Mutual Agreement to Arbitrate. To the fullest extent allowed by law, any controversy, claim or dispute between you and the Company (and/or any of its affiliates, owners, shareholders, directors, officers, employees, volunteers or agents) relating to or arising out of this Agreement, your employment or the termination of that employment will be submitted to final and binding arbitration in Orange County, California, for determination in accordance with the American Arbitration Association’s (“AAA”) Employment Arbitration Rules (the “Rules”), including any subsequent modifications or amendments to such Rules, as the exclusive remedy for such controversy, claim or dispute. In any such arbitration, the parties may conduct discovery to the same extent as would be permitted in a court of law. You acknowledge that you have had the opportunity to read and review the Rules prior to signing this Agreement. A copy of the Rules is also available from the Company’s Human Resources Department and can be found on-line at xxx.xxx.xxx/xxxxxxxxxx. The arbitrator shall issue a written decision, and shall have full authority to award all remedies which would be available in court. The Company shall pay the arbitrator’s fees and any AAA administrative expenses. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Possible disputes covered by the above include (but are not limited to) unpaid wages, breach of contract (including this Agreement), torts, violation of public policy, discrimination, harassment, or any other employment-related claims under laws including but not limited to, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the California Labor Code and any other statutes or laws relating to an employee’s relationship with his/her employer, regardless of whether such dispute is initiated by you or the Company. Thus, this bilateral arbitration agreement fully applies to any and all claims that the Company may have against you, including (but not limited to) claims for misappropriation of Company property, disclosure of proprietary information or trade secrets, interference with contract, trade libel, gross negligence, or any other claim for alleged wrongful conduct or breach of the duty of loyalty. Nevertheless, claims for workers’ compensation benefits or unemployment insurance, those arising under the National Labor Relations Act, and any other claims where mandatory arbitration is prohibited by law, are not covered by this arbitration agreement, and such claims may be presented by either the Company or you to the appropriate court or government agency. BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH YOU AND THE COMPANY GIVE UP ALL RIGHTS TO TRIAL BY JURY. This mutual and bilateral arbitration agreement, which shall be governed by the Federal Arbitration Act, is to be construed as broadly as is permissible under applicable law.
Appears in 4 contracts
Samples: Personal and Confidential (Quiksilver Inc), Personal and Confidential (Quiksilver Inc), Personal and Confidential (Quiksilver Inc)
Mutual Agreement to Arbitrate. To the fullest extent allowed by law, you and Quiksilver mutually agree that any controversy, claim or dispute between you and the Company (and/or any of its subsidiaries, affiliates, owners, shareholders, directors, officers, employees, volunteers or agents) relating to or arising out of this Agreement, your employment or the termination of that employment will be submitted to final and binding arbitration in Orange County, California, for determination in accordance with the American Arbitration Association’s (“AAA”) Employment Arbitration Rules and Procedures of JAMS (the “Rules”), including any subsequent modifications or amendments . A copy of the Rules is available from the Company’s Human Resources Department and can also be found on-line at xxx.xxxxxxx.xxx/xxxxx-xxxxxxxxxx-xxxxxxxxxxx. You acknowledge that you have read and reviewed the Rules to such Rules, as the exclusive remedy for such controversy, claim or disputeextent you so desired prior to signing this Agreement. In any such arbitration, the parties may conduct discovery to the same extent as would be permitted in a court of law. You acknowledge that you have had the opportunity to read and review the Rules prior to signing this Agreement. A copy of the Rules is also available from the Company’s Human Resources Department and can be found on-line at xxx.xxx.xxx/xxxxxxxxxx. The arbitrator shall issue a reasoned, written decision/award, and shall have full authority to award all remedies which would be available in court. The Company shall pay the arbitrator’s fees and any AAA JAMS administrative expenses. