(e) As may be required by applicable law or regulation, or pursuant to a valid legal process
(e.g., a subpoena, order of a court of competent jurisdiction, or authorized governmental agency), provided that Executive notify the Company upon receiving or becoming aware of the legal process in question so that the Company may have the
opportunity to respond or seek a protective or other order to restrict or prevent such disclosure, and such disclosure does not exceed the scope of disclosure required by such law, regulation or legal process. This subsection (e) applies to
situations not covered by the protections above and does not, in any way, impose prior notice requirements, or restrict or impede Executive from exercising protected rights described above or as provided by law.
11. ARBITRATION
(a)
Generally. Executive and the Company hereby agree that any dispute, controversy, or claim arising out of or relating to this Agreement, the employment relationship between Executive and the Company or the termination thereof or the
arbitrability of any controversy or claim, will be finally settled by confidential and binding arbitration. Such arbitration shall be conducted in accordance with the Arbitration Rules of the American Arbitration
Association. Notwithstanding this Section 11(a), the Company may seek a restraining order, specific performance, injunctive and/or equitable relief from any court of appropriate jurisdiction and this arbitration requirement will not apply
to that proceeding. The arbitration provisions in this Section will apply to any dispute between Executive and the Company, in lieu of the Companys otherwise applicable Employee Dispute Resolution Program.
(b) Binding Effect. The decision of the arbitrator on the points in dispute will be final, conclusive, unappealable and binding, and
judgment on the award may be entered in any court having jurisdiction thereof. Executive, the Company and NOV agree that this Section 11 has been adopted by Executive, the Company and NOV to rapidly and inexpensively resolve any disputes
between them and that this Section 11 will be grounds for dismissal of any court action commenced by either party arising out of or relating to this Agreement, the employment relationship between Executive and the Company or the termination
thereof or the arbitrability of any controversy or claim, other than post-arbitration actions by either party seeking to enforce an arbitration award. In the event that any court determines that this arbitration procedure is not binding, or
otherwise allows any litigation regarding a dispute, claim, or controversy covered by this Agreement to proceed, Executive, the Company and NOV hereby waive any and all right to a trial by jury in or with respect to such litigation.
(c) Fees and Expenses. The fees and expenses of the arbitrator will be borne equally by each party, and each party will bear the fees and
expenses of its own attorney; provided, however, that if the decision of the arbitrator was decided substantially in favor of Executive, the decision of the arbitrator shall direct that the Company (i) shall bear the fees and expenses of the
arbitrator (and, if Executive has previously paid any of the fees and expenses of the arbitrator, that the Company shall reimburse Executive for such fees and expenses), and (ii) shall reimburse Executive for reasonable attorneys fees and
related expenses incurred in connection with the arbitration.
(d) Confidentiality. Executive, the Company and NOV, their respective
attorneys, and any experts retained by the parties for the purposes of the arbitration will keep confidential and will not disclose to any person, except as may be required by law, the existence of or any details concerning any controversy under
this Section 11, the referral of any such controversy to arbitration or the allegations, status or resolution thereof.
(e)
Waiver. Executive acknowledges that this agreement to submit to arbitration includes all controversies or claims of any kind (e.g., whether in contract or in tort, statutory or common law, legal or equitable) now existing or hereafter arising
under any federal, state, local or foreign law, including, but not limited to, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1966, the Employee Retirement Income Security Act, the Family
and Medical Leave Act, the Americans With Disabilities Act and all similar federal, state and local laws, and, Executive hereby waives all rights thereunder to have a judicial tribunal and/or a jury determine such claims.
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