Common use of Selection of Referee; Powers Clause in Contracts

Selection of Referee; Powers. The parties shall select a single neutral referee (the “Referee”), who shall be a retired judge or justice of the courts of the State of California, or a federal court judge, in each case, with at least ten years of judicial experience in civil matters. The Referee shall be appointed in accordance with California Code of Civil Procedure Section 838 (or pursuant to comparable provisions of federal law if the dispute falls within the exclusive jurisdiction of the federal courts). If within ten (10) days after the request or motion for the Reference, the parties cannot agree upon a Referee, either party may request or move that the Referee be appointed by the Presiding Judge of the Superior Court or of the U.S. District Court for the Central District of California. The Referee shall determine all issues relating to the applicability, interpretation, legality and enforceability of this paragraph.

Appears in 1 contract

Samples: Business Loan Agreement (Loyalty Alliance Enterprise Corp)

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Selection of Referee; Powers. The parties to the Reference proceeding shall select a single neutral referee (the “Referee”), who shall be a retired judge or justice of the courts of the State of California, or a federal court judge, in each case, with at least ten (10) years of judicial experience in civil matters. The Referee shall be appointed in accordance with Section 638 of the California Code of Civil Procedure Section 838 (or pursuant to comparable provisions of federal law if the dispute falls within the exclusive jurisdiction of the federal courts). If within ten (10) days after the request or motion for the Reference, the parties to the Reference proceeding cannot agree upon a Referee, either then any party to such proceeding may request or move that the Referee be appointed by the Presiding Judge of the Superior Court of the County of San Diego, or of the U.S. District Court for the Central Southern District of California. The Referee shall determine all issues relating to the applicability, interpretation, legality and enforceability of this paragraphSection 12.18(b).

Appears in 1 contract

Samples: Loan Agreement

Selection of Referee; Powers. The parties shall select a single neutral referee (the “Referee”), who shall be a retired judge or justice of the courts of the State of California, or a federal court judge, in each case, with at least ten years of judicial experience in civil matters. The Referee shall be appointed in accordance with California Code of Civil Procedure Section 838 638 (or pursuant to comparable provisions of federal law if the dispute falls within the exclusive jurisdiction of the federal courts). If within ten (10) days after the request or motion for the Reference, the parties cannot agree upon a Referee, either party may request or move that the Referee be appointed by the Presiding Judge of the Superior Court or of the U.S. District Court for the Central District of California. The Referee shall determine all issues relating to the applicability, interpretation, legality and enforceability of this paragraph.

Appears in 1 contract

Samples: Business Loan Agreement (Loyalty Alliance Enterprise Corp)

Selection of Referee; Powers. The parties to the Reference proceeding shall select a single neutral referee (the “Referee”), who shall be a retired judge or justice of the courts of the State of CaliforniaState, or a federal court judge, in each case, with at least ten (10) years of judicial experience in civil matters. The Referee shall be appointed in accordance with Section 638 of the California Code of Civil Procedure Section 838 (or pursuant to comparable provisions of federal law if the dispute falls within the exclusive jurisdiction of the federal courts). If within ten (10) days after the request or motion for the Reference, the parties to the Reference proceeding cannot agree upon a Referee, either then any party to such proceeding may request or move that the Referee be appointed by the Presiding Judge of the Los Angeles Office Superior Court Court, or of the U.S. District Court for the Central Southern District of California. The Referee shall determine all issues relating to the applicability, interpretation, legality and enforceability of this paragraphSection 8.7.

Appears in 1 contract

Samples: Lease Agreement

Selection of Referee; Powers. The parties to the Reference proceeding shall select a single neutral referee (the “Referee”), who shall be a retired judge or justice of the courts of the State of California, or a federal court judge, in each case, with at least ten years of judicial experience in civil matters. The Referee shall be appointed in accordance with Section 638 of the California Code of Civil Procedure Section 838 (or pursuant to comparable provisions of federal law if the dispute falls within the exclusive jurisdiction of the federal courts). If within ten (10) days after the request or motion for the Reference, the parties to the Reference proceeding cannot agree upon a Referee, either then any party to such proceeding may request or move that the Referee be appointed by the Presiding Judge of the San Mateo County Superior Court Court, or of the U.S. District Court for the Central Northern District of California. The Referee shall determine all issues relating to the applicability, interpretation, legality and enforceability of this paragraphSection 12.18(b).

Appears in 1 contract

Samples: Master Loan Agreement

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Selection of Referee; Powers. The parties to the Reference proceeding shall select a single neutral referee (the “Referee”), who shall be a retired judge or justice of the courts of the State of California, or a federal court judge, in each case, with at least ten (10) years of judicial experience in civil matters. The Referee shall be appointed in accordance with Section 638 of the California Code of Civil Procedure Section 838 (or pursuant to comparable provisions of federal law if the dispute falls within the exclusive jurisdiction of the federal courts). If within ten (10) days after the request or motion for the Reference, the parties to the Reference proceeding cannot agree upon a Referee, either then any party to such proceeding may request or move that the Referee be appointed by the Presiding Judge of the Superior Court of the County of Los Angeles, or of the U.S. District Court for the Central District of California. The Referee shall determine all issues relating to the applicability, interpretation, legality and enforceability of this paragraphSection 12.18(b).

Appears in 1 contract

Samples: Loan Agreement

Selection of Referee; Powers. The parties to the Reference proceeding shall select a single neutral referee (the “Referee”), who shall be a retired judge or justice of the courts of the State of California, or a federal court judge, in each case, with at least ten (10) years of judicial experience in civil matters. The Referee shall be appointed in accordance with Section 638 of the California Code of Civil Procedure Section 838 (or pursuant to comparable provisions of federal law if the dispute falls within the exclusive jurisdiction of the federal courts). If within ten (10) days after the request or motion for the Reference, the parties to the Reference proceeding cannot agree upon a Referee, either then any party to such proceeding may request or move that the Referee be appointed by the Presiding Judge of the San Bernardino County Superior Court Court, or of the U.S. District Court for the Central Southern District of California. The Referee shall determine all issues relating to the applicability, interpretation, legality and enforceability of this paragraphSection 8.7.

Appears in 1 contract

Samples: Lease Agreement

Selection of Referee; Powers. The parties to the Reference proceeding shall select a single neutral referee (the “Referee”), who shall be a retired judge or justice of the courts of the State of California, or a federal court judge, in each case, with at least ten (10) years of judicial experience in civil matters. The Referee shall be appointed in accordance with Section 638 of the California Code of Civil Procedure Section 838 (or pursuant to comparable provisions of federal law if the dispute falls within the exclusive jurisdiction of the federal courts). If within ten (10) days after the request or motion for the Reference, the parties to the Reference proceeding cannot agree upon a Referee, either then any party to such proceeding may request or move that the Referee be appointed by the Presiding Judge of the Calaveras County Superior Court Court, or of the U.S. District Court for the Central Eastern District of California. The Referee shall determine all issues relating to the applicability, interpretation, legality and enforceability of this paragraphSection 7.2.

Appears in 1 contract

Samples: Wastewater Installment Sale Agreement

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