AGREEMENT TO ARBITRATE CLAIMS BETWEEN EMPLOYER AND EMPLOYEE
Employee recognizes that differences may arise between NEXTERUS INC. (''the Company'') and Employee during or following Employee’s employment with the Company and that those differences may or may not be related to Employee’s employment. Employee understands that, by entering into this Agreement, Employee anticipates gaining the benefits of a speedy dispute-resolution procedure. Employee understands that any reference in this Agreement to the Company will be a reference also to all subsidiary and affiliated entities, all benefit plans, the benefit plans' sponsors, fiduciaries, administrators of the Company, and all successors and assigns of any of them.
The Company and Employee mutually consent to the resolution by common law arbitration of all claims or controversies (''claims''), whether or not arising out of Employee’s employment (or its termination), that the Company may have against Employee or that Employee may have against the Company. The claims covered by this Agreement include, but are not limited to, claims for wages or other compensation due; claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination (including, but not limited to, race, sex, religion, national origin, age, marital status, or medical condition, handicap or disability); claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one), and claims for violation of any federal, state, or other governmental law, statute, regulation, or ordinance, except claims excluded in the following paragraph.
Claims that Employee may have for workers' compensation or unemployment compensation benefits are not covered by this Agreement. Also not covered by this Agreement are claims by the Company for injunctive or other equitable relief for unfair competition or the use or unauthorized disclosure of trade secrets or confidential information, as to which Employee understands and agrees that the Company may seek and obtain relief from a court of competent jurisdiction.
The Company and Employee agree that the aggrieved party must give written notice of claims and file for arbitration of claims within one (1) year of the date that the aggrieved party first has knowledge of the event giving rise to any of the claims; unless there is a federal or state statute of limitations which provides a different period of time in which to pursue any of such claims. Arbitration shall be conducted in York, Pennsylvania in accordance with the then current NATIONAL RULES FOR THE RESOLUTION OF EMPLOYMENT DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION. Written notice of claims against the Company shall be sent to President, NEXTERUS INC., INC, 802 Far Hills Drive, New Freedom, Pennsylvania 17349. Written notice of claims against Employee shall be sent to the last address of Employee recorded in Employee’s personnel file. The notice shall be sent to the other party by certified or registered mail, return receipt requested.
The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement. The arbitration shall be final and binding upon the parties.
This Agreement to Arbitrate shall survive the termination of Employee’s employment. The Agreement can only be revoked or modified in writing by both Employee and the Company. This is the complete agreement of the parties on the subject of arbitration of disputes. This Agreement supersedes any prior or contemporaneous oral or written understanding on the subject. No party is relying on any representations, oral or written, on the subject of the effect, enforceability or meaning of this Agreement, except as specifically set forth in this Agreement. If any provision of this Agreement is adjudged to be void or otherwise unenforceable, in whole or in part, such adjudication shall not affect the validity of the remainder of the Agreement. The promises by the Company and by Employee to arbitrate differences, rather than litigate them before courts or other bodies, provide consideration for each other.
THIS AGREEMENT IS NOT, AND SHALL NOT BE CONSTRUED TO CREATE, ANY CONTRACT OF EMPLOYMENT, EXPRESS OR IMPLIED. THIS AGREEMENT DOES NOT IN ANY WAY ALTER THE ''AT-WILL'' STATUS OF EMPLOYEE’S EMPLOYMENT. EMPLOYEE SPECIFICALLY ACKNOWLEDGES THAT EMPLOYEE HAS CAREFULLY READ THIS AGREEMENT, THAT EMPLOYEE UNDERSTANDS ITS TERMS, THAT ALL UNDERSTANDINGS AND AGREEMENTS BETWEEN THE COMPANY AND EMPLOYEE RELATING TO THE SUBJECTS COVERED IN THE AGREEMENT ARE CONTAINED IN IT, AND THAT EMPLOYEE HAS ENTERED INTO THE AGREEMENT VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS BY THE COMPANY OTHER THAN THOSE CONTAINED IN THIS AGREEMENT ITSELF.
