CHARGED BY THE AAA.
(C)
NONJOINDER.
IN NO EVENT MAY AN ARBITRATOR ALLOW ANY PARTY TO JOIN CLAIMS
OF ANY OTHER EMPLOYEE IN A SINGLE ARBITRATION PROCEEDING WITHOUT CONSENT OF
EMPLOYEE AND COMPANY.
IN THE EVENT THAT THE DISPUTE OR CLAIM INVOLVES A WRITTEN
AGREEMENT BETWEEN EMPLOYEE AND COMPANY (INCLUDING THIS AGREEMENT) OR A
COMPENSATION PLAN, THE ARBITRATOR WILL HAVE NO AUTHORITY TO ADD TO, DETRACT
FROM, OR OTHERWISE MODIFY THE AGREEMENT OR PLAN PROVISIONS OTHER THAN AS
EXPRESSLY SET FORTH IN THAT AGREEMENT OR PLAN.
SHOULD THIS ARBITRATION
AGREEMENT CONFLICT WITH THE ARBITRATION PROVISIONS OF ANY OTHER AGREEMENT THAT
EMPLOYEE HAS WITH COMPANY, THE TERMS OF THIS AGREEMENT WILL GOVERN.
(D)
EQUITABLE RELIEF.
IN THE EVENT THAT IRREPARABLE INJURY COULD OCCUR DURING
THE PENDENCY OF A MEDIATION OR ARBITRATION PROCEEDING, TO RESTORE OR MAINTAIN
THE STATUS QUO UNTIL THE DISPUTE HAS BEEN RESOLVED BY MEDIATION OR ARBITRATION A
PARTY MAY APPLY TO A COURT OF COMPETENT JURISDICTION TO OBTAIN A TEMPORARY OR
PRELIMINARY INJUNCTION IN AID OF MEDIATION AND ARBITRATION.
(E)
BINDING AGREEMENT.
NOTWITHSTANDING ANY POLICY OF COMPANY PERMITTING IT TO
ALTER ITS POLICIES, PROCEDURES, AND THE TERMS AND CONDITIONS OF EMPLOYMENT, THIS
AGREEMENT TO ARBITRATE IS BINDING AND CANNOT BE MODIFIED OR SUPERSEDED EXCEPT BY
A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF COMPANY AND
EMPLOYEE.
SECTION 12.
GENERAL.
(A)
NOTICES.
ALL NOTICES AND OTHER COMMUNICATIONS HEREUNDER WILL BE IN
WRITING, AND WILL BE DEEMED TO HAVE BEEN DULY GIVEN IF DELIVERED PERSONALLY, OR
THREE BUSINESS DAYS AFTER BEING MAILED BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, OR UPON RECEIPT IF SENT BY WRITTEN TELECOMMUNICATIONS, TO THE
RELEVANT ADDRESS SET FORTH BELOW, OR TO SUCH OTHER ADDRESS AS THE RECIPIENT OF
SUCH NOTICE OR COMMUNICATION WILL HAVE SPECIFIED TO THE OTHER PARTY HERETO IN
ACCORDANCE WITH THIS SECTION 12(A):
If to Company, to:
13
Benchmark Electronics, Inc.
3000 Technology Drive
Angleton, Texas 77515
Attn:
Corporate Secretary
Fax No.:
979/848-5269
If to Employee, to:
Paul J. Tufano
(at Employee's primary address on the books and records of Company from time to
time)
(B)
WITHHOLDING; NO OFFSET.
ALL PAYMENTS REQUIRED TO BE MADE BY COMPANY UNDER
THIS AGREEMENT TO EMPLOYEE WILL BE SUBJECT TO THE WITHHOLDING OF SUCH AMOUNTS,
IF ANY, RELATING TO FEDERAL, STATE AND LOCAL TAXES AS MAY BE REQUIRED BY LAW.
NO PAYMENT UNDER THIS AGREEMENT WILL BE SUBJECT TO OFFSET OR REDUCTION
ATTRIBUTABLE TO ANY AMOUNT OF OBLIGATION EMPLOYEE MAY OWE OR BE LIABLE FOR TO
COMPANY OR ANY OTHER PERSON.
(C)
EQUITABLE REMEDIES.
EACH OF THE PARTIES HERETO ACKNOWLEDGES AND AGREES
THAT UPON ANY BREACH BY EMPLOYEE OF HIS OBLIGATIONS UNDER ANY OF SECTIONS 7 AND
8
HEREOF, COMPANY WILL HAVE NO ADEQUATE REMEDY AT LAW, AND ACCORDINGLY WILL BE
ENTITLED TO SPECIFIC PERFORMANCE AND OTHER APPROPRIATE INJUNCTIVE AND EQUITABLE
RELIEF.
(D)
SEVERABILITY.
IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE ILLEGAL,
INVALID OR UNENFORCEABLE, SUCH PROVISION WILL BE FULLY SEVERABLE AND THIS
AGREEMENT WILL BE CONSTRUED AND ENFORCED AS IF SUCH