National Grid 2008 Annual Report Download - page 446

BOWNE INTEGRATED TYPESETTING SYSTEM
CRC: 13065
Name: NATIONAL GRID
Date: 17-JUN-2008 03:10:51.35Operator: BNY99999TPhone: [phone]Site: BOWNE OF NEW YORK
Y59930.SUB, DocName: EX-4.C.8, Doc: 9, Page: 20
Description: EXH 4(C).8
0/2856.00.00.00Y59930BNY
[E/O] EDGAR 2 *Y59930/856/2*
BOWNE INTEGRATED TYPESETTING SYSTEM
CRC: 13065
Name: NATIONAL GRID
Date: 17-JUN-2008 03:10:51.35Operator: BNY99999TPhone: [phone]Site: BOWNE OF NEW YORK
Y59930.SUB, DocName: EX-4.C.8, Doc: 9, Page: 20 Description: EXH 4(C).8
0/2856.00.00.00Y59930BNY
[E/O] EDGAR 2 *Y59930/856/2*
19
a
g
ree not to request any such award), (iv) the optional Rules for Emer
g
ency Measures of Protections will apply,
(v) there will be no authority to amend or modify the terms of this A
g
reement except as provided in clause 20.2 (and the
Executive and the Company a
g
ree not to request any such amendment or modification), (vi) an award must be
rendered within ten business days of the parties’ closing statements or submission of post-hearin
g
briefs and (vii) the
arbitration will be conducted before a panel of three arbitrators, one selected by the Executive within 10 days of the
commencement of the notice of arbitration, one selected by the Company in the same period and the third selected
j
ointly by these arbitrators (or, if they are unable to a
g
ree on an arbitrator within 30 days of the commencement of
arbitration, the third arbitrator will be appointed by the American Arbitration Association; provided that the arbitrator shall
be a partner or former partner at a nationally recognized law firm who is experienced in employment matters).
19.2 Injunctions and Enforcement of Arbitration Awards. The Executive or the Company may brin
g
an action or special
proceedin
g
in a state or federal court of competent jurisdiction sittin
g
in the County of New York to enforce any
arbitration award under clause 19.1. Also, the Company may brin
g
such an action or proceedin
g
, in addition to its ri
g
hts
under clause 9 or 13 and whether or not an arbitration proceedin
g
has been or is ever initiated, to temporarily,
preliminarily or permanently enforce any part of clause 9 or 13. The Executive a
g
rees that (i) violatin
g
any part of clause
9 or 13 would cause dama
g
e to the Group that cannot be measured or repaired, (ii) the Company therefore is entitled to
an injunction, restrainin
g
order or other equitable relief restrainin
g
any actual or threatened violation of clause 9 or 13,
(iii) no bond will need to be posted for the Company to receive such an injunction, order or other relief and (iv) no proof
will be required that monetary dama
g
es for violations of clause 9 or 13 would be difficult to calculate and that remedies
at law would be inadequate.
19.3 Jurisdiction and Choice of Forum. The Executive and the Company irrevocably submit to the exclusive jurisdiction of
any state or federal court located in the County of New York over any Employment Matter that is not otherwise
arbitrated or resolved accordin
g
to clause 19.1. This includes any action or proceedin
g
to compel arbitration or to
enforce an arbitration award. Both the Executive and the Company (i) acknowled
g
e that the forum stated in this clause
19.3 has a reasonable relation to this A
g
reement and to the relationship between the Executive and the Company and
that the submission to the forum will apply even if the forum chooses to apply non-forum law, (ii) waive, to the extent
permitted by law, any objection to personal jurisdiction or to the laying of venue of any action or proceeding