Common use of Mutual Agreement to Arbitrate Clause in Contracts

Mutual Agreement to Arbitrate. Employee and the Company understand and agree that any existing or future dispute or claim arising out of or related to this Agreement, Employee’s employment, or the termination of such employment, will be resolved by final and binding arbitration and that no other forum for dispute resolution will be available to either party, except as to those claims identified below. The decision of the arbitrator shall be final and binding on both parties and it shall be enforceable by any court having proper jurisdiction. The arbitration proceedings shall be conducted pursuant to the Federal Arbitration Act, and in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association or the Employment Arbitration Rules and Procedures adopted by Judicial Arbitration and Mediation Services (“JAMS”). Except as mutually agreed by the parties, the arbitration shall be conducted in Louisville, Kentucky. The arbitrator will have all the powers a judge would have in dealing with any question or dispute that may arise before, during and after the arbitration. Claims not covered by this agreement to arbitrate are: (a) Claims under Title VTT of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention, and (b) Claims for benefits under the workers’ compensation, unemployment insurance and state disability insurance laws. (c) Claims arising out of the Company’s efforts to enforce numerical paragraph 9 of this Agreement including, but not limited to claims for injunctive relief. The Company agrees to bear the costs of the arbitrator’s fee and all other costs related to the arbitration, assuming such costs are not expenses that Employee would be required to bear if bringing or defending the action in a court of law. Employee and the Company shall each bear the fees and costs of their own attorneys, experts or other representatives incurred in connection with the arbitration, and the arbitrator will not have authority to award fees and costs unless a statute at issue in the dispute or other appropriate law authorizes the award of attorneys’ fees to the prevailing party, in which case the arbitrator shall have the authority to make an award of attorneys’ fees as permitted by the applicable statute or law.

Mutual Agreement to Arbitrate. The Employee and the Company understand and agree that any existing or future dispute or claim arising out of or related to this Agreement, the Employee’s employment, or the termination of such employment, will be resolved by final and binding arbitration and that no other forum for dispute resolution will be available to either party, except as to those claims identified below. The decision of the arbitrator shall be final and binding on both parties and it shall be enforceable by any court having proper jurisdiction. The arbitration proceedings shall be conducted pursuant to the Federal Arbitration Act, and in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association or the Employment Arbitration Rules and Procedures adopted by Judicial Arbitration and Mediation Services (“JAMS”). Except as mutually agreed by the parties, the arbitration shall be conducted in Louisville, Kentucky, the location of the principal office of the Company. The arbitrator will have all the powers a judge would have in dealing with any question or dispute that may arise before, during and after the arbitration. Claims not covered by this agreement to arbitrate are: (a) Claims under Title VTT VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention, and (b) Claims for benefits under the workers’ compensation, unemployment insurance and state disability insurance laws. (c) Claims arising out . The parties expressly agree that in such cases where equitable relief is sought, any hearing or trial on the merits of the Company’s efforts action will occur in front of, and will be decided by, the arbitrator, who will have the same ability to enforce numerical paragraph 9 order legal or equitable remedies as could a court of this Agreement including, but not limited to claims for injunctive reliefgeneral jurisdiction. The Company agrees to bear the costs of the arbitrator’s fee and all other costs related to the arbitration, assuming such costs are not expenses that the Employee would be required to bear if bringing or defending the action in a court of law. The Employee and the Company shall each bear the fees and costs of their own attorneys, experts or other representatives incurred in connection with the arbitration, and the arbitrator will not have authority to award fees and costs unless a statute at issue in the dispute or other appropriate law authorizes the award of attorneys’ fees to the prevailing party, in which case the arbitrator shall have the authority to make an award of attorneys’ fees as permitted by the applicable statute or law.

