ANY ASSERTED BREACH OF IT, OR FROM THE PARTIES'
EMPLOYMENT RELATIONSHIP OR ANY OTHER RELATIONSHIP, EITHER PARTY MAY ELECT TO
HAVE THE DISPUTE RESOLVED THROUGH ARBITRATION. THE ARBITRATION SHALL BE BINDING
AND CONDUCTED PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION
UNDER ITS NATIONAL RULES FOR THE RESOLUTION OF EMPLOYMENT DISPUTES AND THE
ARBITRATOR SHALL ALLOCATE THE FEES AND EXPENSES OF SUCH ARBITRATION. REGARDLESS
OF WHETHER THE DISPUTE IS RESOLVED THROUGH ARBITRATION OR LITIGATION, THE
PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ALL COSTS AND EXPENSES, INCLUDING
REASONABLE ATTORNEYS' FEES, INCURRED IN ENFORCING OR ATTEMPTING TO ENFORCE ANY
OF THE TERMS, COVENANTS AND CONDITIONS, INCLUDING COSTS INCURRED PRIOR TO
COMMENCEMENT OF ARBITRATION OR LEGAL ACTION, AND ALL COSTS AND EXPENSES,
INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED IN ANY APPEAL FROM AN ACTION
BROUGHT TO ENFORCE ANY OF THE TERMS, COVENANTS OR CONDITIONS. FOR PURPOSES OF
THIS SECTION, "PREVAILING PARTY" INCLUDES, WITHOUT LIMITATION, A PARTY WHO
AGREES TO DISMISS A SUIT OR PROCEEDING UPON THE OTHER'S PAYMENT OR PERFORMANCE
OF SUBSTANTIALLY THE RELIEF SOUGHT.
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22.
COUNTERPARTS. THIS AGREEMENT MAY BE EXECUTED IN COUNTERPARTS, AND
EACH COUNTERPART WILL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL AND WILL
CONSTITUTE AN EFFECTIVE, BINDING AGREEMENT ON THE PART OF EACH OF THE
UNDERSIGNED
IN WITNESS WHEREOF, HESKA HAS CAUSED THIS EMPLOYMENT AGREEMENT TO BE DULY
EXECUTED BY AN OFFICER THEREUNTO DULY AUTHORIZED, AND EXECUTIVE HAS HEREUNTO SET
HIS HAND, ALL AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN.
HESKA CORPORATION
/s/ PETER EIO
Peter Eio, Chair of the Compensation Committee Acting
with Authority of the Board in its Entirety
EXECUTIVE:
/s/ ROBERT B. GRIEVE
Robert B. Grieve, Ph.D.
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