ENTITLED TO RECOVER THE COSTS AND EXPENSES
INCLUDING ATTORNEYS' FEES AND DISBURSEMENTS INCURRED IN AN ACTION SEEKING RELIEF
FOR ANY SUCH BREACH.
9.
ARBITRATION
(A)
IF ANY DISPUTE ARISES BETWEEN YOU AND DENDRITE THAT THE PARTIES
CANNOT RESOLVE THEMSELVES, INCLUDING ANY DISPUTE OVER THE APPLICATION, VALIDITY,
CONSTRUCTION, OR INTERPRETATION OF THIS AGREEMENT, ARBITRATION IN ACCORDANCE
WITH THE THEN-APPLICABLE EMPLOYMENT LAW RULES OF THE AMERICAN ARBITRATION
ASSOCIATION SHALL PROVIDE THE EXCLUSIVE REMEDY FOR RESOLVING ANY SUCH DISPUTE,
REGARDLESS OF ITS NATURE; PROVIDED, HOWEVER, THAT DENDRITE MAY ENFORCE YOUR
OBLIGATION TO PROVIDE SERVICES UNDER THIS AGREEMENT AND YOUR OBLIGATIONS UNDER
SECTIONS 1 THROUGH 7 HEREOF BY AN ACTION FOR INJUNCTIVE RELIEF AND DAMAGES IN A
COURT OF COMPETENT JURISDICTION AT ANY TIME PRIOR OR SUBSEQUENT TO THE
COMMENCEMENT OF AN ARBITRATION PROCEEDING AS HEREIN PROVIDED. THIS SECTION 9
SHALL APPLY TO ANY AND ALL CLAIMS ARISING OUT OF YOUR EMPLOYMENT AND ITS
TERMINATION, UNDER STATE AND FEDERAL STATUTES, LOCAL ORDINANCES, AND THE COMMON
LAW INCLUDING, WITHOUT LIMITATION TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS
AMENDED, THE CIVIL RIGHTS ACT OF 1991, THE EQUAL PAY ACT, THE EMPLOYEE
RETIREMENT INCOME SECURITY ACT, AS AMENDED, THE AGE DISCRIMINATION IN EMPLOYMENT
ACT OF 1967, THE AMERICANS WITH DISABILITIES ACT OF 1990, THE FAMILY AND MEDICAL
LEAVE ACT OF 1993, THE FAIR LABOR STANDARDS ACT, THE NEW JERSEY FAMILY LEAVE
ACT, THE NEW JERSEY CONSCIENTIOUS EMPLOYEE PROTECTION ACT, THE NEW JERSEY CIVIL
RIGHTS ACT AND THE NEW JERSEY LAW AGAINST DISCRIMINATION.
(B)
YOU HAVE READ AND UNDERSTAND THIS SECTION 9 WHICH DISCUSSES
ARBITRATION. YOU UNDERSTAND THAT BY SIGNING THIS AGREEMENT, YOU AGREE TO SUBMIT
ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR
THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH OR TERMINATION
THEREOF, OR YOUR EMPLOYMENT OR THE TERMINATION THEREOF, TO BINDING ARBITRATION,
AND THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF YOUR RIGHT TO A JURY
TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF
THE EMPLOYER/EMPLOYEE RELATIONSHIP. YOU FURTHER UNDERSTAND THAT OTHER OPTIONS
SUCH AS FEDERAL AND STATE ADMINISTRATIVE REMEDIES AND JUDICIAL REMEDIES EXIST
AND KNOW THAT BY SIGNING THIS AGREEMENT THOSE REMEDIES ARE FOREVER PRECLUDED AND
THAT REGARDLESS OF THE NATURE OF YOUR COMPLAINT, YOU KNOW THAT IT CAN ONLY BE
RESOLVED BY ARBITRATION.
14
(C)
UNLESS THE PARTIES AGREE OTHERWISE, ANY ARBITRATION SHALL BE
ADMINISTERED BY AND TAKE PLACE IN THE OFFICES OF THE AMERICAN ARBITRATION
ASSOCIATION IN SOMERSET, NEW JERSEY.
IF THAT OFFICE IS NOT AVAILABLE, THEN THE
ARBITRATOR SHALL DETERMINE THE LOCATION OF THE ARBITRATION WITHIN NEW JERSEY.
10.
SEVERABILITY. IF ANY PROVISION OF THIS AGREEMENT SHALL BE DECLARED
INVALID OR ILLEGAL FOR ANY REASON WHATSOEVER, THEN NOTWITHSTANDING SUCH
INVALIDITY OR ILLEGALITY, THE REMAINING TERMS AND PROVISIONS OF THIS AGREEMENT
SHALL REMAIN IN FULL FORCE AND EFFECT IN THE SAME MANNER AS IF THE INVALID OR
ILLEGAL PROVISION HAD NOT BEEN CONTAINED HEREIN. MOREOVER, IF ANY ONE OR MORE OF
THE PROVISIONS CONTAINED IN THIS AGREEMENT IS