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UPSTREAM INTERNATIONAL, LLC (“Upstream”)
ARBITRATION PROVISION IN
INDEPENDENT CONTRACTOR AGREEMENT
Mandatory Arbitration of Claims: Arbitration shall be administered under the laws of the American Arbitration Association (“AAA”) in accordance with the AAA’s Rules in effect at the time the arbitration is commenced. This Agreement to arbitrate covers all grievances, disputes, claims, or causes of action arising out of or in any way related to the parties’ working relationship or termination of that relationship, including this Agreement, that otherwise could be brought in a federal, state or local court or agency under applicable federal, state or local laws, arising out of or relating to contractor's working relationship with Upstream and the termination thereof, including claims contractor may have against Upstream or against its clients, including, but not limited to, Pioneer Natural Resources Company and its affiliated or related entities and their officers, directors, supervisors, managers, employees, or agents in their capacity as such or otherwise (together referred to in this Agreement as “Pioneer”), or that Upstream, Pioneer or its clients may have against contractor. The term “client” in this Agreement includes, without limitation, any person or entity Upstream is or has been engaged in any business or provided any service. The parties hereto agree that Pioneer and clients are intended to be third party beneficiaries of this Agreement to arbitrate. The claims covered by this Agreement include, but are not limited to, claims for breach of any contract or covenant (express or implied), tort claims, personal injury claims, claims for wages, overtime or other compensation due, claims for wrongful termination (constructive or actual), claims for joint employment, claims for discrimination or harassment (including, but not limited to, harassment or discrimination based on race, age, color, sex, gender, national origin, alien age or citizenship status, creed, religion, marital status, partnership status, military status, predisposing genetic characteristics, medical condition, psychological condition, mental condition, criminal accusations and convictions, disability, sexual orientation, or any other trait or characteristic protected by federal, state or local law), and claims for violation of any federal, state, local or other governmental law, statute, regulation, or ordinance. The arbitrator shall have sole authority to rule on his/her own jurisdiction, including any challenges or obligations with respect to the existence, applicability, scope, enforceability, construction, validity and interpretation of this Agreement and the arbitration provisions contained herein.
Contractor and Upstream and any clients, including Pioneer, expressly intend and agree that: (a) each shall not assert class, collective or representative action procedures, nor will they apply, in any arbitration pursuant to this Agreement or other proceeding; (b) each will not assert class, collective or representative action claims against the other in arbitration or otherwise; (c) each shall not proceed with any claims or disputes as a member of a collective or class action, or participate in any manner in a class or collective action, whether as a named Plaintiff, as an opt-in or in any representative capacity; (d) contractor and Upstream and any clients shall only submit their own, individual claims in arbitration, and will not seek to represent the interests of any other person; and (e) any arbitration shall be with a single arbitrator, with each party bearing its or their own costs with no right of recovery of attorneys’ fees except as expressly provided by statute.
Contractor and Upstream and any clients, including Pioneer, expressly intend and agree that any claims by contractor will not be joined, consolidated or heard together with claims of any other contractor, and expressly waive the right to commence, be a party to, or a class member of any group, collective or class action filed in any court, arbitration or any other forum. This waiver includes, but is not limited to, any claims for wages, overtime, damages, attorneys’ fees or other relief in a collective manner pursuant to 29 USC 216(b) of the Fair Labor Standards Act or class or collective action pursuant to an applicable state statute. Further, the Arbitrator shall not have the authority to join or consolidate the disputes of others into a proceeding originally filed by another individual or entity. The arbitrator may only hear a dispute brought by one individual party and does not have the authority to (i) fashion a proceeding as a class or collective action of any kind, or (ii) award relief to a group or class of any kind or other individuals in one arbitration proceeding.
Any arbitral award determination shall be final and binding upon the parties. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If any provision of this Agreement to arbitrate is adjudged to be void or otherwise unenforceable, in whole or in part, the void or unenforceable provision shall be severed and such adjudication shall not affect the validity of the remainder of this Agreement to arbitrate. This Agreement to arbitrate shall survive the termination of contractor's working relationship with Upstream and assignment to its clients, including, but not limited to, Pioneer.
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