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14
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2009
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042109
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14
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5/5/2009 1:19:15 PM
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4/15/2009 2:51:42 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
4/21/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
14
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discovery (other than time limitations, which must conform to the fore,oing schedule) and the <br />provisions of the California Evidence Code shall be applicable to such proceeding. If the <br />arbitrator is deciding issues where agreement by the parties is required or contemplated but not <br />theretofore reached, then the arbitrator shall make a decision only on those issues or subissues <br />concerning which there is no agreement of the parties, and the arbit~.ator's decision shall not be <br />greater or lesser in amount or scope than the range of offers made by the parties on the issue. In <br />all cases, the arbitrator shall make tindings on all issues of tact raised by the parties in the Notice <br />of Default. ~fhe arbitrator shall issue his determination within ten (10) business days following <br />the conclusion of the arbitration proceedings. The determination of the arbitrator and the facts <br />admitted under this Section above shall be conclusive subject to vacation or correction solely on <br />the bases set Forth in California Code of Civil Procedure Sections 1286? and 1286.6, except that <br />the Court shall review de novo all questions of law based esdusivcly on the findings of fact by <br />the arbitrator, which arc deemed stipulated by the parties, either in a hearing on a petition as <br />described in California Code of Civil Procedure Section 1285, et seq., or in a new action filed to <br />enforce a party's rights under this Agreement, and on any additional facts required to be found in <br />order to reach a decision. <br />NOTICE: BY INITIALING IN THE SPACF. BELOW, THE PARTIES ARE <br />AGRF.F.ING TO HAVE THE ARBITRABLE. CLAIMS DF.CIDI:U BY NEUTRAL <br />ARBITRATION AS PROVIllED BY CALIFORNIA AND FF,DERAL LAW AND THE <br />PARTIES ARE GIVING UP ANY RIGIITS THEY MIGHT POSSESS TO HAVE THE. <br />ARBITRATED ISSUES LITIGATED IN A COURT OR BY .JURY TRIAL. BY <br />INITIALING IN THE SPACE BELOW, THE. PARTIES ARE GIVING UP THEIR <br />JUDICIAL RIGHTS OF APPEAL. IF ANY PARTY REFUSES TO SUBMIT TO <br />ARBITRATION AFTER AGREEING TO THIS AGRF.F.MENT, SUCH PARTY MAY BE <br />COMPELLED TO ARBITRATE UNDER TIIE AUTHORITY OF CALIFORNIA OR <br />FEDF,RAL LAW. EACH PARTY IS ENTERING INTO THIS AGREEMENT <br />VOLUNTARILY. THE. PARTIF,S HAVE REAll AND UNllEKSTAND THE <br />FOREGOING AND AGREE TO SUBMIT THE ARBITRABLE CLAIMS TO NEUTRAL <br />ARBITRATIONS. <br />INITIALS: INITIALS: <br />DATI;U: DA"fF.D: <br />t? <br />
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