Mutual Agreement to Arbitrate. Employee Executive and the Company understand and agree that any existing or future dispute or claim arising out of or related to this Agreement, EmployeeExecutive’s employment, or the termination of such employment, will be resolved by final and binding arbitration and that no other forum for dispute resolution will be available to either party, except as to those claims identified below. The decision of the arbitrator shall be final and binding on both parties and it shall be enforceable by any court having proper jurisdiction. The arbitration proceedings shall be conducted pursuant to the Federal Arbitration Act, and in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association or the Employment Arbitration Rules and Procedures adopted by Judicial Arbitration and Mediation Services (“JAMS”). Except as mutually agreed by the parties, the arbitration shall be conducted in Louisville, Kentucky. The arbitrator will have all the powers a judge would have in dealing with any question or dispute that may arise before, during and or after the arbitration. Claims not covered by this agreement to arbitrate are: (a) Claims under Title VTT of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention, and (b) Claims for benefits under the workers’ compensation, unemployment insurance and state disability insurance laws., and (cb) Claims for injunctive relief and any other equitable relief arising out of the Company’s efforts to enforce numerical paragraph Section 9 of this Agreement including, but not limited to claims for injunctive reliefAgreement. The Company agrees to bear the costs of the arbitrator’s fee and all other costs related to the arbitration, assuming such costs are not expenses that Employee would be required to bear if bringing or defending the action in a court of law. Employee Executive and the Company shall each bear the fees and costs of their own attorneys, experts or other representatives incurred in connection with the arbitration, and the arbitrator will not have authority to award fees and costs unless a statute at issue in the dispute or other appropriate law authorizes the award of attorneys’ fees to the prevailing party, in which case the arbitrator shall have the authority to make an award of attorneys’ fees as permitted by the applicable statute or law.. PharMerica Corporation Res-Care, Inc. DBA BrightSpring Health Services 800 X. Xxxxxxxxxxx Xarkway Louisville, KY 40222 (502) 394-2100 wwx.XxxxxxXxxxxxXxxxxx.xxx

Mutual Agreement to Arbitrate. Employee and the Company understand The Parties mutually promise and agree that that, other than an action for injunctive relief which must be brought in a court of competent jurisdiction, any existing or future dispute controversy or claim arising out of or related to this Agreement, or breach thereof, or arising out of Employee’s employment with the Company or termination of that employment, including but not limited to any claims of harassment, discrimination, retaliation, or other unlawful treatment, claims of negligence or gross negligence, or any other claims based on federal, state, or local laws or regulations or common law, whether brought by Employee against the termination of such employmentCompany or by the Company against Employee, will be resolved by final and binding arbitration and that no other forum for dispute resolution will be available to either party, except as to those claims identified below. The decision of the arbitrator shall be final and binding on both parties and it shall settled by arbitration by a single arbitrator, to be enforceable agreed upon by any court having proper jurisdiction. The the Parties, in an arbitration proceedings shall proceeding to be conducted pursuant to the Federal Arbitration Actin Boston, Massachusetts and otherwise in accordance with the National Federal Arbitration Act and the Employment Arbitration Rules for the Resolution of Employment Disputes of the American Arbitration Association or (“AAA”). If the Federal Arbitration Act is deemed by competent legal authority not to apply, then arbitration shall be in accordance with the applicable law of the State of Massachusetts and the Employment Arbitration Rules of the AAA. Should the Parties be unable to agree to a single arbitrator, one will be appointed by AAA. All applicable statutory and Procedures adopted common law rights and remedies remain available to the Parties under this arbitration agreement. All applicable statutes of limitations and obligations to exhaust administrative remedies prior to demanding arbitration remain in effect. The filing of a lawsuit shall not toll the running of any applicable statute of limitations, or jurisdictional or other time limit for bringing a claim. This arbitration agreement must be invoked with written notice from one party to the other provided in accordance with Section 20: Notice, of this Agreement. This arbitration agreement may not be cancelled, altered or amended by Judicial Arbitration and Mediation Services (“JAMS”)either Party without a written agreement signed by both Parties. Except as mutually agreed by The arbitrator's responsibility is to determine whether applicable law has been complied with in the partiesmatter submitted for arbitration. In fulfilling this responsibility, the arbitration shall be conducted in Louisvillearbitrator may interpret Company policies and procedures, Kentuckybut will not have any power to change them. The arbitrator will have all be requested to render findings of fact and conclusions of law along with a reasoned award or decision on the powers a judge would have in dealing with any question or dispute that may arise before, during and matter within 45 days after the arbitration. Claims not covered by this agreement to