mediation is a condition precedent to either you or Xxxxxxxx’x pursuing any other available remedy in relation to the Dispute. Either you or Xxxxxxxx may give gives written notice to the other party (the "Mediation Notice"). Any notice given pursuant to the preceding sentence shall include a brief statement of your desire to commence mediation, the claim or controversy. If the Company and a mediation session must take place the Employee do not resolve the claim or controversy within 30 five (5) days after the date that such notice is givenof the Mediation Notice, the Company and such mediation session continue until the earlier of (i) you and Xxxxxxxx resolve the Dispute and (ii) 30 days. The parties must jointly appoint a mutually acceptable Employee shall then use reasonable efforts to agree upon an independent mediator. If the parties are unable to Company and the Employee do not agree upon the appointment of a an independent mediator within 7 days after a party has given notice of a desire to mediate the Dispute, any party may apply to an organization or person agreed to by the parties in writing, for appointment of a mediator. The parties further agree to share equally the costs of the mediation, which costs will not include costs incurred by a party for representation by counsel at the mediation. ten (b10) If the parties are unable to resolve the Dispute through mediation, the parties agree that the Dispute will be resolved exclusively though final and binding arbitration. The parties will be precluded from raising in any other forum, including, but not limited to, any federal or state court of law, or equity, any claim which could be raised in arbitration; provided, however that nothing in this Agreement precludes you from filing a charge or from participating in an administrative investigation of a charge before an appropriate government agency or Xxxxxxxx from initiating an arbitration over a matter covered by this Agreement. Each party may demand arbitration, no later than 300 days after the date on which of the claim aroseMediation Notice, either party may request that JAMS/Endispute ("JAMS"), or a similar mediation service of a similar national scope if JAMS no longer then exists, appoint an independent mediator. The Company and the Employee shall share the costs of mediation equally and shall pay such costs in advance upon the request of the mediator or any party. Within ten (10) days after selection of the mediator, the mediator shall set the mediation. If the Company and the Employee do not resolve the dispute within thirty (30) days after the date of the Mediation Notice, the dispute shall be decided by submitting to the other party a written demand which states: (i) the claim asserted, arbitration as set forth below. (ii) the facts alleged, (iii) the applicable statute Any claim or principal controversy arising out of law (e.g., or relating to this Agreement or any breach of contract) upon which the demand thereof shall be settled by arbitration if such claim or controversy is based, and (iv) the remedy sought. Any response not settled pursuant to such demand must be made, in writing, within 20 days after receiving the demand, and will specifically admit or deny each factual allegationmediation as set forth above. The venue for any such arbitration will shall be conducted Dallas, Texas, or such other location as the parties may mutually agree. Except as expressly set forth herein, all arbitration proceedings under this Section 13(h)(ii) shall be undertaken in accordance with the Commercial Arbitration Rules for Employment Arbitration of the American Arbitration Association (the "AAA") then in force. Only individuals who are (i) lawyers engaged full-time in the practice of law and (ii) on the AAA register of arbitrators shall be selected as an arbitrator. There shall be one arbitrator who shall be chosen in accordance with the rules of the AAA. Within twenty (20) days of the conclusion of the arbitration hearing, the arbitrator shall prepare written findings of fact and conclusions of law. Judgment on the written award may be entered and enforced in any arbitration will take place in Houston, Texas. Each party will bear its own costs and attorney’s fees. The arbitrator will have the power to award any types of legal or equitable relief that would be available in a court of competent jurisdiction. It is mutually agreed that the written decision of the arbitrator shall be valid, includingbinding, but final and non-appealable; provided however, that the parties hereto agree that the arbitrator shall not limited tobe empowered to award punitive damages against any party to such arbitration. The arbitrator shall require the non-prevailing party to pay the arbitrator's full fees and expenses or, if in the arbitrator's opinion there is no prevailing party, the costs of arbitration, attorney’s fees, emotional distress damages, arbitrator's fees and punitive damages for causes of action when such damages are available under law. Any relief or recovery to which you are entitled from any claims arising out of your employment, termination, or any claim of unlawful discrimination expenses will be limited to that awarded borne equally by the arbitratorparties thereto. In the event action is brought to enforce the provisions of this Agreement pursuant to this Section 13(h)(ii), the non-prevailing parties shall be required to pay the reasonable attorneys' fees and expenses of the prevailing parties, except that if in the opinion of the court or arbitrator deciding such action there is no prevailing party, each party shall pay its own attorneys' fees and expenses.

