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result of it having been used in connection with this settlement process. BUFU <br />(h) Fees and Costs. The fees and costs of the mediation shall conform to the <br />then current fee schedule at JAMS and, in the absence of a written agreement to the contrary, <br />shall be a Joint Expense, but any other costs incurred in connection with the dispute resolution <br />shall be borne by the Lessee incurring such costs. <br />(i) Termination of Mediation Process. The mediation process shall continue <br />until the matter is resolved, or the mediator makes a good faith finding that all settlement <br />possibilities have been exhausted and there is no possibility of resolution through mediation. To <br />the extent possible, mediation shall be conducted from 9:00 a.m. to 5:00 p.m., with a one (1) - <br />hour break, on consecutive days. In no event shall a Lessee be required to mediate for more than <br />five (5) days. <br />0) Condition Precedent to Litigation. The Lessees agree and acknowledge <br />that any dispute arising from this Declaration brought before a court of competent jurisdiction <br />shall first be subject to the mediation process, as set forth in this Section 5.14, as a condition <br />precedent. Any such mediation shall be nonbinding except to the extent otherwise expressly <br />provided herein. <br />Notwithstanding the foregoing, nothing in this Section 5.14 shall prohibit a Lessee from <br />pursuing the rights set forth in Section 5.17. <br />5.15 Default Shall not Permit Termination of Declaration. No default under this <br />Declaration shall entitle any Lessee to terminate, cancel or otherwise rescind this Declaration; <br />provided, however, that this limitation shall not affect any other rights or remedies that the <br />Lessees may have by reason of any default under this Declaration. <br />5.16 Violation a Nuisance. The result of every act or omission whereby any provision <br />of this Declaration is violated in whole or in part is hereby declared to be a nuisance, and every <br />remedy allowed by law or equity against a Lessee for nuisance, either public or private, shall be <br />available to and may be exercised by the other Lessee. <br />5.17 Right to Enjoin/Specific Performance. In the event of any violation or threatened <br />violation of any of the provisions of this Declaration by a Lessee or User, the other Lessee shall <br />have the right to apply to a court of competent jurisdiction for an injunction against such <br />violation or threatened violation, or for specific performance of the subject provision, but <br />nothing in this Section shall be deemed to affect whether or not injunctive relief or specific <br />performance is available on account of such violation or threatened violation. The dispute <br />resolution process set forth in Section 5.14 shall not apply to this Section 5.17. <br />5.18 Title of Parts and Sections. Any titles of the sections or subsections of this <br />Declaration are inserted for convenience of reference only and shall be disregarded in <br />interpreting any part of the Declaration's provisions. <br />5.19 Applicable Law. This Declaration shall be interpreted under and pursuant to the <br />laws of the State of California. <br />