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Possible disputes covered by the above this mutual arbitration agreement include (but are not limited to) unpaid wages, breach of contract (including this Agreement), torts, violation of public policy, discrimination, harassment, or any other employment-related claims under laws including but not limited to, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the California Labor Code and any other statutes or laws relating to an employee’s relationship with his/her employer, regardless of whether such dispute is initiated by you or the Company. Thus, this bilateral arbitration agreement fully applies to any and all claims that the Company may have against you, including (but not limited to) claims for misappropriation of Company property, disclosure of proprietary information or trade secrets, interference with contract, trade libel, gross negligence, or any other claim for alleged wrongful conduct or breach of the duty of loyalty. Nevertheless, claims for workers’ compensation benefits or unemployment insurance, those arising under the National Labor Relations Act, and any other claims where mandatory arbitration is prohibited by law, are not covered by this arbitration agreement, and such claims may be presented by either the Company or you to the appropriate court or government agency. The court, not the arbitrator, shall rule on the arbitrator’s jurisdiction, including any objections with respect to the existence, scope or validity of this arbitration agreement. Claims in arbitration shall be filed and maintained only on an individual basis. This means that you must file and maintain claims in arbitration only on behalf of yourself, and Quiksilver must file and maintain claims in arbitration only on behalf of itself. You may not file or maintain any claim in arbitration on behalf of other employees, collectively with other employees, or as a named plaintiff/claimant or member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one party’s claims, and may not otherwise preside over any form of collective, class, or representative arbitration proceeding. BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH YOU AND THE COMPANY GIVE UP ALL RIGHTS TO TRIAL BY JURY. This mutual and bilateral arbitration agreement, which shall be governed by the Federal Arbitration Act, is to be construed as broadly as is permissible under applicable law.
Appears in 2 contracts
Samples: Personal and Confidential (Quiksilver Inc), Restricted Stock Unit Agreement (Quiksilver Inc)
Mutual Agreement to Arbitrate. To the fullest extent allowed by law, any controversy, claim or dispute between you you, Xxxxx X. Xxxxx, and the Company (and/or any of its affiliates, owners, shareholders, directors, officers, employees, volunteers or agents) relating to or arising out of this Agreement, your employment or the termination cessation of that employment will be submitted to final and binding arbitration in Orange County, California, for determination in accordance with the American Arbitration Association’s 's (“"AAA”") Employment Arbitration Rules (the “Rules”), including any subsequent modifications or amendments to such Rules, as the exclusive remedy for such controversy, claim or dispute. A copy of the most current Employment Arbitration Rules may be found at xxx.xxx.xxx/Xxxxxxxxxx. In any such arbitration, the parties may conduct discovery to the same extent as would be permitted in a court of law. You acknowledge that you have had the opportunity to read and review the Rules prior to signing this Agreement. A copy of the Rules is also available from the Company’s Human Resources Department and can be found on-line at xxx.xxx.xxx/xxxxxxxxxx. The arbitrator shall issue a written decision, and shall have full authority to award all remedies which would be available in court. The Company shall pay the arbitrator’s 's fees and any AAA administrative expenses. The arbitrator may, but need not, award the prevailing party in any dispute its or his legal fees and expenses. Any judgment upon the award rendered by the arbitrator arbitrator(s) may be entered in any court having jurisdiction thereof. Possible disputes covered by the above include (but are not limited to) unpaid wages, breach of contract (including this Agreement), torts, violation of public policy, discrimination, harassment, or any other employment-related claims under laws including but not limited to, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the California Labor Code and any other statutes or laws relating to an employee’s 's relationship with his/her employer, regardless of whether such dispute is initiated by you the employee or the Company. Thus, this bilateral arbitration agreement fully applies to any and all claims that the Company may have against you, including (but not limited to) claims for misappropriation of Company property, disclosure of proprietary information or trade secrets, interference with contract, trade libel, gross negligence, or any other claim for alleged wrongful conduct or breach of the duty of loyalty. Nevertheless, claims for workers’ ' compensation benefits or unemployment insurance, those arising under the National Labor Relations Act, and any other claims where mandatory arbitration is prohibited by law, are not covered by this arbitration agreement, and such claims may be presented by either the Company or you to the appropriate court or government agency. BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH YOU AND THE COMPANY GIVE UP ALL RIGHTS TO TRIAL BY JURY. This mutual and bilateral arbitration agreement, which shall be governed by the Federal Arbitration Act, agreement is to be construed as broadly as is permissible under applicable law.. XXXXX X. XXXXX LANTRONIX INC. (the "Company")
Appears in 1 contract
Samples: Lantronix Inc
