Mandatory Arbitration. The Employee and the Company agree that any claim, controversy or dispute between the Employee and the Company (including without limitation its 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 in a 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: (i) 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, (ii) the arbitrators shall have no authority to amend or modify any of the terms of this Agreement, and (iii) the arbitrators shall have ten business days from the closing statements or submission of post-hearing briefs by the parties to render their decision. Any arbitration award 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 employment or the termination of the Employee's employment.
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 the Company agree that any claim, controversy controversy, or dispute between the Employee and the Company (including without limitation its affiliatesCompany’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 a 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: , (ia) each 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, (iib) the arbitrators arbitrator shall have no authority to amend or modify any of the terms of this Agreement, and (iiic) the arbitrators arbitrator shall have ten business days from the closing statements or submission of post-hearing briefs by the parties to render their 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 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 (Schrodinger, Inc.), Employment Agreement (Schrodinger, Inc.), Employment Agreement (Schrodinger, Inc.)
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, controversy or dispute grievance between the Employee and the Company (including without limitation its affiliatesIB, any IB affiliate or any 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 in a 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 arbitrationfollowing: (ia) each arbitrator The American Arbitration Association; (b) The Financial Industry Regulatory Authority; or (c) any other exchange of which IB is a member, as the 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 agree to treat as confidential evidence and other information presented by select the parties to the same extent as Confidential Information under this Agreement must be held confidential by the Employee, (ii) the arbitrators shall have no authority to amend or modify any forum. The award of the terms arbitrators, or a majority of this Agreementthem, shall be final, and (iii) the arbitrators shall have ten business days from the closing statements or submission of post-hearing briefs by the parties to render their decision. Any arbitration award shall be 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 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 employment or the termination of the Employee's employment.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 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 its 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 in a forum accordance with the 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: (i) each arbitrator The AAA’s Employment Dispute Rules shall agree to treat as confidential evidence and other information presented by govern disputes concerning the parties to the same extent as Confidential Information under this Agreement must be held confidential by the Employee, (ii) the arbitrators shall have no authority to amend term or modify any termination of the terms of this Agreement, and (iii) the arbitrators shall have ten business days from the closing statements or submission of post-hearing briefs by the parties to render their decision. Any arbitration award 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 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, 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 employmentGrantee, including the Grantee’s heirs, successors, assigns, personal representatives and bankruptcy trustees. The Grantee and the Corporation further agree that binding arbitration pursuant to this Agreement shall be the sole, exclusive, and final remedy for resolving any such claims and disputes.
Appears in 1 contract
Sources: Restricted Stock Award Agreement (Medicis Pharmaceutical Corp)
Mandatory Arbitration. The Employee and the Company agree that any claim, controversy controversy, or dispute between the Employee and the Company (including without limitation its affiliatesCompany'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 a 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: , (ia) each 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, (iib) the arbitrators arbitrator shall have no authority to amend or modify any of the terms of this Agreement, and (iiic) the arbitrators arbitrator shall have ten business days from the closing statements or submission of post-hearing briefs by the parties to render their 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 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 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 1 contract
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 its 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 in a forum accordance with the 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 (i“Employment Dispute Rules”) each arbitrator shall agree to treat as confidential evidence and other information presented by in effect on the parties to date the same extent as Confidential Information under this Agreement must be held confidential by the Employee, (ii) the arbitrators shall have no authority to amend or modify any of the terms of arbitration is commenced in accordance with this Agreement, and (iii) . The AAA’s Employment Dispute Rules shall govern disputes concerning the arbitrators shall have ten business days from the closing statements term or submission termination of post-hearing briefs by the parties to render their decision. Any arbitration award 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 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, 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 Employee's employment corporation’s stock option plan. The provisions of this Agreement shall govern the rights of all 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 termination of Corporation further agree that binding arbitration pursuant to this Agreement shall be the Employee's employmentsole, exclusive, and final remedy for resolving any such claims and disputes.
Appears in 1 contract
Sources: Non Qualified Employee Stock Option Certificate Agreement (Medicis Pharmaceutical Corp)