Common use of Reference Alternative Clause in Contracts

Reference Alternative. To the extent that either party may be otherwise entitled to bring an action at law pursuant to California Code of Civil Procedure Section 1298.7, or if a court of competent jurisdiction determines that the dispute resolution set forth herein is void or unenforceable, the entire matter shall proceed as one of judicial reference pursuant to Code of Civil Procedure Section 638 et seq. The rules of procedure set forth herein shall be the rules of procedure for the reference proceeding, unless precluded by law. JAMS/Endispute shall hear, try and decide all issues of both fact and law and make any required findings of facts and, if applicable, conclusions of law and report these along with the judgment to the supervising court within twenty (20) days after the close of testimony. The parties shall cooperate and diligently perform such acts as may be necessary to carry out the purposes of this Section. -------------------------------------------------------------------------------- ARTICLE XI ARCHITECTURAL AND LANDSCAPING CONTROL --------------------------------------------------------------------------------