Common use of Payments and Disputes Clause in Contracts

Payments and Disputes. The amounts specified in this Agreement, other than any payments that Employee has elected to receive in the form of a monthly annuity or has elected to defer under a deferred compensation plan, will be paid by the Company no more than forty-five (45) days after the date of termination. In the event that any payments due hereunder will be delayed for any reason for more than five (5) business days from the date due, the amounts due will bear interest at the rate of twelve percent (12%) per annum until paid. Any dispute between the Parties hereto with respect to any of the matters set forth herein will be submitted to binding arbitration in Bellevue, Washington. Either Party may commence the arbitration by delivery of a written notice to the other, describing the issue in dispute and its position with regard to the issue. If the Parties are unable to agree on an arbitrator within thirty (30) days following delivery of such notice, the arbitrator will be selected by a Judge of the Superior Court of the State of Washington for King County upon three (3) days’ notice. Discovery will be allowed in connection with any such arbitration to the same extent permitted by the Washington Rules of Civil Procedure, but either Party may petition the arbitrator to limit the scope of such discovery, in which event the arbitrator will determine the extent of discovery allowable in connection with the dispute in question. The arbitrator will have the authority only to interpret and apply the applicable provisions of this Agreement, will not add to, subtract from, reform, or modify any of the provisions of this Agreement, and will not have the authority to grant any award that is not consistent with the terms and provisions of this Agreement. Except as otherwise provided herein, the arbitration will be conducted in accordance with the rules of the American Arbitration Association then in effect for expedited proceedings. The award of the arbitrator will be final and binding, and judgment upon an award may be entered in any court of competent jurisdiction. The arbitrator will hold a hearing, at which the Parties may present evidence and argument, within thirty (30) days of his or her appointment, and will issue an award within fifteen (15) days of the close of the hearing. The Company will, regardless of the outcome, pay all reasonable fees and expenses, including reasonable attorneys’ fees and the cost of any arbitrator, incurred by Employee in contesting or disputing any termination for Cause or in seeking to obtain or enforce any right or benefit provided by this Agreement. The arbitration of any disputed matter will be subject to the statutes of limitations of the state of Washington as would have been applicable had such disputed matter been litigated in a court of law.

Payments and Disputes. The amounts specified in this Agreement, other than any payments that Employee has elected to receive in the form of a monthly annuity or has elected to defer under a deferred compensation plan, will be paid by the Company no more than forty-five (45) days after the date of termination. In the event that any payments due hereunder will be delayed for any reason for more than five (5) business days from the date due, the amounts due will bear interest at the rate of twelve percent (12%) per annum until paid. Any dispute between the Parties hereto with respect to any of the matters set forth herein will be submitted to binding arbitration in BellevueSeattle, Washington. Either Party may commence the arbitration by delivery of a written notice to the other, describing the issue in dispute and its position with regard to the issue. If the Parties are unable to agree on an arbitrator within thirty (30) days following delivery of such notice, the arbitrator will be selected by a Judge of the Superior Court of the State of Washington for King County upon three (3) days’ notice. Discovery will be allowed in connection with any such arbitration to the same extent permitted by the Washington Rules of Civil Procedure, but either Party may petition the arbitrator to limit the scope of such discovery, in which event the arbitrator will determine the extent of discovery allowable in connection with the dispute in question. The arbitrator will have the authority only to interpret and apply the applicable provisions of this Agreement, will not add to, subtract from, reform, or modify any of the provisions of this Agreement, and will not have the authority to grant any award that is not consistent with the terms and provisions of this Agreement. Except as otherwise provided herein, the arbitration will be conducted in accordance with the rules of the American Arbitration Association then in effect for expedited proceedings. The award of the arbitrator will be final and binding, and judgment upon an award may be entered in any court of competent jurisdiction. The arbitrator will hold a hearing, at which the Parties may present evidence and argument, within thirty (30) days of his or her appointment, and will issue an award within fifteen (15) days of the close of the hearing. The Company will, regardless of the outcome, pay all reasonable fees and expenses, including reasonable attorneys’ fees and the cost of any arbitrator, incurred by Employee in contesting or disputing any termination for Cause or in seeking to obtain or enforce any right or benefit provided by this Agreement. The arbitration of any disputed matter will be subject to the statutes of limitations of the state of Washington as would have been applicable had such disputed matter been litigated in a court of law.

