Common use of Remedy Clause in Contracts

Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 73 contracts

Samples: Executive Severance Agreement (Plantronics Inc /Ca/), Change of Control and Severance Agreement (Ambarella Inc), Control and Severance Agreement

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Remedy. Except as provided by the Act and this AgreementAct, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive 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 will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 70 contracts

Samples: Severance and Change in Control Agreement (Prosper Funding LLC), Control and Severance Agreement, Employment Agreement (Lowell Farms Inc.)

Remedy. Except as provided by the Act and this AgreementRules, arbitration will shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this AgreementRules, neither Executive 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.

Appears in 69 contracts

Samples: Tedd Allen Employment Agreement (NanoString Technologies Inc), Employment Agreement (NanoString Technologies Inc), Employment Agreement (NanoString Technologies Inc)

Remedy. Except as provided by the Act and this AgreementRules, arbitration will be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this AgreementRules, neither Executive 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 will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 54 contracts

Samples: Executive Employment Agreement (NeurogesX Inc), Executive Employment Agreement (NeurogesX Inc), Executive Employment Agreement (NeurogesX Inc)

Remedy. Except as provided by the Act and this AgreementAct, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive 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 will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 48 contracts

Samples: Change of Control and Severance Agreement (Veracyte, Inc.), Change of Control and Severance Agreement (Veracyte, Inc.), Severance and Change in Control Agreement (Scilex Holding Co)

Remedy. Except as provided by this Agreement and by the Act and this AgreementRules, including any provisional relief offered therein, arbitration will be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act Rules and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 23 contracts

Samples: Executive Employment Agreement (Trevena Inc), Executive Employment Agreement (Trevena Inc), Executive Employment Agreement (Trevena Inc)

Remedy. Except as provided by this Agreement and by the Act and this AgreementRules, including any provisional relief offered therein, arbitration will be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act Rules and this Agreement, neither Executive 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 will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 18 contracts

Samples: Executive Employment Agreement (Impinj Inc), Diorio Employment Agreement (Impinj Inc), Executive Employment Agreement (Impinj Inc)

Remedy. Except as provided by the Act and this Agreement, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive you and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive you nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 14 contracts

Samples: Letter Agreement (Splunk Inc), Letter Agreement (Splunk Inc), Letter Agreement (Splunk Inc)

Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive Employee and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive Employee nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 13 contracts

Samples: Change of Control and Severance Agreement (Cutera Inc), Change of Control and Severance Agreement (Cutera Inc), Change of Control and Severance Agreement (Cutera Inc)

Remedy. Except as provided by the Act and this Agreement, arbitration will Arbitration shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive 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 will not order or require the Company to adopt a policy not otherwise required by law that the Company has not adopted.

Appears in 10 contracts

Samples: Employment Agreement (OKYO Pharma LTD), Employment Agreement (OKYO Pharma LTD), Employment Agreement (OKYO Pharma LTD)

Remedy. Except as provided by the Act and this Agreementrules, arbitration will shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreementrules, neither Executive 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.

Appears in 10 contracts

Samples: Passarello Employment Agreement (Therma Wave Inc), Change of Control Agreement (Ziprealty Inc), Employment Agreement (Copart Inc)

Remedy. Except as provided by the Act and this COC Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this COC Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 9 contracts

Samples: Executive Severance Agreement (Plantronics Inc /Ca/), Executive Severance Agreement (Plantronics Inc /Ca/), Executive Severance Agreement (Plantronics Inc /Ca/)

Remedy. Except as provided by the Act and this AgreementAct, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive 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 will not order or require the Company to adopt a policy not otherwise required by law that the Company has not adopted.

Appears in 8 contracts

Samples: Employment Agreement (Flexible Solutions International Inc), Employment Agreement (Flexible Solutions International Inc), Employment Agreement (Flexible Solutions International Inc)

Remedy. Except as provided by the Act Rules and this Agreement, arbitration will shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for and by the Act Rules and this Agreement, neither Executive 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.