Mediation/Arbitration. a. Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (a10) days after the Employer’s decision has been rendered at the step prior to Arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. b. Grievance Mediation will commence at a time mutually agreed, understanding that the parties will endeavor to hold such mediation within twenty-one (21) days. c. No matter may be submitted to Grievance Mediation, which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. d. The parties shall agree on a Mediator. e. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of proceedings shall be made and legal counsel shall not be used by either party. f. If a legal dispute (including but not limited possible, an agreed statement of facts will be provided to claims arising under federal or state statute, contract, tort, or public policy) that may occur between you and XxxxxxxxMediator, and that arise out ofif possible, or in advance of the Grievance Mediation Conference. g. The Mediator will have the authority to meet separately with each party. h. If no settlement is reached with five (5) days following Grievance Mediation, the parties are related in any way to, your employment with or termination of employment from Xxxxxxxx or the termination of this Agreement, and which disputes cannot be resolved informally (a “Dispute”), arises between you and Xxxxxxxx in connection with this Agreement, and the Dispute is not resolved by negotiation, you and Xxxxxxxx agree free to submit the Dispute matter to mediationArbitration in accordance with the provisions in the Collective Agreement. You In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration. i. The Union and Xxxxxxxx further agree that your participation in mediation is a condition precedent to either you or Xxxxxxxx’x pursuing any other available remedy in relation to Employer will share the Dispute. Either you or Xxxxxxxx may give written notice to cost of the Mediator, if any. j. The party requiring arbitration must serve the other party with written notice of your the desire to commence mediation, and a mediation session must take place arbitrate within 30 days after the date that such notice is given, and such mediation session continue until the earlier of twenty-one (i21) you and Xxxxxxxx resolve the Dispute and (ii) 30 days. The parties must jointly appoint a mutually acceptable mediator. If the parties are unable to agree upon the appointment of a mediator within 7 days after a party has given notice of a desire to mediate the Dispute, any party may apply to an organization or person agreed to by the parties in writing, for appointment of a mediator. The parties further agree to share equally the costs of the mediation, which costs will not include costs incurred by a party for representation by counsel at the mediation. (b) If the parties are unable to resolve the Dispute through mediation, the parties agree that the Dispute will be resolved exclusively though final and binding arbitration. The parties will be precluded from raising in any other forum, including, but not limited to, any federal or state court of law, or equity, any claim which could be raised in arbitration; provided, however that nothing in this Agreement precludes you from filing a charge or from participating in an administrative investigation of a charge before an appropriate government agency or Xxxxxxxx from initiating an arbitration over a matter covered by this Agreement. Each party may demand arbitration, no later than 300 days after the date on which the claim arose, by submitting to the other party a written demand which states: (i) the claim asserted, (ii) the facts alleged, (iii) the applicable statute or principal of law (e.g., breach of contract) upon which the demand is based, and (iv) the remedy sought. Any response to such demand must be made, in writing, within 20 days after receiving the demand, and will specifically admit or deny each factual allegation. The arbitration will be conducted in accordance with the Rules for Employment Arbitration decision given at Step 2 of the American Arbitration Association (AAA) grievance procedure. k. Notices of desire to arbitrate a dispute and any arbitration will take place in Houston, Texas. Each party will bear its own costs of nomination of an arbitrator shall be served personally or by fax or by e-mail to the Executive Director and attorney’s fees. The arbitrator will have the power to award any types Director of legal or equitable relief that would be available in a court of competent jurisdiction, including, but not limited to, the costs of arbitration, attorney’s fees, emotional distress damages, and punitive damages for causes of action when such damages are available under law. Any relief or recovery to which you are entitled from any claims arising out of your employment, termination, or any claim of unlawful discrimination will be limited to that awarded by the arbitratorLabour Relations.

Mediation/Arbitration. (ai) If a legal dispute (including but not limited to claims arising under federal or state statute, contract, tort, or public policy) that may occur between you and Xxxxxxxx, and that arise out of, or are related in any way to, your employment with or termination of employment from Xxxxxxxx or the termination of this Agreement, and which disputes cannot be resolved informally (a “Dispute”), arises between you and Xxxxxxxx in connection with this Agreement, The Company and the Dispute is not resolved by negotiation, you Employee shall mediate any claim or controversy arising out of or relating to this Agreement or any breach thereof if either of them requests mediation and Xxxxxxxx agree to submit the Dispute to mediation. You and Xxxxxxxx further agree that your participation in mediation is a condition precedent to either you or Xxxxxxxx’x pursuing any other available remedy in relation to the Dispute. Either you or Xxxxxxxx may give gives written notice to the other party (the "Mediation Notice"). Any notice given pursuant to the preceding sentence shall include a brief statement of your desire to commence mediation, the claim or controversy. If the Company and a mediation session must take place the Employee do not resolve the claim or controversy within 30 five (5) days after the date that such notice is givenof the Mediation Notice, the Company and such mediation session continue until the earlier of (i) you and Xxxxxxxx resolve the Dispute and (ii) 30 days. The parties must jointly appoint a mutually acceptable Employee shall then use reasonable efforts to agree upon an independent mediator. If the parties are unable to Company and the Employee do not agree upon the appointment of a an independent mediator within 7 days after a party has given notice of a desire to mediate the Dispute, any party may apply to an organization or person agreed to by the parties in writing, for appointment of a mediator. The parties further agree to share equally the costs of the mediation, which costs will not include costs incurred by a party for representation by counsel at the mediation. ten (b10) If the parties are unable to resolve the Dispute through mediation, the parties agree that the Dispute will be resolved exclusively though final and binding arbitration. The parties will be precluded from raising in any other forum, including, but not limited to, any federal or state court of law, or equity, any claim which could be raised in arbitration; provided, however that nothing in this Agreement precludes you from filing a charge or from participating in an administrative investigation of a charge before an appropriate government agency or Xxxxxxxx from initiating an arbitration over a matter covered by this Agreement. Each party may demand arbitration, no later than 300 days after the date on which of the claim aroseMediation Notice, either party may request that JAMS/Endispute ("JAMS"), or a similar mediation service of a similar national scope if JAMS no longer then exists, appoint an independent mediator. The Company and the Employee shall share the costs of mediation equally and shall pay such costs in advance upon the request of the mediator or any party. Within ten (10) days after selection of the mediator, the mediator shall set the mediation. If the Company and the Employee do not resolve the dispute within thirty (30) days after the date of the Mediation Notice, the dispute shall be decided by submitting to the other party a written demand which states: (i) the claim asserted, arbitration as set forth below. (ii) the facts alleged, (iii) the applicable statute Any claim or principal controversy arising out of law (e.g., or relating to this Agreement or any breach of contract) upon which the demand thereof shall be settled by arbitration if such claim or controversy is based, and (iv) the remedy sought. Any response not settled pursuant to such demand must be made, in writing, within 20 days after receiving the demand, and will specifically admit or deny each factual allegationmediation as set forth above. The venue for any such arbitration will shall be conducted Dallas, Texas, or such other location as the parties may mutually agree. Except as expressly set forth herein, all arbitration proceedings under this Section 12(h)(ii) shall be undertaken in accordance with the Commercial Arbitration Rules for Employment Arbitration of the American Arbitration Association (the "AAA") then in force. Only individuals who are (i) lawyers engaged full-time in the practice of law and (ii) on the AAA register of arbitrators shall be selected as an arbitrator. There shall be one arbitrator who shall be chosen in accordance with the rules of the AAA. Within twenty (20) days of the conclusion of the arbitration hearing, the arbitrator shall prepare written findings of fact and conclusions of law. Judgment on the written award may be entered and enforced in any arbitration will take place in Houston, Texas. Each party will bear its own costs and attorney’s fees. The arbitrator will have the power to award any types of legal or equitable relief that would be available in a court of competent jurisdiction. It is mutually agreed that the written decision of the arbitrator shall be valid, includingbinding, but final and non-appealable; provided however, that the parties hereto agree that the arbitrator shall not limited tobe empowered to award punitive damages against any party to such arbitration. The arbitrator shall require the non-prevailing party to pay the arbitrator's full fees and expenses or, if in the arbitrator's opinion there is no prevailing party, the costs of arbitration, attorney’s fees, emotional distress damages, arbitrator's fees and punitive damages for causes of action when such damages are available under law. Any relief or recovery to which you are entitled from any claims arising out of your employment, termination, or any claim of unlawful discrimination expenses will be limited to that awarded borne equally by the arbitratorparties thereto. In the event action is brought to enforce the provisions of this Agreement pursuant to this Section 12(h)(ii), the non-prevailing parties shall be required to pay the reasonable attorneys' fees and expenses of the prevailing parties, except that if in the opinion of the court or arbitrator deciding such action there is no prevailing party, each party shall pay its own attorneys' fees and expenses.