arbitrate are: (a) Claims under Title VTT of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassmentarbitration hearing is concluded and post-hearing briefs, including assault and batteryif any, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention, and (b) Claims for benefits under the workers’ compensation, unemployment insurance and state disability insurance laws. (c) Claims arising out of the Company’s efforts to enforce numerical paragraph 9 of this Agreement including, but not limited to claims for injunctive reliefare submitted. The Company agrees to bear and Employee will share the costs cost of the arbitrator’s fee filing fee, hearing fee, and all other costs related to the arbitrationfees and costs, assuming but Employee’s share of such costs are shall not expenses that Employee would be required to bear if bringing or defending the action in a court of lawexceed three hundred fifty dollars ($350.00). Employee and the Company shall will each bear be responsible for the fees and costs of their own attorneysrespective legal counsel, experts if any, and any other expenses and costs, such as costs associated with discovery, witnesses, translators, or other representatives incurred obtaining copies of hearing transcripts. Either party may appeal the arbitrator’s award. Such appeals shall be filed with AAA and shall proceed pursuant to AAA’s Optional Appellate Arbitration Rules, which provide that the party appealing the award shall pay the arbitrators’ and AAA’s fees and costs, unless the arbitrators rule otherwise. The underlying award rendered by the arbitrator shall not be considered final until after the time for filing the notice of appeal has expired pursuant to the AAA Optional Appellate Arbitration Rules. A notice of appeal must be filed within thirty (30) days of receipt of the arbitrator’s underlying award, as provided by Rule A-3 of the Optional Appellate Arbitration Rules, by filing a Notice of Appeal with any AAA office. AAA may be contacted online at xxx.xxx.xxx or by phone at 000-000-0000. The AAA Optional Appellate Arbitration Rules shall apply except that the panel shall apply the same standard of review that the first-level appellate court in connection Massachusetts would apply to an appeal from the decision of a trial court sitting without a jury. The decision of the appeal panel shall be final and binding on the parties in accordance with the arbitrationAAA Optional Appellate Arbitration Rules. The decision rendered by the appeal tribunal shall be final for purposes of judicial enforcement proceedings. Either party may bring an action in any court of competent jurisdiction to compel arbitration under this agreement, to enforce an arbitration award, or to vacate an arbitration award. However, in an action to vacate an award, the standard of review to be applied to the arbitrator's findings of fact and conclusions of law will be the arbitrator will not have authority same as that applied by an appellate court reviewing a decision of a trial court sitting without a jury. If either Party to award this Agreement files a lawsuit in court in violation of the agreement to arbitrate, such filing shall be considered a breach of that Party’s agreement to arbitrate and a breach of this Agreement. The non-breaching party may recover its attorneys’ fees and costs unless incurred in enforcing the agreement to arbitrate in court through a statute at issue successful motion to compel arbitration, motion to xxxxx, or other such enforcement mechanism, along with any successful appeal of any adverse ruling on such motion. Exclusions and Restrictions: Certain issues may not be submitted for review (or exclusive review) by arbitration. Excluded Issues: Workers’ compensation benefit claims, any claim involving the construction or application of a benefit plan covered by the Employee Retirement Income Security Act (ERISA) (these types of claims may be arbitrable under the applicable ERISA plan and are governed by the plan documents for such plan), and claims for unemployment benefits are excluded from this agreement to arbitrate. In addition, any non-waivable statutory claims, which may include wage claims within the jurisdiction of a local or state labor commission or administrative agency, charges before the Equal Employment Opportunity Commission, National Labor Relations Board, or similar local or state agencies, are not subject to exclusive review by arbitration. This means that Employee may file such non-waivable statutory claims with the appropriate agency that has jurisdiction over them, regardless of whether Employee decides to use arbitration to resolve them. However, if such an agency completes its processing of Employee’s action against the Company, Employee must use arbitration if he wishes to pursue further his legal rights, rather than filing a lawsuit on the action in court. Arbitration also does not apply to claims for injunctive relief and/or other equitable relief for unfair competition and/or the use of unauthorized disclosure of trade secrets or confidential information, relief for which may be sought in court. Sexual Harassment Complaints: Due to the sensitive nature of claims of sexual harassment, Employee is allowed to follow the steps in the dispute Company's policy prohibiting sexual harassment. If Employee is not satisfied with the Company's response to a claim for sexual harassment, then Employee must use arbitration according to this agreement to resolve the claim or other appropriate law authorizes the award of attorneys’ fees to the prevailing partydispute, in which case the arbitrator shall have the authority to make an award of attorneys’ fees as permitted by after meeting all administrative prerequisites under the applicable statute or state and/or federal law.

