EXCEPT AS
PROVIDED FOR AND BY THE RULES AND THIS AGREEMENT, NEITHER EMPLOYEE NOR THE
COMPANY WILL BE PERMITTED TO PURSUE COURT ACTION REGARDING CLAIMS THAT ARE
SUBJECT TO ARBITRATION.
NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE THE
AUTHORITY TO DISREGARD OR REFUSE TO ENFORCE ANY LAWFUL COMPANY POLICY, AND THE
ARBITRATOR SHALL NOT ORDER OR REQUIRE THE COMPANY TO ADOPT A POLICY NOT
OTHERWISE REQUIRED BY LAW WHICH THE COMPANY HAS NOT ADOPTED.
(D)
AVAILABILITY OF INJUNCTIVE RELIEF.
IN
ADDITION TO THE RIGHT UNDER THE RULES TO PETITION TO THE COURT FOR PROVISIONAL
RELIEF, EMPLOYEE AGREES THAT ANY PARTY MAY ALSO PETITION THE COURT FOR
PRELIMINARY INJUNCTIVE RELIEF WHERE EITHER PARTY ALLEGES OR CLAIMS A VIOLATION
OF THIS AGREEMENT OR ANY OTHER AGREEMENT REGARDING TRADE SECRETS, CONFIDENTIAL
INFORMATION, NONSOLICITATION OR LABOR CODE §2870, UPON THE SAME BASIS AND
SHOWING AS WOULD OTHER LITIGANTS, TOGETHER WITH A SHOWING THAT ANY POTENTIAL
ARBITRATION AWARD WOULD BE RENDERED INEFFECTUAL WITHOUT SUCH PRELIMINARY
INJUNCTIVE RELIEF.
EMPLOYEE UNDERSTANDS THAT ANY BREACH OR THREATENED BREACH OF
SUCH AN AGREEMENT WILL CAUSE IRREPARABLE INJURY AND THAT MONEY DAMAGES WILL NOT
PROVIDE AN ADEQUATE REMEDY THEREFOR AND BOTH PARTIES HEREBY CONSENT TO THE
ISSUANCE OF AN INJUNCTION.
IN THE EVENT EITHER PARTY SEEKS INJUNCTIVE RELIEF,
THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER REASONABLE COSTS AND ATTORNEY
FEES.
(E)
ADMINISTRATIVE RELIEF.
EMPLOYEE
UNDERSTANDS THAT THIS AGREEMENT DOES NOT PROHIBIT EMPLOYEE FROM PURSUING AN
ADMINISTRATIVE CLAIM WITH A LOCAL, STATE OR FEDERAL ADMINISTRATIVE BODY SUCH AS
THE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, THE EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION OR THE WORKERS' COMPENSATION BOARD.
THIS AGREEMENT DOES, HOWEVER,
PRECLUDE EMPLOYEE FROM PURSUING COURT ACTION REGARDING ANY SUCH CLAIM.
10
(F)
VOLUNTARY NATURE OF THIS AGREEMENT.
EMPLOYEE ACKNOWLEDGES AND AGREES THAT EMPLOYEE IS EXECUTING THIS AGREEMENT
VOLUNTARILY AND WITHOUT ANY DURESS OR UNDUE INFLUENCE BY THE COMPANY OR ANYONE
ELSE.
EMPLOYEE FURTHER ACKNOWLEDGES AND AGREES THAT EMPLOYEE HAS CAREFULLY READ
THIS AGREEMENT AND HAS ASKED ANY QUESTIONS NEEDED FOR EMPLOYEE TO UNDERSTAND THE
TERMS, CONSEQUENCES AND BINDING EFFECT OF THIS AGREEMENT AND FULLY UNDERSTAND
IT, INCLUDING THAT EMPLOYEE IS WAIVING HIS RIGHT TO A JURY TRIAL.
FINALLY,
EMPLOYEE AGREES THAT HE HAS BEEN PROVIDED AN OPPORTUNITY TO SEEK THE ADVICE OF
AN ATTORNEY OF HIS CHOICE BEFORE SIGNING THIS AGREEMENT.
19.
ASSIGNMENT.
THIS AGREEMENT SHALL BE BINDING
UPON AND INURE TO THE BENEFIT OF (A) THE HEIRS, EXECUTORS AND LEGAL
REPRESENTATIVES OF EMPLOYEE UPON EMPLOYEE'S DEATH OR DISABILITY AND (B) ANY
SUCCESSOR OF THE COMPANY.
ANY SUCH SUCCESSOR OF THE COMPANY SHALL BE DEEMED
SUBSTITUTED FOR THE COMPANY UNDER THE TERMS OF THIS AGREEMENT FOR ALL PURPOSES.
AS USED HEREIN, "SUCCESSOR" SHALL INCLUDE ANY PERSON, FIRM, CORPORATION OR OTHER
BUSINESS ENTITY WHICH AT ANY TIME, WHETHER BY PURCHASE, MERGER OR OTHERWISE,
DIRECTLY OR INDIRECTLY ACQUIRES ALL OR SUBSTANTIALLY ALL OF THE ASSETS OR
BUSINESS OF THE COMPANY.
NONE OF THE RIGHTS OF EMPLOYEE TO RECEIVE ANY FORM OF
COMPENSATION PAYABLE PURSUANT TO THIS AGREEMENT SHALL BE ASSIGNABLE OR
TRANSFERABLE EXCEPT