{"id":39164,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/employment-agreement-fogdog-inc-and-brett-allsop.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"employment-agreement-fogdog-inc-and-brett-allsop","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/compensation\/employment-agreement-fogdog-inc-and-brett-allsop.html","title":{"rendered":"Employment Agreement &#8211; Fogdog Inc. and Brett Allsop"},"content":{"rendered":"<pre>\n                   AMENDED AND RESTATED EMPLOYMENT AGREEMENT\n\n          THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the \"Employment\nAgreement\"), dated as of this 5th day of April, 1999 is entered into by and\nbetween Fogdog, Inc. (formerly known as Cedro Group, Inc.) (the \"Company\"), and\nBrett Allsop (\"Executive\").  This Amended and Restated Employment Agreement\namends and restates the Employment Agreement between the Company and Executive\ndated as of June 12, 1998 and is effective as of October 24, 1998 (the\n\"Effective Date\").  In consideration of the mutual covenants and agreements\nhereinafter set forth, the parties agree as follows:\n\n          1.   EMPLOYMENT.\n               ---------- \n\n               1.1   Position. During the Employment Term (as hereinafter\n                     --------\ndefined) and subject to the terms and conditions set forth herein, the Company\nagrees to employ Executive as the president of its international division and\nremain as Chairman of the Board (A Company Officer), reporting directly to the\nCompany's Chief Executive Officer.\n\n               1.2   Duties. Executive shall diligently, and to the best of his\n                     ------ \nability, perform all such duties incident to his position and use his best\nefforts to promote the interests of the Company.\n\n               1.3   Time to be Devoted to Employment. During the Employment\n                     --------------------------------  \nTerm, Executive shall devote his full time and energy to the business of the\nCompany. Executive hereby represents that he is not a party to any agreement\nwhich would be an impediment to entering into this Employment Agreement and that\nhe is permitted to enter into this Employment Agreement and perform the\nobligations hereunder.\n\n          2.   COMPENSATION AND BENEFITS.\n               ------------------------- \n\n               2.1   Annual Salary. In consideration of and as compensation for\n                     -------------\nthe services agreed to be performed by Executive hereunder, the Company agrees\nto pay Executive a starting annual base salary of $105,000, payable in\naccordance with the Company's regular payroll schedule (\"Base Salary\"), less\napplicable withholdings and deductions. The Base Salary shall be increased to\n$120,000, less applicable withholdings and deductions, effective upon\nExecutive's relocation to the international office. The Base Salary will be\nsubject to change at the sole discretion of the Company's Board of Directors\n(the \"Board\"). Executive will receive a supplement to Base Salary to be\ndetermined by the Board upon relocation of Executive to the international office\nto compensate Executive for the higher cost of living abroad. Such supplement\nshall be effective upon relocation of Executive to the international office.\nThis supplement will be based upon the ORC Survey data annually provided by\nPrice WaterhouseCoopers.\n\n          The Company will also pay for tax and payroll (hypo) submissions.\nEmployee will continue to pay Hypothetical tax rates (including CA State Income\nTax) to the benefit of the company.  The company will account and pay for all US\nand UK filings and the actual taxes paid \n\n \nin those countries. The purpose is to maintain an equitable standard of living\nwithin the US and it is understood that the company may benefit from these\narrangements.\n\n               2.2   Bonus Plan. Executive will be eligible to receive an annual\n                     ----------\nbonus of up to 25% of his base salary in 1998. Effective in 1999, Executive will\nbe eligible to receive an annual bonus of up to 20% of base salary, upon\nachievement of objectives mutually determined by Executive and the Company's\nChief Executive Officer.\n\n               2.3   [RESERVED]  N\/A\n\n               2.4   Repurchase Right. Executive and the Company agree that the\n                     ----------------  \nCompany shall be permitted to purchase from Executive up to 173,333 shares\n(subject to adjustment for stock splits, dividends, recapitalizations and the\nlike) of the Company's Common Stock owned by Executive on the date hereof (the\n\"Shares\") at the Fair Market Value thereof if at any time during the Employment\nTerm Executive terminates this Employment Agreement pursuant to Section 4.1(iv)\nhereof (voluntary departure without Good Reason) (the \"Repurchase Right\"). The\nRepurchase Right shall lapse with respect to 1\/26th of the Shares at the end of\neach month of the Employment Term; provided, however, that the Repurchase Right\nshall lapse with respect to all of the Shares (a) immediately prior to an\ninitial public offering of the Company or the acquisition of the Company in a\nCorporate Transaction (as defined in Section 11.3.1 of the Plan), or (b) upon\ntermination of this Employment Agreement pursuant to Sections 4.1(i) (death) or\n4.1(ii) (disability) or 4.1(v) (by Executive for Good Reason). The Repurchase\nRight shall be exercisable by written notice delivered by the Company within\nthirty (30) days after Executive's termination of employment pursuant to Section\n4.1(iv). The notice shall indicate the date set for the closing of the\nrepurchase, which shall not be more than ten (10) business days after the end of\nthe thirty (30)-day exercise period, and at the closing the Company shall pay\nthe purchase price of the repurchased shares in cash, and the Executive shall\nconcurrently deliver the stock certificates for the repurchased shares, each\nduly-endorsed by him for transfer. If the Repurchase Right is not exercised\nduring such thirty (30)-day exercise period, the Repurchase Right shall lapse in\nits entirety. The Repurchase Right shall be assignable by the Company.