Mediation/Arbitration. (a) If In the event that a legal dispute (including but not limited to claims arising should arise under federal or state statute, contract, tort, or public policy) that may occur between you and Xxxxxxxx, and that arise out of, or are related in any way to, your employment with or termination of employment from Xxxxxxxx or the termination of this Agreement, and which disputes canthe dispute shall be submitted to mediation under the Uniform Mediation Act (even if said Act has not be resolved informally (a “Dispute”), arises between you and Xxxxxxxx been adopted in connection with this Agreement, and the Dispute is not resolved by negotiation, you and Xxxxxxxx agree to submit the Dispute to mediationState of Delaware. You and Xxxxxxxx further agree that your participation in mediation is a condition precedent to either you or Xxxxxxxx’x pursuing any other available remedy in relation to the Dispute. Either you or Xxxxxxxx may give Upon written notice by one party to the other party of your desire to commence a dispute for mediation, and a mediation session must take place within 30 seven (7) days after shall be provided for the date that such notice answer, including an indication of the answering party's willingness to move forward with mediation. In the event said answering party is given, and such mediation session continue until the earlier of (i) you and Xxxxxxxx resolve the Dispute and (ii) 30 days. The parties must jointly appoint a mutually acceptable mediator. If the parties are unable to agree upon the appointment of a mediator within 7 days after a party has given notice of a desire NOT willing to mediate the Disputeidentified dispute, any party may apply the matter shall be moved forward to an organization or person agreed to arbitration as set forth below. All costs of mediation shall be equally borne by the parties in writing, for appointment of a mediator. The parties further agree to share equally the costs of the mediation, which costs will not include costs incurred by a party for representation by counsel at the mediationhereto. (b) If In the event that one or both parties are unable to resolve the Dispute through mediationdetermine that Mediation of an identified dispute is unacceptable, the parties agree that dispute shall be settled by binding arbitration conducted in Denver, Delaware in accordance with the Dispute will be resolved exclusively though final and binding arbitration. Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association, modified as follows: The parties will be precluded from raising in any other forum, including, but not limited to, any federal or state court of law, or equity, any claim which could be raised in arbitration; provided, however that nothing in this Agreement precludes you from filing a charge or from participating in an administrative investigation of a charge before an appropriate government agency or Xxxxxxxx from initiating an party seeking arbitration over a matter covered by this Agreement. Each party may demand arbitration, no later than 300 days after the date on which the claim arose, by submitting shall submit to the other party a written demand which states: statement of the issues(s) to be arbitrated and shall designate such party's nominated arbitrator. The responding party shall respond with any additional or counter statement of the issue(s) to be arbitrated and shall designate the responding party's arbitrator within fourteen (i14) days after receipt of the claim assertedinitial notice of arbitration. The two (2) arbitrators thus nominated shall proceed promptly to select a third arbitrator, (ii) who will conduct the facts alleged, (iii) arbitration hearing as promptly as the applicable statute or principal of law (e.g., breach of contract) upon which the demand is basedcircumstances allow, and (iv) the remedy soughtwithin a schedule set forth to both parties not less than 30 days following appointment unless a shorter time is agreed in writing by both parties hereto, and shall render a decision in writing. Any response to such demand must decision rendered in any arbitration shall be made, in writing, within 20 days after receiving accepted by the demandparties as final and binding, and will specifically admit or deny each factual allegationshall be controlled by the United States Arbitration Act, 9 U.S.C. §1, et seq. Any judgment awarded may be entered and recorded in any court of competent jurisdiction. The arbitration will be conducted panel shall have no authority to make any ruling, finding or award that does not conform to applicable law. The arbitrator shall have authority to award costs and attorney fees to the prevailing party in accordance with the Rules for Employment Arbitration of the American Arbitration Association (AAA) merits and any arbitration will take place in Houston, Texas. Each party will bear its own costs and attorney’s fees. The arbitrator will have the power to award any types of legal or equitable relief that would be available in a court of competent jurisdiction, including, but not limited to, the costs of arbitration, attorney’s fees, emotional distress damages, and punitive damages for causes of action when such damages are available under law. Any relief or recovery to which you are entitled from any claims arising out of your employment, termination, or any claim of unlawful discrimination will be limited to that awarded good faith position asserted by the arbitratorparties.

