Common use of Subpoenas Clause in Contracts

Subpoenas. Each party shall have the right to subpoena witnesses and documents for the arbitration. Arbitration Procedures The Company and Executive agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures of the American Arbitration Association ("AAA") before an Arbitrator who is licensed to practice law in the state of California ("Arbitrator"). The arbitration shall take place in or near the city in which Executive is or was last employed by the Company, if Executive is or was employed in the State of California. If Executive is or was employed outside the State of California, then at the Company's headquarters in Orange, California. The Arbitrator shall be selected as follows. The AAA shall give each party a list of 11 arbitrators drawn from its panel of labor-management dispute arbitrators. Each party may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists until the Arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) asserted. The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations. Arbitration Fees and Costs The Company and Executive shall equally share the fees and costs of the Arbitrator. Each party will deposit funds or post other appropriate security for its share of the Arbitrator's fee, in an amount and manner determined by the Arbitrator, 10 days before the first day of hearing. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim which affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party. Judicial Review Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award. A party opposing enforcement of an award may not do so in an enforcement proceeding, but must bring a separate action in any court of competent jurisdiction to set aside the award, where the standard of review will be the same as that applied by an appellate court reviewing a decision of a trial court sitting without a jury. Interstate Commerce Executive understands and agrees that the Company is engaged in transactions involving interstate commerce and that Executive's employment involves such commerce.

Subpoenas. Each party shall have the right to subpoena witnesses and documents for the arbitration. Arbitration Procedures The Company and Executive I agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures of the American Arbitration Association ("AAA") before an Arbitrator who is licensed to practice law in the state of California ("Arbitrator"). The arbitration shall take place in or near the city in which Executive is I am or was last employed by the Company, if Executive is I am or was employed in the State of California. If Executive is I am or was employed outside the State of California, then at the Company's headquarters in Orange, California. The Arbitrator shall be selected as follows. The AAA shall give each party a list of 11 arbitrators drawn from its panel of labor-management dispute arbitrators. Each party may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists until the Arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) asserted. The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations. Arbitration Fees and Costs The Company and Executive I shall equally share the fees and costs of the Arbitrator. Each party will deposit funds or post other appropriate security for its share of the Arbitrator's fee, in an amount and manner determined by the Arbitrator, 10 days before the first day of hearing. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim which affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party. Judicial Review Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award. A party opposing enforcement of an award may not do so in an enforcement proceeding, but must bring a separate action in any court of competent jurisdiction to set aside the award, where the standard of review will be the same as that applied by an appellate court reviewing a decision of a trial court sitting without a jury. Interstate Commerce Executive understands and agrees that the Company is engaged in transactions involving interstate commerce and that Executive's employment involves such commerce.

Subpoenas. Each party shall have the right to subpoena witnesses and documents for the arbitration. Arbitration Procedures The Company and Executive agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures of the American Arbitration Association ("“AAA"”) before an Arbitrator who is licensed to practice law in the state Commonwealth of California Virginia ("“Arbitrator"”). The arbitration shall take place in or near the city in which Executive is or was last employed by the Company, if Executive is or was employed in the State of California. If Executive is or was employed outside the State of California, then at the Company's ’s headquarters in OrangeRichmond, CaliforniaVirginia. The Arbitrator shall be selected as follows. The AAA shall give each party a list of 11 eleven (11) arbitrators drawn from its panel of labor-management dispute arbitrators. Each party may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists until the Arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) asserted. The Federal Rules of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations. Arbitration Fees and Costs The Company and Executive shall equally share the fees and costs of the Arbitrator. Each party will deposit funds or post other appropriate security for its share of the Arbitrator's fee, in an amount and manner determined by the Arbitrator, 10 days before the first day of hearing. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim which affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party. Judicial Review Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award. A party opposing enforcement of an award may not do so in an enforcement proceeding, but must bring a separate action in any court of competent jurisdiction to set aside the award, where the standard of review will be the same as that applied by an appellate court reviewing a decision of a trial court sitting without a jury. Interstate Commerce Executive understands and agrees that the Company is engaged in transactions involving interstate commerce and that Executive's employment involves such commerce.