\n\n          For purposes of this Employment Agreement, \"Fair Market Value\" shall\nmean the value of the Shares being repurchased hereunder based upon the exercise\nprice which the Board would then assign to incentive stock options granted under\nthe Plan.\n\n               2.5   Participation in Benefit Plans. During the Employment Term,\n                     ------------------------------  \nExecutive shall be entitled to participate in health, life and disability\ninsurance commensurate with all such benefit plans then offered to United States\nemployees, as determined by, and from time to time adopted by the Board. The\nCompany reserves the right to amend, modify or terminate any employee benefits\nat any time for any reason. Your portion of the cost will be determined at\nenrollment. Coverage for your spouse and\/or any dependents is available at\nadditional cost.\n\n               2.6   Reimbursement of Expenses. The Company shall reimburse\n                     -------------------------  \nExecutive for all reasonable management approved expenses including, a)\nprofessional and language development expenses such as classes and seminars, b)\nbusiness development expenses, such as travel and entertainment and cellular\ntelephone, and c) expenses incurred in \n\n                                       2\n\n \nsetting up office operations, such as rent for office space, telephone lines,\noffice supplies and equipment, printing, furniture, taxes, documentation,\ninsurance and fees.\n\n               2.7   Vacation. During the Employment Term, Executive will be\n                     -------- \nentitled to 19 days of paid vacation per annum, which may be carried over and\nused in any year during the Employment Term (plus four days for overseas time).\n\n               2.8   Relocation Expenses. Each year, Executive shall be\n                     -------------------                     \nreimbursed for the cost of two (2) round trip airline tickets, coach or\ncomparable class, for his immediate family for trips to the United States. The\nExecutive shall remain in the international office for the remainder of the\nEmployment Term. Company shall pay for all reasonable expenses for moving goods\noverseas comparable with moving expenses of employees posted overseas including\nshipping, package, storage, consulting, and insurance. Upon the expiration of\nthe Employment Term, the Company shall pay all relocation expenses and\ntransportation fees back to the United States should Executive so desire. The\nCompany shall pay all housing expenses for up to two (2) months upon arrival at\nthe international location in an executive apartment or hotel determined by the\nCompany. The Company shall pay for the cost of storage of Executive's\nfurnishings in the United States for the duration of the Employment Term. If he\ndecides to move back before the end of his term, he pays for the relocation.\n\n          Additionally, the Company will pay basic housing costs for Executive\nwhile overseas.  The housing that is chosen must be comparable (within reason)\nto current U.S. standards.  Executive agrees to pay the company $2300 per month,\nin semi-monthly deductions from payroll after the 2 month temporary housing\nallowance is over OR if permanent housing is found sooner.  Housing costs may\ninclude local taxes assessed (if any), but not utilities and insurance.\n\n               2.9   Automobile. If reasonably required for professional use, \n                     ----------  \nthe Company shall reimburse Executive for reasonable expenses of leasing and\ninsuring an automobile for Executive's use during the Employment Term.\n\n          3.   EMPLOYMENT TERM.\n               --------------- \n\n               3.1   Employment Term. The \"Employment Term\" means the period\n                     ---------------  \ncommencing on the Effective Date and terminating on the earlier of two years and\ntwo months from the Effective Date or as set forth in Section 4.1.\n\n               3.2   Notice of Renewal. At least sixty (60) days prior to the\n                     ----------------- \nnatural expiration of the period ending two years and two months from the\nEffective Date and sixty (60) days prior to each one year anniversary\nthereafter, if applicable, the Company shall give Executive written notice of\nwhether the Company will be seeking a one-year extension of Executive's services\nunder this Employment Agreement or subsequent one-year period, if applicable.