IN ARBITRATION UNDER THIS PROVISION, AND FOR ANY JUDICIAL
PROCEEDINGS RELATED TO THE ARBITRATION, SHALL BE IN KANSAS CITY, MISSOURI.
NOTHING IN THIS PARAGRAPH, HOWEVER, SHALL PREVENT THE COMPANY FROM SEEKING
INJUNCTIVE RELIEF TO PRESERVE ITS RIGHTS UNDER PARAGRAPHS 4 THROUGH 8 OF THIS
AGREEMENT.
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12.
SEVERABILITY.
IF ANY ONE OR MORE OF THE
PROVISIONS OF THIS AGREEMENT SHALL BE HELD INVALID OR UNENFORCEABLE, THE
REMAINING PROVISIONS SHALL REMAIN VALID AND ENFORCEABLE TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
13.
ENTIRE AGREEMENT.
THIS AGREEMENT CONTAINS A
STATEMENT OF ALL AGREEMENTS AND UNDERSTANDINGS BETWEEN THE EMPLOYEE AND THE
COMPANY ON THE SUBJECT MATTERS COVERED BY THE AGREEMENT, AND IT REPLACES AND
SUPERSEDES ALL PRIOR CONTRACTS AND AGREEMENTS BETWEEN THE EMPLOYEE AND THE
COMPANY CONCERNING SUCH MATTERS.
NO ADDITIONS OR MODIFICATIONS TO THIS
AGREEMENT WILL BE EFFECTIVE UNLESS MADE IN WRITING AND SIGNED BY THE EMPLOYEE
AND THE COMPANY.
14.
BINDING EFFECT.
THIS AGREEMENT SHALL BE
BINDING UPON AND INURE TO THE BENEFIT OF THE PERSONAL REPRESENTATIVES, HEIRS AND
ASSIGNS OF THE EMPLOYEE AND TO ANY SUCCESSORS IN INTEREST AND ASSIGNS OF THE
COMPANY.
15.
NOTICES.
ALL NOTICES REQUIRED OR PERMITTED TO BE GIVEN HEREUNDER
SHALL BE SENT REGISTERED OR CERTIFIED MAIL, ADDRESSED TO THE RESPECTIVE PARTIES
AT THEIR ADDRESSES SET FORTH BELOW:
To the
Employee:
Sukh Bassi
1502 Hillcrest Court
Atchison, Kansas
66002
To the
Company:
MGP Ingredients, Inc.
100 Commercial Street
P.O. Box 130
Atchison, Kansas 66002-0130
or such other address as a party hereto may notify the other in writing.
16.
APPLICABLE LAW.
THIS AGREEMENT, OR ANY
PORTION THEREOF, SHALL BE INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE
OF KANSAS.
17.
ASSIGNMENT.
THE RIGHTS AND OBLIGATIONS OF
THE COMPANY UNDER THIS AGREEMENT SHALL INURE TO THE BENEFIT OF AND SHALL BE
BINDING UPON THE SUCCESSORS AND ASSIGNS OF THE COMPANY.
EMPLOYEE MAY NOT ASSIGN
ANY OF HIS RIGHTS OR DELEGATE ANY OF HIS DUTIES OR OBLIGATIONS UNDER THIS
AGREEMENT WITHOUT THE COMPANY'S EXPRESS WRITTEN CONSENT.
18.
NON-WAIVER PROVISION.
THE FAILURE OF EITHER
PARTY OF THIS AGREEMENT TO INSIST UPON STRICT ADHERENCE TO ANY TERM OF THIS
AGREEMENT, OR TO OBJECT TO ANY FAILURE TO COMPLY WITH ANY PROVISION OF THIS
AGREEMENT, SHALL NOT (A) CONSTITUTE OR OPERATE AS A WAIVER OF THAT TERM OR
PROVISION, (B) ESTOP THAT PARTY FROM ENFORCING THAT TERM OR PROVISION, OR (C)
PRECLUDE THAT PARTY FROM ENFORCING THAT TERM OR PROVISION OR ANY OTHER TERM OR
PROVISION.
THE RECEIPT OF A PARTY TO THIS AGREEMENT OF ANY BENEFIT FROM THIS
AGREEMENT SHALL NOT EFFECT A WAIVER OR ESTOPPEL OF THE RIGHT OF THAT PARTY TO
ENFORCE ANY PROVISION OF THIS AGREEMENT.
ALL SIGNATORIES ACKNOWLEDGE THEY HAVE CAREFULLY READ THIS AGREEMENT, WERE
PROVIDED AN OPPORTUNITY TO EXAMINE THE
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ARBITRATION RULES AND CONSULT WITH COUNSEL BEFORE SIGNING, AND UNDERSTAND THAT
BY SIGNING THIS AGREEMENT, BOTH PARTIES WAIVE RIGHTS TO TRIAL BY COURT OR JURY,
EXCEPT AS EXPRESSLY PROVIDED HEREIN.
IN WITNESS WHEREOF, the parties have duly executed this Agreement as