AgdaPkt 2009-01-12 clsd and reg - Laserfiche WebLink

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6.2A Page 51 Arbitration shall be conducted pursuant to the California Code of Civil Procedure. Arbitration shall be conducted by a single arbitrator. The arbitrator shall not be employed by or affiliated with the Authority or the covered party or covered parties. The parties shall select the arbitrator within twenty (20) calendar days from the receipt of the request for arbitration. If the parties are unable to agree upon an arbitrator within that time period, they may mutually agree to a reasonable extension of time not to exceed thirty (30) days. If the parties are unable to agree upon an arbitrator within that extended time period, the Authority shall file a petition with the Sacramento County Superior Court requesting appointment of a neutral arbitrator, and the procedures set forth in the California Code of Civil Procedure Sections 1281.6 shall be followed. Unless mutually agreed otherwise, the arbitration hearing shall commence within forty-five (45) calendar days from the date of the selection of the arbitrator. Each party shall pay one half the cost of the sel~cted arbitrator. In addition, each party shall be responsible for its own costs and expenses of arbitration. The arbitrator may, at his or her discretion, award attorney's fees and costs to the prevailing party. Except for notification of appointment and as provided in the California Code of Civil Procedure Sections 1282 et seq. for the scheduling of hearing(s) and matters relating to the hearing, there shall be no communication between the parties and the arbitrator relating to the subject of the arbitration other than at oral hearings. The procedures set forth in California Code of Civil Procedure Section J 293.05 relating to depositions and discovery shall apply to any arbitration pursuant to this paragraph 9. Except as provided otherwise above, arbitration shall be conducted as provided in Title 9 of the Code of Civil Procedure (commencing with Section 1280). The decision of the arbitrator shall be final and binding., and shall not be subject to appeal. J:\BCJPIA\AdminIDocuments\Governing\MOC's and MPD's\2008.2009\Liability/Liability MOC 2008.2009 FINAL OS0808.doc 19