RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT -A-2019-188

Home Browse Search

and equitable remedies and award compensatory economic damages provided by California law; provided, however, that the Arbitrator shall not have the power to award non -economic, exemplary or punitive damages, , and the parties hereby expressly waive any and all rights they may have, under any statute, rule of law, or regulation, to request, recover or be awarded such relief with respect to any and all matters subject to final and binding arbitration pursuant to this Exhibit B. 1.8 Issuance of Arbitrator's Decision. The Arbitrator shall render his or her final decision in writing, stating the reasons for each component of that decision. 1.9 Binding Effect of Arbitrator's Decision; Duties of Parties. The Parties agree to be bound bythe final decision of the Arbitrator and to promptly provide the Arbitrator and the other party with any and all documents, instructions or other information necessary to allow the Arbitrator to arrive at its decision and to give effect to that decision. 1.10 Entry of Judgment. Judgment on the Arbitrator's award may be entered in any court having jurisdiction thereof. 1.11 Cost of Arbitration. The cost of the Arbitration shall initially be borne equally by the Parties to the Dispute. However, the prevailing party in such proceeding shall be entitled to recover from the losing Party, in addition to all other costs and as items of damages and/or recoverable costs, the prevailing Party's contribution for the cost of arbitration proceedings. Each Party shall bear its own professional fees and costs such as appraisers' accountants' experts', and attorneys' fees and costs. The losing Party's obligation shall be deemed to have accrued on the date of the commencement of the Arbitration and shall be enforceable whether or not the Arbitration is prosecuted to judgment. As used herein, the term "attorneys' fees and costs" shall include, without limitation, attorneys' fees, costs, and expenses incurred in connection with any (a) postjudgment motions, (b) contempt proceedings, (c) garnishment, levy, and debtor and third -party examinations, (d) discovery, and (e) bankruptcy litigation. As used herein, the term "prevailing Party" shall include without limitation any party against whom any aspect of the Dispute (such as in the nature of a cause of action, complaint, cross -complaint, counter -claim, cross -claim or third -party complaint) is voluntarily dismissed, with or without prejudice. 1.12 Confidentiality. Each Party agrees that without the prior written consent of the other Party, neither Party shall make any private disclosure, public announcement or other communication with respect to the subject of the Arbitration, the matters discussed therein, or the Arbitrator's final decision, and that all such matters will be kept in strictest confidence and not revealed to any other person or entity. Notwithstanding the foregoing; each party may make such disclosures (a) to the extent required by law, including without limitation disclosure requirements imposed on each Party by virtue of the fact that both Parties are public entities, (b) to the extent necessary to enforce the provisions of this Exhibit B and the Arbitration Rules (c) to the extent necessary to enforce the Arbitrator's final decision or otherwise put that final decision into effect, (d) to its attorneys, accountants and business advisors in the course of prosecuting or defending its claims in the Dispute and otherwise competently participate in the Arbitration, or 49110062 -- N261.19 28