Mutual Agreement to Arbitrate. To the fullest extent allowed by law, any controversy, claim or dispute between you Executive and the Company (and/or any of its affiliatesaffiliated, subsidiary, or related entities, owners, shareholders, directors, officers, employees, volunteers or agents) relating to or arising out of this Agreement, your Agreement or Executive’s employment (or the termination of that employment cessation thereof), will be submitted to final and binding arbitration in Orange County, California, for determination in accordance with the American Arbitration Association’s (“AAA”) Employment Arbitration Rules (the “Rules”), including any subsequent modifications or amendments to such Rules, as the exclusive remedy for such controversy, claim or dispute. In any such arbitration, the parties may conduct discovery to the same extent as would be permitted in a court of law. You acknowledge that you have had the opportunity to read and review the Rules prior to signing this Agreement. A copy of the Rules is also available from the Company’s Human Resources Department and can be found on-line at xxx.xxx.xxx/xxxxxxxxxx. The arbitrator shall issue a reasoned, written decision, and shall have full authority to award all remedies which would be available in court. The Company shall pay the arbitrator’s fees and any AAA administrative expenses. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Possible disputes covered by the above include (but are not limited to) unpaid wages, breach of contract (including this Agreement), torts, violation of public policy, discrimination, harassment, or any other employment-related claims under laws including including, but not limited to, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Age Discrimination in Employment ActCalifornia Labor Code, the California Fair Employment and Housing Act, the California Labor Code Age Discrimination in Employment Act, the Americans with Disabilities Act, and any other statutes or laws relating to an employeeExecutive’s relationship with his/her employer, the Company regardless of whether such dispute is initiated by you Executive or the Company. Thus, this bilateral arbitration agreement fully applies to any and all claims that the Company may have against youExecutive, including (but not limited to) to claims for misappropriation of Company property, disclosure of proprietary information or trade secrets, interference with contractcontracts, trade libel, gross negligence, or any other claim for alleged wrongful conduct or breach of the duty of loyalty. NeverthelessHowever, claims for workers’ compensation benefits or benefits, unemployment insurance, insurance and those arising under the National Labor Relations Act, and Act (or any other claims where mandatory arbitration is prohibited by law, ) are not covered by this arbitration agreement, and such claims may be presented by either the Company or you to the appropriate court or government agency. BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH YOU AND THE COMPANY GIVE UP ALL RIGHTS TO TRIAL BY JURY. This mutual and bilateral arbitration agreement, which shall be governed by the Federal Arbitration Act, agreement is to be construed as broadly as is permissible under applicable law.. LANTRONIX, INC. (the “Company”) XXXX XXXX By:/s/ Xxxxx Xxxxx By: /s/ Xxxx Xxxx Name: Xxxxx Xxxxx Name: Xxxx Xxxx Title: VP, Business Affairs, Legal, and HR Date: January 24, 2023 Date: 1/12/2023 Initials: /s/ EB
Appears in 1 contract
Samples: Lantronix Inc
Mutual Agreement to Arbitrate. To I understand that InfoSpace is committed to resolving any employment related disputes and claims efficiently and effectively, while preserving due process safeguards, through the fullest extent allowed by law, use of binding arbitration. I and InfoSpace agree that any controversy, dispute and/or claim or dispute between you and the Company InfoSpace (and/or any of including without limitation its affiliates, owners, shareholdersofficers, directors, officersemployees agents or shareholders) and me that underlies, employees, volunteers relates to and/or results from my employment relationship with InfoSpace or agents) relating to any of the terms of the Employment Agreement or arising out of this Agreement, your including the confidentiality, non-compete and non-solicitation requirements, that cannot be otherwise resolved will be submitted to final, binding arbitration to the maximum extent permitted by law in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association that are then in effect. THIS MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE BETWEEN ME AND INFOSPACE REGARDING MY EMPLOYMENT. I and InfoSpace understand that this Agreement governs any claim I or it has that underlies, relates to and/or results from my employment relationship with InfoSpace or the termination of that employment will be submitted to final and binding arbitration in Orange Countyrelationship, Californiaincluding, for determination in accordance with the American Arbitration Association’s (“AAA”) Employment Arbitration Rules (the “Rules”), including any subsequent modifications or amendments to such Rules, as the exclusive remedy for such controversy, claim or dispute. In any such arbitration, the parties may conduct discovery to the same extent as would be permitted in a court of law. You acknowledge that you have had the opportunity to read and review the Rules prior to signing this Agreement. A copy of the Rules is also available from the Company’s Human Resources Department and can be found on-line at xxx.xxx.xxx/xxxxxxxxxx. The arbitrator shall issue a written decision, and shall have full authority to award all remedies which would be available in court. The Company shall pay the arbitrator’s fees and any AAA administrative expenses. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Possible disputes covered by the above include (but are not limited to) unpaid wages, claims of wrongful discharge, infliction of emotional distress, breach of contract (including breach of this Agreement), tortsbreach of any covenant of good faith and fair dealing, and claims of retaliation and/or discrimination in violation of public policyany local, discrimination, harassment, state or any other employment-related claims under federal law. Examples of such laws including but not limited to, include Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, ; the Age Discrimination in Employment ActAct of 1967; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; RCW Chapter 49.60, the California Fair Employment and Housing Act, the California Labor Code and any other statutes or laws relating to an employee’s relationship with his/her employer, regardless of whether such dispute is initiated by you or the Company. Thus, this bilateral arbitration agreement fully applies to any and all claims that amendments to each such Act as well as the Company may have against you, including (but not limited to) claims for misappropriation of Company property, disclosure of proprietary information or trade secrets, interference with contract, trade libel, gross negligence, or any other claim for alleged wrongful conduct or breach of the duty of loyalty. Nevertheless, claims for workers’ compensation benefits or unemployment insurance, those arising under the National Labor Relations Act, and any other claims where mandatory arbitration is prohibited by law, are not covered by this arbitration agreement, and such claims may be presented by either the Company or you to the appropriate court or government agency. BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH YOU AND THE COMPANY GIVE UP ALL RIGHTS TO TRIAL BY JURY. This mutual and bilateral arbitration agreement, which shall be governed by the Federal Arbitration Act, is to be construed as broadly as is permissible under applicable lawregulations issued thereunder.
Appears in 1 contract
Samples: Employment Agreement (Infospace Inc)
Mutual Agreement to Arbitrate. To the fullest extent allowed by law, any controversy, claim or dispute between you and the Company (and/or any of its affiliates, owners, shareholders, directors, officers, employees, volunteers or agents) relating to or arising out of this Agreement, your employment or the termination of that employment will be submitted to final and binding arbitration in Orange County, California, for determination in accordance with the American Arbitration Association’s (“AAA”) Employment Arbitration Rules (the “Rules”), including any subsequent modifications or amendments to such Rules, as the exclusive remedy for such controversy, claim or dispute. In any such arbitration, the parties may conduct discovery to the same extent as would be permitted in a court of law. You acknowledge that you have had the opportunity to read and review the Rules prior to signing this Agreement. A copy of the Rules is also available from the Company’s Human Resources Department and can be found on-line at xxx.xxx.xxx/xxxxxxxxxx. The arbitrator shall issue a written decision, and shall have full authority to award all remedies which would be available in court. The Company shall pay the arbitrator’s fees and any AAA administrative expenses. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Possible disputes covered by the above include (but are not limited to) unpaid wages, breach of contract (including this Agreement), torts, violation of public policy, discrimination, harassment, or any other employment-related claims under laws including but not limited to, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the California Labor Code and any other statutes or laws relating to an employee’s relationship with his/her employer, regardless of whether such dispute is initiated by you or the Company. Thus, this bilateral arbitration agreement fully applies to any and all claims that the Company may have against you, including (but not limited to) claims for misappropriation of Company property, disclosure of proprietary information or trade secrets, interference with contract, trade libel, gross negligence, or any other claim for alleged wrongful conduct or breach of the duty of loyalty. Nevertheless, claims for workers’ compensation benefits or unemployment insurance, those arising under the National Labor Relations Act, and any other claims where mandatory arbitration R.B.M. Quiksilver Quiksilver, Inc. 00000 Xxxxxx Xxxxxx Huntington Beach, CA 92649 714/889-2200 – main 714/000-0000 – fax is prohibited by law, are not covered by this arbitration agreement, and such claims may be presented by either the Company or you to the appropriate court or government agency. BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH YOU AND THE COMPANY GIVE UP ALL RIGHTS TO TRIAL BY JURY. This mutual and bilateral arbitration agreement, which shall be governed by the Federal Arbitration Act, is to be construed as broadly as is permissible under applicable law.
