ARBITRATION AGREEMENT
Except for claims for injunctive relief relating to trade secrets, claims brought under the National Labor Relations Act, which are brought before the National Labor Relations Board, and claims for medical and disability benefits under the state's Workers' Compensation Act, I agree that any claim, dispute, or controversy which would otherwise require or allow resort to any court or other governmental dispute resolution forum (including, but not limited to any and all claims of discrimination and harassment), between myself and the Soave Automotive Group to include Aristocrat Motors, and Mercedes Benz of Kansas City (including their respective owners, directors, and officers, employees, agents, and parties affiliated with its employee benefit and health plans, collectively, “the Company”) arising from, related to, or having any relationship or connection whatsoever with my seeking employment with, employment by, or other association with, the Company, whether based on tort, contract, statutory, or otherwise shall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act, in conformity with the procedures of the Uniform Arbitration Act; provided, however, that: In addition to requirements imposed by law, any arbitrator herein shall be a retired Judge and shall be subject to disqualification on the same grounds as would apply to a judge of such court. Moreover, all rules of discovery, pleading (including the right of dismissal and summary judgment), evidence and all rights to resolution of the dispute by means of motions for summary judgment and judgment on the pleadings in Federal District Court shall apply.
I further acknowledge and agree that my position involves interstate commerce. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pled, and the arbitrator may not invoke any basis (including, but not limited to, notions of "just cause") other than such controlling law. As reasonably required to allow full use and benefit of this agreement's modifications to the Act's procedures, the arbitrator shall extend the times set by the Act for the giving of notices and setting of hearings. Awards shall include the arbitrator's written reasoned opinion and, at either party's written request within 10 days after issuance of the award, shall be subject to reversal and remand, modification or reduction following review of the record and arguments of the parties by a second arbitrator who shall, as far as practicable, proceed according to the law and procedures applicable to appellate review by the state Court of Appeals of a civil judgment following court trial. Should any portion, word, clause, phrase, sentence or paragraph of this Agreement be declared void or unenforceable, such portion shall be considered independent and severable from the remainder, the validity of which shall remain unaffected. I understand by agreeing to this binding arbitration provision, both I and the Company give up our rights to trial by jury.
I hereby acknowledge that I have read the above statements and understand the same. THIS DOCUMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
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