Common use of Remedies and Dispute Resolution Clause in Contracts

Remedies and Dispute Resolution. With respect to each and every breach or violation or threatened breach or violation by the Employee of Section 5 or Section 6 of this Agreement, the Company may in addition to all other remedies available to it, file a lawsuit or otherwise apply to any court of competent jurisdiction for entry of an immediate order enjoining or restraining the Employee from engaging in any such breach of violation or threatened breach or violation by the Employee. With the exception of the Company’s right to seek injunctive relief in a judicial forum for any breach or violation or threatened breach or violation by the Employee of Section 5 or Section 6 of this Agreement, all disputes between the Employee and the Company that arise out of concern, or are based, in whole or in part, upon any provision of this Agreement shall be resolved through binding arbitration conducted under the Employment Arbitration Procedures of the American Arbitration Association. The parties shall bear their own costs in any such arbitration proceeding; provided, however, that the Company shall reimburse the Employee for the Employee’s legal costs, including attorneys’ fees, incurred in such arbitration proceeding if the Employee substantially prevails in such arbitration proceeding.

Appears in 1 contract

Sources: Employment Agreement (St. Louis Pharmaceutical Services, LLC)

Remedies and Dispute Resolution. With respect to each and every breach or violation or threatened breach or violation by the Employee of Section 5 or Section 6 of this Agreement, the Company may in addition to all other remedies available to it, file a lawsuit or otherwise apply to any court of competent jurisdiction for entry of an immediate order enjoining or restraining the Employee from engaging in any such breach of violation or threatened breach or violation by the Employee. With the exception of the Company’s right to seek injunctive relief in a judicial forum for any breach or violation or threatened breach or violation by the Employee of Section 5 or Section 6 of this Agreement, all disputes between the Employee and the Company that arise out of concern, or are based, in whole or in part, upon any provision of this Agreement shall be resolved through binding arbitration conducted under the Employment Arbitration Procedures Rules of the American Arbitration Association. The parties shall bear their own costs in any such arbitration proceeding; provided, however, that the Company shall reimburse the Employee for the Employee’s legal costs, including attorneys’ fees, incurred in such arbitration proceeding if the Employee substantially prevails in such arbitration proceeding.

Appears in 1 contract

Sources: Employment Agreement (US Oncology Holdings, Inc.)

Remedies and Dispute Resolution. With respect to each and every breach or violation or threatened breach or violation by the Employee of Section 5 or Section 6 of this Agreement, the Company may may, in addition to all other remedies available to it, file a lawsuit or otherwise apply to any court of competent jurisdiction Jurisdiction for entry of an immediate order enjoining or restraining the Employee from engaging in any such breach of or violation or threatened breach or violation by the Employee. With the exception of the Company’s 's right to seek injunctive relief in a judicial forum for any breach or violation or threatened breach or violation by the Employee employee of Section 5 or Section 6 of this Agreement, all disputes between the Employee and the Company that arise out of concern, or are based, in whole or in part, upon any provision of this Agreement shall be resolved through binding arbitration conducted under the Employment Arbitration Procedures of the American Arbitration Association. The parties shall bear their own costs in any such arbitration proceeding; provided, however, that the Company shall reimburse the Employee for the Employee’s 's legal costs, including attorneys' fees, incurred in such arbitration proceeding if the Employee substantially prevails in such arbitration proceeding.

Appears in 1 contract

Sources: Employment Agreement (Us Oncology Inc)