Mutual Agreement to Arbitrate. Except for an action exclusively seeking injunctive relief, Executive and the Company each hereby agree to use final and binding arbitration to resolve any and all disputes (each, an "Arbitrable Dispute"), which they may have with one another or with any affiliate of one another. Except as set forth in Section 8.10, this arbitration agreement applies to all matters relating to this Agreement, Executive's employment with and/or termination from the Company, and any claims or controversies arising out of or relating to Executive's employment, including, but not limited to, disputes about the validity, interpretation or effect of this Agreement, or alleged violations of it, and further including all claims arising out of any alleged discrimination, harassment, retaliation or breach of any state or federal equal employment opportunity laws, including, but not limited to, those claims covered by the California Fair Employment and Housing Act, Title VII, 42 U.S.C. Section 2000e et seq., the Federal Age Discrimination in Employment Act, the Fair Labor Standards Act and the Americans with Disabilities Act. The arbitration will take place in San Francisco, California (unless the parties mutually agree to an alternative venue), before a single experienced employment arbitrator licensed to practice law in California and selected in accordance with the then-current arbitration rules and procedures for employment disputes governing arbitrations administered by the Judicial Arbitration and Mediation Service (the "Rules"). The arbitration shall allow for discovery sufficient to adequately arbitrate any statutory claims, including access to essential documents and witnesses, and provided, further, that the Rules shall be modified by the arbitrator as to the extent necessary to be consistent with applicable law. The arbitration will be conducted in accordance with such Rules, and, to the extent required by California law, the Company shall pay the administrative costs and arbitrator's fees associated with certain claims that are the subject of arbitration. Subject to Section 8.8 hereof, it is understood, however, that Executive shall bear his own attorney's, expert, witness and other fees associated with the arbitration.
Appears in 6 contracts
Samples: Employment Agreement (Zilog Inc), Employment Agreement (Zilog Inc), Employment Agreement (Zilog Inc)
Mutual Agreement to Arbitrate. Except for an action exclusively seeking injunctive relief, Executive and the Company each hereby agree to use final and binding arbitration to resolve any and all disputes (each, an "Arbitrable Dispute"), which they may have with one another or with any affiliate of one another. Except as set forth in Section 8.10, this arbitration agreement applies to all matters relating to this Agreement, Executive's employment with and/or termination from the Company, and any claims or controversies arising out of or relating to Executive's employment, including, but not limited to, disputes about the validity, interpretation or effect of this Agreement, or alleged violations of it, and further including all claims arising out of any alleged discrimination, harassment, retaliation or breach of any state or federal equal employment opportunity laws, including, but not limited to, those claims covered by the California Fair Employment and Housing Act, Title VII, 42 U.S.C. Section 2000e et seq., the Federal Age Discrimination in Employment Act, the Fair Labor Standards Act and the Americans with Disabilities Act. The arbitration will take place in San Francisco, California (unless the parties mutually agree to an alternative venue), before a single experienced employment arbitrator licensed to practice law in California and selected in accordance with the then-current arbitration rules and procedures for employment disputes governing arbitrations administered by the Judicial Arbitration and Mediation Service (the "Rules"). The arbitration shall allow for discovery sufficient to adequately arbitrate any statutory claims, including access to essential documents and witnesses, and provided, further, that the Rules shall be modified by the arbitrator as to the extent necessary to be consistent with applicable law. The arbitration will be conducted in accordance with such Rules, and, to the extent required by California law, the Company shall pay the administrative costs and arbitrator's fees associated with certain claims that are the subject of arbitration. Subject to Section 8.8 2.8 hereof, it is understood, however, that Executive shall bear his own attorney's, expert, witness and other fees associated with the arbitration.
Appears in 4 contracts
Samples: Bonus Agreement (Zilog Inc), Bonus Agreement (Zilog Inc), Bonus Agreement (Zilog Inc)
Mutual Agreement to Arbitrate. Except for an action exclusively seeking injunctive relief, Executive and the Company each hereby agree to use final and binding arbitration to resolve any and all disputes (each, an "“Arbitrable Dispute"”), which they may have with one another or with any affiliate of one another. Except as set forth in Section 8.10, this arbitration agreement applies to all matters relating to this Agreement, Executive's ’s employment with and/or termination from the Company, and any claims or controversies arising out of or relating to Executive's ’s employment, including, but not limited to, disputes about the validity, interpretation or effect of this Agreement, or alleged violations of it, and further including all claims arising out of any alleged discrimination, harassment, retaliation or breach of any state or federal equal employment opportunity laws, including, but not limited to, those claims covered by the California Fair Employment and Housing Act, Title VII, 42 U.S.C. Section 2000e et seq., the Federal Age Discrimination in Employment Act, the Fair Labor Standards Act and the Americans with Disabilities Act. The arbitration will take place in San Francisco, California (unless the parties mutually agree to an alternative venue), before a single experienced employment arbitrator licensed to practice law in California and selected in accordance with the then-current arbitration rules and procedures for employment disputes governing arbitrations administered by the Judicial Arbitration and Mediation Service (the "“Rules"”). The arbitration shall allow for discovery sufficient to adequately arbitrate any statutory claims, including access to essential documents and witnesses, and provided, further, that the Rules shall be modified by the arbitrator as to the extent necessary to be consistent with applicable law. The arbitration will be conducted in accordance with such Rules, and, to the extent required by California law, the Company shall pay the administrative costs and arbitrator's ’s fees associated with certain claims that are the subject of arbitration. Subject to Section 8.8 hereof, it is understood, however, that Executive shall bear his own attorney's’s, expert, witness and other fees