Mediation/Arbitration. 12.1 Should any dispute or disagreement of any kind arise at any time; (ai) If a legal dispute (including but not limited regarding the rights and liabilities of the Parties hereof or with respect to claims arising under federal the interpretation, validity, construction, meaning, performance, effect or state statute, contract, tort, or public policy) that may occur between you and Xxxxxxxx, and that arise out of, or are related in any way to, your employment with or termination of employment from Xxxxxxxx or the termination application of this Agreement, and which disputes cannot be resolved informally (a “Dispute”), arises between you and Xxxxxxxx in connection with this Agreement, and the Dispute is not resolved by negotiation, you and Xxxxxxxx agree as amended from time to submit the Dispute to mediation. You and Xxxxxxxx further agree that your participation in mediation is a condition precedent to either you time; or Xxxxxxxx’x pursuing any other available remedy in relation to the Dispute. Either you or Xxxxxxxx may give written notice to the other party of your desire to commence mediation, and a mediation session must take place within 30 days after the date that such notice is given, and such mediation session continue until the earlier of (i) you and Xxxxxxxx resolve the Dispute and (ii) 30 days. The parties must jointly appoint a mutually acceptable mediatorbetween the Employer and the Employee, the Parties agree that good faith negotiations shall take place between the Employer and the Employee. If such good faith negotiations have not resolved the parties dispute or disagreement within a reasonable period of time, either Party may request mediation between the Parties, or either Party may refer the dispute or disagreement directly to arbitration without going to mediation. 12.2 The mediator shall be agreed upon by the both Parties. In the event that the Parties are unable to agree upon the appointment mediator, the dispute or disagreement shall be referred to arbitration in accordance with this section. 12.3 All discussions before the mediator shall be non-binding, confidential and without prejudice to the position of a mediator within 7 days after a party has given notice of a desire to mediate the Dispute, any party may apply to an organization or person agreed to by the parties in writing, for appointment of a mediatoreither Party. The parties further Parties agree to share equally that if the costs mediation process does not result in a satisfactory solution of the dispute or disagreement after the lesser of either; (a) ten (10) hours of mediation, or (b) thirty (30) days from the commencement of the mediation, which costs will not include costs incurred by a party then either Party may refer the dispute or disagreement to arbitration pursuant to the provisions of the American Arbitration Association's National Rules for representation by counsel the Resolution of Employment Disputes in effect at the mediation. (b) If time of the parties are unable to resolve the Dispute through mediation, the parties agree that the Dispute will be resolved exclusively though final and binding arbitration. The parties will be precluded from raising in any other forum, including, but not limited to, any federal or state court of law, or equity, any claim which could be raised in arbitration; provided, however that nothing in this Agreement precludes you from filing a charge or from participating in an administrative investigation of a charge before an appropriate government agency or Xxxxxxxx from initiating an arbitration over a matter covered by this Agreement. Each party may demand arbitration, no later than 300 days after the date on which the claim arose, by submitting to the other party a written demand which states: (i) the claim asserted, (ii) the facts alleged, (iii) the applicable statute or principal of law (e.g., breach of contract) upon which the demand is based, and (iv) the remedy sought. Any response to such demand must be made, in writing, within 20 days after receiving the demand, and will specifically admit or deny each factual allegation. The arbitration will be conducted in accordance with the Rules for Employment Arbitration following: 12.3.1 the reference to arbitration shall be to one (1) arbitrator. 12.3.2 any such arbitration shall be held in the city of Ottawa. The arbitration shall be completely private. The arbitrator shall fix the American Arbitration Association (AAAappropriate procedures which may include, an oral hearing(s) and any other procedures the arbitrator deems appropriate. The issue or issues to be decided by the arbitrator shall be defined in an arbitration will take place agreement filed on consent by the aggrieved party. In the event the Parties to the arbitration shall be unable to agree upon the issue or issues to be decided by the arbitrator in Houstonany arbitration pursuant to this paragraph, Texasthe arbitrator shall have jurisdiction to determine the issue or issues to be so decided. Each party will bear its own costs The Parties shall do all such acts and attorney’s feesthings as are necessary to enable the arbitrator to make a proper finding respecting the matters in issue. The arbitrator will have may order interest on any award and the power to arbitrator may award any types of legal or equitable relief that would be available in a court of competent jurisdictioncosts, including, but not limited to, the costs of arbitration, attorney’s including attorneys’ fees, emotional distress damagesto either Party, provided that such award is permitted by the applicable law governing the underlying claim. In the absence of any award of costs, each of the Parties shall bear their own costs, including attorneys’ fees, of any arbitration pursuant to this paragraph and punitive damages for causes one-half of action when such damages are available under the cost of the arbitrator. The arbitrator shall be strictly bound by applicable legal principles and the general nature of this Agreement in rendering his/her/its decision. 12.3.3 The Parties agree that good faith negotiations, mediation and arbitration shall all be without recourse to the Courts. The award of the arbitrator shall be final and binding, except that either Party may appeal an arbitration award to the Courts on a question of law. Any relief or recovery to which you are entitled from any claims arising out of your employment, termination, or any claim of unlawful discrimination will be limited to that awarded Judgment upon the award rendered by the arbitratorarbitrator may be entered in any Court having jurisdiction.

