WAGES OR BENEFITS, OR IN THE ABSENCE OF A WRITTEN
WAIVER PURSUANT TO PARAGRAPH (IX) BELOW, HEAR OR DECIDE ANY MATTER THAT WAS NOT
PROCESSED IN ACCORDANCE WITH THIS SECTION 15.
THE ARBITRATOR SHALL HAVE
EXCLUSIVE AUTHORITY TO
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RESOLVE ANY CLAIM, INCLUDING, BUT NOT LIMITED TO, A DISPUTE RELATING TO THE
INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS SECTION 15,
OR ANY CONTENTION THAT ALL OR ANY PART OF THIS SECTION 15 IS VOID OR VOIDABLE.
THE ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY FORM OF REMEDY OR DAMAGES
THAT WOULD BE AVAILABLE IN A COURT.
(IV)
COMPANY SHALL PAY REASONABLE AND NECESSARY
FEES OF THE AAA AND THE ARBITRATOR.
THE PARTIES WILL PAY THEIR OWN ATTORNEYS'
FEES AND EXPENSES ASSOCIATED WITH THE ARBITRATION.
(V)
EITHER PARTY, IN ITS SOLE DISCRETION, MAY,
IN WRITING, WAIVE, IN WHOLE OR IN PART, THE OTHER'S FAILURE TO FOLLOW ANY TIME
LIMIT OR OTHER REQUIREMENT SET FORTH IN THIS SECTION 15.
(VI)
TO THE EXTENT PERMITTED BY LAW, EMPLOYEE
AGREES NOT TO INITIATE OR PROSECUTE AGAINST COMPANY ANY ADMINISTRATIVE ACTION
(OTHER THAN AN ADMINISTRATIVE CHARGE OF DISCRIMINATION) IN ANY WAY RELATED TO
ANY CLAIM COVERED BY THIS SECTION 15.
(VII)
THE ARBITRATION WILL BE CONDUCTED IN PRIVATE,
AND WILL NOT BE OPEN TO THE PUBLIC OR THE MEDIA.
THE TESTIMONY AND OTHER
EVIDENCE PRESENTED, AND THE RESULTS OF THE ARBITRATION, UNLESS OTHERWISE AGREED
TO BY BOTH PARTIES, ARE CONFIDENTIAL AND MAY NOT BE MADE PUBLIC OR REPORTED BY
ANY NEWS AGENCY OR LEGAL PUBLISHER OR SERVICE.
(VIII)
THE ARBITRATOR SHALL RENDER A WRITTEN DECISION AND
AWARD (THE "AWARD"), WHICH SHALL SET FORTH THE FACTS AND REASONS THAT SUPPORT
THE AWARD.
THE AWARD SHALL BE FINAL AND BINDING ON COMPANY AND EMPLOYEE AND
SHALL BE ENTERED IN A COURT OF COMPETENT JURISDICTION.
16.
SEVERABILITY AND REFORMATION.
SUBJECT TO THE
REFORMATION PROVISION IN SECTION 13, IF ANY PROVISION OF THIS AGREEMENT IS HELD
TO BE ILLEGAL, INVALID OR UNENFORCEABLE UNDER ANY PRESENT OR FUTURE LAW, AND IF
THE RIGHTS OR OBLIGATIONS OF EMPLOYEE OR THE COMPANY UNDER THIS AGREEMENT WOULD
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NOT BE MATERIALLY AND ADVERSELY AFFECTED THEREBY, SUCH PROVISION SHALL BE FULLY
SEVERABLE, AND THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED AS IF SUCH
ILLEGAL, INVALID OR UNENFORCEABLE PROVISION HAD NEVER COMPRISED A PART THEREOF,
THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT
AND SHALL NOT BE AFFECTED BY THE ILLEGAL, INVALID OR UNENFORCEABLE PROVISION OR
BY ITS SEVERANCE HEREFROM, AND IN LIEU OF SUCH ILLEGAL, INVALID OR UNENFORCEABLE
PROVISION, THERE SHALL BE ADDED AUTOMATICALLY AS A PART OF THIS AGREEMENT A
LEGAL, VALID AND ENFORCEABLE PROVISION AS SIMILAR IN TERMS TO SUCH ILLEGAL,
INVALID OR UNENFORCEABLE PROVISION AS MAY BE POSSIBLE, AND THE COMPANY AND
EMPLOYEE HEREBY REQUEST THE COURT OR ANY ARBITRATOR TO WHOM DISPUTES RELATING TO
THIS AGREEMENT ARE SUBMITTED TO REFORM THE OTHERWISE UNENFORCEABLE COVENANT IN
ACCORDANCE WITH THIS SECTION 16.
17.
HEADINGS, GENDER, ETC.
THE HEADINGS USED IN
THIS AGREEMENT HAVE