Mutual Agreement to Arbitrate. Employee and the Company understand The Parties mutually promise and agree that that, other than an action for injunctive relief which must be brought in a court of competent jurisdiction, any existing or future dispute controversy or claim arising out of or related to this Agreement, or breach thereof, or arising out of Employee’s employment with the Company or termination of that employment, including but not limited to any claims of harassment, discrimination, retaliation, or other unlawful treatment, claims of negligence or gross negligence, or any other claims based on federal, state, or local laws or regulations or common law, whether brought by Employee against the termination of such employmentCompany or by the Company against Employee, will be resolved by final and binding arbitration and that no other forum for dispute resolution will be available to either party, except as to those claims identified below. The decision of the arbitrator shall be final and binding on both parties and it shall settled by arbitration by a single arbitrator, to be enforceable agreed upon by any court having proper jurisdiction. The the Parties, in an arbitration proceedings shall proceeding to be conducted pursuant to the Federal Arbitration Actin Boston, Massachusetts and otherwise in accordance with the National Federal Arbitration Act and the Employment Arbitration Rules for the Resolution of Employment Disputes of the American Arbitration Association or (“AAA”). If the Federal Arbitration Act is deemed by competent legal authority not to apply, then arbitration shall be in accordance with the applicable law of the State of Massachusetts and the Employment Arbitration Rules of the AAA. Should the Parties be unable to agree to a single arbitrator, one will be appointed by AAA. All applicable statutory and Procedures adopted common law rights and remedies remain available to the Parties under this arbitration agreement. All applicable statutes of limitations and obligations to exhaust administrative remedies prior to demanding arbitration remain in effect. The filing of a lawsuit shall not toll the running of any applicable statute of limitations, or jurisdictional or other time limit for bringing a claim. This arbitration agreement must be invoked with written notice from one party to the other provided in accordance with Section 20: Notice, of this Agreement. This arbitration agreement may not be cancelled, altered or amended by Judicial Arbitration and Mediation Services (“JAMS”)either Party without a written agreement signed by both Parties. Except as mutually agreed by The arbitrator’s responsibility is to determine whether applicable law has been complied with in the partiesmatter submitted for arbitration. In fulfilling this responsibility, the arbitration shall be conducted in Louisvillearbitrator may interpret Company policies and procedures, Kentuckybut will not have any power to change them. The arbitrator will have all be requested to render findings of fact and conclusions of law along with a reasoned award or decision on the powers a judge would have in dealing with any question or dispute that may arise before, during and matter within 45 days after the arbitration. Claims not covered by this agreement to arbitrate are: (a) Claims under Title VTT of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassmentarbitration hearing is concluded and post-hearing briefs, including assault and batteryif any, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention, and (b) Claims for benefits under the workers’ compensation, unemployment insurance and state disability insurance laws. (c) Claims arising out of the Company’s efforts to enforce numerical paragraph 9 of this Agreement including, but not limited to claims for injunctive reliefare submitted. The Company agrees to bear and Employee will share the costs cost of the arbitrator’s fee filing fee, hearing fee, and all other costs related to the arbitrationfees and costs, assuming but Employee’s share of such costs are shall not expenses that Employee would be required to bear if bringing or defending the action in a court of lawexceed three hundred fifty dollars ($350.00). Employee and the Company shall will each bear be responsible for the fees and costs of their own attorneysrespective legal counsel, experts if any, and any other expenses and costs, such as costs associated with discovery, witnesses, translators, or other representatives incurred obtaining copies of hearing transcripts. Either party may appeal the arbitrator’s award. Such appeals shall be filed with AAA and shall proceed pursuant to AAA’s Optional Appellate Arbitration Rules, which provide that the party appealing the award shall pay the arbitrators’ and AAA’s fees and costs, unless the arbitrators rule otherwise. The underlying award rendered by the arbitrator shall not be considered final until after the time for filing the notice of appeal has expired pursuant to the AAA Optional Appellate Arbitration Rules. A notice of appeal must be filed within thirty (30) days of receipt of the arbitrator’s underlying award, as provided by Rule A-3 of the Optional Appellate Arbitration Rules, by filing a Notice of Appeal with any AAA office. AAA may be contacted online at xxx.xxx.xxx or by phone at 000-000-0000. The AAA Optional Appellate Arbitration Rules shall apply except that the panel shall apply the same standard of review that the first-level appellate court in connection Massachusetts would apply to an appeal from the decision of a trial court sitting without a jury. The decision of the appeal panel shall be final and binding on the parties in accordance with the arbitrationAAA Optional Appellate Arbitration Rules. The decision rendered by the appeal tribunal shall be final for purposes of