Mediation/Arbitration. a. Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (a10) days after the Employer’s decision has been rendered at the step prior to Arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. b. Grievance Mediation will commence at a time mutually agreed, understanding that the parties will endeavour to hold such mediation within twenty-one (21) days. c. No matter may be submitted to Grievance Mediation, which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. d. The parties shall agree on a Mediator. e. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of proceedings shall be made and legal counsel shall not be used by either party. f. If possible, an agreed statement of facts will be provided to Mediator, and if possible, in advance of the Grievance Mediation Conference. g. The Mediator will have the authority to meet separately with each party. h. If no settlement is reached with five (5) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions in the Collective Agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration. i. The Union and Employer will share the cost of the Mediator, if any. 23.02 The party requiring arbitration must serve the other party with written notice of the desire to arbitrate within fourteen (14) days after receiving the decision given at Step 2 of the grievance procedure. 23.03 No person who has been involved in an attempt to negotiate or settle the grievance may be appointed as arbitrator. 23.04 Notices of desire to arbitrate a dispute and of nomination of an arbitrator shall be served personally or by registered mail. If served by registered mail, the date of mailing shall be deemed to be the date of service. 23.05 If a legal dispute (including but party fails to answer a grievance at any stage of the grievance procedure, the other party may commence arbitration proceedings and if the party in default refuses or neglects to appoint an arbitrator in accordance with this Article, the party not limited in default may, upon notice to claims arising under federal or state statutethe party in default, contractappoint a single arbitrator to hear the grievance and his decision shall be final and binding upon both parties. 23.06 It is agreed that the arbitration board shall have the jurisdiction, tort, or public policy) that may occur between you and Xxxxxxxxpower, and authority to give relief for default in complying with the time limits set out in the articles dealing with grievance and arbitration procedures, where it appears that arise out ofthe default was due to a reliance upon words or conduct of the other party. 23.07 The arbitration board is to be governed by the following provisions: a. The arbitration board shall hear and determine the subject of the grievance and shall issue a decision which is final and binding upon the parties and upon any employee or Employer affected by it; b. The arbitrator shall determine its own procedure, but shall give full opportunity to all parties to present evidence and make representations; c. The arbitrator shall not have the power to alter or are related in amend any way to, your employment with or termination of employment from Xxxxxxxx or the termination provisions of this Agreement, and which disputes cannot be resolved informally (except the time limits for grievances where the delay was occasioned by a “Dispute”), arises between you and Xxxxxxxx in connection with this Agreement, reliance on words or conduct of the other party; d. The parties and the Dispute is not resolved by negotiation, you and Xxxxxxxx agree to submit the Dispute to mediation. You and Xxxxxxxx further agree that your participation in mediation is a condition precedent to either you or Xxxxxxxx’x pursuing any other available remedy in relation arbitrator shall have access to the Dispute. Either you Employer's premises to view working conditions or Xxxxxxxx operations that may give written notice be relevant to the other party of your desire to commence mediation, and a mediation session must take place within 30 days after the date that such notice is given, and such mediation session continue until the earlier of (i) you and Xxxxxxxx resolve the Dispute and (ii) 30 days. The parties must jointly appoint a mutually acceptable mediator. If the parties are unable to agree upon the appointment resolution of a mediator within 7 days after a party has given notice of a desire to mediate the Dispute, any party may apply to an organization or person agreed to by the parties in writing, for appointment of a mediator. The parties further agree to share equally the costs of the mediation, which costs will not include costs incurred by a party for representation by counsel at the mediation.grievance; (b) If the parties are unable to resolve the Dispute through mediation, the parties agree that the Dispute will be resolved exclusively though final and binding arbitration. The parties will be precluded from raising in any other forum, including, but not limited to, any federal or state court of law, or equity, any claim which could be raised in arbitration; provided, however that nothing in this Agreement precludes you from filing a charge or from participating in an administrative investigation of a charge before an appropriate government agency or Xxxxxxxx from initiating an arbitration over a matter covered by this Agreement. Each party may demand arbitration, no later than 300 days after the date on which the claim arose, by submitting to the other party a written demand which states: (i) the claim asserted, (ii) the facts alleged, (iii) the applicable statute or principal of law (e.g., breach of contract) upon which the demand is based, and (iv) the remedy sought. Any response to such demand must be made, in writing, within 20 days after receiving the demand, and will specifically admit or deny each factual allegation. The arbitration will be conducted in accordance with the Rules for Employment Arbitration of the American Arbitration Association (AAA) and any arbitration will take place in Houston, Texas. Each party will bear its own costs and attorney’s fees. e. The arbitrator will shall have the power to award any types amend a grievance and to modify penalties unless a specific penalty is outlined in the Collective Agreement; f. The arbitrator shall have jurisdiction to determine whether a grievance is arbitrable; g. The arbitrator shall determine the real issue in dispute according to the merits and shall make whatever disposition it deems just and equitable; h. Each of legal or equitable relief that would be available in a court the parties shall pay one-half (½) of competent jurisdiction, including, but not limited to, the costs remuneration and expenses of arbitration, attorney’s fees, emotional distress damages, and punitive damages for causes of action when such damages are available under law. Any relief or recovery to which you are entitled from any claims arising out of your employment, termination, or any claim of unlawful discrimination will be limited to that awarded by the arbitrator. 23.08 Notwithstanding the arbitration procedure outlined above, a grievance, after the second step of the grievance procedure may be referred to arbitration under the provisions of the Labour Relations Act.

