Common use of Remedy Clause in Contracts

Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 75 contracts

Sources: Change of Control Severance Agreement (Axos Financial, Inc.), Executive Severance Agreement (Plantronics Inc /Ca/), Change of Control and Severance Agreement (Ambarella Inc)

Remedy. Except as provided by the Act and this AgreementAct, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 71 contracts

Sources: Change in Control Severance Agreement (Prosper Funding LLC), Severance and Change in Control Agreement (Prosper Funding LLC), Change of Control and Severance Agreement

Remedy. Except as provided by the Act and this AgreementRules, arbitration will shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 70 contracts

Sources: Employment Agreement (Rimini Street, Inc.), Employment Agreement (NanoString Technologies Inc), Employment Agreement (NanoString Technologies Inc)

Remedy. Except as provided by the Act and this AgreementRules, arbitration will be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 54 contracts

Sources: Executive Employment Agreement (NeurogesX Inc), Executive Employment Agreement (NeurogesX Inc), Executive Employment Agreement (NeurogesX Inc)

Remedy. Except as provided by the Act and this AgreementAct, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 51 contracts

Sources: Employment Agreement (Semnur Pharmaceuticals, Inc.), Employment Agreement (Semnur Pharmaceuticals, Inc.), Employment Agreement (Semnur Pharmaceuticals, Inc.)

Remedy. Except as provided by this Agreement and by the Act and this AgreementRules, including any provisional relief offered therein, arbitration will be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act Rules and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 23 contracts

Sources: Executive Employment Agreement (Trevena Inc), Executive Employment Agreement (Trevena Inc), Executive Employment Agreement (Trevena Inc)

Remedy. Except as provided by this Agreement and by the Act and this AgreementRules, including any provisional relief offered therein, arbitration will be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act Rules and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 18 contracts

Sources: Employment Agreement (Impinj Inc), Employment Agreement (Impinj Inc), Executive Employment Agreement (Impinj Inc)

Remedy. Except as provided by the Act and this Agreement, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive you and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive you nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 14 contracts

Sources: Employment Agreement (Splunk Inc), Employment Agreement (Splunk Inc), Employment Agreement (Splunk Inc)

Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive Employee and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive Employee nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 13 contracts

Sources: Change of Control and Severance Agreement (Cutera Inc), Change of Control and Severance Agreement (Cutera Inc), Change of Control and Severance Agreement (Cutera Inc)

Remedy. Except as provided by the Act and this AgreementAct, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law that the Company has not adopted.

Appears in 11 contracts

Sources: Employment Agreement (Flexible Solutions International Inc), Employment Agreement (Flexible Solutions International Inc), Employment Agreement (Flexible Solutions International Inc)

Remedy. Except as provided by the Act and this Agreement, arbitration will Arbitration shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law that the Company has not adopted.

Appears in 10 contracts

Sources: Employment Agreement (OKYO Pharma LTD), Employment Agreement (OKYO Pharma LTD), Employment Agreement (OKYO Pharma LTD)

Remedy. Except as provided by the Act and this Agreementrules, arbitration will shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreementrules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 10 contracts

Sources: Employment Agreement (Ziprealty Inc), Employment Agreement (Therma Wave Inc), Executive Officer Employment Agreement (Copart Inc)

Remedy. Except as provided by the Act and this COC Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this COC Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 9 contracts

Sources: Executive Severance Agreement (Plantronics Inc /Ca/), Executive Severance Agreement (Plantronics Inc /Ca/), Executive Severance Agreement (Plantronics Inc /Ca/)

Remedy. Except as otherwise provided by the Act and law or this Agreement, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as otherwise provided for by the Act and law or this Agreement, neither Executive nor and the Company hereby waive the right to seek remedies for any such disputes in court, including the right to a jury trial. Notwithstanding, the arbitrator will be permitted not have the authority to pursue court action regarding claims that are subject disregard or refuse to arbitrationenforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 9 contracts

Sources: Severance and Change in Control Agreement (Amerant Bancorp Inc.), Severance and Change in Control Agreement (Amerant Bancorp Inc.), Change in Control Agreement (Amerant Bancorp Inc.)

Remedy. Except as provided by the Act and this Agreement, arbitration will Arbitration shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by this Agreement or to enforce a judgement against the Act and this AgreementCompany, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law that the Company has not adopted.

