Agmt01 Cox Castle & Nicholson - Laserfiche WebLink

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David E. Schricker June 8, 2000 Page 4 it will be necessary for the City to advise us of that request to ensure that the documents are not destroyed. 9. Arbitration. We appreciate the opportunity to serve as the City's attorneys and anticipate a productive and harmonious relationship. If you should feel for any reason that there is a problem with the services we have performed or with our charges, we encourage you to bring that to our attention immediately. If we perceive a problem with representing the City, we likewise will endeavor to discuss it with you. Most such problems should be rectified by communication and discussion. However, a dispute might arise between us that could not be resolved by negotiation. We believe that such attorney-client disputes are most satisfactorily resolved through final and binding arbitration rather than by litigation. In arbitration, there is no right to a trial by jury and the arbitrator's legal and factual determinations are generally not subject to appellate review. Arbitration rules of evidence and procedure are often less formal and less rigid than the rules that apply in court. Arbitration usually results in a decision much more quickly than proceedings in court, and the attorneys' fees and other costs incurred by both sides may be substantially less. You should feel free to discuss the advisability of arbitration with us, or with other counsel or other advisors, and to ask any questions you may have. By signing this engagement agreement, the City and CC&N agree that, in the event of any dispute or claim arising out of or relating to this agreement, our relationship, our charges or our services (including, but not limited to, disputes or claims regarding our charges, professional malpractice, errors or omissions, breach of contract, breach of fiduciary duty, fraud or violation of any statute), SUCH DISPUTE OR CLAIM SHALL BE RESOLVED BY SUBMISSION TO FINAL AND BINDING ARBITRATION IN SAN FRANCISCO COUNTY, CALIFORNIA, BEFORE A RETIRED JUDGE OR JUSTICE. BY AGREEING TO ARBITRATE, THE CITY AND CC&N WAIVE ANY RIGHT TO A COURT OR JURY TRIAL. Venue with regard to any ancillary proceedings arising out of such dispute or claim shall also be in San Francisco County. If we are unable to mutually agree on a retired judge or justice, then each side will name one retired judge or justice and the two named persons will select a neutral judge or justice who will act as the sole arbitrator. The fees of the arbitrator will be paid initially equally by both CC&N and the City. However, the arbitrator shall have the right to order either party to pay all fees and costs as part of his award. In arbitration, we shall both be entitled to conduct discovery in accordance with the provisions of the California Code of Civil Procedure, but either of us may request that the arbitrator limit the amount or scope of such discovery and, in determining whether to do so, the arbitrator shall balance the need for the discovery against the parties' mutual desire to resolve disputes expeditiously and inexpensively. The City also has the right to request arbitration of any fee dispute before an arbitrator or panel of arbitrators selected by a local bar association in California or the California State Bar. If