Remedy. Except as provided by the Rules and this Agreement, arbitration shall be the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 8 contracts
Samples: Employment Agreement (RespireRx Pharmaceuticals Inc.), Employment Agreement (RespireRx Pharmaceuticals Inc.), Employment Agreement (Cortex Pharmaceuticals Inc/De/)
Remedy. Except as otherwise provided by the Rules and law or this Agreement, arbitration shall be the sole, exclusive exclusive, and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as otherwise provided for and by the Rules and law or this Agreement, neither Executive nor and the Company will be permitted hereby waive the right to pursue court action regarding claims that are subject seek remedies for any such disputes in court, including the right to arbitrationa jury trial. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 8 contracts
Samples: Severance and Change in Control Agreement (Amerant Bancorp Inc.), Change in Control Agreement (Amerant Bancorp Inc.), Severance and Change in Control Agreement (First Financial Bancorp /Oh/)
Remedy. Except as provided by the Rules and this Agreement, arbitration Arbitration shall be the sole, exclusive and final remedy for any dispute (with the sole exception of those disputes that may arise from the EPIA, which shall be resolved in accordance with the dispute resolution procedures set forth therein) between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as otherwise provided for and by the Rules and this Agreementherein, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law law, which the Company has not adopted.
Appears in 7 contracts
Samples: Executive Employment Agreement (Alkami Technology, Inc.), Executive Employment Agreement (Alkami Technology, Inc.), Executive Employment Agreement (Alkami Technology, Inc.)
Remedy. Except as provided by the Rules and this Agreement, arbitration shall be the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 7 contracts
Samples: Executive Employment and Confidential Information and Invention Assignment Agreement (Supergen Inc), Executive Employment Agreement (Supergen Inc), Executive Employment Agreement (Supergen Inc)
Remedy. Except as provided by the Rules and this AgreementRules, arbitration shall will be the sole, exclusive exclusive, and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policypolicy unless such policy is in conflict with the explicit terms of this Agreement, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 5 contracts
Samples: Employment Agreement (Taleo Corp), Employment Agreement (Taleo Corp), Employment Agreement (Taleo Corp)
Remedy. Except as provided by the Rules and this Agreementagreement, arbitration shall be the sole, exclusive exclusive, and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules rules and this Agreementagreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which law. Nothing in this agreement or in this provision is intended to waive the Company has not adoptedprovisional relief remedies available under the Rules.
Appears in 5 contracts
Samples: Employment Agreement (Extend Health Inc), Employment Agreement (Extend Health Inc), Employment Agreement (Extend Health Inc)
Remedy. Except as provided by the Rules and this AgreementSections 16(d) and 16(e) hereof, arbitration shall will be the sole, exclusive and final remedy for any dispute between the Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this AgreementRules, neither the Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. NotwithstandingNotwithstanding the foregoing, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 4 contracts
Samples: Employment Agreement, Employment Agreement (Ellie Mae Inc), Employment Agreement (Ellie Mae Inc)
Remedy. Except as provided by the Rules and this Agreementrules, arbitration shall be the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 3 contracts
Samples: Executive Officer Employment Agreement (Copart Inc), Employment Agreement (Ziprealty Inc), Employment Agreement (Ziprealty Inc)
Remedy. Except as provided by the Rules and Section 17(d) of this Agreement, arbitration shall be the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this AgreementFAA, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. NotwithstandingNotwithstanding any other provision of this Agreement, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 3 contracts
Samples: Executive Officer Employment Agreement, Executive Officer Employment Agreement (Copart Inc), Executive Officer Employment Agreement (Copart Inc)
Remedy. Except as provided by the Rules and this Agreement, applicable law, and by the Rules, including any provisional relief offered therein, arbitration shall will be the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules Rules, applicable law, and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 3 contracts
Samples: Executive Employment Agreement (Impinj Inc), Executive Employment Agreement (Impinj Inc), Executive Employment Agreement (Impinj Inc)
Remedy. Except as provided by the Rules Rules, this Agreement and this the Confidential Information Agreement, arbitration shall will be the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules Rules, this Agreement and this Agreement, the Confidential Information Agreement neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 3 contracts
Samples: Employment Agreement (Carbylan Therapeutics, Inc.), Employment Agreement (Carbylan Therapeutics, Inc.), Employment Agreement (Ulthera Inc)
Remedy. Except as provided by the Rules and this Agreement, arbitration shall be the sole, exclusive and final remedy for any dispute between Executive and the parties arising out of, relating to or resulting from the Executive’s employment with the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this Agreement, neither the Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 2 contracts
Samples: Employment Agreement (Cepton, Inc.), Employment Agreement (Cepton, Inc.)
