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Arbitration Notice shall contain a description of the subject matter of the arbitration,the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. The Owners shall,within ten(10) days, after the initiation of the arbitration, attempt to agree on a retired judge from the JAMS panel to serve as the Arbitrator. If they are unable to so agree, JAMS will provide a list of three available judges and each party may strike one. The remaining judge(or if there are two,the one selected by JAMS)will serve as the Arbitrator. If JAMS shall no longer exist or if JAMS fails or refuses to accept submission of the dispute,the dispute shall be resolved by binding arbitration before the American Arbitration Association("AAA")under the AAA's commercial arbitration rules then in effect. (d) Pre-Decision Arbitration Procedures. The Arbitrator shall schedule a pre-hearing conference to resolve procedural matters, arrange for the exchange of information, obtain stipulations, and narrow the issues. The Owners will submit proposed discovery schedules to the Arbitrator at the pre-hearing conference. The scope and duration of discovery will be within the sole discretion of the Arbitrator. The Arbitrator shall have the discretion to order a pre-hearing exchange of information by the parties, including, without limitation,production of requested documents, exchange of summaries of testimony of proposed witnesses, and examination by deposition of Owners and third-party witnesses. This discretion shall be exercised so as to limit the scope of discovery to the amount of discovery which the Arbitrator determines to be reasonable under the circumstances. (e) Arbitration Hearing. The arbitration shall be conducted in San Leandro, California. Any Owner may be represented by counsel or other authorized representative. The Owners may offer such evidence as is relevant and material to the dispute. The Arbitrator shall be the judge of relevance and materiality. (f) Governing Law. In rendering a decision, the Arbitrator shall determine the rights and obligations of the parties according to the substantive and procedural laws of California and the terms and provisions of this Lease. (g) Arbitration Award. The Arbitrator shall issue the award as soon as reasonably possible following the conclusion of the arbitration hearing,but in no event later than thirty(30) days after the conclusion of the arbitration hearing. The Arbitrator's award shall be based on the evidence introduced at the hearing,including all logical and reasonable inferences therefrom. The Arbitrator may make any determination, and/or grant any remedy or relief that is just and equitable; provided, however, in no event may the Arbitrator award punitive damages. The award must be based on, and accompanied by, a written statement of decision explaining the factual and legal basis for the award as to each of the principal controverted issues. The award shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the Superior Court of the State of California, subject to challenge only (i) on the grounds set forth in California Code of Civil Procedure Section 1286.2, or(ii)based upon the Arbitrator's incorrect application of the substantive laws of California. The validity and enforceability of the Arbitrator's decision is to be determined exclusively by the California courts pursuant to the provisions of this Agreement. (h) Attorneys' Fees and Costs. The Arbitrator may award costs, including,without limitation, attorneys' fees, and expert and witness costs,to the prevailing party, if any, as 4/23/13 15