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This excerpt taken from the AKS 8-K filed Oct 22, 2008. Arbitration. Each
Participant who is granted an Award hereunder agrees as a condition of the Award
to submit to binding arbitration any dispute regarding the Plan or any Award
made under the Plan, including by way of illustration and not limitation, any
decision of the Committee or any action of the Company respecting the
Plan. Such arbitration shall be held in accordance with the rules of
the American Arbitration Association before an arbitrator selected by the
Company and acceptable to the Participant. If the Participant objects
to the appointment of the arbitrator selected by the Company, and the Company
does not appoint an arbitrator acceptable to the Participant, then the Company
and the Participant shall each select an arbitrator and those two arbitrators
shall collectively appoint a third arbitrator who shall alone hear and resolve
the dispute. The Company and the Participant shall share equally the
cost of arbitration. No Company agreement of indemnity, whether under
the Articles of Incorporation, the By-Laws or otherwise, and no insurance
purchased by the Company shall apply to pay or reimburse any Participant’s costs
of arbitration.
Article
4. Shares Subject to Grant Under the Plan.
This excerpt taken from the AKS 10-K filed Mar 2, 2006. 12. Arbitration. Any dispute under this Plan shall be submitted to binding arbitration subject to the rules of the American Arbitration Association before an arbitrator selected by the Company and acceptable to the Plan Member. If the Plan Member objects to the appointment of the arbitrator selected by the Company, and the Company does not appoint an arbitrator acceptable to the Plan Member, then the Company and the Plan Member shall each select an arbitrator and those two arbitrators shall collectively appoint a third arbitrator who shall alone hear and resolve the dispute. The Company and the Plan Member shall share equally the costs of arbitration. No Company agreement of indemnity, whether under its Articles of Incorporation, the bylaws or otherwise, and no insurance by the Company, shall apply to pay or reimburse any Plan Member’s costs of arbitration, including attorneys’ fees. This excerpt taken from the AKS DEF 14A filed Apr 22, 2005. 12. Arbitration.
Any dispute under this Plan shall be submitted to binding arbitration subject to the rules of the American Arbitration Association before an arbitrator selected by the Company and acceptable to the Plan Member. If the Plan Member objects to the appointment of the arbitrator selected by the Company, and the Company does not appoint an arbitrator acceptable to the Plan Member, then the Company and the Plan Member shall each select an arbitrator and those two arbitrators shall collectively appoint a third arbitrator who shall alone hear and resolve the dispute. The Company and the Plan Member shall share equally the costs of arbitration. No Company agreement of indemnity, whether under its Articles of Incorporation, the bylaws or otherwise, and no insurance by the Company, shall apply to pay or reimburse any Plan Member’s costs of arbitration, including attorneys’ fees.
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