Common use of Dispute Resolutions Clause in Contracts

Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHORE, INC. /s/ Will▇▇ ▇. ▇▇▇▇▇▇▇▇, ▇▇. By: /s/ Lyle ▇▇▇▇▇▇▇▇▇▇ ---------------------------------- -------------------------------------- Will▇▇ ▇. ▇▇▇▇▇▇▇▇, ▇▇. Title: President & CEO ----------------------------------- Date:1-15-2001 Date: 1-15-2001 ----------------------------- ------------------------------------ Schedule A - Counties and Parishes in which Competition is Prohibited I. TEXAS Jeff▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Galveston Brazoria Calh▇▇▇ Aransas Nueces Came▇▇▇ ▇▇. LOUISIANA Cameron Vermilion Lafayette Iberia St. Mary Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Hanc▇▇▇ Harr▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇. ALABAMA Mobile V. FLORIDA

Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHORE, INC. /s/ Will▇▇ Eric ▇. ▇▇▇▇▇▇▇▇, ▇▇. ▇ By: /s/ Lyle ▇▇▇▇▇▇▇▇▇▇ ---------------------------------- -------------------------------------- Will▇▇ Eric ▇. ▇▇▇▇▇▇▇▇, ▇▇. ▇ Title: President Chairman & CEO ----------------------------------- Date:1Date: 1-15-2001 Date: 1-15-2001 ----------------------------- ------------------------------- ------------------------------------ Schedule A - Counties and Parishes in which Competition is Prohibited I. TEXAS Jeff▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Galveston Brazoria Calh▇▇▇ Aransas Nueces Came▇▇▇ ▇▇. LOUISIANA Cameron Vermilion Lafayette Iberia St. Mary Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Hanc▇▇▇ Harr▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇. ALABAMA Mobile V. FLORIDA

Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorneys' attorney's fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgment Judgement may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHOREOFFSHIORE, INC. /s/ Will▇▇ ▇. __________________________ By:___________________________ ▇▇▇▇▇▇▇▇, ▇▇. By: /s/ Lyle ▇▇▇▇▇▇▇▇▇▇ ---------------------------------- -------------------------------------- Will▇▇ ▇. ▇▇▇▇▇▇▇▇, ▇▇. Title: President & CEO ----------------------------------- Date:1-15-2001 :________________________ Date: 1-15-2001 ----------------------------- ------------------------------------ :______________________ Date:_________________________ Schedule A - Counties and Parishes in which Competition is Prohibited Prohibited I. TEXAS Jeff▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Galveston Brazoria Calh▇▇▇▇▇▇▇ Aransas Nueces Came▇▇▇▇▇▇▇ ▇▇. LOUISIANA Cameron Vermilion Lafayette Iberia St. Mary ▇▇▇▇ Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Hanc▇▇▇ Harr▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇ ▇▇. ALABAMA Mobile V. FLORIDA▇▇▇▇▇

Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHORE, INC. /s/ Will▇▇ ▇. ▇▇▇▇▇▇▇▇, ▇▇. By: /s/ Lyle ▇▇▇▇▇▇▇▇▇▇ ---------------------------------- -------------------------------------- Will▇▇ ▇. ▇▇▇▇▇▇▇▇, ▇▇. Title: President & CEO ----------------------------------- Date:1-15-2001 Date: 1-15-2001 ----------------------------- ------------------------------------ Schedule A - Counties and Parishes in which Competition is Prohibited I. TEXAS Jeff▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Galveston Brazoria Calh▇▇▇ Aransas Nueces Came▇▇▇ ▇▇. LOUISIANA Cameron Vermilion Lafayette Iberia St. Mary Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Hanc▇▇▇ Harr▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇. ALABAMA Mobile V. FLORIDA.

Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHORE, INC. /s/ WillVinc▇▇▇ ▇. ▇▇▇▇▇▇▇▇, ▇▇. ▇ By: /s/ Lyle ▇▇▇▇▇▇▇▇▇▇ ---------------------------------- -------------------------------------- WillVinc▇▇▇ ▇. ▇▇▇▇▇▇▇▇, ▇▇. ▇ Title: President Chairman & CEO ----------------------------------- Date:1Date: 1-15-2001 01 Date: 1-15-2001 ----------------------------- ------------------------------------ Schedule A - Counties and Parishes in which Competition is Prohibited I. TEXAS Jeff▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Galveston Brazoria Calh▇▇▇ Aransas Nueces Came▇▇▇ ▇▇. LOUISIANA Cameron Vermilion Lafayette Iberia St. Mary Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Hanc▇▇▇ Harr▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇. ALABAMA Mobile V. FLORIDA

Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHORE, INC. /s/ Will▇Jame▇ ▇. ▇▇▇▇▇▇▇▇, ▇▇. ▇ By: /s/ Lyle ▇▇▇▇▇▇▇▇▇▇ ---------------------------------- -------------------------------------- Will▇Jame▇ ▇. ▇▇▇▇▇▇▇▇, ▇▇. ▇ Title: President Chairman & CEO ----------------------------------- Date:1Date: 1-15-2001 Date: 1-15-2001 ----------------------------- ------------------------------------ Schedule A - Counties and Parishes in which Competition is Prohibited I. TEXAS Jeff▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Galveston Brazoria Calh▇▇▇ Aransas Nueces Came▇▇▇ ▇▇. LOUISIANA Cameron Vermilion Lafayette Iberia St. Mary Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Hanc▇▇▇ Harr▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇. ALABAMA Mobile V. FLORIDA

Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorneys' attorney's fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHORE, INC. /s/ Will▇▇ ▇. __________________________ By:________________________ Willie J. Bergeron, Jr. ▇▇▇▇▇▇▇▇, ▇▇. By: /s/ Lyle ▇▇▇▇▇▇▇▇▇▇ ---------------------------------- -------------------------------------- Will▇▇ ▇. ▇▇▇▇▇▇▇▇, ▇▇. Title: President & CEO ----------------------------------- Date:1-15-2001 :________________________ Date: 1-15-2001 ----------------------------- ------------------------------------ :______________________ Date:________________________ Schedule A - Counties and Parishes in which Competition is Prohibitedprohibited. I. TEXAS JeffTexas Jefferson Chambers ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Galveston Brazoria Calh▇▇▇ Nueces Calhoun Aransas Nueces Came▇▇▇ ▇▇. LOUISIANA Cameron Vermilion Lafayette Iberia St. Mary Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Hanc▇▇▇ Harr▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇. ALABAMA Mobile V. FLORIDAn

Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHORE, INC. /s/ WillErne▇▇ ▇. ▇▇▇▇▇▇▇▇, ▇ ▇▇. ▇ By: /s/ Lyle ▇▇▇▇▇▇▇▇▇▇ ---------------------------------- -------------------------------------- WillErne▇▇ ▇. "▇▇bb▇▇" ▇▇bi▇▇▇▇ ▇▇▇▇▇, ▇▇. ▇ Title: President Chairman & CEO ----------------------------------- Date:1Date: 1-15-2001 Date: 1-15-2001 ----------------------------- ------------------------------------ Schedule A - Counties and Parishes in which Competition is Prohibited I. TEXAS Jeff▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Galveston Brazoria Calh▇▇▇ Aransas Nueces Came▇▇▇ ▇▇. LOUISIANA Cameron Vermilion Lafayette Iberia St. Mary Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Hanc▇▇▇ Harr▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇. ALABAMA Mobile V. FLORIDA

Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 5, 6 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHORE, INC. /s/ Will____________________________ By:_______________________________________ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, ▇▇. By: /s/ Lyle ▇▇▇▇▇▇▇▇▇▇ ---------------------------------- -------------------------------------- Will▇▇ ▇. ▇▇▇▇▇▇▇▇, ▇▇. Title: President & CEO ----------------------------------- Date:1-15-2001 :____________________________________ Date: 1-15-2001 ----------------------------- ------------------------------------ :_______________________ Date:_____________________________________ Schedule A - Counties and Parishes in which Competition is Prohibited Prohibited I. TEXAS Jeff▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Galveston Brazoria Calh▇▇▇▇▇▇▇ Aransas Nueces Came▇▇▇▇▇▇▇ ▇▇. LOUISIANA Cameron Vermilion Lafayette Iberia St. Mary ▇▇▇▇ Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI Hanc▇▇▇ Harr▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇ ▇▇. ALABAMA Mobile V. FLORIDA▇▇▇▇▇