General Reference Sample Clauses
General Reference. The parties hereto agree to waive their respective rights to jury trial and to submit all disputes of fact or of law relating to or arising out of this Agreement to a trial pursuant to an Order of Reference pursuant to California Code of Civil Procedure (“CCP”) § 638(a), after filing an action in Orange County Superior Court. The parties intend that this general reference agreement shall be specifically enforceable in accordance with § 638(a). The referee shall be a retired judge or justice from JAMS having experience in employment matters. If the parties are unable to agree upon a referee, each party shall submit to the Orange County Superior Court in which the action is pending up to three nominees for appointment as referee and the court shall make the appointment from the nominees in accordance with CCP § 640, except that only one referee shall be appointed. Likewise, if no nominations are received from any of the parties, the court shall make the appointment pursuant to CCP § 640. The parties further agree first to mediate any such dispute before a neutral at JAMS. Any mediation or trial pursuant to the general reference herein will be conducted at JAMS’ office in Orange County, California. The parties shall pay in advance the estimated reasonable fees and costs of the reference or mediation, as may be specified in advance by the referee or JAMS. The parties shall initially share equally, by paying their proportionate amount of the estimated fees and costs of the mediation or reference, subject to reallocation by the referee in a post-trial costs memorandum proceeding. Nothing in this Section 12(b) shall preclude any party from seeking injunctive relief in a court of competent jurisdiction
General Reference. The standard Design-Build Stipulated Price Contract, CCA-CSC-RAIC Document 14-2000, consisting of the Agreement between Owner and Design-Builder, Definitions of the Design-Build Stipulated Price Contract and the General Conditions of the Design-Build Stipulated Price Contract (collectively, the “CCDC 14”), the Construction Documents and these Supplementary Conditions, are hereby made part of these Contract Documents. The following Supplementary Conditions shall be read in conjunction with the CCDC 14.
General Reference. Any dispute arising out of or relating to this Agreement shall be heard by general reference pursuant to the provisions of California Code of Civil Procedure Sections 638 through 645.1, inclusive, according to the following procedures:
(i) The parties shall agree upon a single referee, the maximum hourly rate the referee may charge, and at the request of either party, the maximum number of hours for which the referee may charge. Such referee shall then try all issues, whether of fact or law, and report a finding and judgment thereon. If the parties are unable to agree upon a referee, the maximum hourly rate, or, if so requested, the maximum hours for which the referee may charge, within ten (10) days of a written request to do so by any party, then any party may thereafter seek to have a referee appointed by a State court located in the County of Sacramento, subject to the right of either party to object as permitted by the referenced sections of the California Code of Civil Procedure;
(ii) The parties agree that the referee shall have the power to decide all issues of fact and law and report his/her decision thereon, and to issue all legal and equitable relief appropriate under the circumstances of the issues before him/her; provided, however, that to the extent the referee is unable to issue and/or enforce any such legal or equitable relief, either party may petition a State court in the County of Sacramento to issue and/or enforce such relief on the basis of the referee’s decision;
(iii) The parties shall agree upon the rules of evidence and procedure relating to the conduct of the hearing, examination of witnesses and presentation of evidence. If the parties are unable to agree upon such rules and procedures within thirty (30) days of a written request to do so by any party, then the California Evidence Code rules of evidence and procedure relating to the conduct of the hearing, examination of witnesses and presentation of evidence shall apply;
(iv) Any party desiring a stenographic or written record of the hearing may secure a court reporter to attend the hearing at such party’s costs;
(v) The referee shall issue a written statement of decision which shall be reported to the State court in the County of Sacramento in accordance with California Code of Civil Procedure Section 643 and mailed promptly to the parties;
(vi) Judgment may be entered on the decision of the referee in accordance with California Code of Civil Procedure Section 644, and the deci...