Appears in 1 contract
Samples: Quiksilver Inc
Mutual Agreement to Arbitrate. To the fullest extent allowed by law, any controversy, claim or dispute between you Executive and the Company (and/or any of its affiliatesaffiliated, subsidiary, or related entities, owners, shareholders, directors, officers, employees, volunteers or agents) relating to or arising out of this Agreement, your Agreement or Executive’s employment (or the termination of that employment cessation thereof), will be submitted to final and binding arbitration in Orange County, California, for determination in accordance with the American Arbitration Association’s (“AAA”) Employment Arbitration Rules (the “Rules”), including any subsequent modifications or amendments to such Rules, as the exclusive remedy for such controversy, claim or dispute. In any such arbitration, the parties may conduct discovery to the same extent as would be permitted in a court of law. You acknowledge that you have had the opportunity to read and review the Rules prior to signing this Agreement. A copy of the Rules is also available from the Company’s Human Resources Department and can be found on-line at xxx.xxx.xxx/xxxxxxxxxx. The arbitrator shall issue a reasoned, written decision, and shall have full authority to award all remedies which would be available in court. The Company shall pay the arbitrator’s fees and any AAA administrative expenses. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Possible disputes covered by the above include (but are not limited to) unpaid wages, breach of contract (including this Agreement), torts, violation of public policy, discrimination, harassment, or any other employment-related claims under laws including including, but not limited to, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Age Discrimination in Employment ActCalifornia Labor Code, the California Fair Employment and Housing Act, the California Labor Code Age Discrimination in Employment Act, the Americans with Disabilities Act, and any other statutes or laws relating to an employeeExecutive’s relationship with his/her employer, the Company regardless of whether such dispute is initiated by you Executive or the Company. Thus, this bilateral arbitration agreement fully applies to any and all claims that the Company may have against youExecutive, including (but not limited to) to claims for misappropriation of Company property, disclosure of proprietary information or trade secrets, interference with contractcontracts, trade libel, gross negligence, or any other claim for alleged wrongful conduct or breach of the duty of loyalty. NeverthelessHowever, claims for workers’ compensation benefits or benefits, unemployment insurance, insurance and those arising under the National Labor Relations Act, and Act (or any other claims where mandatory arbitration is prohibited by law, ) are not covered by this arbitration agreement, and such claims may be presented by either the Company or you to the appropriate court or government agency. BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH YOU AND THE COMPANY GIVE UP ALL RIGHTS TO TRIAL BY JURY. This mutual and bilateral arbitration agreement, which shall be governed by the Federal Arbitration Act, agreement is to be construed as broadly as is permissible under applicable law.. LANTRONIX INC. (the “Company”) _________________________ By:_________________ Xxxxx Xxxxx Name: Xxxx Xxxxx Title: President & CEO Dated: ____________________, 2016 Dated: January 22, 2016
Appears in 1 contract
Samples: Lantronix Inc
Mutual Agreement to Arbitrate. To the fullest extent allowed by law, any controversy, claim or dispute between you Executive and the Company (and/or any of its affiliatesaffiliated, subsidiary, or related entities, owners, shareholders, directors, officers, employees, volunteers or agents) relating to or arising out of this Agreement, your Agreement or Executive’s employment (or the termination of that employment cessation thereof), will be submitted to final and binding arbitration in Orange County, California, for determination in accordance with the American Arbitration Association’s (“AAA”) Employment Arbitration Rules (the “Rules”), including any subsequent modifications or amendments to such Rules, as the exclusive remedy for such controversy, claim or dispute. In any such arbitration, the parties may conduct discovery to the same extent as would be permitted in a court of law. You acknowledge that you have had the opportunity to read and review the Rules prior to signing this Agreement. A copy of the Rules is also available from the Company’s Human Resources Department and can be found on-line at xxx.xxx.xxx/xxxxxxxxxx. The arbitrator shall issue a reasoned, written decision, and shall have full authority to award all remedies which would be available in court. The Company shall pay the arbitrator’s fees and any AAA administrative expenses. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Possible disputes covered by the above include (but are not limited to) unpaid wages, breach of contract (including this Agreement), torts, violation of public policy, discrimination, harassment, or any other employment-related claims under laws including including, but not limited to, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Age Discrimination in Employment ActCalifornia Labor Code, the California Fair Employment and Housing Act, the California Labor Code Age Discrimination in Employment Act, the Americans with Disabilities Act, and any other statutes or laws relating to an employeeExecutive’s relationship with his/her employer, the Company regardless of whether such dispute is initiated by you Executive or the Company. Thus, this bilateral arbitration agreement fully applies to any and all claims that the Company may have against youExecutive, including (but not limited to) to claims for misappropriation of Company property, disclosure of proprietary information or trade secrets, interference with contractcontracts, trade libel, gross negligence, or any other claim for alleged wrongful conduct or breach of the duty of loyalty. NeverthelessHowever, claims for workers’ compensation benefits or benefits, unemployment insurance, insurance and those arising under the National Labor Relations Act, and Act (or any other claims where mandatory arbitration is prohibited by law, ) are not covered by this arbitration agreement, and such claims may be presented by either the Company or you to the appropriate court or government agency. BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH YOU AND THE COMPANY GIVE UP ALL RIGHTS TO TRIAL BY JURY. This mutual and bilateral arbitration agreement, which shall be governed by the Federal Arbitration Act, agreement is to be construed as broadly as is permissible under applicable law.. LANTRONIX, INC. (the “Company”) /s/ Xxxxxx Xxxxxxxx By: /s/ Xxxx Xxxxx Xxxxxx Xxxxxxxx Name: Xxxx Xxxxx Title: President & CEO Dated: August 31, 2016 Dated: August 31, 2016
Appears in 1 contract
Samples: Lantronix Inc
Mutual Agreement to Arbitrate. To the fullest extent allowed by law, any controversy, claim or dispute between you and the Company (and/or any of its affiliates, owners, shareholders, directors, officers, employees, volunteers or agents) relating to or arising out of this Agreement, your employment or the termination of that employment will be submitted to final and binding arbitration in Orange County, California, for determination in accordance with the American Arbitration Association’s (“AAA”) Employment Arbitration Rules (the “Rules”), including any subsequent modifications or amendments to such Rules, as the exclusive remedy for such controversy, claim or dispute. In any such arbitration, the parties may conduct discovery to the same extent as would be permitted in a court of law. You acknowledge that you have had the opportunity to read and review the Rules prior to signing this Agreement. A copy of the Rules is also available from the Company’s Human Resources Department and can also be found on-line at xxx.xxx.xxx/xxxxxxxxxx. You acknowledge that you have read and reviewed the Rules prior to signing this Agreement. The arbitrator shall issue a written decision, and shall have full authority to award all remedies which would be available in court. The Company shall pay the arbitrator’s fees and any AAA administrative expenses. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Possible disputes covered by the above include (but are not limited to) unpaid wages, breach of contract (including this Agreement), torts, violation of public policy, discrimination, harassment, or any other employment-related claims under laws including but not limited to, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the California Labor Code and any other statutes or laws relating to an employee’s relationship with his/her employer, regardless of whether such dispute is initiated by you or the Company. Thus, this bilateral arbitration agreement fully applies to any and all claims that the Company may have against you, including (but not limited to) claims for misappropriation of Company property, disclosure of proprietary information or trade secrets, interference with contract, trade libel, gross negligence, or any other claim for alleged wrongful conduct or breach of the duty of loyalty. Nevertheless, claims for workers’ compensation benefits or unemployment insurance, those arising under the National Labor Relations Act, and any other claims where mandatory arbitration is prohibited by law, are not covered by this arbitration agreement, and such claims may be presented by either the Company or you to the appropriate court or government agency. BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH YOU AND THE COMPANY GIVE UP ALL RIGHTS TO TRIAL BY JURY. This mutual and bilateral arbitration agreement, which shall be governed by the Federal Arbitration Act, is to be construed as broadly as is permissible under applicable law.