\nUnless such notice indicates that there will be no extension, the terms of this\nEmployment Agreement (other than Section 2.4) shall be automatically renewed for\nsuccessive one-year periods. However, Executive's employment with the Company\nwill continue unless terminated by Executive or the Company as set forth in\nSection 4.1.\n\n                                       3\n\n \n          4.   TERMINATION OF EMPLOYMENT.\n               ------------------------- \n\n               4.1   Method of Termination. Executive's employment pursuant to\n                     ---------------------\nthis Employment Agreement and the Employment Term provided for herein shall\nterminate upon the first of the following to occur:\n\n                     (i)    Executive's death;\n\n                     (ii)   Date that written notice is deemed given or made by\nthe Company to Executive that as a result of any physical or mental injury or\ndisability, he is unable to perform the essential functions of his job, with or\nwithout reasonable accommodation. Such notice may be issued when the Board has\nreasonably determined that Executive has become unable to perform substantially\nhis services and duties hereunder with or without reasonable accommodation\nbecause of any physical or mental injury or disability, and that it is\nreasonably likely that he will not be able to resume substantially performing\nhis services and duties on substantially the terms and conditions as set forth\nin this Employment Agreement;\n\n                     (iii)  Date that written notice is deemed given or made by\nthe Company to Executive of termination for \"cause.\" For purposes of this\nEmployment Agreement, \"cause\" shall mean any one of the following:\n\n                            (A) Gross negligence or the repeated failure of\nExecutive, following the receipt of written notice from the Board of its\ndissatisfaction with Executive's performance, to perform his duties and\nresponsibilities to the reasonable satisfaction of the Board, or any breach by\nExecutive of his fiduciary duties to the Company or any material term of this\nEmployment Agreement. For purposes of this Employment Agreement, any act or acts\nor omission or omissions by Executive that have a material adverse effect on the\nCompany's operations, prospects, reputation or business shall be deemed to be a\nbreach of his duties and responsibilities to the Company; or\n\n                            (B) The conviction of Executive for a felony.\n\n                     (iv)   Date that written notice is deemed given or made by\nExecutive of his resignation or voluntary departure from the Company without\nGood Reason (as hereinafter defined); or\n\n                     (v)    Date that written notice is deemed given or made by\nExecutive of his resignation or voluntary departure from the Company for Good\nReason. For purposes of this Employment Agreement, \"Good Reason\" shall mean\nExecutive's resignation or departure by reason of:\n\n                            (A) a change in executive's position with the\n               Company which materially reduces Executive's level of\n               responsibilities or title; or\n\n                            (B) a material reduction in executive's level of\n               compensation (including base salary, fringe benefits and any\n               bonus award (unrelated to any executive officer-wide reduction to\n               save expenses)).\n\n                                       4\n\n \n                     (vi)   Date that written notice is deemed given or made by\nthe Company to executive of Executive's termination without \"cause.\"\n\n          Nothing herein alters Executive and the Company's separate right to\nterminate the employment relationship at any time, for any reason, with or\nwithout cause.\n\n               4.2   Effect of Termination for Cause, Executive's Resignation or\n                     -----------------------------------------------------------\nVoluntary Departure. Upon (i) the termination of Executive for cause; Executive\n-------------------\nwill not be entitled to any additional compensation or other rights or benefits\nfrom the Company; and, as a result, the Company shall be obligated to pay\nExecutive only that portion of his Base Salary that Executive has earned prior\nto the effective date of the termination of Executive's employment with the\nCompany. If executive resigns for any reason (ii), Executive will be entitled to\nhis then existing Base Salary for a period of thirteen (13) weeks from the date\nof termination, payable in accordance with the Company's regular payroll\nschedule. If it is deemed employee resigns for \"Good Reason\" (as defined above),\nemployee is entitled to twenty six (26) weeks from date of termination.\n\n               4.3   Effect of Executive's Death or Disability. Other than as \n                     -----------------------------------------     \nset forth in Section 2.4, upon Executive's departure pursuant to Section 4.1(i)\n(death) or 4.1(ii) (disability) of this Employment Agreement, Executive will not\nbe entitled to any additional compensation or other rights or benefits from the\nCompany; and, as a result, the Company shall be obligated to pay Executive only\nthat portion of his Base Salary that Executive has earned prior to the effective\ndate of the termination of Executive's employment with the Company.