Remedy. Except as provided by the Rules and Section 18(d) of this Agreement, arbitration shall be the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this AgreementFAA, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. NotwithstandingNotwithstanding any other provision of this Agreement, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 2 contracts
Samples: Executive Officer Employment Agreement (Copart Inc), Executive Officer Employment Agreement (Copart Inc)
Remedy. Except as provided by the Rules and this AgreementRules, arbitration shall be the ------ sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 2 contracts
Samples: Employment Agreement (Emachines Inc /De/), Employment Agreement (Integrated Telecom Express Inc/ Ca)
Remedy. Except as provided by the Rules and this AgreementSections 10(d) and 10(e) hereof, arbitration shall will be the sole, exclusive and final remedy for any dispute between the Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this AgreementRules, neither the Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. NotwithstandingNotwithstanding the foregoing, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 2 contracts
Samples: Change in Control Severance Agreement (Ellie Mae Inc), Change in Control Severance Agreement (Ellie Mae Inc)
Remedy. Except as provided by the Rules and Section 19(d) of this Agreement, arbitration shall be the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this AgreementFAA, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. NotwithstandingNotwithstanding any other provision of this Agreement, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 2 contracts
Samples: Executive Officer Employment Agreement (Copart Inc), Executive Officer Employment Agreement (Copart Inc)
Remedy. Except as provided by the Rules and this AgreementRules, arbitration shall will be the sole, exclusive exclusive, and final remedy for any dispute between the Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this AgreementRules, neither the Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. NotwithstandingNotwithstanding the foregoing, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy that is not otherwise required by law which and that the Company has not adopted.
Appears in 2 contracts
Samples: Executive Employment Agreement (Nextg Networks Inc), Executive Employment Agreement (Nextg Networks Inc)
Remedy. Except as provided by the Rules and this Agreement, arbitration shall be the sole, exclusive and final remedy for any dispute between Executive Employee and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this Agreement, neither Executive Employee nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 2 contracts
Samples: Employment, Confidential Information, Invention Assignment, and Arbitration Agreement (Supergen Inc), Employment, Confidential Information, Invention Assignment, and Arbitration Agreement (Supergen Inc)
Remedy. Except as provided by the Rules and this AgreementAct, arbitration shall will be the sole, exclusive exclusive, and final remedy for any dispute between Executive and the Company, other than injunctive relief Company or other equitable relief under Section 8.6 abovethe Employer. Accordingly, except as provided for and by the Rules Act and this Agreement, neither Executive Executive, the Company, nor or the Company Employer will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company Group policy, and the arbitrator shall will not order or require the Company or the Employer to adopt a policy not otherwise required by law which the Company or the Employer has not adopted.
Appears in 2 contracts
Samples: Change in Control and Severance Agreement (QuantumScape Corp), Change in Control and Severance Agreement (QuantumScape Corp)
Remedy. Except as provided by the Rules and this Amended 2010 Agreement, arbitration shall be the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this Amended 2010 Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 1 contract
Remedy. Except as provided by the Rules and this AgreementSections 17(d) and 17(e) hereof, arbitration shall will be the sole, exclusive and final remedy for any dispute between the Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this AgreementRules, neither the Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. NotwithstandingNotwithstanding the foregoing, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 1 contract
Samples: Employment Agreement (Ellie Mae Inc)
Remedy. Except as provided by the Rules and this AgreementRules, arbitration shall be the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. NotwithstandingHowever, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 1 contract
Samples: Employment Agreement (Kyphon Inc)
Remedy. Except as provided by the Rules and this Agreement, arbitration Arbitration shall be the sole, exclusive and final remedy for any dispute (with the sole exception of those disputes that may arise from the Employee Agreement, which shall be resolved in accordance with the dispute resolution procedures set forth therein) between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as otherwise provided for and by the Rules and this Agreementherein,, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law law, which the Company has not adopted.
Appears in 1 contract
Samples: Executive Employment Agreement (Ascend Acquisition Corp.)
