Common use of TWELFTH Clause in Contracts

TWELFTH. This Termination Agreement is made and entered into in the State of Texas, and, except to the extent that federal law controls the interpretation or enforceability of any provision in this Termination Agreement in which case any such provision shall be construed and enforced in accordance with federal law, shall in all respects be interpreted, enforced and governed under the laws of the State of Texas. The language of all parts of this Termination Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. Any claim or controversy of whatever nature arising from or relating in any way to this Termination Agreement, the Employment Agreement, the employment relationship between the Company and Employee or the cessation of such relationship, including disputes arising under the common law or federal or state statutes, laws or regulations and disputes with respect to the arbitrability of any claim or controversy, shall be resolved exclusively by final and binding arbitration before a single experienced employment arbitrator selected in accordance with the Employment Dispute Resolution ("EDR") Rules of the American Arbitration Association ("AAA") unless the parties hereto shall agree otherwise in writing. The arbitration will be conducted in Houston, Texas (or in such other place as may be mutually agreed by the parties) pursuant to the EDR Rules of the AAA, and the arbitrator shall have full authority to award or grant all remedies provided by law. The judgment upon the award may be enforced by any court having jurisdiction thereof. Each party shall pay the fees of their respective attorneys, the expenses of their witnesses, and any other expenses incurred by such party in connection with the arbitration; provided, however, that the Company shall pay for the fees of the arbitrator and the administrative and filing fees charged by the AAA.

TWELFTH. This Termination Agreement is made and entered into in the State of Texas, and, except to the extent that federal law controls the interpretation or enforceability of any provision in this Termination Agreement in which case any such provision shall be construed and enforced in accordance with federal law, shall in all respects be interpreted, enforced and governed under the laws of the State of Texas. The language of all parts of this Termination Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. Any claim or controversy of whatever nature arising from or relating in any way to this Termination Agreement, the Employment Agreement, the employment relationship between the Company or any subsidiary or affiliate and Employee or the cessation of such relationship, including disputes arising under the common law or federal or state statutes, laws or regulations and disputes with respect to the arbitrability of any claim or controversy, shall be resolved exclusively by final and binding arbitration before a single experienced employment arbitrator selected in accordance with the Employment Dispute Resolution ("EDR") Rules of the American Arbitration Association ("AAA") unless the parties hereto shall agree otherwise in writing. The arbitration will be conducted in Houston, Texas (or in such other place as may be mutually agreed by the parties) pursuant to the EDR Rules of the AAA, and the arbitrator shall have full authority to award or grant all remedies provided by law. The judgment upon the award may be enforced by any court having jurisdiction thereof. Each party shall pay the fees of their respective attorneys, the expenses of their witnesses, and any other expenses incurred by such party in connection with the arbitration; provided, however, that the Company shall pay for the fees of the arbitrator and the administrative and filing fees charged by the AAA.