\n\n               4.4   Effect of Termination Without Cause. In the event the\n                     -----------------------------------\nCompany terminates Executive's employment with the Company without cause or the\nCompany's Repurchase Right shall lapse as set forth in Section 2.4, and\nExecutive will be entitled to his then existing Base Salary for a period of\ntwenty-six (26) weeks from the date of termination payable in accordance with\nthe Company's regular payroll schedule and the Company will also reimburse\nExecutive for his COBRA premiums to continue his medical insurance coverage\npursuant to COBRA for the period of twenty-six (26) weeks from the date of\ntermination. In addition, in the event the Company terminates Executive's\nemployment with the Company without cause, the Company will also pay all\nreasonable relocation expenses for return of Executive and his family to the\nUnited States\n\n               4.5   Resignation as an Officer and Director. In the event\n                     --------------------------------------  \nExecutive's employment with the Company terminates for any reason, Executive\nagrees to immediately resign as an officer and\/or director of the Company.\n\n          5.   CONFIDENTIAL INFORMATION AND COVENANT NOT TO COMPETE.\n               ---------------------------------------------------- \n\n               5.1   Executive understands that the Company and its affiliates\npossess Proprietary Information (as defined below) which is important to its\nbusiness and that this Employment Agreement creates a relationship of confidence\nand trust between Executive and the Company and its affiliates with regard to\nProprietary Information. Nothing in this Section 5 \n\n                                       5\n\n \nshall be deemed modified or terminated in the event of the termination or\nexpiration of this Employment Agreement.\n\n               5.2   For purposes of this Employment Agreement, \"Proprietary\nInformation\" is information that was or will be developed, created, or\ndiscovered by or on behalf of the Company and its affiliates and predecessors,\nor is developed, created or discovered by Executive while performing services\nunder this Employment Agreement, or which became or will become known by, or was\nor is conveyed to the Company and its affiliates which has commercial value in\nthe Company's and its affiliates' business. \"Proprietary Information\" includes,\nbut is not limited to, trade secrets, ideas, techniques, business, product, or\nfranchise development plans, customer information, franchisee information and\nany other information concerning the Company's and its affiliates' actual or\nanticipated business, development, personnel information, or which is received\nin confidence by or for the Company and its affiliates from any other person.\n\n               5.3   At all times, both during the term of this Employment\nAgreement and after its termination, Executive will keep in confidence and\ntrust, and will not use or disclose, any Proprietary Information without the\nprior written consent of the Board.\n\n               5.4   Executive understands that the Company and its affiliates\npossess or will possess \"Company Documents\" which are important to its business.\nFor purposes of this Employment Agreement, \"Company Documents\" are documents or\nother media that contain or embody Proprietary Information or any other\ninformation concerning the business, operations or plans of the Company and its\naffiliates, whether such documents have been prepared by Executive or by others.\n\"Company Documents\" include, but are not limited to, blueprints, drawings,\nphotographs, charts, graphs, notebooks, customer lists, computer disks,\npersonnel files, tapes or printouts and other printed, typewritten or\nhandwritten documents. All Company Documents are and shall remain the sole\nproperty of the Company. Executive agrees not to remove any Company Documents\nfrom the business premises of the Company or deliver any Company Documents to\nany person or entity outside the Company, except as required to do in connection\nwith performance of the services under this Employment Agreement. Executive\nfurther agrees that, immediately upon the Company's request and in any event\nupon completion of Executive's services, Executive shall deliver to the Company\nall Company Documents, apparatus, equipment and other physical property or any\nreproduction of such property.\n\n               5.5   During the term of this Employment Agreement and for one\nyear thereafter, Executive will not encourage or solicit any employee of the\nCompany or any affiliate to leave the Company or any affiliate for any reason.\n\n               5.6   Non-Competition. During the Employment Term, Executive \n                     ---------------\nshall not directly or indirectly:\n\n                     (i)  own, manage, operate, join, control or participate in\nthe ownership, management, operation or control of, or be employed by or\nconnected in any manner with, any enterprise which is engaged in any business\ncompetitive with that which the Company is at the time conducting or proposing\nto conduct; provided, however, that such restriction shall not apply to any\npassive investment representing an interest of less than two percent (2%) of an\n\n                                       6\n\n \noutstanding class of publicly traded securities of any corporation or other\nenterprise which is not, at the time of such investment, engaged in a business\ngeographically competitive with the Company's business; or\n\n                     (ii) encourage or solicit any Company employee to leave the\nCompany's employ for any reason or interfere in any material manner with\nemployment relationships at the time existing between the Company and its\ncurrent employees, except as may be required in any bona fide termination\ndecision regarding any Company employee.