associated with the arbitration.. The arbitrator may not modify or change this Agreement in any way, unless any provision is found to be unenforceable, in which case the arbitrator may sever it in accordance with the terms of Section 8.2. The remedies available in arbitration shall be identical to those allowed at law. The arbitrator shall be allowed to award attorneys’ fees pursuant to Section 8.8 and in accordance with applicable law. The parties understand and agree that the arbitrator’s decision shall be in writing with sufficient explanation to allow for such meaningful judicial review as may be permitted by law, and that such decision shall be final and binding. The arbitrator shall be required to follow applicable law. Executive and the Company understand that, by entering into this Agreement, they each are waiving their respective rights to have an Arbitrable Dispute adjudicated by a court or by a jury. Executive hereby acknowledges by initialing this provision that Executive has read and understood, and that Executive expressly agrees to be bound by, the terms of this Section 8.11. ______ (Initials)
Appears in 1 contract
Samples: Employment Agreement (Zilog Inc)
Mutual Agreement to Arbitrate. Except for an action exclusively seeking injunctive relief, Executive and the Company each hereby agree to use final and binding arbitration to resolve any and all disputes (each, an "Arbitrable Dispute"), ) which they may have with one another or with any affiliate of one another. Except as set forth in Section 8.10, this arbitration agreement applies to all matters relating to this Agreement, Executive's employment with and/or termination from the Company, and any claims or controversies arising out of or relating to Executive's employment, including, but not limited to, disputes about the validity, interpretation or effect of this Agreement, or alleged violations of it, and further including all claims arising out of any alleged discrimination, harassment, retaliation or breach of any state or federal equal employment opportunity laws, including, but not limited to, those claims covered by the California Fair Employment and Housing Act, Title VII, 42 U.S.C. Section 2000e et seq., the Federal Age Discrimination in Employment Act, the Fair Labor Standards Act and the Americans with Disabilities Act. The arbitration will take place in San Francisco, California (unless the parties mutually agree to an alternative venue), before a single experienced employment arbitrator licensed to practice law in California and selected in accordance with the then-current arbitration rules and procedures for employment disputes governing arbitrations administered by the Judicial Arbitration and Mediation Service (the "Rules"). The arbitration shall allow for discovery sufficient to adequately arbitrate any statutory claims, including access to essential documents and witnesses, and provided, further, that the Rules shall be modified by the arbitrator as to the extent necessary to be consistent with applicable law. The arbitration will be conducted in accordance with such Rules, and, to the extent required by California law, the Company shall pay the administrative costs and arbitrator's fees associated with certain claims that are the subject of arbitration. Subject to Section 8.8 hereof, it is understood, however, that Executive shall bear his own attorney's, expert, witness and other fees associated with the arbitration.
Appears in 1 contract
Samples: Employment Agreement (Zilog Inc)
Mutual Agreement to Arbitrate. Except for an action exclusively seeking injunctive relief, Executive you and the Company ZiLOG each hereby agree to use final and binding arbitration to resolve any and all disputes (each, an "Arbitrable Dispute"), which they we may have with one another or with any affiliate of one another. Except as set forth in Section 8.10, this This arbitration agreement applies to all matters relating to this Letter Agreement, Executive's your employment with and/or termination resignation from the CompanyZiLOG, and any claims or controversies arising out of or relating to Executive's your employment, including, but not limited to, disputes about the validity, interpretation or effect of this Letter Agreement, or alleged violations of it, and further including all claims arising out of any alleged discrimination, harassment, retaliation or breach of any state or federal equal employment opportunity laws, including, but not limited to, those claims covered by the California Fair Employment and Housing Act, Title VII, 42 U.S.C. Section 2000e et seq., the Federal Age Discrimination in Employment Act, the Fair Labor Standards Act and the Americans with Disabilities Act. The arbitration will take place in San FranciscoJose, California (unless the parties mutually agree to an alternative venue), before a single experienced employment arbitrator licensed to practice law in California and selected in accordance with the then-current arbitration rules and procedures for employment disputes governing arbitrations administered by the Judicial Arbitration and Mediation Service (the "Rules"). The arbitration shall allow for discovery sufficient to adequately arbitrate any statutory claims, including access to essential documents and witnesses, and provided, further, that the Rules shall be modified by the arbitrator as to the extent necessary to be consistent with applicable law. The arbitration will be conducted in accordance with such Rules, and, to the extent required by California law, the Company ZiLOG shall pay the administrative costs and arbitrator's fees associated with certain claims that are the subject of arbitration. Subject to Section 8.8 hereof, it It is understood, however, that Executive you shall bear his your own attorney's, expert, witness and other fees associated with the arbitration.. The arbitrator may not modify or change this Letter Agreement in any way, unless any provision is found to be unenforceable, in which case the arbitrator may sever it in accordance with the specific terms of this Letter Agreement. The remedies available in arbitration shall be identical to those allowed at law. The arbitrator shall be allowed to award attorneys' fees pursuant to the terms of this Letter Agreement and in accordance with applicable law. The parties understand and agree that the arbitrator's decision shall be in writing with sufficient explanation to allow for such meaningful judicial review as may be permitted by law, and that such decision shall be final and binding. The arbitrator shall be required to follow applicable law. You and ZiLOG understand that, by entering into this Agreement, we are each waiving our respective rights to have an Arbitrable Dispute adjudicated by a court or by a jury. You hereby acknowledges by initialing this provision that you have read and understood, and that you expressly agree to be bound by, the terms of this subsection (j) __________ (Initials)
Appears in 1 contract
Samples: Consulting Agreement (Zilog Inc)