POSSIBLE AND BE LEGAL, VALID AND ENFORCEABLE.
16.
ARBITRATION.
(A)
THE PARTIES AGREE THAT ANY CONTROVERSY OR CLAIM
(INCLUDING ALL CLAIMS PURSUANT TO COMMON AND STATUTORY LAW) RELATING TO THIS
AGREEMENT OR ARISING OUT OF EXECUTIVE'S EMPLOYMENT WITH THE COMPANY, SHALL BE
RESOLVED EXCLUSIVELY THROUGH ARBITRATION PURSUANT TO THE NATIONAL RULES FOR THE
RESOLUTION OF EMPLOYMENT DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION
("AAA").
ANY SUCH ARBITRATION PROCEEDING SHALL TAKE PLACE IN DALLAS COUNTY,
TEXAS.
ALL DISPUTES SHALL BE RESOLVED BY A SINGLE ARBITRATOR.
THE ARBITRATOR
WILL HAVE THE AUTHORITY TO AWARD THE SAME REMEDIES, DAMAGES AND COSTS THAT A
COURT COULD AWARD.
THE ARBITRATOR SHALL ISSUE A REASONED AWARD EXPLAINING THE
DECISION, THE REASONS FOR THE DECISION AND ANY DAMAGES AWARDED.
THE
ARBITRATOR'S DECISION WILL BE FINAL AND BINDING.
THE JUDGMENT ON THE AWARD
RENDERED BY
22
THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
THIS
PROVISION CAN BE ENFORCED UNDER THE FEDERAL ARBITRATION ACT.
(B)
AS THE SOLE EXCEPTION TO THE EXCLUSIVE AND BINDING NATURE OF THE
ARBITRATION COMMITMENT SET FORTH ABOVE, EXECUTIVE AND THE COMPANY AGREE THAT THE
COMPANY SHALL HAVE THE RIGHT TO INITIATE AN ACTION IN A COURT OF COMPETENT
JURISDICTION IN ORDER TO REQUEST TEMPORARY, PRELIMINARY AND PERMANENT INJUNCTIVE
OR OTHER EQUITABLE RELIEF, INCLUDING, WITHOUT LIMITATION, SPECIFIC PERFORMANCE,
TO ENFORCE THE TERMS OF SECTIONS 9, 10, 11, 12 OR 13, ABOVE, WITHOUT THE
NECESSITY OF PROVING INADEQUACY OF LEGAL REMEDIES OR IRREPARABLE HARM OR POSTING
BOND.
HOWEVER, NOTHING IN THIS SECTION SHOULD BE CONSTRUED TO CONSTITUTE A
WAIVER OF THE PARTIES' RIGHTS AND OBLIGATIONS TO ARBITRATE REGARDING MATTERS
OTHER THAN THOSE SPECIFICALLY ADDRESSED IN THIS PARAGRAPH.
(C)
SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE SCOPE OF ANY
PROVISION OF THIS SECTION 15 IS TOO BROAD TO BE ENFORCED AS WRITTEN, THE PARTIES
INTEND THAT THE COURT REFORM THE PROVISION TO SUCH NARROWER SCOPE AS IT
DETERMINES TO BE REASONABLE AND ENFORCEABLE.
17.
SURVIVAL.
EXECUTIVE ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT,
INCLUDING, BUT NOT LIMITED TO SECTIONS 9, 10, 11, 12, 13, 14, 15, 16, 18, AND
18(C), SHALL SURVIVE THE TERMINATION OF EXECUTIVE'S EMPLOYMENT UNDER THIS
AGREEMENT FOR WHATEVER REASON.
THE EXISTENCE OF ANY CLAIM OR CAUSE OF ACTION OF
EXECUTIVE AGAINST THE COMPANY, WHETHER PREDICATED ON THIS AGREEMENT OR
OTHERWISE, SHALL NOT CONSTITUTE A DEFENSE TO THE ENFORCEMENT BY THE COMPANY OF
THE COVENANTS OF EXECUTIVE CONTAINED IN THIS AGREEMENT, INCLUDING, BUT NOT
LIMITED TO, THOSE CONTAINED IN SECTIONS 9, 10, 11, 12, 13, AND 15.
18.
MISCELLANEOUS.
(A)
NOTICES.
ANY NOTICES, CONSENTS, DEMANDS, REQUESTS,
APPROVALS AND OTHER COMMUNICATIONS TO BE GIVEN UNDER THIS AGREEMENT BY EITHER
PARTY TO THE OTHER MUST BE IN WRITING AND MUST BE EITHER:
(I)
PERSONALLY DELIVERED;
(II)
MAILED BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID WITH RETURN
RECEIPT REQUESTED;
(III)
DELIVERED BY OVERNIGHT EXPRESS DELIVERY SERVICE OR SAME-DAY LOCAL COURIER
SERVICE; OR
(IV)
DELIVERED BY TELEX OR FACSIMILE TRANSMISSION, TO THE ADDRESS SET FORTH
BELOW, OR TO SUCH OTHER ADDRESS AS MAY