\n\n               5.7   Executive acknowledges that the specialized nature of his\nknowledge of the Company's Proprietary Information, trade secrets and other\nintellectual property are such that a breach of his covenant not to compete or\nconfidentiality obligations contained in this Section 5 of this Employment\nAgreement would necessarily and inevitably result in a disclosure,\nmisappropriation and misuse of such Proprietary Information, trade secrets and\nother intellectual property. Accordingly, Executive acknowledges and agrees that\nsuch a breach would inflict unique and irreparable harm upon the Company and\nthat the Company shall be entitled, in addition to its other rights and\navailable remedies, to enforce, by injunction or decree of specific performance,\nExecutive's obligations set forth herein.\n\n          6.   RESTRICTIVE COVENANT.\n               -------------------- \n\n     During the Employment Term:\n\n               6.1   Executive shall devote substantially all of his time and\nenergy to the performance of Executive's duties described herein, except during\nperiods of illness or vacation periods.\n\n               6.2   Executive shall not directly or indirectly provide services\nto or through any person, firm or other entity except the Company, unless\notherwise authorized by the Company in writing.\n\n               6.3   Executive shall not render any services of any kind or\ncharacter for Executive's own account or for any other person, firm or entity\nwithout first obtaining the Company's written consent.\n\n               6.4   Notwithstanding the foregoing, Executive shall have the\nright to perform such incidental services as are necessary in connection with\n(i) his private passive investments, but only if Executive is not obligated or\nrequired to (and shall not in fact) devote any managerial efforts which\ninterfere with the services required to be performed by him hereunder, (ii) his\ncharitable or community activities or (iii) participation in trade or\nprofessional organizations, but only if such incidental services do not\nsignificantly interfere with the performance of Executive's services hereunder.\n\n          7.   MISCELLANEOUS.\n               ------------- \n\n               7.1   Notices. All notices, demands and requests required by this\n                     -------\nEmployment Agreement should be in writing and shall be deemed to have been given\nor made \n\n                                       7\n\n \nfor all purposes (i) upon personal delivery, (ii) one day after being sent, when\nsent by professional overnight courier service, (iii) five days after posting\nwhen sent by registered or certified mail, or (iv) on the date of transmission\nwhen sent by telegraph, telegram, telex, or other form of \"hard copy\"\ntransmission, to either party hereto at the address set forth below or at such\nother address as either party may designate by notice pursuant to this Section\n7.\n\n                     If to the Company, to:\n\n                     Tim Harrington\n                     Fogdog, Inc.\n                     3031 Tisch Way\n                     100 Plaza East\n                     San Jose, CA 95128\n\n                     And a Copy to:\n\n                     Warren Lazarow, Esq.\n                     Brobeck, Phleger &amp; Harrison LLP\n                     Two Embarcadero Place\n                     2200 Geng Road\n                     Palo Alto, CA 94303\n\n                     If to Executive, to:\n\n                     Brett Allsop\n                     936 Scott Street\n                     Palo Alto, CA 94301\n\n               7.2   Assignment. This Employment Agreement shall be binding on,\n                     ----------\nand shall inure to the benefit of, the parties hereto and their respective\nheirs, legal representatives, successors and assigns; provided, however, the\nExecutive may not assign, transfer or delegate his rights or obligations\nhereunder and any attempt to do so shall be void.\n\n               7.3   Deductions. All amounts paid to Executive hereunder are\n                     ----------\nsubject to all withholdings and deductions required by law, as authorized under\nthis Employment Agreement, and as authorized from time to time.\n\n               7.4   Entire Agreement. This Employment Agreement contains the\n                     ----------------\nentire agreement of the parties with respect to the subject matter hereof.\n\n               7.5   Amendment. This Employment Agreement may be modified or\n                     ---------  \namended only by a written agreement signed by the Board and Executive.\n\n               7.6   Waivers. No Waiver of any term or provision of this\n                     ------- \nEmployment Agreement will be valid unless such waiver is in writing signed by\nthe party against whom enforcement of the waiver is sought. The waiver of any\nterm or provision of this Employment Agreement shall not apply to any subsequent\nbreach of this Employment Agreement.