EMPLOYMENT DISPUTE RESOLUTION RULES OF JAMS IN
THE COUNTY IN WHICH THE COMPANY HAS ITS PRINCIPLE PLACE OF BUSINESS, WHICH
MEDIATION WILL OCCUR IN SAID COUNTY, AND BE PRESIDED OVER BY A
MEDIATOR/ARBITRATOR WHO IS LISTED ON THE JAMS LIST OF MEDIATORS/ARBITRATORS FOR
SAID COUNTY OFFICE AT THE TIME THE DEMAND FOR MEDIATION IS MADE.
NOTICE OF
DEMAND FOR MEDIATION SHALL BE MADE IN WRITING TO THE OPPOSING PARTY AND TO JAMS
WITHIN A REASONABLE TIME AFTER THE CLAIM, DISPUTE OR OTHER MATTER IN QUESTION
HAS ARISEN.
IN NO EVENT SHALL A DEMAND FOR MEDIATION BE MADE AFTER THE DATE
WHEN THE APPLICABLE STATUTE OF LIMITATIONS WOULD BAR THE INSTITUTION OF A LEGAL
OR EQUITABLE PROCEEDING BASED ON SUCH CLAIM, DISPUTE OR OTHER MATTER IN
QUESTION.
IN THE EVENT THAT THE DISPUTE IS NOT SOLVED BY MEDIATION, IT SHALL BE
SUBMITTED TO BINDING ARBITRATION IN ACCORDANCE WITH THE APPLICABLE EMPLOYMENT
DISPUTE RESOLUTION RULES OF JAMS IN SAID LOCATION.
THE DECISION OF THE
ARBITRATORS SHALL BE FINAL AND BINDING AND MAY BE ENFORCED IN ANY COURT OF
COMPETENT JURISDICTION.
IN WITNESS WHEREOF, THE BOARD OF DIRECTORS OF THE COMPANY HAS APPROVED THE
ADOPTION OF THIS PLAN AS OF THE EFFECTIVE DATE AND HAS CAUSED THE PLAN TO BE
EXECUTED BY ITS DULY AUTHORIZED REPRESENTATIVE THIS 31ST DAY OF DECEMBER 2008.
AVOCENT CORPORATION
By
/s/ Samuel F. Saracino
Title:
Secretary
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