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DES:djk 08/31/87R <br /> <br />Governing Body. The findings of fact made by the panel shall be <br />advisory only, and shall not be binding on the Governing Body. <br /> <br /> If, upon conclusion of the hearing and consideration of any <br />advisory findings of fact, the Governing Body determines that <br />Company has violated, or is in continuing violation of, any of <br />its duties and obligations, either express or implied, under this <br />agreement, the Governing Body may issue a Compliance Order, <br />Termination Order or Order for Payment of Compensatory Damages, <br />as it deems appropriate. The Governing Body's decision shall be <br />the final administrative determination, and shall be supported by <br />written findings. <br /> <br /> Section 8.4 Fact Finding. (a) Panel. A fact finding <br />panel shall be comprised of one member, each, appointed by <br />Company and Agency, respectively. The panel members appointed <br />aforesaid shall, in turn, appoint a third panel member who shall <br />be the Chairperson and preside over the proceedings conducted by <br />the panel. <br /> <br /> (b) Procedure. The fact finding panel shall review the <br />controversy between the parties pursuant to .the provisions of <br />Part 3, Title 9 ("Arbitration") commencing with Section 1280 of <br />the California Code of Civil Procedure, as said provisions exist <br /> <br />upon the date hereof or from time to time may be amended, <br />revised, or superseded, except to the extent that any provisions <br />of this agreement conflict with the provisions of said Title 9. <br />Notwithstanding the foregoing, the fact finding panel shall have <br />authority only to receive evidence relating to the controversy <br />and to make advisory findings of fact. The panel's findings of <br /> <br /> 37 <br /> <br /> <br />