Common use of Mandatory Arbitration Clause in Contracts

Mandatory Arbitration. The Employee and the Company agree that any claim, controversy, or dispute between the Employee and the Company (including without limitation Company’s Affiliates, officers, employees, representatives, or agents) arising out of or relating to this Agreement, the employment of the Employee, the cessation of employment of the Employee, or any matter relating to the foregoing shall be submitted to and settled by arbitration before a single arbitrator in the forum of the American Arbitration Association (“AAA”) located in New York County in the State of New York and conducted in accordance with the National Rules for the Resolution of Employment Disputes. In such arbitration, (a) the arbitrator shall agree to treat as confidential evidence and other information presented by the parties to the same extent as Confidential Information under this Agreement must be held confidential by the Employee, (b) the arbitrator shall have no authority to amend or modify any of the terms of this Agreement, and (c) the arbitrator shall have ten business days from the closing statements or submission of post-hearing briefs by the parties to render his decision. Any arbitration award (regardless of the forum) shall be final and binding upon the parties, and any court, state or federal, having jurisdiction may enter a judgment on the award. The foregoing requirement to arbitrate claims, controversies, and disputes applies to all claims or demands by the Employee, including without limitation any rights or claims the Employee may have under the Age Discrimination in Employment Act of 1967 (which prohibits age discrimination in employment), Title VII of the Civil Rights Act of 1964 (which prohibits discrimination in employment based on race, color, national origin, religion, sex, or pregnancy), the Equal Pay Act (which prohibits paying men and women unequal pay for equal work) or any other federal, state, or local laws or regulations pertaining to the Employee’s employment or the termination of the Employee’s employment. All costs of said arbitration, including the arbitrator’s fees, if any, shall be borne equally by the parties, unless the arbitration decision and award provides otherwise. All legal fees incurred by each party in connection with said arbitration shall be borne by the party who incurs them, unless applicable statutory authority exists providing for the award of attorneys’ fees to a prevailing party and the arbitration decision and award provides for the award of such fees.

Appears in 9 contracts

Sources: Employment Agreement (Schrodinger, Inc.), Employment Agreement (Schrodinger, Inc.), Employment Agreement (Schrodinger, Inc.)

Mandatory Arbitration. The Employee and the Company agree that any claim, controversy, controversy or dispute between the Employee and the Company (including without limitation Company’s Affiliatesits affiliates, officers, employees, representatives, or agents) arising out of or relating to this Agreement, the employment of the Employee, the cessation of employment of the Employee, or any matter relating to the foregoing shall be submitted to and settled by arbitration before in a single arbitrator in the forum of the American Arbitration Association ("AAA") located in New York County in the State of New York and conducted in accordance with the National Rules for the Resolution of Employment Disputes. In such arbitration, : (ai) the each arbitrator shall agree to treat as confidential evidence and other information presented by the parties to the same extent as Confidential Information under this Agreement must be held confidential by the Employee, (bii) the arbitrator arbitrators shall have no authority to amend or modify any of the terms of this Agreement, and (ciii) the arbitrator arbitrators shall have ten business days from the closing statements or submission of post-hearing briefs by the parties to render his their decision. Any arbitration award (regardless of the forum) shall be final and binding upon the parties, and any court, state or federal, having jurisdiction may enter a judgment on the award. The foregoing requirement to arbitrate claims, controversies, and disputes applies to all claims or demands by the Employee, including without limitation any rights or claims the Employee may have under the Age Discrimination in Employment Act of 1967 (which prohibits age discrimination in employment), Title VII of the Civil Rights Act of 1964 (which prohibits discrimination in employment based on race, color, national origin, religion, sex, or pregnancy), the Americans with Disabilities Act of 1991 (which prohibits discrimination in employment against qualified persons with a disability), the Equal Pay Act (which prohibits paying men and women unequal pay for equal work) or any other federal, state, or local laws or regulations pertaining to the Employee’s 's employment or the termination of the Employee’s 's employment. All costs of said arbitration, including the arbitrator’s fees, if any, shall be borne equally by the parties, unless the arbitration decision and award provides otherwise. All legal fees incurred by each party in connection with said arbitration shall be borne by the party who incurs them, unless applicable statutory authority exists providing for the award of attorneys’ fees to a prevailing party and the arbitration decision and award provides for the award of such fees.