Remedy. Except as provided by the Rules and this AgreementRules, arbitration shall ------ be the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. NotwithstandingNotwithstanding anything to the contrary in this Agreement, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 1 contract
Remedy. Except as provided by the Rules and this AgreementRules, ------ arbitration shall be the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. NotwithstandingNotwithstanding anything in this Agreement to contrary, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which that the Company has not adopted.
Appears in 1 contract
Remedy. Except as provided by the Rules and this Agreement, arbitration Arbitration shall be the sole, exclusive and final remedy for any dispute (with the sole exception of those disputes that may arise from the EPIA, which shall be resolved in accordance with the dispute resolution procedures set forth therein) between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as otherwise provided for and by the Rules and this Agreementherein, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. NotwithstandingNotwithstanding the foregoing, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law law, which the Company has not adopted.
Appears in 1 contract
Samples: Executive Employment Agreement (Threshold Pharmaceuticals Inc)
Remedy. Except as provided by the Rules and this 2010 Agreement, arbitration shall be the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this 2010 Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 1 contract
Remedy. Except as provided by the Rules and this AgreementRules, arbitration shall be the ------ sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. NotwithstandingNotwithstanding anything in this Agreement to contrary, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which that the Company has not adopted.
Appears in 1 contract
Remedy. Except as provided by the Rules and this AgreementAct, arbitration shall be the sole, exclusive exclusive, and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted..
Appears in 1 contract
Remedy. Except as provided by the Rules and this AgreementRules, arbitration shall be the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief subject to any appeals allowed under Section 8.6 abovethe Rules. Accordingly, except as provided for and by the Rules and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 1 contract
Remedy. Except as provided by the Rules and this AgreementAct, arbitration shall be the sole, exclusive exclusive, and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 1 contract
Samples: Employment Agreement (Intermedia Cloud Communications, Inc.)
Remedy. Except as provided by the Rules and this Change of Control Agreement, arbitration shall be the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this Change of Control Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 1 contract
Remedy. Except as provided by the Rules and this AgreementRules, arbitration shall be ------ the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 1 contract
Remedy. Except as provided by this Agreement and by the Rules and this AgreementRules, including any provisional relief offered therein, arbitration shall will be the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the The arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 1 contract
Samples: Employment Agreement (Spreadtrum Communications Inc)
Remedy. Except as provided by the Rules and this Agreement, applicable law, and by the Rules, including any provisional relief offered therein, arbitration shall will be the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules Rules, applicable law, and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adoptednotadopted.
Appears in 1 contract
Remedy. Except as provided by the Rules and this AgreementAct, arbitration shall will be the sole, exclusive exclusive, and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and 10 by the Rules Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 1 contract
Samples: Change of Control and Severance Agreement (Veracyte, Inc.)
Remedy. Except as provided by the Rules and this AgreementAct, arbitration shall will be the sole, exclusive exclusive, and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or 10 33857/00600/FW/10411001.4 require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 1 contract
Samples: Change of Control and Severance Agreement (Veracyte, Inc.)
Remedy. Except as otherwise provided by the Rules and law or this Amended Agreement, arbitration shall be the sole, exclusive exclusive, and final remedy for any dispute between Executive Employee and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as otherwise provided for and by the Rules and law or this Amended Agreement, neither Executive nor Employee and the Company will be permitted hereby waive the right to pursue court action regarding claims that are subject seek remedies for any such disputes in court, including the right to arbitrationa jury trial. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 1 contract
Samples: Employment Agreement (First Financial Bancorp /Oh/)
Remedy. Except as provided by the Rules and this Agreementbelow in Section 15(d), arbitration shall will be the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this Agreementbelow, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. NotwithstandingSubject to Sections 7(b), 8(b) and 8(c) of this Agreement, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 1 contract
Samples: Executive Employment Agreement (Biospecifics Technologies Corp)
Remedy. Except as provided by the Rules and this AgreementRules, arbitration shall ------ be the sole, exclusive and final remedy for any dispute between Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. NotwithstandingNotwithstanding anything in this Agreement to contrary, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which that the Company has not adopted.
Appears in 1 contract
Remedy. Except as provided by the Rules and this AgreementRules, arbitration shall will be the sole, exclusive and final remedy for any dispute between the Executive and the Company, other than injunctive relief or other equitable relief under Section 8.6 above. Accordingly, except as provided for and by the Rules and this AgreementRules, neither the Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
Appears in 1 contract
Samples: Employment Agreement (Ellie Mae Inc)