\n\n                                       8\n\n \n               7.7   Counterparts. This Employment Agreement may be executed in\n                     ------------   \nseveral counterparts, each of which shall be deemed an original, but together\nthey shall constitute one and the same instrument.\n\n               7.8   Severability. The provisions of the Employment Agreement\n                     ------------\nshall be deemed severable, and if any part of any provision is held illegal,\nvoid or invalid under applicable law, such provision may be changed to the\nextent reasonably necessary to make the provision, as so changed, legal, valid\nand binding. If any provision of the Employment Agreement is held illegal, void\nor invalid in its entirety, the remaining provisions of this Employment\nAgreement shall not in any way be affected or impaired but shall remain binding\nin accordance with their terms.\n\n               7.9   Governing Law. THIS EMPLOYMENT AGREEMENT AND THE RIGHTS AND\n                     -------------\nOBLIGATIONS OF THE COMPANY AND EXECUTIVE HEREUNDER SHALL BE DETERMINED UNDER,\nGOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA\nAS APPLIED TO AGREEMENTS AMONG CALIFORNIA RESIDENTS ENTERED INTO AND TO BE\nPERFORMED ENTIRELY WITHIN CALIFORNIA.\n\n               7.10  Arbitration. The Executive understands and agrees that, as\n                     -----------\na condition of his employment with the Company, any and all disputes that the\nExecutive may have with the Company, or any of its employees, officers,\ndirectors, agents or assigns, which arise out of the Executive's employment or\ninvestment or compensation shall be resolved through final and binding\narbitration, as specified in this Employment Agreement. This shall include,\nwithout limitation, any controversy, claim or dispute of any kind, including\ndisputes relating to any employment by the Company or the termination thereof,\nclaims for breach of contract or breach of the covenant of good faith and fair\ndealing, infliction of emotional distress, defamation and any claims of\ndiscrimination, harassment or other claims under Title VII of the Civil Rights\nAct of 1964, the Age Discrimination in Employment Act, the Americans With\nDisabilities Act, the Employee Retirement Income Securities Act, or any other\nfederal, state or local law or regulation now in existence or hereinafter\nenacted and as amended from time to time concerning in any way the subject of\nthe Executive's employment with the Company or its termination. The only claims\nnot covered by this Employment Agreement are claims for benefits under the\nunemployment insurance or workers' compensation laws, and any claims pursuant to\nparagraph 5 of this Employment Agreement which will be resolved pursuant to\nthose laws. Any disputes and\/or claims covered by this Employment Agreement\nshall be submitted to final and binding arbitration to be conducted in Santa\nClara County, California, in accordance with the rules and regulations of the\nAmerican Arbitration Association. The Executive and the Company will split the\ncost of the arbitration filing and hearing fees and the cost of the arbitrator,\nprovided that the arbitrator will have authority to award these fees to the\nprevailing party. Each side will bear its own attorneys' fees, provided that the\narbitrator will have authority to award attorneys' fees to the prevailing party\nunless a statutory section at issue in the dispute authorizes the award of\nattorneys' fees, in which case the arbitrator has authority to make such award\nas permitted by the statute in question. The arbitration shall be instead of any\ncivil litigation; this means that the Executive is waiving any right to a jury\ntrial, and that the arbitrator's decision shall be final and \n\n                                       9\n\n \nbinding to the fullest extent permitted by law and enforceable by any court\nhaving jurisdiction thereof.\n\n     IN WITNESS WHEREOF, the parties hereto have executed this Employment\nAgreement as of the date first above written.\n\n                              \"COMPANY\"\n                              Fogdog, Inc.\n\n\n                              By: \/s\/ Tim Harrington\n                                 ------------------------------------\n                              Name:   Tim Harrington\n                              Title:  Chief Executive Officer\n\n\n                              \"EXECUTIVE\"\n\n\n                              \/s\/ Brett Allsop\n                              ---------------------------------------\n                              Brett Allsop\n\n                                       10\n\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7560],"corporate_contracts_industries":[9494],"corporate_contracts_types":[9539,9544],"class_list":["post-39164","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-fogdog-inc","corporate_contracts_industries-retail__clothing","corporate_contracts_types-compensation","corporate_contracts_types-compensation__employment"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/39164","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=39164"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=39164"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=39164"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=39164"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}