In the event of any dispute arising under or involving any provision of this Agreement or any dispute regarding the employment of the undersigned employee (hereinafter referred to as "employee") with The Company, claims involving unlawful discrimination and/or unlawful harassment not arising out of the termination of employment, or the termination of employment (with the exception of claims for workers’ compensation, unemployment insurance and any wage and hour matter within the jurisdiction of the California Labor Commissioner), employee and The Company agree to submit any such dispute to binding arbitration pursuant to the provisions of the Federal Arbitration Act, 9 U.S.C. section 1, et seq., if applicable, or the provisions of Title 9 of Part III of the California Code of Civil Procedure, commencing at Section 1280 et seq. (or any successor or replacement statutes) if the Federal Arbitration Act does not apply to employee’s employment, within one year of the date the dispute first arose, or within one year of the termination of employment, whichever occurs first; provided, however, that if the employee’s claim arises under a statute providing for a longer time to file a claim, that statute shall govern.

If employee and The Company are unable to agree on a neutral arbitrator, The Company will obtain a list of arbitrators from the Federal or State Mediation and Conciliation Service. Employee (first) and then The Company will alternately strike names from the list until only one name remains; the remaining person shall be the arbitrator. Arbitration proceedings shall be held in California at a location mutually convenient to the employee and The Company

Following a hearing conducted by the arbitrator, in a manner to be determined as mutually agreed to by the parties and/or by the arbitrator, the arbitrator shall issue a written opinion and award, which shall be signed and dated. The arbitrator’s opinion and award shall decide all issues submitted and shall set forth the legal principles supporting each part of the opinion. The arbitrator shall be permitted to award only those remedies in law or equity which are requested by the parties and which the arbitrator determines to be supported by the credible, relevant evidence.

Employee and The Company agree that arbitration shall be the exclusive forum for resolving all disputes arising out of or involving the employee’s employment with The Company or the termination of that employment (with the exception of claims for workers’ compensation, unemployment insurance and any wage and hour matter within the jurisdiction of the California Labor Commissioner); provided, however, that either party may file a request with a court of competent jurisdiction for equitable relief, including but not limited to injunctive relief, pending resolution of any dispute through the arbitration procedure set forth herein. If The Company does not receive a written request for arbitration from the employee within one year from the date of the employee’s termination, the employee agrees that he/she will have waived any right to raise any claim, in any forum, arising out of the termination of employee’s employment.

Nothing in this agreement shall be construed as precluding any employee from filing a charge or complaint with the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB) or any other similar state or federal agency seeking administrative resolution of a dispute or claim. However, any claim that cannot be resolved administratively through such an agency shall be subject to this arbitration policy.

The employee and The Company shall each bear their own costs for legal representation at any such arbitration and the cost of the arbitrator, court reporter, if any, and any incidental costs of arbitration.

The employee and The Company hereby agree that nothing contained herein shall preclude either party from obtaining injunctive or other equitable relief to restrain violations of this agreement or applicable law or to preserve the status quo pending the arbitration of any disputes subject to this section.

Nothing contained herein shall be deemed to alter or modify The Company's policy of at-will employment. Employment at The Company is at-will and can be terminated by either the employee or The Company at any time, with or without cause or notice.

The employee and The Company hereby agree that this section shall survive the termination of the employee’s employment and shall survive the termination and/or expiration of this Agreement.

My signature below certifies that I understand and agree to the above arbitration agreement.