Appears in 1 contract
Mutual Agreement to Arbitrate. To the fullest extent allowed by law, any controversy, claim or dispute between you Executive and the Company (and/or any of its affiliatesaffiliated, subsidiary, or related entities, owners, shareholders, directors, officers, employees, volunteers or agents) relating to or arising out of this Agreement, your Agreement or Executive's employment (or the termination of that employment cessation thereof), will be submitted to final and binding arbitration in Orange County, California, for determination in accordance with the American Arbitration Association’s 's (“"AAA”") Employment Arbitration Rules (the “Rules”), including any subsequent modifications or amendments to such Rules, as the exclusive remedy for such controversy, claim or dispute. In any such arbitration, the parties may conduct discovery to the same extent as would be permitted in a court of law. You acknowledge that you have had the opportunity to read and review the Rules prior to signing this Agreement. A copy of the Rules is also available from the Company’s Human Resources Department and can be found on-line at xxx.xxx.xxx/xxxxxxxxxx. The arbitrator shall issue a reasoned, written decision, and shall have full authority to award all remedies which would be available in court. The Company shall pay the arbitrator’s 's fees and any AAA administrative expenses. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Possible disputes covered by the above include (but are not limited to) unpaid wages, breach of contract (including this Agreement), torts, violation of public policy, discrimination, harassment, or any other employment-related claims under laws including including, but not limited to, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Age Discrimination in Employment ActCalifornia Labor Code, the California Fair Employment and Housing Act, the California Labor Code Age Discrimination in Employment Act, the Americans with Disabilities Act, and any other statutes or laws relating to an employeeExecutive’s relationship with his/her employer, the Company regardless of whether such dispute is initiated by you Executive or the Company. Thus, this bilateral arbitration agreement fully applies to any and all claims that the Company may have against youExecutive, including (but not limited to) to claims for misappropriation of Company property, disclosure of proprietary information or trade secrets, interference with contractcontracts, trade libel, gross negligence, or any other claim for alleged wrongful conduct or breach of the duty of loyalty. NeverthelessHowever, claims for workers’ compensation benefits or benefits, unemployment insurance, insurance and those arising under the National Labor Relations Act, and Act (or any other claims where mandatory arbitration is prohibited by law, ) are not covered by this arbitration agreement, and such claims may be presented by either the Company or you to the appropriate court or government agency. BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH YOU AND THE COMPANY GIVE UP ALL RIGHTS TO TRIAL BY JURY. This mutual and bilateral arbitration agreement, which shall be governed by the Federal Arbitration Act, agreement is to be construed as broadly as is permissible under applicable law.. EXECUTIVE LANTRONIX INC. (the “Company”) /s/ Jxxxxx Whitaker_________________________ By: /s/ Kxxx Busch_________________________ Jxxxxx Xxxxxxxx Title: CEO________________________ Dated:__9/9__________________, 2011 Dated: __9/9________________, 2011
Appears in 1 contract
Samples: Lantronix Inc