Payments and Disputes. The amounts specified in this Agreement, other than any payments that which Employee has elected to receive in the form of a monthly annuity or has elected to defer under a deferred compensation plan, will shall be paid by the Company no more than forty-five (45) 30 days after the date of termination. In the event that any payments due hereunder will shall be delayed for any reason for more than five (5) business days from the date due, the amounts due will shall bear interest at the rate of twelve percent (12%) % per annum until paid. Any dispute between the Parties hereto with respect to any of the matters set forth herein will shall be submitted to binding arbitration in BellevueSeattle, Washington. Either Party may commence the arbitration by delivery of a written notice to the other, describing the issue in dispute and its position with regard to the issue. If the Parties are unable to agree on an arbitrator within thirty (30) 30 days following delivery of such notice, the arbitrator will shall be selected by a Judge of the Superior Court of the State of Washington for King County upon three (3) days’ notice. Discovery will shall be allowed in connection with any such arbitration to the same extent permitted by the Washington Rules of Civil Procedure, Procedure but either Party may petition the arbitrator to limit the scope of such discovery, in which event the arbitrator will shall determine the extent of discovery allowable in connection with the dispute in question. The arbitrator will have the authority only to interpret and apply the applicable provisions of this Agreement, will not add to, subtract from, reform, or modify any of the provisions of this Agreement, and will not have the authority to grant any award that is not consistent with the terms and provisions of this Agreement. Except as otherwise provided herein, the arbitration will shall be conducted in accordance with the rules of the American Arbitration Association then in effect for expedited proceedings. The award of the arbitrator will shall be final and binding, and judgment upon an award may be entered in any court of competent jurisdiction. The arbitrator will shall hold a hearing, at which the Parties may present evidence and argument, within thirty (30) 30 days of his or her appointment, and will shall issue an award within fifteen (15) 15 days of the close of the hearing. The Company will, regardless of the outcome, pay all reasonable fees and expenses, including reasonable attorneys’ fees and the cost of any arbitrator, incurred by Employee in contesting or disputing any termination for Cause or in seeking to obtain or enforce any right or benefit provided by this Agreement. The arbitration of any disputed matter will be subject to the statutes of limitations of the state of Washington as would have been applicable had such disputed matter been litigated in a court of law.