Mediation/Arbitration. (a) If In the event that a legal dispute (including but not limited to claims arising should arise under federal or state statute, contract, tort, or public policy) that may occur between you and Xxxxxxxx, and that arise out of, or are related in any way to, your employment with or termination of employment from Xxxxxxxx or the termination of this Agreement, and which disputes canthe dispute shall be submitted to mediation under the Uniform Mediation Act (even if said Act has not be resolved informally (a “Dispute”), arises between you and Xxxxxxxx been adopted in connection with this Agreement, and the Dispute is not resolved by negotiation, you and Xxxxxxxx agree to submit the Dispute to mediationstate of Arizona. You and Xxxxxxxx further agree that your participation in mediation is a condition precedent to either you or Xxxxxxxx’x pursuing any other available remedy in relation to the Dispute. Either you or Xxxxxxxx may give Upon written notice by one party to the other party of your desire to commence a dispute for mediation, and a mediation session must take place within 30 seven (7) days after shall be provided for the date that such notice answer, including an indication of the answering party’s willingness to move forward with mediation. In the event said answering party is given, and such mediation session continue until the earlier of (i) you and Xxxxxxxx resolve the Dispute and (ii) 30 days. The parties must jointly appoint a mutually acceptable mediator. If the parties are unable to agree upon the appointment of a mediator within 7 days after a party has given notice of a desire NOT willing to mediate the Disputeidentified dispute, any party may apply the matter shall be moved forward to an organization or person agreed to arbitration as set forth below. All costs of mediation shall be equally borne by the parties in writing, for appointment of a mediator. The parties further agree to share equally the costs of the mediation, which costs will not include costs incurred by a party for representation by counsel at the mediationhereto. (b) If In the event that one or both parties are unable to resolve the Dispute through mediationdetermine that Mediation of an identified dispute is unacceptable, the parties agree that dispute shall be settled by binding arbitration conducted in Phoenix, Arizona in accordance with the Dispute will be resolved exclusively though final and binding arbitration. Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association, modified as follows: The parties will be precluded from raising in any other forum, including, but not limited to, any federal or state court of law, or equity, any claim which could be raised in arbitration; provided, however that nothing in this Agreement precludes you from filing a charge or from participating in an administrative investigation of a charge before an appropriate government agency or Xxxxxxxx from initiating an party seeking arbitration over a matter covered by this Agreement. Each party may demand arbitration, no later than 300 days after the date on which the claim arose, by submitting shall submit to the other party a written demand which states: statement of the issues(s) to be arbitrated and shall designate such party’s nominated arbitrator. The responding party shall respond with any additional or counter statement of the issue(s) to be arbitrated and shall designate the responding party’s arbitrator within fourteen (i14) days after receipt of the claim assertedinitial notice of arbitration. The two (2) arbitrators thus nominated shall proceed promptly to select a third arbitrator, (ii) who will conduct the facts alleged, (iii) arbitration hearing as promptly as the applicable statute or principal of law (e.g., breach of contract) upon which the demand is basedcircumstances allow, and (iv) the remedy soughtwithin a schedule set forth to both parties not less than 30 days following appointment unless a shorter time is agreed in writing by both parties hereto, and shall render a decision in writing. Any response to such demand must decision rendered in any arbitration shall be made, in writing, within 20 days after receiving accepted by the demandparties as final and binding, and will specifically admit or deny each factual allegationshall be controlled by the United States Arbitration Act, 9 U.S.C. §1, et seq. Any judgment awarded may be entered and recorded in any court of competent jurisdiction. The arbitration will be conducted panel shall have no authority to make any ruling, finding or award that does not conform to applicable law. The arbitrator shall have authority to award costs and attorney fees to the prevailing party in accordance with the Rules for Employment Arbitration of the American Arbitration Association (AAA) merits and any arbitration will take place in Houston, Texas. Each party will bear its own costs and attorney’s fees. The arbitrator will have the power to award any types of legal or equitable relief that would be available in a court of competent jurisdiction, including, but not limited to, the costs of arbitration, attorney’s fees, emotional distress damages, and punitive damages for causes of action when such damages are available under law. Any relief or recovery to which you are entitled from any claims arising out of your employment, termination, or any claim of unlawful discrimination will be limited to that awarded good faith position asserted by the arbitratorparties.

Mediation/Arbitration. (a) If In the event that a legal dispute (including but not limited to claims arising should arise under federal or state statute, contract, tort, or public policy) that may occur between you and Xxxxxxxx, and that arise out of, or are related in any way to, your employment with or termination of employment from Xxxxxxxx or the termination of this Agreement, and which disputes canthe dispute shall be submitted to mediation under the Uniform Mediation Act (even if said Act has not be resolved informally (a “Dispute”), arises between you and Xxxxxxxx been adopted in connection with this Agreement, and the Dispute is not resolved by negotiation, you and Xxxxxxxx agree to submit the Dispute to mediationState of California. You and Xxxxxxxx further agree that your participation in mediation is a condition precedent to either you or Xxxxxxxx’x pursuing any other available remedy in relation to the Dispute. Either you or Xxxxxxxx may give Upon written notice by one party to the other party of your desire to commence a dispute for mediation, and a mediation session must take place within 30 seven (7) days after shall be provided for the date that such notice answer, including an indication of the answering party's willingness to move forward with mediation. In the event said answering party is given, and such mediation session continue until the earlier of (i) you and Xxxxxxxx resolve the Dispute and (ii) 30 days. The parties must jointly appoint a mutually acceptable mediator. If the parties are unable to agree upon the appointment of a mediator within 7 days after a party has given notice of a desire NOT willing to mediate the Disputeidentified dispute, any party may apply the matter shall be moved forward to an organization or person agreed to arbitration as set forth below. All costs of mediation shall be equally borne by the parties in writing, for appointment of a mediator. The parties further agree to share equally the costs of the mediation, which costs will not include costs incurred by a party for representation by counsel at the mediationhereto. (b) If In the event that one or both parties are unable to resolve the Dispute through mediationdetermine that Mediation of an identified dispute is unacceptable, the parties agree that dispute shall be settled by binding arbitration conducted in San Diego, California in accordance with the Dispute will be resolved exclusively though final and binding arbitration. Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association, modified as follows: The parties will be precluded from raising in any other forum, including, but not limited to, any federal or state court of law, or equity, any claim which could be raised in arbitration; provided, however that nothing in this Agreement precludes you from filing a charge or from participating in an administrative investigation of a charge before an appropriate government agency or Xxxxxxxx from initiating an party seeking arbitration over a matter covered by this Agreement. Each party may demand arbitration, no later than 300 days after the date on which the claim arose, by submitting shall submit to the other party a written demand which states: statement of the issues(s) to be arbitrated and shall designate such party's nominated arbitrator. The responding party shall respond with any additional or counter statement of the issue(s) to be arbitrated and shall designate the responding party's arbitrator within fourteen (i14) days after receipt of the claim assertedinitial notice of arbitration. The two (2) arbitrators thus nominated shall proceed promptly to select a third arbitrator, (ii) who will conduct the facts alleged, (iii) arbitration hearing as promptly as the applicable statute or principal of law (e.g., breach of contract) upon which the demand is basedcircumstances allow, and (iv) the remedy soughtwithin a schedule set forth to both parties not less than 30 days following appointment unless a shorter time is agreed in writing by both parties hereto, and shall render a decision in writing. Any response to such demand must decision rendered in any arbitration shall be made, in writing, within 20 days after receiving accepted by the demandparties as final and binding, and will specifically admit or deny each factual allegationshall be controlled by the United States Arbitration Act, 9 U.S.C. §1, et seq. Any judgment awarded may be entered and recorded in any court of competent jurisdiction. The arbitration will be conducted panel shall have no authority to make any ruling, finding or award that does not conform to applicable law. The arbitrator shall have authority to award costs and attorney fees to the prevailing party in accordance with the Rules for Employment Arbitration of the American Arbitration Association (AAA) merits and any arbitration will take place in Houston, Texas. Each party will bear its own costs and attorney’s fees. The arbitrator will have the power to award any types of legal or equitable relief that would be available in a court of competent jurisdiction, including, but not limited to, the costs of arbitration, attorney’s fees, emotional distress damages, and punitive damages for causes of action when such damages are available under law. Any relief or recovery to which you are entitled from any claims arising out of your employment, termination, or any claim of unlawful discrimination will be limited to that awarded good faith position asserted by the arbitratorparties.

Mediation/Arbitration. 12.1 Should any dispute or disagreement of any kind arise at any time; (ai) If a legal dispute (including but not limited regarding the rights and liabilities of the Parties hereof or with respect to claims arising under federal the interpretation, validity, construction, meaning, performance, effect or state statute, contract, tort, or public policy) that may occur between you and Xxxxxxxx, and that arise out of, or are related in any way to, your employment with or termination of employment from Xxxxxxxx or the termination application of this Agreement, and which disputes cannot be resolved informally (a “Dispute”), arises between you and Xxxxxxxx in connection with this Agreement, and the Dispute is not resolved by negotiation, you and Xxxxxxxx agree as amended from time to submit the Dispute to mediation. You and Xxxxxxxx further agree that your participation in mediation is a condition precedent to either you time; or Xxxxxxxx’x pursuing any other available remedy in relation to the Dispute. Either you or Xxxxxxxx may give written notice to the other party of your desire to commence mediation, and a mediation session must take place within 30 days after the date that such notice is given, and such mediation session continue until the earlier of (i) you and Xxxxxxxx resolve the Dispute and (ii) 30 days. The parties must jointly appoint a mutually acceptable mediatorbetween the Employer and the Employee, the Parties agree that good faith negotiations shall take place between the Employer and the Employee. If such good faith negotiations have not resolved the parties dispute or disagreement within a reasonable period of time, either Party may request mediation between the Parties, or either Party may refer the dispute or disagreement directly to arbitration without going to mediation. 12.2 The mediator shall be agreed upon by the both Parties. In the event that the Parties are unable to agree upon the appointment mediator, the dispute or disagreement shall be referred to arbitration in accordance with this section. 12.3 All discussions before the mediator shall be non-binding, confidential and without prejudice to the position of a mediator within 7 days after a party has given notice of a desire to mediate the Dispute, any party may apply to an organization or person agreed to by the parties in writing, for appointment of a mediatoreither Party. The parties further Parties agree to share equally that if the costs mediation process does not result in a satisfactory solution of the dispute or disagreement after the lesser of either; (a) ten (10) hours of mediation, or (b) thirty (30) days from the commencement of the mediation, which costs will not include costs incurred by a party then either Party may refer the dispute or disagreement to arbitration pursuant to the provisions of the American Arbitration Association's National Rules for representation by counsel the Resolution of Employment Disputes in effect at the mediation. (b) If time of the parties are unable to resolve the Dispute through mediation, the parties agree that the Dispute will be resolved exclusively though final and binding arbitration. The parties will be precluded from raising in any other forum, including, but not limited to, any federal or state court of law, or equity, any claim which could be raised in arbitration; provided, however that nothing in this Agreement precludes you from filing a charge or from participating in an administrative investigation of a charge before an appropriate government agency or Xxxxxxxx from initiating an arbitration over a matter covered by this Agreement. Each party may demand arbitration, no later than 300 days after the date on which the claim arose, by submitting to the other party a written demand which states: (i) the claim asserted, (ii) the facts alleged, (iii) the applicable statute or principal of law (e.g., breach of contract) upon which the demand is based, and (iv) the remedy sought. Any response to such demand must be made, in writing, within 20 days after receiving the demand, and will specifically admit or deny each factual allegation. The arbitration will be conducted in accordance with the Rules following: 12.3.1 the reference to arbitration shall be to one (1) arbitrator. 12.3.2 any such arbitration shall be held in the city of Orlando, Florida. The arbitration shall be completely private. The Employer agrees to reimburse the Employee for Employment Arbitration of reasonable travel and expenses for all arbitration related travel. The arbitrator shall fix the American Arbitration Association (AAAappropriate procedures which may include discovery, an oral hearing(s) and any other procedures the arbitrator deems appropriate. The issue or issues to be decided by the arbitrator shall be defined in an arbitration will take place agreement filed on consent by the aggrieved party. In the event the Parties to the arbitration shall be unable to agree upon the issue or issues to be decided by the arbitrator in Houstonany arbitration pursuant to this paragraph, Texasthe arbitrator shall have jurisdiction to determine the issue or issues to be so decided. Each party will bear its own costs The Parties shall do all such acts and attorney’s feesthings as are necessary to enable the arbitrator to make a proper finding respecting the matters in issue. The arbitrator will have may order interest on any award and the power to arbitrator may award any types of legal or equitable relief that would be available in a court of competent jurisdictioncosts, including, but not limited to, the costs of arbitration, attorney’s including attorneys’ fees, emotional distress damagesto either Party, provided that such award is permitted by the applicable law governing the underlying claim. In the absence of any award of costs, each of the Parties shall bear their own costs, including attorneys’ fees, of any arbitration pursuant to this paragraph and punitive damages for causes one-half of action when such damages are available under the cost of the arbitrator. The arbitrator shall be strictly bound by applicable legal principles and the general nature of this Agreement in rendering his/her/its decision. 12.3.3 The Parties agree that good faith negotiations, mediation and arbitration shall all be without recourse to the Courts. The award of the arbitrator shall be final and binding, except that either Party may appeal an arbitration award to the Courts on a question of law. Any relief or recovery to which you are entitled from any claims arising out of your employment, termination, or any claim of unlawful discrimination will be limited to that awarded Judgment upon the award rendered by the arbitratorarbitrator may be entered in any Court having jurisdiction.