Appears in 9 contracts

Sources: Employment Agreement (Juno Online Services Inc), Employment Agreement (Juno Online Services Inc), Employment Agreement (Juno Online Services Inc)

Mandatory Arbitration. The Employee and (a) Any controversy or claim between or among the Company agree that any claim, controversy, or dispute between the Employee and the Company (parties hereto including without limitation Company’s Affiliates, officers, employees, representatives, or agents) but not limited to those arising out of or relating to this Agreement, including any claim based on or arising from an alleged tort (but excluding the employment enforcement of the Employeespecific relief under Section 2.8(a) hereof, the cessation of employment of the Employee, or any matter relating to the foregoing which shall be submitted to and settled by arbitration before a single arbitrator resolved in the forum manner prescribed therein and disputes under Section 2.8 hereof, all of which shall be governed by the American Arbitration Association (“AAA”) located in New York County in the State of New York and conducted terms thereof), shall be determined by binding arbitration in accordance with the National Rules Federal Arbitration Act (or, if not applicable, the applicable New York law), the rules of practice and procedure for the Resolution arbitration of Employment Disputescommercial disputes of the AAA, and the "Special Rules" set forth in paragraph (b) below. In the event of any inconsistency, the Special Rules shall control. Judgment upon any arbitration award may be entered in any court having jurisdiction. Any party to this Agreement may bring an action, including a summary or expedited proceeding, to compel arbitration of any controversy or claim to which this Agreement applies in any court having jurisdiction over such action. (b) The following shall constitute the "Special Rules" which shall be applicable to any arbitration commenced under this Agreement: (i) the arbitration shall be conducted in New York, New York, and administered by AAA, who will appoint an arbitrator; (ii) all arbitration hearings will be commenced within 90 days of the demand for arbitration, provided that, the arbitrator shall, upon a showing of cause, be permitted to extend the commencement of such hearing for up to an additional 60 days; (iii) the costs and expenses of the arbitrator and reasonable costs and expenses of all parties to such arbitration, (a) the arbitrator shall agree to treat as confidential evidence and other information presented by the parties to the same extent as Confidential Information under this Agreement must be held confidential by the Employee, (b) the arbitrator shall have no authority to amend or modify any of the terms of this Agreement, and (c) the arbitrator shall have ten business days from the closing statements or submission of post-hearing briefs by the parties to render his decision. Any arbitration award (regardless of the forum) shall be final and binding upon the parties, and any court, state or federal, having jurisdiction may enter a judgment on the award. The foregoing requirement to arbitrate claims, controversies, and disputes applies to all claims or demands by the Employee, including without limitation any rights or claims the Employee may have under the Age Discrimination in Employment Act of 1967 (which prohibits age discrimination in employment), Title VII of the Civil Rights Act of 1964 (which prohibits discrimination in employment based on race, color, national origin, religion, sex, or pregnancy), the Equal Pay Act (which prohibits paying men and women unequal pay for equal work) or any other federal, state, or local laws or regulations pertaining to the Employee’s employment or the termination of the Employee’s employment. All costs of said arbitration, including the arbitrator’s professional fees, if any, shall be borne equally by the parties, unless the arbitration decision and award provides otherwise. All legal fees incurred by each party in connection with said arbitration shall be borne by the party or parties determined by the arbitrator, who incurs themshall, unless applicable statutory authority exists providing for in making such determination, take into account the award relative merits of attorneys’ fees to a prevailing party the positions contended by the parties and the arbitration decision and award provides for good faith efforts of the award parties in attempting to settle the matter without resort to arbitration, but the arbitrator shall not take into consideration the relative ability of the parties to pay such fees, costs, and expenses.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (New Valley Corp), Purchase and Sale Agreement (Insignia Financial Group Inc /De/)

