Agmt09 Keech Properties, LLC - Laserfiche WebLink

Browse Search

meeting at which they shall diligently endeavor to settle the dispute first through direct discussions. Each party shall participate in good faith, through a representative who shall have full authority to resolve the dispute. Once one party files a request to meet with the other party for the purpose of settling a dispute, the parties agree to conclude such discussions within sixty (60) days of filing of the request, during which time all applicable statutes of limitations shall be tolled. Each party shall pay its own costs and attorneys' fees with respect to any such discussions. If the dispute is not resolved through such direct discussions, such dispute shall be decided by neutral binding arbitration conducted in San Mateo County by the Judicial Arbitration and Mediation Services, Inc. ("JAMSn) in accordance with the roles of JAMS (or if JAMS does not then exist, by the American Arbitration Association), and not by court action except as provided by California law for judicial review of arbitration proceedings. The parties . shall have the right to discovery in accordance with Code of Civil Procedure 1283.05. Judgment confinning any arbitration award may be entered by any court of competent jurisdiction, including but not limited to, any award providing for specific performance. The foregoing agreement to arbitrate shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. In no event shall a demand for arbitration be made after the date when institution of legal or equitable proceedings based on the claim or dispute in question would be barred by the applicable statute of limitations. The arbitrator(s) shall have full authority to issue any award that a court of competent jurisdiction would have. The decision of the arbitrator(s) shall be a final and binding decision on the parties and may be entered as a judgment in Superior Court. The arbitrator(s) shall have authority to award attorneys' fees and costs to the prevailing party as provided in Section 10 of this Agreement. NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HA VB ANY DISPUTE ARISING OUT OF THE MATIERS INCLUDED IN THE "ARBITRATION OF DISPUTESn PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HA VB THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTERAGREBING TO TillS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HA VB READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. 1Esor Lt1ee r- 10. Attomevs' Fees. Should any party hereto employ an attorney for the purpose of enforcing or construing this Agreement, or any judgment based on this Agreement, in any legal proceeding whatsoever, including insolvency, bankruptcy, arbitration, declaratory relief or other litigation, the prevailing party shall be entitled to receive from the other party or parties thereto 4