judicial enforcement proceedings. Either party may bring an action in any court of competent jurisdiction to compel arbitration under this agreement, to enforce an arbitration award, or to vacate an arbitration award. However, in an action to vacate an award, the standard of review to be applied to the arbitrator’s findings of fact and conclusions of law will be the arbitrator will not have authority same as that applied by an appellate court reviewing a decision of a trial court sitting without a jury. If either Party to award this Agreement files a lawsuit in court in violation of the agreement to arbitrate, such filing shall be considered a breach of that Party’s agreement to arbitrate and a breach of this Agreement. The non-breaching party may recover its attorneys’ fees and costs unless incurred in enforcing the agreement to arbitrate in court through a statute at issue successful motion to compel arbitration, motion to xxxxx, or other such enforcement mechanism, along with any successful appeal of any adverse ruling on such motion. Exclusions and Restrictions: Certain issues may not be submitted for review (or exclusive review) by arbitration. Excluded Issues: Workers’ compensation benefit claims, any claim involving the construction or application of a benefit plan covered by the Employee Retirement Income Security Act (ERISA) (these types of claims may be arbitrable under the applicable ERISA plan and are governed by the plan documents for such plan), and claims for unemployment benefits are excluded from this agreement to arbitrate. In addition, any non-waivable statutory claims, which may include wage claims within the jurisdiction of a local or state labor commission or administrative agency, charges before the Equal Employment Opportunity Commission, National Labor Relations Board, or similar local or state agencies, are not subject to exclusive review by arbitration. This means that Employee may file such non-waivable statutory claims with the appropriate agency that has jurisdiction over them, regardless of whether Employee decides to use arbitration to resolve them. However, if such an agency completes its processing of Employee’s action against the Company, Employee must use arbitration if he wishes to pursue further his legal rights, rather than filing a lawsuit on the action in court. Arbitration also does not apply to claims for injunctive relief and/or other equitable relief for unfair competition and/or the use of unauthorized disclosure of trade secrets or confidential information, relief for which may be sought in court. Sexual Harassment Complaints: Due to the sensitive nature of claims of sexual harassment, Employee is allowed to follow the steps in the dispute Company’s policy prohibiting sexual harassment. If Employee is not satisfied with the Company’s response to a claim for sexual harassment, then Employee must use arbitration according to this agreement to resolve the claim or other appropriate law authorizes the award of attorneys’ fees to the prevailing partydispute, in which case the arbitrator shall have the authority to make an award of attorneys’ fees as permitted by after meeting all administrative prerequisites under the applicable statute or state and/or federal law.

Mutual Agreement to Arbitrate. Employee and the Company understand and agree that any existing or future dispute or claim arising out of or related to this Agreement, Employee’s employment, or the termination of such employment, will be resolved by final and binding arbitration and that no other forum for dispute resolution will be available to either party, except as to those claims identified below. The decision of the arbitrator shall be final and binding on both parties and it shall be enforceable by any court having proper jurisdiction. The arbitration proceedings shall be conducted pursuant to the Federal Arbitration Act, and in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association or the Employment Arbitration Rules and Procedures adopted by Judicial Arbitration and Mediation Services (“JAMS”). Except as mutually agreed by the parties, the arbitration shall be conducted in Louisville, Kentucky, the location of the principal office of the Company. The arbitrator will have all the powers a judge would have in dealing with any question or dispute that may arise before, during and after the arbitration. Claims not covered by this agreement to arbitrate are: (a) Claims under Title VTT VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention, and (b) Claims for benefits under the workers’ compensation, unemployment insurance and state disability insurance laws. (c) Claims arising out . The parties expressly agree that in such cases where equitable relief is sought, any hearing or trial on the merits of the Company’s efforts action will occur in front of, and will be decided by, the arbitrator, who will have the same ability to enforce numerical paragraph 9 order legal or equitable remedies as could a court of this Agreement including, but not limited to claims for injunctive reliefgeneral jurisdiction. The Company agrees to bear the costs of the arbitrator’s fee and all other costs related to the arbitration, assuming such costs are not expenses that the Employee would be required to bear if bringing or defending the action in a court of law. The Employee and the Company shall each bear the fees and costs of their own attorneys, experts or other representatives incurred in connection with the arbitration, and the arbitrator will not have authority to award fees and costs unless a statute at issue in the dispute or other appropriate law authorizes the award of attorneys’ fees to the prevailing party, in which case the arbitrator shall have the authority to make an award of attorneys’ fees as permitted by the applicable statute or law.