Common use of REFERENCE PROVISION Clause in Contracts

REFERENCE PROVISION. The parties prefer that any dispute between them be resolved in litigation subject to a jury trial waiver set forth above, but the California Supreme Court has held that pre-dispute jury trial waivers not authorized by statute are unenforceable. This reference provision will be applicable unless: (i) the California Supreme Court holds that a pre-dispute jury trial waiver provision similar to that set forth above is valid or enforceable; (ii) the California Legislature enacts a statute which becomes law, authorizing pre-dispute jury trial waivers of the type set forth above and, as a result, such waivers become enforceable, or (iii) the jury trial waiver set forth above is otherwise determined to be enforceable.

REFERENCE PROVISION. The parties prefer that any dispute between them be resolved in litigation subject to a jury trial waiver Jury Trial Waiver set forth above, but the California Supreme Court has held that pre-dispute jury trial waivers Jury Trial Waivers not authorized by statute are unenforceable. This reference provision Reference Provision will be applicable unless: (i) the California Supreme Court holds that a pre-dispute jury trial waiver Jury Trial Waiver provision similar to that set forth above is valid or enforceable; (ii) the California Legislature enacts a statute which becomes law, authorizing pre-dispute jury trial waivers Jury Trial Waivers of the type set forth above and, as a result, such waivers become enforceable, or (iii) the jury trial waiver Jury Trial Waiver set forth above is otherwise determined to be enforceable.