BY THE ARBITRATOR SHALL BE ENTERED IN ANY COURT HAVING
JURISDICTION THEREOF (UNLESS IN THE CASE OF AN AWARD OF DAMAGES, THE FULL AMOUNT
OF THE AWARD IS PAID WITHIN 10 DAYS OF ITS DETERMINATION BY THE ARBITRATOR).
OTHERWISE, THE AWARD SHALL BE BINDING ON THE PARTIES IN CONNECTION WITH THEIR
CONTINUING PERFORMANCE OF THIS AGREEMENT AND IN ANY SUBSEQUENT ARBITRAL OR
JUDICIAL PROCEEDING BETWEEN THE PARTIES.
(E)
THE ARBITRATION SHALL TAKE PLACE IN LOS
ANGELES, CALIFORNIA.
(F)
THE ARBITRATION PROCEEDING AND ALL
FILING, TESTIMONY, DOCUMENTS AND INFORMATION RELATING TO OR PRESENTED DURING THE
ARBITRATION PROCEEDING SHALL BE DISCLOSED EXCLUSIVELY FOR THE PURPOSE OF
FACILITATING THE ARBITRATION PROCESS AND FOR NO OTHER PURPOSE AND SHALL BE
DEEMED TO BE INFORMATION SUBJECTION TO THE CONFIDENTIALITY PROVISIONS OF THIS
AGREEMENT.
(G)
THE PARTIES SHALL CONTINUE PERFORMING THEIR
RESPECTIVE OBLIGATIONS UNDER THIS AGREEMENT NOTWITHSTANDING THE EXISTENCE OF A
DISPUTE WHILE THE DISPUTE IS BEING RESOLVED UNLESS AND UNTIL SUCH OBLIGATIONS
ARE TERMINATED OR EXPIRE IN ACCORDANCE WITH THE PROVISIONS HEREOF.
IN THE EVENT
THAT THE ARBITRATOR DETERMINES THAT THE COMPANY IN BAD FAITH HAS FAILED TO
CONTINUE TO PERFORM ITS PAYMENT OR OTHER OBLIGATIONS TO EXECUTIVE UNDER THIS
AGREEMENT WITHOUT A DETERMINATION BY THE ARBITRATOR THAT IT IS ENTITLED TO DO
SO, THE ARBITRATOR SHALL HAVE THE AUTHORITY TO ACCELERATE THE FULL AMOUNT OF ALL
SUMS WHICH ARE THEN OR WHICH MAY THEREAFTER BECOME DUE OR PAYABLE UNDER THIS
AGREEMENT FROM THE COMPANY TO EXECUTIVE OR TO REQUIRE THAT THE COMPANY POST AN
UNCONDITIONAL BANK LETTER OF CREDIT WHICH EXECUTIVE MAY DRAW UPON AT ANY TIME
FOR THE AMOUNT OF ALL SUCH SUMS WHICH MAY THEREAFTER BECOME PAYABLE BY THE
COMPANY TO EXECUTIVE AND IN ADDITION, ORDER THAT THE COMPANY PAY ALL OF
EXECUTIVE'S LEGAL FEES AND OTHER COSTS IN CONNECTION WITH THE ARBITRATION AND
ANY ENFORCEMENT OF THE ARBITRATOR'S JUDGMENT OR AWARD.
(H)
THE ARBITRATOR MAY, IN HIS OR HER SOLE
DISCRETION, ORDER A PRE-HEARING EXCHANGE OF INFORMATION INCLUDING PRODUCTION OF
DOCUMENTS, EXCHANGE OF SUMMARIES OF TESTIMONY OR EXCHANGE OF STATEMENTS OF
POSITION, AND SHALL SCHEDULE PROMPTLY ALL DISCOVERY AND OTHER PROCEDURAL STEPS
AND OTHERWISE ASSUME CASE MANAGEMENT INITIATIVE AND CONTROL TO EFFECT AN
EFFICIENT AND EXPEDITIOUS RESOLUTION OF THE DISPUTE.
NO TESTIMONY OF ANY
WITNESS SHALL BE PRESENTED IN WRITTEN FORM UNLESS THE OPPOSING PARTY OR PARTIES
SHALL HAVE THE OPPORTUNITY TO CROSS-EXAMINE SUCH WITNESS, EXCEPT AS THE PARTIES
OTHERWISE AGREE IN WRITING.
AT ANY ORAL HEARING OF EVIDENCE IN CONNECTION WITH
AN ARBITRATION PROCEEDING, EACH PARTY AND ITS COUNSEL SHALL HAVE THE RIGHT TO
EXAMINE ITS WITNESS AND TO CROSS-EXAMINE THE WITNESSES OF THE OTHER PARTY.
(I)
NOTWITHSTANDING THE DISPUTE RESOLUTION
PROCEDURES CONTAINED IN THIS SECTION 18, EITHER PARTY MAY APPLY TO ANY COURT
HAVING JURISDICTION (I) TO ENFORCE
9
THIS QUO UNTIL THE ARBITRATION AWARD IS RENDERED OR THE DISPUTE IS OTHERWISE
RESOLVED, OR (III) TO CHALLENGE OR VACATE ANY FINAL JUDGEMENT, AWARD OR DECISION
OF THE ARBITRATOR THAT DOES NOT COMPORT WITH THE EXPRESS PROVISIONS OF THIS