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Reso 1998-026 to 030
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Reso 1998-026 to 030
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/1998
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other matters to be submitted to arbitration as provided in this Lease shall be submitted and <br />arbitrated in the manner provided in Section 21.2 below, except as otherwise expressly <br />provided in this Lease. No party shall be required to submit any matter to arbitration in lieu <br />of judicial determination, except as provided in this Section 21.1 or where this Lease <br />expressly provides that a matter shall be submitted to arbitration. The Events of Default <br />described in Section 18.2 shall not be subject to the arbitration provisions of this Article <br />.M <br />Section 21.2 Arbitration Procedures <br />Any arbitration under the provisions of this Lease shall be conducted in Alameda <br />County, California, before and in accordance with the rules of the American Arbitration <br />Association. <br />Notwithstanding anything contained in the foregoing sentence, the parties agree that <br />the provisions of California Code of Civil Procedure, Section 1283.05, depositions for <br />discovery or any successor and/or amendatory statutes thereto, are incorporated into, and <br />made a part of and applicable to, this provision as though fully set forth herein. It is the <br />intent of the parties to incorporate discovery provisions into this arbitration provision, <br />provided however, that the period for initiating discovery shall expire on the date which is <br />thirty (30) days from the date of the delivery of a Notice of Dispute and Request for <br />Arbitration. Any discovery commenced by notice within such thirty (30) day period shall be <br />completed diligently by each party. If the American Arbitration Association shall not then <br />be in existence, the party desiring arbitration shall appoint a disinterested person as arbitrator <br />LEASE BETWEEN CITY OF SAN LEANDRO <br />AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 70 <br />2574001\313983.8 <br />
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