Bed Bath & Beyond Inc. is an American chain of domestic merchandise retail stores in the United States, Puerto Rico, Canada
Disputes. Except as otherwise expressly provided in this agreement, any dispute arising under or in connection with this agreement shall, at the election of the Executive, be resolved by binding arbitration to be held in New York City in accordance with the rules of the American Arbitration Association. Judgment upon the arbitrator’s award may be entered in any court having jurisdiction. Costs of any arbitration or litigation, including, without limitation, attorneys’ fees of both parties, shall be borne by the Company and advanced to the Executive as appropriate from time to time, provided that, if the arbitrator or judge, as the case may be, determines that the claims or defenses of the Executive were without any reasonable basis, each party shall bear his or its own costs. -Warren Eisenberg Employee Agreement