CONTROVERSY. THE DECISION OF THE
ARBITRATOR SHALL BE FINAL, CONCLUSIVE AND BINDING ON THE PARTIES TO THE
ARBITRATION. JUDGMENT MAY BE ENTERED ON THE ARBITRATOR'S DECISION IN ANY COURT
HAVING JURISDICTION. THE PARTY BRINGING A CLAIM SHALL BE RESPONSIBLE FOR ANY
FILING FEE CHARGED BY THE AMERICAN ARBITRATION ASSOCIATION. IN THE EVENT THE
FILING FEE FOR CONSULTANT EXCEEDS THE FILING FEE CHARGED FOR A CIVIL ACTION IN
CALIFORNIA SUPERIOR COURT, ARADIGM WILL BE RESPONSIBLE FOR THE AMOUNT IN EXCESS
OF THE SUPERIOR COURT'S FEE. EACH PARTY WILL OTHERWISE BE RESPONSIBLE FOR THEIR
RESPECTIVE ATTORNEYS' FEES AND COSTS, EXCEPT AS OTHERWISE PROVIDED BY LAW.
THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF ARADIGM'S AND THE CONSULTANT'S
RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO
ALL ASPECTS OF THE ARADIGM/CONSULTANT RELATIONSHIP (EXCEPT AS PROVIDED IN
SECTION 8.2 BELOW), INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING CLAIMS:
i. ANY AND ALL CLAIMS FOR WRONGFUL DISCHARGE OF CONSULTANT; BREACH OF CONTRACT,
BOTH EXPRESS AND IMPLIED; BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING,
BOTH EXPRESS AND IMPLIED; NEGLIGENT OR INTENTIONAL INFLICTION OF EMOTIONAL
DISTRESS; NEGLIGENT OR INTENTIONAL MISREPRESENTATION; NEGLIGENT OR INTENTIONAL
INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE; DEFAMATION; AND
ANY OTHER TORTS OR NEGLIGENCE INVOLVING THE CONSULTANT/ARADIGM RELATIONSHIP;
ii. ANY AND ALL CLAIMS FOR VIOLATION OF ANY FEDERAL, STATE OR MUNICIPAL STATUTE,
INCLUDING, BUT NOT LIMITED TO, TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, THE
CIVIL RIGHTS ACT OF 1991, THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967, THE
AMERICANS WITH DISABILITIES ACT OF 1990, THE FAIR LABOR STANDARDS ACT, THE
CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND LABOR CODE SECTION 201, et seq.;
and,
iii. ANY AND ALL CLAIMS ARISING OUT OF ANY OTHER LAWS AND REGULATIONS RELATING
TO EMPLOYMENT OR EMPLOYMENT DISCRIMINATION.
8.2 Equitable Remedies. CONSULTANT AGREES THAT BOTH ARADIGM AND CONSULTANT HAVE
THE RIGHT TO OBTAIN PROVISIONAL REMEDIES, INCLUDING INJUNCTIVE RELIEF, IN ANY
COURT OF COMPETENT JURISDICTION IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL
PROCEDURE SECTION 1281.8. CONSULTANT FURTHER AGREES THAT IT WOULD BE IMPOSSIBLE
OR INADEQUATE TO MEASURE AND CALCULATE ARADIGM'S DAMAGES FROM ANY BREACH OF THE
COVENANTS SET FORTH IN SECTIONS 4, 5, 6, and 7.1 HEREIN. ACCORDINGLY, CONSULTANT
AGREES THAT IF CONSULTANT BREACHES ANY OF SUCH SECTIONS, ARADIGM WILL HAVE
AVAILABLE, IN ADDITION TO ANY OTHER RIGHT OR REMEDY AVAILABLE, THE RIGHT TO
OBTAIN AN INJUNCTION FROM EITHER AN ARBITRATOR OR A COURT OF COMPETENT
JURISDICTION (AS PROVIDED BY CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1281.8)
RESTRAINING SUCH BREACH OR THREATENED BREACH AND TO SPECIFIC PERFORMANCE OF ANY
SUCH PROVISION OF THIS AGREEMENT. CONSULTANT FURTHER AGREES THAT NO BOND OR
OTHER SECURITY SHALL BE REQUIRED IN OBTAINING SUCH EQUITABLE RELIEF AND
CONSULTANT HEREBY CONSENTS TO THE ISSUANCE OF SUCH INJUNCTION AND TO THE
ORDERING OF SPECIFIC PERFORMANCE.
8.3 Consideration. CONSULTANT UNDERSTANDS THAT EACH PARTY'S PROMISE TO RESOLVE
CLAIMS BY ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT,
RATHER THAN THROUGH THE COURTS, IS CONSIDERATION FOR OTHER