Appears in 7 contracts

Samples: And Invention Assignment Agreement (Supergen Inc), Employment and Confidential Information (Supergen Inc), Executive Employment and Confidential Information and Invention Assignment Agreement (Supergen Inc)

Remedy. Except as provided by the Act and this Agreement, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 6 contracts

Samples: Employment Agreement (Align Technology Inc), Employment Agreement (Align Technology Inc), Employment Agreement (Align Technology Inc)

Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between the Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither the Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 5 contracts

Samples: Change of Control and Severance Agreement (Quantenna Communications Inc), Change of Control and Severance Agreement (Quantenna Communications Inc), Change of Control and Severance Agreement (Quantenna Communications Inc)

Remedy. Except as provided by the Act and elsewhere in this Agreement, arbitration will shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and elsewhere in this Agreement, neither Executive 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 that the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 4 contracts

Samples: Executive Employment Agreement (Komag Inc /De/), Executive Employment Agreement (Komag Inc /De/), Executive Employment Agreement (Komag Inc /De/)

Remedy. Except as provided by the CCP Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between the Executive and the Company. Accordingly, except as provided for by the CCP Act and this Agreement, neither the Executive nor the Company will be permitted to pursue or participate in a court action regarding claims that are subject to arbitration.

Appears in 3 contracts

Samples: Change of Control and Severance Agreement (Talend S.A.), Change of Control and Severance Agreement (Talend S.A.), Change of Control and Severance Agreement (Talend SA)

Remedy. Except as provided by the Act and this AgreementRules, arbitration will shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 2 contracts

Samples: Employment Agreement (Fei Co), Agreement (Veeco Instruments Inc)

Remedy. Except as provided by the Act and this Agreement, arbitration will shall be the sole, exclusive, and final remedy for any dispute between the Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither the Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 2 contracts

Samples: Employment Agreement (Align Technology Inc), Employment Agreement (Align Technology Inc)

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Remedy. Except as provided by the Act and this Agreement, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive 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 will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 2 contracts

Samples: Executive Employment Agreement (Invitae Corp), Executive Employment Agreement (Invitae Corp)

Remedy. Except as provided by the Act and this AgreementAct, arbitration will be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive 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 will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 1 contract

Samples: Change of Control and Severance Agreement (CareDx, Inc.)

Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute arising out of the terms of this agreement between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 1 contract

Samples: Change of Control Severance Agreement (BofI Holding, Inc.)

Remedy. Except as provided by the Act and this AgreementAct, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 1 contract

Samples: Employment Agreement (Xpeng Inc.)

Remedy. Except as provided by the Act and this Agreement, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will shall be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 1 contract

Samples: Linear Technology (Linear Technology Corp /Ca/)

Remedy. Except as provided by the Act and this AgreementRules, arbitration will shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. However, 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.

Appears in 1 contract

Samples: Richard Mott Employment Agreement (Kyphon Inc)

Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive and the -10- Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Gigamon Inc.)

Remedy. Except as provided by the Act JAMS rules and this Agreement, arbitration will shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act JAMS rules and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.. Notwithstanding anything to the contrary herein, the arbitrator will not have the authority to disregard or refuse to enforce any

Appears in 1 contract

Samples: Employment Agreement (ADC Therapeutics SA)

Remedy. Except as provided by the Act RULES and this Agreement, arbitration will shall be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and RULES or this Agreement, neither Executive nor the Company will be permitted to pursue or participate in a court action regarding claims that are subject to arbitration.

Appears in 1 contract

Samples: Employment Agreement (Nuance Communications, Inc.)

Remedy. Except as provided by the Act and this AgreementAct, arbitration will shall be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive 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 will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 1 contract

Samples: Employment Agreement (Intermedia Cloud Communications, Inc.)

Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration. 13.4.

Appears in 1 contract

Samples: Rocket Fuel Management Retention Agreement (Rocket Fuel Inc.)

Remedy. Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive 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 will not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.

Appears in 1 contract

Samples: Severance and Change in Control Agreement (Cyan Inc)

Remedy. Except as provided by the Act and this AgreementRules, arbitration will be the sole, exclusive, exclusive and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this AgreementRules, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

Appears in 1 contract

Samples: Employment Agreement (Iridex Corp)

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