NO
EVENT SHALL THE PROVISIONS OF SECTIONS 11 AND/OR 12, AS APPLICABLE, BE DEEMED TO
BE MORE RESTRICTIVE TO EMPLOYEE THAN THOSE CONTAINED HEREIN.
14.
INJUNCTIVE RELIEF.
EMPLOYEE ACKNOWLEDGES THAT
BREACH OF ANY OF THE AGREEMENTS CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION,
ANY OF THE NONCOMPETITION AND CONFIDENTIALITY COVENANTS SPECIFIED IN SECTIONS 6
THROUGH 12, WILL GIVE RISE TO IRREPARABLE INJURY TO THE COMPANY, INADEQUATELY
COMPENSABLE IN DAMAGES.
ACCORDINGLY, NOTWITHSTANDING SECTION 15 BELOW, THE
COMPANY SHALL BE ENTITLED, WITHOUT THE POSTING OF ANY BOND, TO INJUNCTIVE RELIEF
TO PREVENT OR CURE BREACHES OR THREATENED BREACHES OF THE PROVISIONS OF THIS
AGREEMENT AND TO
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ENFORCE SPECIFIC PERFORMANCE OF THE TERMS AND PROVISIONS HEREOF IN ANY COURT OF
COMPETENT JURISDICTION, IN ADDITION TO ANY OTHER LEGAL OR EQUITABLE REMEDIES
WHICH MAY BE AVAILABLE.
EMPLOYEE FURTHER ACKNOWLEDGES AND AGREES THAT IN THE
EVENT OF THE TERMINATION OF THIS AGREEMENT, HIS EXPERIENCE AND CAPABILITIES ARE
SUCH THAT HE CAN OBTAIN EMPLOYMENT IN BUSINESS ACTIVITIES WHICH ARE OF A
DIFFERENT OR NONCOMPETING NATURE WITH HIS ACTIVITIES AS AN EMPLOYEE OF THE
COMPANY; AND THAT THE ENFORCEMENT OF A REMEDY HEREUNDER BY WAY OF INJUNCTION
SHALL NOT PREVENT EMPLOYEE FROM EARNING A REASONABLE LIVELIHOOD.
EMPLOYEE
FURTHER ACKNOWLEDGES AND AGREES THAT THE COVENANTS CONTAINED HEREIN ARE
NECESSARY FOR THE PROTECTION OF THE COMPANY'S LEGITIMATE BUSINESS INTERESTS AND
ARE REASONABLE IN SCOPE AND CONTENT.
15.
MUTUAL AGREEMENT TO ARBITRATE.
COMPANY AND
EMPLOYEE RECOGNIZE THAT DIFFERENCES MAY ARISE BETWEEN THEM.
THROUGH THIS
SECTION 15, BOTH PARTIES EXPECT TO GAIN THE BENEFITS OF A SPEEDY, ECONOMICAL,
IMPARTIAL DISPUTE-RESOLUTION PROCEDURE.
THEREFORE, THE PARTIES AGREE AS
FOLLOWS:
A.
THIS SECTION 15 SHALL APPLY TO ALL
DISPUTES OR CONTROVERSIES, WHETHER OR NOT ARISING OUT OF EMPLOYEE'S EMPLOYMENT
(OR TERMINATION OF THAT EMPLOYMENT), THAT COMPANY MAY HAVE AGAINST EMPLOYEE, OR
THAT EMPLOYEE MAY HAVE AGAINST COMPANY OR AGAINST (AS APPLICABLE) ITS PAST OR
PRESENT OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, EMPLOYEES, ADVISORS OR
AGENTS (COLLECTIVELY, "CLAIMS"), EXCEPT FOR INJUNCTIVE RELIEF TO BE PURSUED BY
COMPANY PURSUANT TO SECTION (B) BELOW.
THE CLAIMS INCLUDE, BUT ARE NOT LIMITED
TO, CONTROVERSIES RELATING TO: COMPENSATION OR BENEFITS, BREACH OF ANY CONTRACT,
TORTS, DISCRIMINATION UNDER STATE, FEDERAL OR LOCAL LAW, AND VIOLATION OF ANY
FEDERAL, STATE, OR OTHER GOVERNMENTAL LAW, STATUTE, REGULATION, OR ORDINANCE.
HOWEVER, THIS SECTION 15 SHALL NOT APPLY TO ANY CLAIM: (I) FOR WORKERS'
COMPENSATION OR UNEMPLOYMENT BENEFITS; OR (II) BY COMPANY FOR INJUNCTIVE AND/OR
OTHER EQUITABLE RELIEF FOR UNFAIR COMPETITION AND/OR THE USE AND/OR UNAUTHORIZED
DISCLOSURE OF TRADE SECRETS OR CONFIDENTIAL INFORMATION, INCLUDING BUT NOT
LIMITED TO, MATTERS DESCRIBED IN SECTIONS 6 AND 11 ABOVE.
WITH RESPECT TO
MATTERS REFERRED TO IN THE FOREGOING SUB-PARAGRAPH (II), COMPANY MAY SEEK AND
OBTAIN INJUNCTIVE RELIEF IN COURT, AND THEN PROCEED WITH ARBITRATION UNDER THIS
SECTION 15.
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B.
EXCEPT AS SET FORTH IN THIS AGREEMENT,
THE SOLE AND EXCLUSIVE METHOD TO RESOLVE ANY CLAIM IS ARBITRATION AS PROVIDED IN
THIS SECTION 15 AND THE PARTIES EACH WAIVE THEIR RIGHT TO COMMENCE AN ACTION IN
ANY COURT