AND ANY STATUTORY CLAIMS.
CONSULTANT UNDERSTANDS THAT THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO ANY
DISPUTES THAT THE COMPANY MAY HAVE WITH CONSULTANT.
B.
PROCEDURE.
CONSULTANT AGREES THAT ANY ARBITRATION WILL BE
ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), AND THAT A NEUTRAL
ARBITRATOR WILL BE SELECTED IN A MANNER CONSISTENT WITH ITS NATIONAL RULES FOR
THE RESOLUTION OF EMPLOYMENT DISPUTES.
CONSULTANT AGREES THAT THE ARBITRATOR
WILL HAVE THE POWER TO DECIDE ANY MOTIONS BROUGHT BY ANY PARTY TO THE
ARBITRATION, INCLUDING DISCOVERY MOTIONS, MOTIONS FOR SUMMARY JUDGMENT AND/OR
ADJUDICATION AND MOTIONS TO DISMISS AND DEMURRERS, PRIOR TO ANY ARBITRATION
HEARING.
CONSULTANT AGREES THAT THE ARBITRATOR WILL ISSUE A WRITTEN DECISION ON
THE MERITS.
CONSULTANT ALSO AGREES THAT THE ARBITRATOR WILL HAVE THE POWER TO
AWARD ANY REMEDIES, INCLUDING ATTORNEYS' FEES AND COSTS, AVAILABLE UNDER
APPLICABLE LAW.
CONSULTANT UNDERSTANDS THAT THE COMPANY WILL PAY FOR ANY
ADMINISTRATIVE OR HEARING FEES CHARGED BY THE ARBITRATOR OR AAA, EXCEPT THAT
CONSULTANT SHALL PAY THE AMOUNT OF ANY FILING FEES ASSOCIATED WITH ANY
ARBITRATION CONSULTANT INITIATES THAT CONSULTANT WOULD HAVE OTHERWISE HAD TO PAY
HAD HE FILED ANY SUCH CLAIM IN COURT.
CONSULTANT AGREES THAT THE ARBITRATOR
WILL ADMINISTER AND CONDUCT ANY ARBITRATION IN A MANNER CONSISTENT WITH THE
RULES AND THAT, TO THE EXTENT THAT THE AAA'S NATIONAL RULES FOR THE RESOLUTION
OF EMPLOYMENT DISPUTES CONFLICT WITH THE RULES, THE RULES WILL TAKE PRECEDENCE.
C.
REMEDY.
EXCEPT AS PROVIDED BY THE RULES, ARBITRATION WILL BE THE
SOLE, EXCLUSIVE AND FINAL REMEDY FOR ANY DISPUTE BETWEEN THE COMPANY AND
CONSULTANT.
ACCORDINGLY, EXCEPT AS PROVIDED FOR BY THE RULES, NEITHER THE
COMPANY NOR CONSULTANT WILL BE PERMITTED TO PURSUE COURT ACTION REGARDING CLAIMS
THAT ARE SUBJECT TO ARBITRATION.
NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR
WILL NOT HAVE THE AUTHORITY TO DISREGARD OR REFUSE TO ENFORCE ANY LAWFUL COMPANY
POLICY, AND THE ARBITRATOR SHALL NOT ORDER OR REQUIRE THE COMPANY TO ADOPT A
POLICY NOT OTHERWISE REQUIRED BY LAW WHICH THE COMPANY HAS NOT ADOPTED.
D.
AVAILABILITY OF INJUNCTIVE RELIEF.
IN ADDITION TO THE RIGHT UNDER
THE RULES TO PETITION THE COURT FOR PROVISIONAL RELIEF, CONSULTANT AGREES THAT
ANY PARTY MAY ALSO PETITION THE COURT FOR INJUNCTIVE RELIEF WHERE EITHER PARTY
ALLEGES OR CLAIMS A VIOLATION OF SECTIONS 2 (CONFIDENTIALITY), 3 (OWNERSHIP) OR
4 (CONFLICTING OBLIGATIONS) OF THIS AGREEMENT OR ANY OTHER AGREEMENT REGARDING
TRADE SECRETS, CONFIDENTIAL INFORMATION, NONSOLICITATION OR LABOR CODE §2870.
IN THE EVENT EITHER THE COMPANY OR CONSULTANT SEEKS INJUNCTIVE RELIEF, THE
PREVAILING PARTY WILL BE ENTITLED TO RECOVER REASONABLE COSTS AND ATTORNEYS'
FEES.
E.
ADMINISTRATIVE RELIEF.
CONSULTANT UNDERSTANDS THAT THIS
AGREEMENT DOES NOT PROHIBIT CONSULTANT FROM PURSUING AN ADMINISTRATIVE CLAIM
WITH A LOCAL, STATE OR FEDERAL ADMINISTRATIVE BODY SUCH AS THE DEPARTMENT OF
FAIR EMPLOYMENT AND HOUSING, THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION OR THE
WORKERS' COMPENSATION BOARD.
THIS AGREEMENT DOES, HOWEVER, PRECLUDE CONSULTANT
FROM PURSUING COURT ACTION REGARDING ANY SUCH CLAIM.
5
F.
VOLUNTARY NATURE OF AGREEMENT.
CONSULTANT ACKNOWLEDGES AND
AGREES THAT CONSULTANT IS EXECUTING THIS AGREEMENT VOLUNTARILY AND WITHOUT ANY