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7.1.F. - Page 139 <br /> (j) The referee shall be authorized to provide all recognized <br /> remedies available in law or equity for any cause of action that is the basis of the Judicial <br /> Reference; and, <br /> (k) The statement of decision of the referee upon all of the <br /> issues considered by the referee shall be binding upon the parties, and upon filing of the statement <br /> of decision with the clerk of the court, or with the judge where there is no clerk, judgment may be <br /> entered thereon. The decision of the referee shall be appealable as if rendered by the court. <br /> (I) If submission of a disputed matter referenced in this Section <br /> 9.15.D to Judicial Reference is not permitted under the then applicable law, then notwithstanding <br /> California Code of Civil Procedure Section 1298.7, if the dispute is not resolved through mediation, <br /> each Owner, the Association and Declarant shall resolve such dispute exclusively through binding <br /> arbitration conducted in accordance with Section 9.15.E of this Declaration. <br /> (3) Judicial Reference shall only proceed for any matter that is subject <br /> to the requirements of Civil Code §§ 5925-5960 after the parties have attempted to reasonably <br /> comply with the alternative dispute resolution requirements set forth in Code Civil Code §§ 5925- <br /> 5960, as same may be amended from time to time. <br /> (4) Notwithstanding the foregoing, any dispute under Sections 9.12 and <br /> 9.13 of this Declaration between the Declarant and the Association regarding the question of <br /> satisfaction of the conditions for exoneration or release of the Assessment Bond or Common Area <br /> Bond or other security shall, at the request of either party, be submitted to arbitration pursuant to <br /> Section 9.15.E of this Declaration. <br /> E. Arbitration of Disputes: If a dispute is the subject of binding arbitration <br /> under this Declaration, the following shall apply: <br /> (1) costs and fees of the arbitration, including ongoing costs and fees of <br /> the arbitration shall be paid as agreed by the parties, and, if the parties cannot agree, as <br /> determined by the arbitrator; provided, however, if the Declarant is a party to the arbitration, then <br /> any fee to initiate arbitration shall be paid by Declarant, but the cost of arbitration shall ultimately <br /> be borne as determined by the arbitrator; <br /> (2) a neutral and impartial individual with at least ten (10) years <br /> experience in real estate construction arbitration shall be appointed to serve as arbitrator, with the <br /> arbitrator to be selected by mutual agreement of the parties. If the parties are unable to agree on <br /> an arbitrator within fifteen (15) days after any party initiates the arbitration, a neutral and impartial <br /> arbitrator shall be selected by JAMS. In selecting the arbitrator, the provisions of §1297.121 of the <br /> California Code of Civil Procedure shall apply. An arbitrator may be challenged for any of the <br /> grounds listed in §1297.121, or in §1297.124 of the California Code of Civil Procedure; <br /> (3) venue of the arbitration shall be in the County; <br /> (4) the arbitration shall commence in a prompt and timely manner in <br /> accordance with (i) the Commercial Rules of JAMS, or if the rules do not specify a date by which <br /> arbitration is to commence, then (ii) by a date agreed upon by the parties, and if they cannot <br /> agree as to a commencement date, (iii) a date determined by the arbitrator. The arbitrator shall <br /> apply California substantive law in rendering a final decision. The arbitrator shall have the power <br /> to grant all legal and equitable remedies and award compensatory damages. When the arbitrator is <br /> prepared to make the award, the arbitrator shall first so inform the parties, who shall have ten (10) <br /> days to attempt to resolve the matter by a binding agreement between them. If the parties resolve <br /> the matter, the arbitrator shall not make any award. If the parties do not so resolve the matter <br /> within the ten (10) day period, the arbitrator shall make the award on the eleventh day following <br /> the arbitrator's notice of being prepared to make the award; <br /> (5) the arbitration shall be conducted in accordance with the <br /> Commercial Rules of JAMS; <br /> (6) the arbitration shall be conducted and concluded in a prompt and <br /> timely manner; <br /> 76 <br /> [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc <br />