APPOINTMENT OF REFEREE. IF ANY ACTION OR PROCEEDING IS FILED IN A COURT OF THE STATE OF CALIFORNIA BY OR AGAINST ANY PARTY HERETO IN CONNECTION WITH ANY OF THE TRANSACTIONS CONTEMPLATED BY THE LOAN DOCUMENTS, (I) THE COURT SHALL, AND IS HEREBY DIRECTED TO, MAKE A GENERAL REFERENCE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 638 TO A REFEREE (WHO SHALL BE A SINGLE ACTIVE OR RETIRED JUDGE) TO HEAR AND DETERMINE ALL OF THE ISSUES IN SUCH ACTION OR PROCEEDING (WHETHER OF FACT OR OF LAW) AND TO REPORT A STATEMENT OF DECISION; PROVIDED THAT, AT THE OPTION OF ANY PARTY TO SUCH PROCEEDING, ANY SUCH ISSUES PERTAINING TO A “PROVISIONAL REMEDY” (AS DEFINED IN CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1281.8) SHALL BE HEARD AND DETERMINED BY THE COURT; AND (II) WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISIONS HEREIN, THE BORROWER SHALL BE SOLELY RESPONSIBLE TO PAY ALL FEES AND EXPENSES OF ANY REFEREE APPOINTED IN SUCH ACTION OR PROCEEDING.
APPOINTMENT OF REFEREE. (1) If the Parties fail to agree, within 7 days after a Referral Notice is given, who is to be the Referee, the Party who gave the notice (the referring party) must:
APPOINTMENT OF REFEREE the Referee will be selected and appointed by the parties and the Referee Agreement entered into by the parties with the Referee each time a Dispute arises in the following manner:
APPOINTMENT OF REFEREE. As an alternative procedure hereunder, a party initiating legal action hereunder may request that such action be heard by a referee from the Orange County Superior Court pursuant to the referee procedures of California Code of Civil Procedure Sections 638, et seq. XXXXXX and COUNTY, in such case, shall use their best efforts to agree upon a single referee who shall then try all issues, whether of fact or law, and report a finding and judgment thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before him. If XXXXXX and COUNTY are unable to agree upon a referee within ten (10) days after a written request to do so by either party, either party may-seek to have a referee appointed pursuant to Section 640 of the California Code of Civil Procedure. The cost of such proceeding (exclusive of the attorneys’ fees and costs of the Parties) shall be borne equally by the Parties. Any referee selected pursuant to this Section 10.5 shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. In the event that an alternative method of resolving disputes concerning the application, enforcement or interpretation of development agreements is provided by legislative or judicial action after the Effective Date, the Parties may, by mutual agreement, select such alternative method.
APPOINTMENT OF REFEREE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE, AND NOTWITHSTANDING ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENT (WHETHER ORAL OR WRITTEN) OR ACTION OF ANY PARTY HERETO, UNTIL SUCH TIME (IF AT ALL) AS THE CALIFORNIA LEGISLATURE ENACTS A LAW THAT WOULD RENDER THE JURY TRIAL WAIVER SET FORTH IN SUBSECTION (c)(i) IMMEDIATELY ABOVE VALID AND ENFORCEABLE, THE REFERENCE PROVISION SET FORTH IN SUBSECTION (c)(iii) BELOW SHALL APPLY TO ANY SUIT, ACTION OR PROCEEDING COMMENCED PRIOR TO SUCH TIME IN LIEU OF THE JURY TRIAL WAIVER SET FORTH IN SUBSECTION (c)(i) ABOVE; PROVIDED THAT SUCH REFERENCE PROVISION SHALL NOT APPLY TO ANY UNLAWFUL DETAINER ACTION OR ANY ACTION FOR EQUITABLE OR INJUNCTIVE RELIEF.
APPOINTMENT OF REFEREE. The parties have stipulated to, and have obtained the Court’s order approving of, the appointment of the Xxx. Xxxxxx Xxxxxxx (Xxx.) as the Referee in this matter. Said appointment shall be to assist the Court in effectuating the settlement of this case. In that regard, the Referee shall perform the following:
