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pursuant to its Employment Arbitration Rules and Procedures and governed by Kansas law. The arbitration shall be
conducted by a single arbitrator selected by the Parties according to the rules of JAMS. If the Parties fail to agree on
the selection of the arbitrator within thirty (30) days after either the Participant or such Company’s request for
arbitration, the arbitrator will be chosen by JAMS. The arbitration proceeding shall commence on a mutually
agreeable date within ninety (90) days after the request for arbitration, unless otherwise agreed by the Parties, and in
the location where the Participant worked during the six (6) months immediately prior to the request for arbitration to
the extent such location is Kansas or Virginia, and if not, the location will be Kansas, unless the Parties agree
otherwise.
(b) Such Company shall reimburse the Participant for legal fees and expenses incurred in connection with a dispute
resolved under this Section 6.08. The arbitrator shall not have authority to award attorneys’ fees or costs to either of
the Parties in any manner not consistent with this Section 6.08(b).
(c) The arbitrator shall have no power or authority to make awards or orders granting relief that would not be available to
a party in a court of law. The arbitrator’s award is limited by and must comply with the terms of the Plan, including
without limitation, Section 6.02(d) and applicable federal, state, and local laws. The decision of the arbitrator shall be
final and binding on the Parties.
6.09 Continued Cooperation
(a) Following termination of the Participant’s employment, the Participant shall cooperate fully with the Corporation and
with the Corporation’s counsel in connection with any present and future actual or threatened litigation or
administrative proceeding involving any Company that relates to events, occurrences or conduct occurring (or
claimed to have occurred) during the period of the Participant’s employment by any Company. This cooperation by
the Participant will include, but not be limited to:
(i) making himself reasonably available for interviews and discussions with the Corporation’s counsel as well as
for depositions and trial testimony;
(ii) if depositions or trial testimony are to occur, making himself reasonably available and cooperating in the
preparation therefore as and to the extent that the Corporation or the Corporation’s counsel reasonably
requests;
(iii) refraining from impeding in any way the Corporation’s prosecution or defense of such litigation or
administrative proceeding; and
(iv) cooperating fully in the development and presentation of the Corporation’s prosecution or defense of such
litigation or administrative proceeding.
(b) The Participant will be reimbursed by the Corporation for reasonable travel, lodging, telephone and similar expenses,
as well as reasonable attorneys’ fees (if
CIC Severance Plan
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