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Arbitration Agreement in Employment

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Arbitration Agreement in Employment

Arbitration Agreement in Employment

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Arbitration Agreement in Employment
1. MUTUAL AGREEMENT TO ARBITRATE DISPUTES: Any claim or dispute regarding the terms or conditions of employment shall be resolved exclusively by binding arbitration under the terms of this Agreement.

2. Terms of Arbitration. All matters subject to arbitration including but NOT LIMITED to employment, wrongful termination, wrongdoing, such as misrepresentation, negligence, breach of contract, breach of fiduciary duty, unconscionability, fraud in the inducement, rescission, breach of the covenant of good faith and fair dealing and unfair business practices shall be submitted to arbitration in accordance with the Securities Arbitration Rules of the American Arbitration Association, except as otherwise provided in this Agreement.

3. Fees and Expenses. All fees and expenses connected with the arbitration proceeding, other than counsel fees incurred by either party, if any, shall be shared equally by both parties.

The Arbitrators are authorized to award either party a sum to compensate the party for the time and expense of the arbitration if they determine that arbitration was demanded without reasonable cause. In such event, the Arbitrators may also assess the costs of the arbitration proceeding against the party that demanded arbitration. In all other cases, the costs of the arbitration proceeding shall be assessed against the party against whom the arbitration award is determined, or against both parties if the determination is against both.

4. ARBITRATION OF DISPUTES: Arbitration shall be conducted under the rules of the American Arbitration Association (“AAA”). Arbitration shall be filed at the office of the AAA nearest to the place of employment. Reasonable discovery shall be permitted pursuant to a written discovery plan determined by the arbitrator(s). Each party shall bear their own attorneys fees, unless a specific claims statute applies. The arbitrator(s) shall render a statement of the reasons for the award. Judgment on the award may be entered in any court of competent jurisdiction.

WAIVERS:

THE PARTIES HEREBY FREELY WAIVE THE RIGHT TO TRIAL BY JUDGE OR JURY, THE RIGHT TO APPEAL, FULL PRETRIAL DISCOVERY AND APPLICATION OF THE RULES OF EVIDENCE.

We have read, fully understand and agree to the above:

IN WITNESS WHEREOF, Employee and Employer have executed, entered into and delivered this Agreement as of the date first set forth above.


Employee’s Name: _________________________________________________________



By _____________________________________________
Signature Date


Employer’s Name: _________________________________________________________



By _____________________________________________
Signature Date

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