Payments and Disputes. The For purposes of this Agreement, the date of termination will be the date written notice of termination is given by Employee or the Company. If termination is under circumstances entitling Employee to the benefits of Section 1, then the amounts specified in this Agreement, other than any payments that Employee has elected to receive in the form of a monthly annuity or has elected to defer under a deferred compensation plan, Sections 1(a) and 1(b) will be paid by the Company no more than forty-five (45) ten business days after the date of termination. In the event that any payments due hereunder will shall be delayed for any reason for more than five (5) ten business days from the date due, the amounts due will shall bear interest at the rate of twelve percent (12%) % per annum until paid. In the event the Company wishes to contest or dispute a termination for Good Reason by Employee, it must give written notice of such dispute within 30days after the date of termination. If Employee wishes to contest or dispute a termination for Cause by the Company, Employee must give written notice of such dispute within 30 days of receiving a written notice of termination or, if no notice is provided, within 30 days after the date of actual termination by the Company. Any dispute between the Parties hereto with respect to any of the matters set forth herein will shall be submitted to binding arbitration in Bellevuecity of Seattle, state of Washington. Either Party may commence the arbitration by delivery of a written notice to the other, describing the issue in dispute and its position with regard to the issue. If the Parties are unable to agree on an arbitrator within thirty (30) 30 days following delivery of such notice, the arbitrator will shall be selected by a Judge of the Superior Court of the State of Washington for King County upon three (3) days’ ' notice. Discovery will shall be allowed in connection with any such arbitration to the same extent permitted by the Washington Rules of Civil Procedure, Procedure but either Party may petition the arbitrator to limit the scope of such discovery, in which event the arbitrator will shall determine the extent of discovery allowable in connection with the dispute in question. The arbitrator will have the authority only to interpret and apply the applicable provisions of this Agreement, will not add to, subtract from, reform, or modify any of the provisions of this Agreement, and will not have the authority to grant any award that is not consistent with the terms and provisions of this Agreement. Except as otherwise provided herein, the arbitration will shall be conducted in accordance with the rules of the American Arbitration Association then in effect for expedited proceedings. The award of the arbitrator will shall be final and binding, and judgment upon an award may be entered in any court of competent jurisdiction. The arbitrator will shall hold a hearing, at which the Parties may present evidence and argument, within thirty (30) 30 days of his or her appointment, and will shall issue an award within fifteen (15) 15 days of the close of the hearing. The Company will, regardless of the outcome, will pay all reasonable fees and expenses, including reasonable attorneys’ ' fees and the cost of any the arbitrator, incurred by Employee in good faith in contesting or disputing any termination for Cause or in seeking to obtain or enforce any right or benefit provided by this Agreement. The arbitration of any disputed matter will be subject to the statutes of limitations of the state of Washington as would have been applicable had such disputed matter been litigated in a court of law.

Payments and Disputes. For purposes of this Agreement, the date of termination will be the date written notice of termination is given by Employee or the Company. The amounts specified in this Agreement, other than any payments that Employee has elected to receive in the form of a monthly annuity or has elected to defer under a deferred compensation plan, Sections 11.3 (a) and 11.3(b) will be paid by the Company no more than forty-five (45) ten business days after the date of termination. In the event that any payments due hereunder will shall be delayed for any reason for more than five (5) ten business days from the date due, the amounts due will shall bear interest at the rate of twelve percent (12%) % per annum until paid. [07770-0016/RH.doc] Any dispute between the Parties hereto with respect to any of the matters set forth herein will shall be submitted to binding arbitration in Bellevuecity of Seattle, state of Washington. Either Party may commence the arbitration by delivery of a written notice to the other, describing the issue in dispute and its position with regard to the issue. If the Parties are unable to agree on an arbitrator within thirty (30) 30 days following delivery of such notice, the arbitrator will shall be selected by a Judge of the Superior Court of the State of Washington for King County upon three (3) days’ ' notice. Discovery will shall be allowed in connection with any such arbitration to the same extent permitted by the Washington Rules of Civil Procedure, Procedure but either Party may petition the arbitrator to limit the scope of such discovery, in which event the arbitrator will shall determine the extent of discovery allowable in connection with the dispute in question. The arbitrator will have the authority only to interpret and apply the applicable provisions of this Agreement, will not add to, subtract from, reform, or modify any of the provisions of this Agreement, and will not have the authority to grant any award that is not consistent with the terms and provisions of this Agreement. Except as otherwise provided herein, the arbitration will shall be conducted in accordance with the rules of the American Arbitration Association then in effect for expedited proceedings. The award of the arbitrator will shall be final and binding, and judgment upon an award may be entered in any court of competent jurisdiction. The arbitrator will shall hold a hearing, at which the Parties may present evidence and argument, within thirty (30) 30 days of his or her appointment, and will shall issue an award within fifteen (15) 15 days of the close of the hearing. The Company will, regardless of the outcome, will pay all reasonable fees and expenses, including reasonable attorneys’ ' fees and the cost of any the arbitrator, incurred by Employee in good faith in contesting or disputing any termination for Cause cause or in seeking to obtain or enforce any right or benefit provided by this Agreement. The arbitration of any disputed matter will be subject to the statutes of limitations of the state of Washington as would have been applicable had such disputed matter been litigated in a court of law.