Subpoenas. Each party shall have the right to subpoena witnesses and documents for the arbitration. The arbitration will be held under the auspices of the American Arbitration Procedures Association (“AAA”). The Company and Executive I agree that, except as provided in this Arbitration Agreement, any the arbitration shall be in accordance with the AAA’s National Rules for Resolution of Employment Disputes (or other then-current Model Employment Arbitration Procedures of the American Arbitration Association ("AAA") before employment arbitration procedures). The arbitrator shall be either a retired judge, or an Arbitrator who is attorney licensed to practice law in the state of California in which the arbitration is convened and with demonstrated experience and expertise in executive compensation matters ("the “Arbitrator"”). The arbitration shall take place in or near the city in which Executive is I am or was last employed by the Company, if Executive is or was employed in the State of California. If Executive is or was employed outside the State of California, then at the Company's headquarters in Orange, California. The Arbitrator shall be selected as follows. The AAA sponsoring organization shall give each party a list of 11 arbitrators drawn from its panel of labor-management employment dispute arbitrators. Each party may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately from the list of common names until only one remains. The party who did not initiate the claim shall strike first. If no common name remains exists on the lists of all parties, the AAA sponsoring organization shall furnish an additional list or and the process shall be repeated. If no arbitrator has been selected after two lists have been distributed, then the parties shall strike alternately from a third list, with the party initiating the claim striking first, until only one name remains. That person shall be designated as the Arbitrator is selectedArbitrator. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) asserted. If the parties’ dispute concerns a contract in which the parties have included a choice of law provision, the Arbitrator shall apply the law as designated by the parties. The Federal Rules Arbitrator is without jurisdiction to apply any different substantive law, or law of Evidence shall applyremedies. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties, except as provided in this Agreement. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person person, as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. Either party, at its expense, party may arrange for and pay the cost of obtain a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an a written award and opinion in the form typically rendered in labor arbitrationssetting forth his/her findings and conclusions. Arbitration Fees and Costs The Company and Executive Either party shall equally share have the fees and costs right, within 20 days of issuance of the Arbitrator. Each ’s opinion, to file with the Arbitrator a motion to reconsider (accompanied by a supporting brief), and the other party will deposit funds or post other appropriate security for its share shall have 20 days from the date of the Arbitrator's fee, in an amount and manner determined motion to respond. The Arbitrator thereupon shall reconsider the issues raised by the Arbitratormotion and, 10 days before promptly, either confirm or change the first day of hearing. Each party decision, which (except as provided by this Agreement) shall pay for its own costs then be final and attorneys' fees, if any. However, if any party prevails on a statutory claim which affords conclusive upon the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party. Judicial Review Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award. A party opposing enforcement of an award may not do so in an enforcement proceeding, but must bring a separate action in any court of competent jurisdiction to set aside the award, where the standard of review will be the same as that applied by an appellate court reviewing a decision of a trial court sitting without a jury. Interstate Commerce Executive understands and agrees that the Company is engaged in transactions involving interstate commerce and that Executive's employment involves such commerceparties.

Subpoenas. Each party shall have the right to subpoena witnesses and documents for the arbitration. Arbitration Procedures The Company and Executive I agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures of the American Arbitration Association ("AAA") before an Arbitrator arbitrator who is licensed to practice law in the state State of California New York ("the Arbitrator"). The arbitration shall take place in or near the city in which Executive is or was last employed by the CompanyCounty of New York, if Executive is or was employed in the State of California. If Executive is or was employed outside the State of California, then at the Company's headquarters in Orange, CaliforniaNew York. The Arbitrator shall be selected as follows. : The AAA shall give each party a list of 11 5 arbitrators drawn from its panel of labor-management dispute labor and employment arbitrators. Each party side may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that said individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists until the Arbitrator arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) assertedNew York. The Federal New York Rules of Of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations. Arbitration Fees and Costs The Company and Executive shall equally share the fees and costs of the Arbitrator. Each party will deposit funds or post other appropriate security for its share of the Arbitrator's fee, in an amount and manner determined by the Arbitrator, 10 days before the first day of hearing. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim which affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party. Judicial Review Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award. A party opposing enforcement Except as otherwise provided in this Agreement, both the Company and I agree that neither of us shall initiate or prosecute any lawsuit or administration action (other than an administrative charge of discrimination) in any way related to any claim covered by this Agreement. The Arbitrator shall render an award may not do so and written opinion in an enforcement proceeding, but must bring a separate action the form typically rendered in any court of competent jurisdiction to set aside the award, where the standard of review will be the same as that applied by an appellate court reviewing a decision of a trial court sitting without a jury. Interstate Commerce Executive understands and agrees that the Company is engaged in transactions involving interstate commerce and that Executive's employment involves such commercelabor arbitrations.

Subpoenas. Each party shall have the right to subpoena witnesses and documents for the arbitration. Arbitration Procedures The Company and Executive I agree that, except as provided in this Arbitration Agreement, any arbitration shall be in accordance with the then-current Model Employment Arbitration Procedures of the American Arbitration Association ("“AAA"”) before an Arbitrator arbitrator who is licensed to practice law in the state State of California New York ("“the Arbitrator"”). The arbitration shall take place in or near the city in which Executive is or was last employed by the CompanyCounty of New York, if Executive is or was employed in the State of California. If Executive is or was employed outside the State of California, then at the Company's headquarters in Orange, CaliforniaNew York. The Arbitrator shall be selected as follows. : The AAA shall give each party a list of 11 5 arbitrators drawn from its panel of labor-management dispute labor and employment arbitrators. Each party side may strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that said individual shall be designated as the Arbitrator. If more than one common name remains on the lists of all parties, the parties shall strike names alternately until only one remains. The party who did not initiate the claim shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list or lists until the Arbitrator arbitrator is selected. The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) assertedNew York. The Federal New York Rules of Of Evidence shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration shall be final and binding upon the parties. The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules rules of Civil Procedure. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and opinion in the form typically rendered in labor arbitrations. Arbitration Fees and Costs The Company and Executive shall equally share the fees and costs of the Arbitrator. Each party will deposit funds or post other appropriate security for its share of the Arbitrator's fee, in an amount and manner determined by the Arbitrator, 10 days before the first day of hearing. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim which affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party. Judicial Review Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award. A party opposing enforcement Except as otherwise provided in this Agreement, both the Company and I agree that neither of us shall initiate or prosecute any lawsuit or administration action (other than an administrative charge of discrimination) in any way related to any claim covered by this Agreement. The Arbitrator shall render an award may not do so and written opinion in an enforcement proceeding, but must bring a separate action the form typically rendered in any court of competent jurisdiction to set aside the award, where the standard of review will be the same as that applied by an appellate court reviewing a decision of a trial court sitting without a jury. Interstate Commerce Executive understands and agrees that the Company is engaged in transactions involving interstate commerce and that Executive's employment involves such commercelabor arbitrations.