ARBITRATE, AND THEREBY AGREES TO WAIVE
ANY RIGHT TO A TRIAL BY JURY, INCLUDE ANY STATUTORY CLAIMS UNDER STATE OR
FEDERAL LAW, INCLUDING, BUT NOT LIMITED TO, CLAIMS UNDER TITLE VII OF THE CIVIL
RIGHTS ACT OF 1964, THE AMERICANS WITH DISABILITIES ACT OF 1990, THE AGE
DISCRIMINATION IN EMPLOYMENT ACT OF 1967, THE OLDER WORKERS BENEFIT PROTECTION
ACT, THE SARBANES-OXLEY ACT, THE WORKER ADJUSTMENT AND RETRAINING NOTIFICATION
ACT, THE FAMILY AND MEDICAL LEAVE ACT, CLAIMS OF HARASSMENT, DISCRIMINATION, OR
WRONGFUL TERMINATION, AND ANY OTHER STATUTORY OR COMMON LAW CLAIMS UNDER GEORGIA
LAW.
EMPLOYEE FURTHER UNDERSTANDS THAT THIS AGREEMENT TO ARBITRATE ALSO APPLIES
TO ANY DISPUTES THAT THE COMPANY MAY HAVE WITH EMPLOYEE.
19.2
Procedure.
EMPLOYEE AGREES THAT ANY ARBITRATION WILL BE
CONDUCTED IN ATLANTA, GEORGIA.
EMPLOYEE FURTHER AGREES THAT ANY ARBITRATION
WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), PURSUANT
TO ITS EMPLOYMENT ARBITRATION RULES & PROCEDURES (THE "AAA RULES").
EMPLOYEE
UNDERSTANDS THAT THE COMPANY AND EMPLOYEE WILL SPLIT THE ADMINISTRATIVE AND
HEARING FEES CHARGED BY THE ARBITRATOR AND AAA, EXCEPT THAT THE PARTY WHO
INITIATES THE ARBITRATION SHALL PAY THE ENTIRE FILING FEE.
EMPLOYEE AGREES THAT
THE ARBITRATOR SHALL HAVE THE POWER TO DECIDE ANY MOTIONS BROUGHT BY ANY PARTY
TO THE ARBITRATION, INCLUDING MOTIONS FOR SUMMARY JUDGMENT AND/OR ADJUDICATION
AND MOTIONS TO DISMISS AND DEMURRERS, PRIOR TO ANY ARBITRATION
HEARING.
EMPLOYEE ALSO AGREES THAT THE ARBITRATOR SHALL HAVE THE POWER TO AWARD
ANY REMEDIES AVAILABLE UNDER APPLICABLE LAW, AND THAT THE ARBITRATOR SHALL AWARD
REASONABLE ATTORNEYS' FEES AND COSTS TO THE PREVAILING PARTY.
EMPLOYEE AGREES
THAT THE ARBITRATOR SHALL ADMINISTER AND CONDUCT ANY ARBITRATION IN A MANNER
CONSISTENT WITH THE ACT AND THAT TO THE EXTENT THAT THE AAA RULES CONFLICT WITH
THE ACT, THE ACT SHALL TAKE PRECEDENCE.
EMPLOYEE AGREES THAT THE DECISION OF
THE ARBITRATOR SHALL BE IN WRITING.
19.3
Remedy.
EXCEPT AS PROVIDED BY THE ACT AND THIS AGREEMENT,
ARBITRATION SHALL BE THE SOLE, EXCLUSIVE, AND FINAL REMEDY FOR ANY DISPUTE
BETWEEN EMPLOYEE AND THE COMPANY.
ACCORDINGLY, EXCEPT AS PROVIDED FOR BY THE
ACT AND THIS AGREEMENT, NEITHER EMPLOYEE NOR THE COMPANY WILL BE PERMITTED TO
PURSUE COURT ACTION REGARDING CLAIMS THAT ARE SUBJECT TO ARBITRATION.
19.4
Availability of Injunctive Relief.
EMPLOYEE UNDERSTANDS THAT ANY
BREACH OR THREATENED BREACH OF THE EMPLOYEE PROPRIETARY INFORMATION AND
INVENTIONS ASSIGMENT AGREEMENT BETWEEN EMPLOYEE AND THE COMPANY OR ANY OTHER
AGREEMENT REGARDING TRADE SECRETS, CONFIDENTIAL INFORMATION, OR NON-SOLICITATION
WILL CAUSE IRREPARABLE INJURY AND THAT MONEY DAMAGES WILL NOT PROVIDE AN
ADEQUATE REMEDY THEREFOR.
ACCORDINGLY, BOTH PARTIES SHALL BE ENTITLED, AS A
MATTER OF RIGHT, TO SEEK AND OBTAIN, IN ANY COURT OF COMPETANT JURISDICTION WITH
RESPECT TO ANY ACTUAL OR THREATENED BREACH OF ANY PROVISION OF THIS AGREEMENT,
THE EMPLOYEE PROPRIETARY INFORMATION AND INVENTIONS ASSIGMENT AGREEMENT, OR ANY
OTHER AGREEMENT REGARDING TRADE SECRETS, CONFIDENTIAL INFORMATION, OR
NON-SOLICITATION: (I) A DECREE OR ORDER OF SPECIFIC PERFORMANCE TO ENFORCE THE
OBSERVANCE AND PERFORMANCE OF THE PARTIES' OBLIGATIONS; AND (II) AN INJUNCTION
RESTRAINING SUCH BREACH OR THREATENED BREACH.
EMPLOYEE