Mandatory Arbitration. The Employee In consideration of the terms and conditions set forth herein, including the Corporation’s grant to the Grantee of the Award described above, the Grantee and the Company Corporation voluntarily promise and agree that to arbitrate any claim, controversy, or dispute between the Employee and the Company (including without limitation Company’s Affiliates, officers, employees, representatives, or agents) arising out of or relating to all claims and disputes covered by this Agreement, the employment of the Employee, the cessation of employment of the Employee, or any matter relating to the foregoing . The arbitration shall be submitted to and settled by binding arbitration before a single arbitrator in accordance with the forum Commercial Arbitration Rules of the American Arbitration Association (“AAA”) located in New York County in the State of New York and conducted in accordance with the National Rules for the Resolution of Employment DisputesDisputes (“Employment Dispute Rules”) in effect on the date the arbitration is commenced in accordance with this Agreement. In such arbitration, (a) The AAA’s Employment Dispute Rules shall govern disputes concerning the arbitrator shall agree to treat as confidential evidence and other information presented by the parties to the same extent as Confidential Information under this Agreement must be held confidential by the Employee, (b) the arbitrator shall have no authority to amend term or modify any termination of the terms of this Agreement, and (c) the arbitrator shall have ten business days from the closing statements or submission of post-hearing briefs by the parties to render his decision. Any arbitration award (regardless of the forum) shall be final and binding upon the parties, and any court, state or Grantee’s employment; all federal, having jurisdiction may enter a judgment on the award. The foregoing requirement to arbitrate claimsstate, controversiesor local laws, and disputes applies to all claims regulations, statutes, or demands by the Employeepolicies prohibiting employment discrimination and/or harassment (including, including without limitation any rights limitation, discrimination or claims the Employee may have under the Age Discrimination in Employment Act of 1967 (which prohibits age discrimination in employment), Title VII of the Civil Rights Act of 1964 (which prohibits discrimination in employment harassment based on race, colorsex, national origin, religion, sexage, or pregnancy)disability) and/or unlawful retaliation in termination of employment in violation of any public policy; any policy, the Equal Pay Act (which prohibits paying men and women unequal pay for equal work) or any other federal, statecompensation, or local laws benefit plan of the Corporation, excluding the Plan; and claims for personal, emotional or regulations pertaining physical injury not otherwise governed by Workers’ Compensation. The Commercial Arbitration Rules of the AAA shall govern all other disputes covered by this Agreement, including, without limitation, disputes relating to the Employee’s employment Plan. The provisions of this Agreement shall govern the rights of all parties hereto, including but not limited to any party claiming for or the termination on behalf of the Employee’s employment. All costs of said arbitrationGrantee, including the arbitratorGrantee’s feesheirs, if anysuccessors, assigns, personal representatives and bankruptcy trustees. The Grantee and the Corporation further agree that binding arbitration pursuant to this Agreement shall be borne equally by the partiessole, unless the arbitration decision exclusive, and award provides otherwise. All legal fees incurred by each party in connection with said arbitration shall be borne by the party who incurs them, unless applicable statutory authority exists providing final remedy for the award of attorneys’ fees to a prevailing party resolving any such claims and the arbitration decision and award provides for the award of such feesdisputes.

Appears in 1 contract

Sources: Restricted Stock Award Agreement (Medicis Pharmaceutical Corp)

