Avnet 2013 Annual Report Download - page 100

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claim; otherwise the claim shall be void and deemed waived even if there is a federal or state statute of limitations which
would have given more time to pursue the claim.
Written notice to the Company, or its officers, directors, employees or agents, shall be sent to its President at the
Company's then-current address. I will be given written notice at the last address recorded in my personnel file.
The written notice shall identify and describe the nature of all claims asserted and the facts upon which such claims are
based. The notice shall be sent to the other party by certified or registered mail, return receipt requested.
DISCOVERY
Each party shall have the right to take the deposition of one individual and any expert witness designated by another
party. Each party also shall have the right to propound requests for production of documents to any party. Additional
discovery may be had only where
the panel of arbitrators selected pursuant to this Agreement so orders, upon a showing
of substantial need.
At least thirty (30) days before the arbitration, the parties must exchange lists of witnesses, including any expert, and
copies of all exhibits intended to be used at the arbitration.
SUBPOENAS
Each party shall have the right to subpoena witnesses and documents for the arbitration.
ARBITRATION PROCEDURES
The Company and I agree that, except as provided in this Agreement, any arbitration shall be in accordance with the
then-
current Model Employment Arbitration Procedures of the American Arbitration Association ("AAA") before a
panel of three arbitrators who are licensed to practice law in the state where the arbitration is to take place ("the Panel").
The arbitration shall take place in or near the city in which I am or was last employed by the Company.
The Panel shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or
federal law, or both, as applicable to the claim(s) asserted: The Federal Rules of Evidence shall apply. The Panel, and
not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the
interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all
or any part of this Agreement is void or voidable. The Panel shall render an award and opinion in the form typically
rendered in labor arbitrations. The arbitration shall be final and binding upon the parties.
The Panel shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-
hearing
conferences by telephone or in person, as the Panel deems necessary. The Panel shall have the authority to entertain a
motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such
motions under the Federal Rules of Civil Procedure.
Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of
proceedings.