Common use of Judicial Reference Procedure Clause in Contracts

Judicial Reference Procedure. Submission of a dispute to a Judicial Reference proceeding shall be commenced by a written notice thereof made by one Party to the other Party, or by mutual written election of both Parties (in either case, a “Reference Notice”). The Judicial Reference proceeding shall be conducted in San Diego County, and the Parties waive their respective rights to initiate any legal proceedings against each other in any court or jurisdiction other than the Superior Court of the State in and for the County of San Diego unless such court determines that it lacks jurisdiction, in which case, the Judicial Reference proceedings shall be conducted in the Federal District Court for the Southern District of California if such court has jurisdiction, and if such court has no jurisdiction, then any court of competent jurisdiction (the “Court”). The referee shall be a retired California federal or state judge with experience in commercial real estate leasing and related disputes selected by mutual agreement of the Parties from a reputable source, and if the Parties cannot so agree within twenty (20) days after the Reference Notice is given, the referee shall be selected by the presiding judge of the Court (or his or her representatives). The referee shall not have any power to alter, amend, modify or change any of the terms of this Lease nor grant any remedy which is either prohibited by the terms of this Lease, or not available in a court of law or equity. The Parties shall bear their respective costs, fees, and expenses incurred in connection with said Judicial Reference.

Judicial Reference Procedure. Submission of a dispute to a Judicial Reference proceeding shall be commenced by a written notice thereof made by one Party to the other Party, or by mutual written election of both Parties (in either case, a “Reference Notice”). The Judicial Reference proceeding shall be conducted in San Diego County, and the Parties waive their respective rights to initiate any legal proceedings against each other in any court or jurisdiction other than the Superior Court of the State in and for the County of San Diego unless such court determines that it lacks jurisdiction, in which case, the Judicial Reference proceedings shall be conducted in the Federal District Court for the Southern District of California if such court has jurisdiction, and if such court has no jurisdiction, then any court of competent jurisdiction (the “Court”). The referee shall be a retired California federal or state judge with experience in commercial real estate leasing and related disputes selected by mutual agreement of the Parties from a reputable source, and if the Parties cannot so agree within twenty (20) days after the Reference Notice is given, the referee shall be selected by the presiding judge of the Court (or his or her representatives). The referee shall not have any power to alter, amend, modify or change any of the terms of this Lease Sublease nor grant any remedy which is either prohibited by the terms of this LeaseSublease, or not available in a court of law or equity. The Parties shall bear their respective costs, fees, and expenses incurred in connection with said Judicial Reference. For purposes of this clause (ii), “Parties” shall mean RIDA and any Public Entity or the BPC, as applicable.