ARISING OUT OF OR
RELATING TO THE EMPLOYMENT RELATIONSHIP BETWEEN THEM AND/OR THIS AGREEMENT,
INCLUDING THE TERMINATION OF THAT RELATIONSHIP AND ANY DISPUTES AS TO THE
ENFORCEABILITY OR APPLICABILITY OF THIS DISPUTE RESOLUTION PROVISION, SHALL BE
RESOLVED UNDER THE FOLLOWING PROCEDURES:
(A)
THE PARTY CLAIMING TO BE AGGRIEVED SHALL
FURNISH TO THE OTHER PARTY A WRITTEN STATEMENT OF THE GRIEVANCE IDENTIFYING ANY
WITNESSES OR DOCUMENTS THAT SUPPORT THE GRIEVANCE AND THE RELIEF REQUESTED OR
PROPOSED.
8
(B)
IF THE OTHER PARTY DOES NOT AGREE WITHIN
FIVE (5) BUSINESS DAYS AFTER RECEIPT OF THE STATEMENT TO FURNISH PROMPTLY THE
RELIEF REQUESTED OR PROPOSED, OR OTHERWISE DOES NOT SATISFY THE DEMAND OF THE
PARTY CLAIMING TO BE AGGRIEVED WITHIN FIVE BUSINESS DAYS AFTER RECEIPT OF THE
STATEMENT, THE PARTIES SHALL PROMPTLY SUBMIT THE DISPUTE TO NONBINDING MEDIATION
BEFORE A MEDIATOR TO BE JOINTLY SELECTED BY THE PARTIES.
THE COMPANY WILL PAY
THE COST OF THE MEDIATION.
(C)
IF THE MEDIATION DOES NOT PRODUCE A
RESOLUTION OF THE DISPUTE WITHIN FIVE BUSINESS DAYS AFTER MEDIATION COMMENCES,
THE PARTIES HEREBY AGREE TO SUBMIT ANY SUCH DISPUTE, CONTROVERSY OR CLAIM TO
BINDING ARBITRATION IN CONFORMANCE WITH THE J*A*M*S/ENDISPUTE ARBITRATION
RULES AND PROCEDURES FOR EMPLOYMENT DISPUTES ("EMPLOYMENT RULES") BUT EXPRESSLY
EXCLUDING RULE 20 THEREOF, AND FURTHER PROVIDED THAT, NOTWITHSTANDING RULE 14
THEREOF, THE PARTIES HEREBY AGREE THAT THE LOCATION OF ANY SUCH ARBITRATION
SHALL BE MIAMI, FLORIDA.
(D)
THE ARBITRATOR SHALL HAVE THE AUTHORITY TO
GRANT ANY RELIEF AUTHORIZED BY LAW OR IN EQUITY; PROVIDED, HOWEVER, THAT NOTHING
HEREIN SHALL LIMIT THE RIGHT OF EITHER PARTY TO SEEK TEMPORARY INJUNCTIVE RELIEF
FROM A COURT OF COMPETENT JURISDICTION.
THE ARBITRATOR SHALL NOT HAVE THE
AUTHORITY TO MODIFY, CHANGE OR REFUSE TO ENFORCE THE TERMS OF THIS AGREEMENT.
ANY RELIEF GRANTED HEREUNDER CAN BE ENFORCED EXCLUSIVELY BY A COURT OF COMPETENT
JURISDICTION IN MIAMI-DADE COUNTY, FLORIDA.
THE PARTIES HEREBY IRREVOCABLY
SUBMIT IN ANY SUCH ARBITRATION SUIT, ACTION OR PROCEEDING TO BE LOCATED IN
MIAMI-DADE COUNTY, FLORIDA, AND WAIVE ANY AND ALL OTHER FORUMS AND OBJECTIONS TO
SUCH JURISDICTION OR VENUE THAT THEY MAY HAVE UNDER THE LAWS OF ANY STATE OR
COUNTRY, INCLUDING, WITHOUT LIMITATION, ANY ARGUMENT THAT JURISDICTION, SITUS
AND/OR VENUE ARE INCONVENIENT OR OTHERWISE IMPROPER.
THE PREVAILING PARTY IN
ANY DISPUTE BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO AN ACTION TO
ENFORCE ARBITRATION OR AN ARBITRATION AWARD, SHALL BE ENTITLED TO AN AWARD OF
REASONABLE ATTORNEY'S FEES AND COSTS, INCLUDING COSTS OF ARBITRATION
NOTWITHSTANDING RULE 27 OF THE EMPLOYMENT RULES.
(E)
ARBITRATION SHALL BE THE EXCLUSIVE FINAL
REMEDY FOR ALL DISPUTES BETWEEN THE PARTIES, AND THE PARTIES AGREE THAT NO
DISPUTE SHALL BE SUBMITTED TO ARBITRATION IF THE PARTY CLAIMING TO BE AGGRIEVED
HAS NOT COMPLIED WITH THE PRELIMINARY STEPS IN PARAGRAPHS (A) AND (B) ABOVE.
(F)
NOTWITHSTANDING THE FOREGOING, THE
COMPANY SHALL HAVE THE RIGHT TO SEEK EQUITABLE RELIEF PURSUANT TO SECTION 11 IN
THE EVENT OF A BREACH OF SECTION 10 OF THIS AGREEMENT.
IN SUCH EVENT, THE
PARTIES HEREBY IRREVOCABLY SUBMIT