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defaulting Owner or other assignee(s) hereunder be impaired by any such Default relating to the portion of the Property not owned by it. 7.7 Alternative Dispute Resolution. Owner may elect in its sole and absolute discretion, to have any legal disputes described herein determined by arbitration in Santa Ana, California, before a sole arbitrator in accordance with the laws of the State of California. The arbitration shall be administered by JAMS pursuant to its Streamline Arbitration Rules and Procedures. Judgment on the "award", as defined in Code of Civil Procedure Section 1283.4, may be entered in any court having jurisdiction. Each party shall bear its own costs. ARBITRATION NOTICE: BY INITIALING IN THE SPACE BELOW EACH PARTY IS AGREEING TO HAVE ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT DECIDED BY A NEUTRAL BINDING ARBITRATION, AND EACH PARTY IS GIVING UP ANY RIGHTS EACH SUCH PARTY MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW EACH PARTY IS GIVING UP ITS JUDICIAL RIGHT TO DISCOVERY AND APPEAL. IF EITHER PARTY REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, SUCH PARTY MAY BE COMPELLED TO ARBITRATE UNDER FEDERAL OR STATE LAW. THE PARTIES AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. EACH PARTY HAS READ AND UNDERSTANDS THE FOREGOING AND AGREES TO SUBMISSION OF ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT TO NEUTRAL BINDING ARBITRATION IN ACCORDANCE WITH THIS AGREEMENT. Owner City The "award" shall be made by the arbitrator within sixty (60) days after the matter has been submitted to arbitration. Prior to the appointment of the arbitrator and within ten (10) days of the date of commencement of the arbitration the parties shall submit the dispute to JAMS for mediation. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS panel of neutrals, and then promptly scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. If the dispute is not resolved within thirty (30) days from the date of the submission of the dispute to mediation (or such later date as the parties may mutually agree in writing) the administration of the arbitration shall proceed forthwith while the mediation may continue, if the parties so agree. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. Pendency of the mediation shall not preclude a party from seeking provisional remedies in aid of the arbitration from a court of appropriate 17 DOCSOC/l110339vlI/24579-0001 11 B-38