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 amounts specified (a) Except as provided in Section 11.3(i) above, for purposes of this Agreement, other than any payments that Employee has elected Employee's date of termination will be the date Employer gives written notice of termination to receive in Employee. If termination is under circumstances invoking the form benefits of a monthly annuity or has elected to defer under a deferred compensation planthis Section 11, then the sums specified herein will be paid by the Company no more than forty-five ten (4510) business days after the date of termination. In , except that the event that portion of the payment based upon the amounts payable under any payments due hereunder will Employer bonus plan shall be delayed for any reason for more paid no later than five ten (510) business days from after the amounts payable under such plans have been determined following availability of results necessary for computation of such amounts. (b) If Employer wishes to contest or dispute a termination for "good reason" by Employee, it must have delivered to Employee written notice of such dispute within the ten (10) day period after the date dueof termination. If Employee desires to contest or dispute a termination by Employer, the amounts or any failure to make payments claimed to be 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 Bellevuehereunder, Washington. Either Party may commence the arbitration by delivery of a Employee must give written notice to the other, describing the issue in of such 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 noticereceiving a Notice of Termination or, 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 if no Notice 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 argumentprovided, within thirty (30) days of his Employee's actual termination by Employer. In the event of a dispute, Employer shall continue to pay Employee's full base salary and continue all Employee's employee benefits in force until final resolution of any such dispute by mutual agreement or her appointmentthe final judgment, and will issue an award within fifteen decree or order of a court of competent jurisdiction (15) days including any appeals, if such are perfected). Employee may, at Employee's or Employer's option, be suspended from all duties during the pendency of such a contest or dispute. If Employee prevails in any such contest or dispute, Employer shall thereupon be liable for the full amounts due under this Section 11 as of the close date of the hearing. The Company will, regardless of the outcome, termination after adjustments for amounts already paid. (c) Employer will pay all reasonable fees and expenses, including reasonable full attorneys’ fees and the cost of any arbitrator' fees, incurred by Employee in good faith in contesting or disputing any termination for Cause after a Change of Control or in seeking to obtain or enforce any right or benefit provided by this Agreement. The arbitration . (d) If any payments due hereunder shall be delayed for any reason for more than ten (10) business days from the date of any disputed matter will be subject termination (or availability of results under the company's bonus plan), the amounts due shall bear the maximum legal rate of interest until paid. (e) Notwithstanding the provisions as to time of payment as above set forth, Employee may at Employee's sole option elect to have some or all of such amounts due Employee deferred to a date or dates of Employee's choosing over a period not to exceed two (2) years, in which event the statutes of limitations of unpaid balances shall not bear interest during the state of Washington as would have been applicable had such disputed matter been litigated in a court of lawdeferred period elected by Employee.

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. 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.[07770-0016/JQ.doc]

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.