Common use of California Judicial Reference Agreement Clause in Contracts

California Judicial Reference Agreement. (a) Any disputes, claims and controversies arising out of the Loan Documents or the transactions contemplated thereby (each referred to herein as a “Dispute” and collectively, “Disputes”) that are brought before a forum in which pre-dispute waivers of the right to trial by jury are invalid under applicable law shall be subject to the terms of this Section 8.18 in lieu of the jury trial waiver provided in Section 8.17 hereof. (b) Any and all Disputes shall be heard by a referee and resolved by judicial reference pursuant to California Code of Civil Procedure Sections 638 et seq. The referee shall be a retired California state court judge or an attorney licensed to practice law in the State of California with at least ten (10) years’ experience practicing commercial law. The parties shall not seek to appoint a referee that may be disqualified pursuant to California Code of Civil Procedure Section 641 and 641.2 without the prior written consent of all parties. If the parties are unable to agree upon a referee within ten

California Judicial Reference Agreement. ‌ (a) Any disputes, claims and controversies arising out of the Loan Documents or the transactions contemplated thereby (each referred to herein as a “Dispute” and collectively, “Disputes”) that are brought before a forum in which pre-dispute waivers of the right to trial by jury are invalid under applicable law shall be subject to the terms of this Section 8.18 in lieu of the jury trial waiver provided in Section 8.17 hereof. (b) Any and all Disputes shall be heard by a referee and resolved by judicial reference pursuant to California Code of Civil Procedure Sections 638 et seq. The referee shall be a retired California state court judge or an attorney licensed to practice law in the State of California with at least ten (10) years’ experience practicing commercial law. The parties shall not seek to appoint a referee that may be disqualified pursuant to California Code of Civil Procedure Section 641 and 641.2 without the prior written consent of all parties. If the parties are unable to agree upon a referee within ten