Mandatory Arbitration. The Employee and the Company agree ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO ▇▇▇ EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED. A. Customer agrees that any controversy, dispute, claim, controversyor grievance between IB, any IB affiliate or dispute between the Employee and the Company (including without limitation Company’s Affiliatesany of their shareholders, officers, directors employees, representativesassociates, or agents) , on the one hand, and Customer or, if applicable, Customer's shareholders, officers, directors employees, associates, or agents on the other hand, arising out of of, or relating to to, this Agreement, the employment or any account(s) established hereunder in which securities may be traded; any transactions therein; any transactions between IB and Customer; any provision of the Employee, the cessation of employment of the Employee, Customer Agreement or any matter relating to the foregoing other agreement between IB and Customer; or any breach of such transactions or agreements, shall be submitted to and settled resolved by arbitration before a single arbitrator in the forum of the American Arbitration Association (“AAA”) located in New York County in the State of New York and conducted arbitration, in accordance with the National Rules for rules then prevailing of any one of the Resolution of Employment Disputes. In such arbitration, following: (a) the arbitrator shall agree to treat as confidential evidence and other information presented by the parties to the same extent as Confidential Information under this Agreement must be held confidential by the Employee, The American Arbitration Association; (b) the arbitrator shall have no authority to amend The Financial Industry Regulatory Authority; or modify any of the terms of this Agreement, and (c) any other exchange of which IB is a member, as the arbitrator true claimant-in-interest may elect. If Customer is the claimant-in-interest and has not selected an arbitration forum within ten days of providing notice of Customer's intent to arbitrate, IB shall have ten business days from select the closing statements or submission of post-hearing briefs by the parties to render his decisionforum. Any arbitration The award (regardless of the forum) arbitrators, or a majority of them, shall be final final, and binding judgment upon the parties, and award rendered may be entered in any court, state or federal, having jurisdiction may enter jurisdiction. B. No person shall bring a judgment on putative or certified class action to arbitration, nor seek to enforce any pre- dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the award. The foregoing requirement class with respect to arbitrate claims, controversies, and disputes applies to all any claims or demands encompassed by the Employee, including without limitation any rights or claims the Employee may have under the Age Discrimination in Employment Act of 1967 (which prohibits age discrimination in employment), Title VII of the Civil Rights Act of 1964 (which prohibits discrimination in employment based on race, color, national origin, religion, sex, or pregnancy), the Equal Pay Act (which prohibits paying men and women unequal pay for equal work) or any other federal, state, or local laws or regulations pertaining to the Employee’s employment or the termination of the Employee’s employment. All costs of said arbitration, including the arbitrator’s fees, if any, shall be borne equally by the parties, unless the arbitration decision and award provides otherwise. All legal fees incurred by each party in connection with said arbitration shall be borne by the party who incurs them, unless applicable statutory authority exists providing for the award of attorneys’ fees to a prevailing party and the arbitration decision and award provides for the award of such fees.putative class action until:

Appears in 1 contract

Sources: Customer Agreement

Mandatory Arbitration. The Employee In consideration of the terms and conditions set forth herein, including the Corporation’s grant to the Optionee of the stock options described above, Optionee and the Company Corporation voluntarily promise and agree that to arbitrate any claim, controversy, or dispute between the Employee and the Company (including without limitation Company’s Affiliates, officers, employees, representatives, or agents) arising out of or relating to all claims and disputes covered by this Agreement, the employment of the Employee, the cessation of employment of the Employee, or any matter relating to the foregoing . The arbitration shall be submitted to and settled by binding arbitration before a single arbitrator in accordance with the forum Commercial Arbitration Rules of the American Arbitration Association (“AAA”) located in New York County in the State of New York and conducted in accordance with the National Rules for the Resolution of Employment Disputes. In such arbitration, Disputes (a“Employment Dispute Rules”) in effect on the arbitrator shall agree to treat as confidential evidence and other information presented by date the parties to the same extent as Confidential Information under this Agreement must be held confidential by the Employee, (b) the arbitrator shall have no authority to amend or modify any of the terms of arbitration is commenced in accordance with this Agreement, and (c) . The AAA’s Employment Dispute Rules shall govern disputes concerning the arbitrator shall have ten business days from the closing statements term or submission termination of post-hearing briefs by the parties to render his decision. Any arbitration award (regardless of the forum) shall be final and binding upon the parties, and any court, state or Optionee’s employment; all federal, having jurisdiction may enter a judgment on the award. The foregoing requirement to arbitrate claimsstate, controversiesor local laws, and disputes applies to all claims regulations, statutes, or demands by the Employeepolicies prohibiting employment discrimination and/or harassment (including, including without limitation any rights limitation, discrimination or claims the Employee may have under the Age Discrimination in Employment Act of 1967 (which prohibits age discrimination in employment), Title VII of the Civil Rights Act of 1964 (which prohibits discrimination in employment harassment based on race, colorsex, national origin, religion, sexage, or pregnancy)disability) and/or unlawful retaliation in termination of employment in violation of any public policy; any policy, the Equal Pay Act (which prohibits paying men and women unequal pay for equal work) or any other federal, statecompensation, or local laws benefit plan of the Corporation, excluding the Corporation’s stock option plan; and claims for personal, emotional or regulations pertaining physical injury not otherwise governed by Workers’ Compensation. The Commercial Arbitration Rules of the AAA shall govern all other disputes covered by this Agreement, including, without limitation, disputes relating to the Employeecorporation’s employment or stock option plan. The provisions of this Agreement shall govern the termination rights of the Employee’s employment. All costs of said arbitrationall parties hereto, including but not limited to any party claiming for or on behalf of Optionee, including Optionee’s heirs, successors, assigns, personal representatives and bankruptcy trustees. Optionee and the arbitrator’s fees, if any, Corporation further agree that binding arbitration pursuant to this Agreement shall be borne equally by the partiessole, unless the arbitration decision exclusive, and award provides otherwise. All legal fees incurred by each party in connection with said arbitration shall be borne by the party who incurs them, unless applicable statutory authority exists providing final remedy for the award of attorneys’ fees to a prevailing party resolving any such claims and the arbitration decision and award provides for the award of such feesdisputes.

Appears in 1 contract

Sources: Non Qualified Employee Stock Option Certificate Agreement (Medicis Pharmaceutical Corp)

Mandatory Arbitration. The Employee and the Company agree that any claim, controversy, or dispute between the Employee and the Company (including without limitation Company’s 's Affiliates, officers, employees, representatives, or agents) arising out of or relating to this Agreement, the employment of the Employee, the cessation of employment of the Employee, or any matter relating to the foregoing shall be submitted to and settled by arbitration before a single arbitrator in the forum of the American Arbitration Association ("AAA") located in New York County in the State of New York and conducted in accordance with the National Rules for the Resolution of Employment Disputes. In such arbitration, (a) the arbitrator shall agree to treat as confidential evidence and other information presented by the parties to the same extent as Confidential Information under this Agreement must be held confidential by the Employee, (b) the arbitrator shall have no authority to amend or modify any of the terms of this Agreement, and (c) the arbitrator shall have ten business days from the closing statements or submission of post-hearing briefs by the parties to render his decision. Any arbitration award (regardless of the forum) shall be final and binding upon the parties, and any court, state or federal, having jurisdiction may enter a judgment on the award. The foregoing requirement to arbitrate claims, controversies, and disputes applies to all claims or demands by the Employee, including without limitation any rights or claims the Employee may have under the Age Discrimination in Employment Act of 1967 (which prohibits age discrimination in employment), Title VII of the Civil Rights Act of 1964 (which prohibits discrimination in employment based on race, color, national origin, religion, sex, or pregnancy), the Equal Pay Act (which prohibits paying men and women unequal pay for equal work) or any other federal, state, or local laws or regulations pertaining to the Employee’s 's employment or the termination of the Employee’s 's employment. All costs of said arbitration, including the arbitrator’s 's fees, if any, shall be borne equally by the parties, unless the arbitration decision and award provides otherwise. All legal fees incurred by each party in connection with said arbitration shall be borne by the party who incurs them, unless applicable statutory authority exists providing for the award of attorneys' fees to a prevailing party and the arbitration decision and award provides for the award of such fees.

Appears in 1 contract

Sources: Employment Agreement (Schrodinger, Inc.)