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Agmt BART Dark Fiber
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5/26/2021 3:30:38 PM
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5/26/2021 3:29:15 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
8/12/2020
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PERM
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2 <br />pursuant to the provisions of section 1281.6 of the California Code of Civil <br />Procedure. The third arbitrator shall be an attorney and preside as the <br />Chairperson of the arbitration panel. No arbitrator shall be employed or <br />affiliated with the Authority or the covered party or parties. <br />The arbitration hearing shall commence within forty-five (45) calendar <br />days from the date of the selection of the Chairperson, unless both sides <br />agree to an extension. <br />Each side shall pay the cost of its selected arbitrator and one-half of the <br />cost of the third selected arbitrator. In addition, each side shall be <br />responsible for its own cost and expense of arbitration. <br />Except for notification of appointment and as provided in the California <br />Code of Civil Procedure, there shall be no communication between the <br />Parties and the arbitrator(s) relating to the subject of the arbitration other <br />than at oral hearings. <br />2) Discovery <br />The procedures set forth in <br />relating to depositions and <br />pursuant to this paragraph (b). <br />3) Testimony Under Oath <br />Code of Civil Procedure section 1283.05 <br />discovery shall apply to any arbitration <br />The testimony of witnesses shall be given under oath. <br />4) Length of Wearing <br />The panel will endeavor to confine the length of the hearing to two (2) <br />days. A decision of the panel shall be reported in writing. The written <br />decision of the panel shall be given to both sides within thirty (30) calendar <br />days of the close of the hearing. <br />5) Certified Shorthand Reporter <br />Either side wishing a certified shorthand reporter record shall make <br />arrangements directly with a certified shorthand reporter and notify the <br />other side of such arrangements in advance of the hearing. The requesting <br />side shall pay the cost of recording the hearing if no transcript is ordered. <br />If a transcript is ordered, the cost of the transcript and of recording the <br />hearing shall be prorated equally among the parties ordering copies. <br />Funding of Defense and Payment of Claims Pending Resolution of Dispute <br />Memorandum of Coverage <br />Effective: 0710112019 <br />31 <br />
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