AgdaPkt 2014-06-23 Closed and Joint SA

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7.1.L. - Page 106 No person shall serve as a mediator who has any financial or personal interest in the result of the mediation, except by the written consent of all parties. Prior to accepting any appointment, the prospective mediator shall disclose any circumstances likely to create a presumption of bias or prevent a prompt commencement of the mediation process. Each party shall submit a brief memorandum setting forth its position with regard to the issues that need to be resolved within ten days of the selection of the mediator or within such time frame established by the mediator. The mediation shall be commenced within ten days following the submittal of the memoranda. The mediation shall be held in the county in which the Property is located or such other place as is mutually acceptable to the parties. The mediator has discretion to conduct the mediation in the manner in which the mediator believes is most appropriate for reaching a settlement of the Claim. The mediator is authorized to conduct joint and separate meetings with the parties and to make oral and written recommendations for settlement. Whenever necessary, the mediator may also obtain expert advice concerning technical aspects of the Claim, provided the parties agree and assume the expenses of obtaining such advice. The mediator does not have the authority to impose a settlement on the parties. The mediation shall be subject to the provisions of Evidence Code sections 1115 through 1128, or any successor statutes thereto, except as the parties may agree otherwise in writing or orally in accordance with the requirements of Evidence Code section 1118. Persons other than the parties,the representatives and the mediator may attend mediation sessions only with the permission of the parties and the consent of the mediator. Confidential information disclosed to a mediator by the parties or by witnesses in the course of the mediation shall not be divulged by the mediator. All records, reports, or other documents received by the mediator while serving in such capacity shall be confidential. There shall be no stenographic record of the mediation process. If the Claim is not resolved in accordance with these nonadversarial prelitigation procedures, the Claim shall be resolved in accordance with the binding adversarial procedures set forth in Section 2. 2. Binding Adversarial Procedures. If Claimant and Declarant cannot resolve the entire Claim in accordance with the procedures in Section 1 of this Exhibit or if corrective action is undertaken by Declarant and the parties disagree on the adequacy of the corrective action or any other claims arising from the corrective action, the portion of the Claim not resolved, including any unresolved claims arising out of the corrective action undertaken by Declarant or Declarant's agents, either party may commence litigation in any court of competent jurisdiction for resolution of the portion of the Claim not resolved. In any litigation, each party shall bear its own attorneys' fees. 3. Agent for Services of Claim Notice. Notice of any Claim against Declarant or any affiliated general contractor or affiliated contractor who is a "builder"within the meaning of Civil Code section 911, including Civil Code sections 896 and 897 claims, or requests for information including requests for copies of the documents described in Section 4, shall be served on Declarant's agent via certified mail, overnight mail or personal delivery. The name and address of Declarant's agent for this purpose is: Claims Procedure Agent Classics at Redwood City 1068 East Meadow Circle Palo Alto, CA 94303 If the notice cannot be served on Declarant's agent at the above-referenced address because the agent is no longer located at the address or the agent has changed and Declarant has not provided the Claimant with an updated address or the name and/or address of the new agent,the Claimant may serve the claim notice on Declarant's agent for notice under Civil Code section 912(e) on file with the California CLSS\51643\927586.5 June 16,2014