Mediation/Arbitration. (a) If In the event that a legal dispute (including but not limited to claims arising should arise under federal or state statute, contract, tort, or public policy) that may occur between you and Xxxxxxxx, and that arise out of, or are related in any way to, your employment with or termination of employment from Xxxxxxxx or the termination of this Agreement, and which disputes canthe dispute shall be submitted to mediation under the Uniform Mediation Act (even if said Act has not be resolved informally (a “Dispute”), arises between you and Xxxxxxxx been adopted in connection with this Agreement, and the Dispute is not resolved by negotiation, you and Xxxxxxxx agree to submit the Dispute to mediationState of Nevada. You and Xxxxxxxx further agree that your participation in mediation is a condition precedent to either you or Xxxxxxxx’x pursuing any other available remedy in relation to the Dispute. Either you or Xxxxxxxx may give Upon written notice by one party to the other party of your desire to commence a dispute for mediation, and a mediation session must take place within 30 seven (7) days after shall be provided for the date that such notice answer, including an indication of the answering party's willingness to move forward with mediation. In the event said answering party is given, and such mediation session continue until the earlier of (i) you and Xxxxxxxx resolve the Dispute and (ii) 30 days. The parties must jointly appoint a mutually acceptable mediator. If the parties are unable to agree upon the appointment of a mediator within 7 days after a party has given notice of a desire NOT willing to mediate the Disputeidentified dispute, any party may apply the matter shall be moved forward to an organization or person agreed to arbitration as set forth below. All costs of mediation shall be equally borne by the parties in writing, for appointment of a mediator. The parties further agree to share equally the costs of the mediation, which costs will not include costs incurred by a party for representation by counsel at the mediationhereto. (b) If In the event that one or both parties are unable to resolve the Dispute through mediationdetermine that Mediation of an identified dispute is unacceptable, the parties agree that dispute shall be settled by binding arbitration conducted in San Diego, California in accordance with the Dispute will be resolved exclusively though final and binding arbitration. Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association, modified as follows: The parties will be precluded from raising in any other forum, including, but not limited to, any federal or state court of law, or equity, any claim which could be raised in arbitration; provided, however that nothing in this Agreement precludes you from filing a charge or from participating in an administrative investigation of a charge before an appropriate government agency or Xxxxxxxx from initiating an party seeking arbitration over a matter covered by this Agreement. Each party may demand arbitration, no later than 300 days after the date on which the claim arose, by submitting shall submit to the other party a written demand which states: statement of the issues(s) to be arbitrated and shall designate such party's nominated arbitrator. The responding party shall respond with any additional or counter statement of the issue(s) to be arbitrated and shall designate the responding party's arbitrator within fourteen (i14) days after receipt of the claim assertedinitial notice of arbitration. The two (2) arbitrators thus nominated shall proceed promptly to select a third arbitrator, (ii) who will conduct the facts alleged, (iii) arbitration hearing as promptly as the applicable statute or principal of law (e.g., breach of contract) upon which the demand is basedcircumstances allow, and (iv) the remedy soughtwithin a schedule set forth to both parties not less than 30 days following appointment unless a shorter time is agreed in writing by both parties hereto, and shall render a decision in writing. Any response to such demand must decision rendered in any arbitration shall be made, in writing, within 20 days after receiving accepted by the demandparties as final and binding, and will specifically admit or deny each factual allegationshall be controlled by the United States Arbitration Act, 9 U.S.C. §1, et seq. Any judgment awarded may be entered and recorded in any court of competent jurisdiction. The arbitration will be conducted panel shall have no authority to make any ruling, finding or award that does not conform to applicable law. The arbitrator shall have authority to award costs and attorney fees to the prevailing party in accordance with the Rules for Employment Arbitration of the American Arbitration Association (AAA) merits and any arbitration will take place in Houston, Texas. Each party will bear its own costs and attorney’s fees. The arbitrator will have the power to award any types of legal or equitable relief that would be available in a court of competent jurisdiction, including, but not limited to, the costs of arbitration, attorney’s fees, emotional distress damages, and punitive damages for causes of action when such damages are available under law. Any relief or recovery to which you are entitled from any claims arising out of your employment, termination, or any claim of unlawful discrimination will be limited to that awarded good faith position asserted by the arbitratorparties.