Judicial Reference. If the waiver of jury trial set forth above is ineffective or unenforceable, the parties agree that all Claims shall be resolved by reference to a private judge sitting without a jury, pursuant to Code of Civil Procedure Section 638, before a mutually acceptable referee or, if the parties cannot agree, a referee selected by the Presiding Judge of Santa Xxxxx County, California. Such proceeding shall be conducted in Santa Xxxxx County, California, with California rules of evidence and discovery applicable to such proceeding.
Appears in 31 contracts
Samples: Warrant Agreement (Intuity Medical, Inc.), Warrant Agreement (Intuity Medical, Inc.), Warrant Agreement (Yumanity Therapeutics, Inc.)
Judicial Reference. If the waiver of jury trial set forth above is ineffective or unenforceable, the parties agree that all Claims shall be resolved by reference to a private judge sitting without a jury, pursuant to Code of Civil Procedure Section 638, before a mutually acceptable referee or, if the parties cannot agree, a referee selected by the Presiding Judge of Santa Xxxxx Cxxxx County, California. Such proceeding shall be conducted in Santa Xxxxx Cxxxx County, California, with California rules of evidence and discovery applicable to such proceeding.
Appears in 5 contracts
Samples: Loan and Security Agreement (ChromaDex Corp.), Warrant Agreement (Neuralstem, Inc.), Warrant Agreement (Neuralstem, Inc.)
Judicial Reference. If the waiver Mutual Waiver of jury trial Jury Trial set forth above in Section 12(p) is ineffective or unenforceable, the parties agree that all Claims shall be resolved by reference to a private judge sitting without a jury, pursuant to Code of Civil Procedure Procedures Section 638, before a mutually acceptable referee or, if the parties cannot agree, a referee selected by the Presiding Judge of the California Superior Court for Santa Xxxxx County, California. Such proceeding shall be conducted in Santa Xxxxx County, California, with California rules of evidence and discovery applicable to such proceeding.
Appears in 3 contracts
Samples: Warrant Agreement (Nexx Systems Inc), Warrant Agreement (Nexx Systems Inc), Warrant Agreement (Nexx Systems Inc)
Judicial Reference. If the waiver of jury trial set forth above is ineffective or unenforceable, the parties agree that all Claims shall be resolved by reference to a private judge sitting without a jury, pursuant to Code of Civil Procedure Section 638, before a mutually acceptable referee or, if the parties cannot agree, a referee selected by the Presiding Judge of the Santa Xxxxx County, California. Such proceeding shall be conducted in Santa Xxxxx County, California, with California rules of evidence and discovery applicable to such proceeding.
Appears in 3 contracts
Samples: Warrant Agreement (American Superconductor Corp /De/), Warrant Agreement (American Superconductor Corp /De/), Warrant Agreement (American Superconductor Corp /De/)
Judicial Reference. If the waiver of jury trial set forth above is ineffective or unenforceable, the parties agree that all Claims shall be resolved by reference to a private judge sitting without a jury, pursuant to Code of Civil Procedure Section 638, before a mutually acceptable referee or, if the parties cannot agree, a referee selected by the Presiding Judge of Santa Xxxxx County, California. Such proceeding shall be conducted in Santa Xxxxx County, California, with California Delaware rules of evidence and discovery applicable to such proceeding.
Appears in 3 contracts
Samples: Warrant Agreement (X4 Pharmaceuticals, Inc), Warrant Agreement (X4 Pharmaceuticals, Inc), Warrant Agreement (Arsanis, Inc.)
Judicial Reference. If the waiver of jury trial set forth above is ineffective or unenforceable, the parties agree that all Claims shall be resolved by reference to a private judge sitting without a jury, pursuant to California Code of Civil Procedure Section 638, et seq., before a mutually acceptable referee or, if the parties cannot agree, a referee selected by the Presiding Judge of Santa Xxxxx County, California. Such proceeding shall be conducted in Santa Xxxxx County, California, with California rules of evidence and discovery applicable to such proceeding.
Appears in 2 contracts
Samples: Warrant Agreement (Zosano Pharma Corp), Warrant Agreement (Zosano Pharma Corp)
Judicial Reference. If the waiver Mutual Waiver of jury trial Jury Trial set forth above in Section 12(p) is ineffective or unenforceable, the parties agree that all Claims shall be resolved by reference to a private judge sitting without a jury, pursuant to Code of Civil Procedure Section 638, before a mutually acceptable referee or, if the parties cannot agree, a referee selected by the Presiding Judge of the Santa Xxxxx Cxxxx County, California. Such proceeding shall be conducted in Santa Xxxxx Cxxxx County, State of California, with California rules of evidence and discovery applicable to such proceeding.
Appears in 1 contract
Samples: Mattersight Corp
Judicial Reference. If the waiver of jury trial set forth above is ineffective or unenforceable, the parties agree that all Claims shall be resolved by reference to a private judge sitting without a jury, pursuant to California Code of Civil Procedure Section 638, before a mutually acceptable referee or, if the parties cannot agree, a referee selected by the Presiding Judge of Santa Xxxxx County, California. Such proceeding shall be conducted in Santa Xxxxx County, California, with California rules of evidence and discovery applicable to such proceeding.
Appears in 1 contract
Judicial Reference. If the waiver of jury trial set forth above is ineffective or unenforceable, the parties agree that all Claims shall be resolved by reference to a private judge sitting without a jury, pursuant to Code of Civil Procedure Section 638, before a mutually acceptable referee or, if the parties cannot agree, a referee selected by the Presiding Judge of Santa Xxxxx County, California. Such proceeding shall be conducted in Santa Xxxxx County, California, with California rules of evidence and discovery applicable to such proceeding.. Warrant Agreement - Amedica
Appears in 1 contract
Samples: Warrant Agreement (AMEDICA Corp)
Judicial Reference. (i) If the waiver Mutual Waiver of jury trial Jury Trial set forth above in Section 12(p) is ineffective or unenforceable, the parties agree that all Claims shall be resolved by reference to a private judge sitting without a jury, pursuant to Code of Civil Procedure Section 638, before a mutually acceptable referee or, if the parties cannot agree, a referee selected by the Presiding Judge of the Santa Xxxxx Cxxxx County, California. Such proceeding shall be conducted in Santa Xxxxx Cxxxx County, California, with California rules of evidence and discovery applicable to such proceeding.
Appears in 1 contract
Samples: Warrant Agreement (Celsion CORP)
Judicial Reference. If the waiver Mutual Waiver of jury trial Jury Trial set forth above in Section 12(p) is ineffective or unenforceable, the parties agree that all Claims shall be resolved by reference to a private judge sitting without a jury, pursuant to Code of Civil Procedure Section 638, before a mutually acceptable referee or, if the parties cannot agree, a referee selected by the Presiding Judge of Santa Xxxxx County, California. Such proceeding shall be conducted in Santa Xxxxx County, California, with California rules of evidence and discovery applicable to such proceeding.
Appears in 1 contract
Samples: XOMA Corp