Appears in 7 contracts

Sources: Employment Agreement (Granite Point Mortgage Trust Inc.), Employment Agreement (Granite Point Mortgage Trust Inc.), Employment Agreement (Granite Point Mortgage Trust Inc.)

Remedy. Except as provided by the Act and this AgreementAct, arbitration will be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 6 contracts

Sources: Change of Control and Severance Agreement (CareDx, Inc.), Change of Control and Severance Agreement (CareDx, Inc.), Change of Control and Severance Agreement (CareDx, Inc.)

Remedy. Except as provided by the Act and this Agreement, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 6 contracts

Sources: Employment Agreement (Align Technology Inc), Employment Agreement (Align Technology Inc), Employment Agreement (Align Technology Inc)

Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between the Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither the Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 5 contracts

Sources: Change of Control and Severance Agreement (Quantenna Communications Inc), Change of Control and Severance Agreement (Quantenna Communications Inc), Change of Control and Severance Agreement (Quantenna Communications Inc)

Remedy. Except as provided by the Act and elsewhere in this Agreement, arbitration will shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and elsewhere in this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and that the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 4 contracts

Sources: Executive Employment Agreement (Komag Inc /De/), Executive Employment Agreement (Komag Inc /De/), Executive Employment Agreement (Komag Inc /De/)

Remedy. Except as provided by the CCP Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between the Executive and the Company. Accordingly, except as provided for by the CCP Act and this Agreement, neither the Executive nor the Company will be permitted to pursue or participate in a court action regarding claims that are subject to arbitration.

Appears in 3 contracts

Sources: Change of Control and Severance Agreement (Talend S.A.), Change of Control and Severance Agreement (Talend S.A.), Change of Control and Severance Agreement (Talend SA)

Remedy. Except as provided by the Act and this Agreement, arbitration will Arbitration shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as otherwise provided for by the Act and this Agreementherein, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law, which the Company has not adopted.

Appears in 3 contracts

Sources: Executive Employment Agreement (Castle Biosciences Inc), Executive Employment Agreement (Castle Biosciences Inc), Executive Employment Agreement (Castle Biosciences Inc)

Remedy. Except as provided by the Act and this Agreement, arbitration will shall be the sole, exclusive, and final remedy for any dispute between the Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither the Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 2 contracts

Sources: Employment Agreement (Align Technology Inc), Employment Agreement (Align Technology Inc)

Remedy. Except as provided by the Act and this Agreement, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 2 contracts

Sources: Executive Employment Agreement (Invitae Corp), Executive Employment Agreement (Invitae Corp)

Remedy. Except as provided by the Act and this Agreement, arbitration will Arbitration shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 2 contracts

Sources: Executive Employment Agreement (Cue Biopharma, Inc.), Executive Employment Agreement (Cue Biopharma, Inc.)

Remedy. Except as provided by the Act and this AgreementRules, arbitration will shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 2 contracts

Sources: Employment Agreement (Fei Co), Employment Agreement (Veeco Instruments Inc)

Remedy. Except as provided by the Act Rules and this Agreement, arbitration will be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act Rules and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 1 contract

Sources: Employment Agreement (Ulthera Inc)

Remedy. Except as provided by the Act and this AgreementRules, arbitration will be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 1 contract

Sources: Employment Agreement (Iridex Corp)

Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 1 contract

Sources: Severance and Change in Control Agreement (Cyan Inc)

Remedy. Except as provided by the Act and this Agreement, arbitration will Arbitration shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as otherwise provided for by in the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 1 contract

Sources: Employment Agreement (Cellcyte Genetics Corp)

Remedy. Except as provided by the Act and this Agreement, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will shall be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 1 contract

Sources: Employment Agreement (Linear Technology Corp /Ca/)

Remedy. Except as otherwise provided by the Act and this Agreement, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 1 contract

Sources: Employment Agreement (Geeknet, Inc)

Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute arising out of the terms of this agreement between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 1 contract

Sources: Change of Control Severance Agreement (BofI Holding, Inc.)

Remedy. Except as provided by the Act and this AgreementAct, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 1 contract

Sources: Employment Agreement (Xpeng Inc.)

Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive and the -10- Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 1 contract

Sources: Change in Control Severance Agreement (Gigamon Inc.)

Remedy. Except as provided by the Act RULES and this Agreement, arbitration will shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and RULES or this Agreement, neither Executive nor the Company will be permitted to pursue or participate in a court action regarding claims that are subject to arbitration.

Appears in 1 contract

Sources: Employment Agreement (Nuance Communications, Inc.)