DSW 2014 Annual Report Download - page 102

terms, conditions or termination of this Agreement or the terms, conditions or termination of Executive’s employment with the
Group and with each Group Member, including any claims for any tort, breach of contract, violation of public policy or
discrimination, whether such claim arises under federal or state law.
 . The Executive expressly understands and agrees that claims subject to arbitration under this section
include asserted violations of the Employee Retirement and Income Security Act of 1974; the Age Discrimination in
Employment Act; the Older Worker’s Benefit Protection Act; the Americans with Disabilities Act; Title VII of the Civil Rights
Act of 1964 (as amended); the Family and Medical Leave Act; any law prohibiting discrimination, harassment or retaliation in
employment; any claim of promissory estoppel or detrimental reliance, defamation, intentional infliction of emotional distress; or
the public policy of any state, or any federal, state or local law.
 . The Parties intend that any arbitration award relating to any matter described in Section 6.00 will
be final and binding on them and that a judgment on the award may be entered in any court of competent jurisdiction, and
enforcement may be had according to the terms of that award. This section will survive the termination or expiration of this
Agreement.
 . Arbitration will be held in Columbus, Ohio, and will be conducted by a retired federal judge or
other qualified arbitrator. The arbitrator will be mutually agreed upon by the Parties and the arbitration will be conducted in
accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association. The
Parties will have the right to conduct discovery pursuant to the Federal Rules of Civil Procedure; provided, however, that the
arbitrator will have the authority to establish an expedited discovery schedule and cutoff and to resolve any discovery disputes.
The arbitrator will have no jurisdiction or authority to change any provision of this Agreement by alterations of, additions to or
subtractions from the terms of this Agreement. The arbitrator’s sole authority will be to interpret or apply any provision(s) of this
Agreement or any public law alleged to have been violated. The arbitrator will be limited to awarding compensatory damages,
including unpaid wages or benefits, but, to the extent allowed by law, will have no authority to award punitive, exemplary or
similar-type damages.
 . Any claim or controversy not sought to be submitted to arbitration, in writing, within
120 days of the date the Party asserting the claim knew, or through reasonable diligence should have known, of the facts giving
rise to that Party’s claim, will be deemed waived and the Party asserting the claim will have no further right to seek arbitration or
recovery with respect to that claim or controversy. Both Parties agree to strictly comply with the time limitation specified in
Section 6.00. For purposes of this section, a claim or controversy is sought to be submitted to arbitration on the date the
complaining Party gives written notice to the other that  an issue has arisen or is likely to arise that, unless resolved otherwise,
may be resolved through arbitration under Section 6.00 and  unless the issue is resolved otherwise, the complaining Party
intends to submit the matter to arbitration under the terms of Section 6.00.
 . The Company will bear the arbitrator’s fee and other costs associated with any arbitration, unless
the arbitrator, acting under Federal Rule of Civil Procedure 54(b), elects to award these fees to the Company.
9 Initials: /s/MM Date:4/28/2014
Source: DSW Inc., 10-K, March 26, 2015 Powered by Morningstar® Document Research℠
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