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<br /> <br /> <br /> <br /> Mr. Francisco Gutierrez <br /> City of Santa Ana <br /> December 1, 2011 <br /> Page 9 <br /> <br /> <br /> which the proceeding is to take place. In any arbitration instituted hereunder, the <br /> proceedings shall proceed in accordance with the then current Arbitration Rules for <br /> Professional Accounting and Related Disputes of the American Arbitration Association <br /> , <br /> except that no pre-hearing discovery shall be permitted unless specifically authorized by <br /> the arbitration panel. <br /> Such arbitration shall be conducted before a panel of three persons, one chosen by each <br /> party and the third selected by the two party-selected arbitrators. The arbitration panel <br /> shall have no authority to award non-monetary or equitable relief, and any monetary <br /> award shall not include punitive damages. The confidentiality provisions applicable to <br /> facilitated negotiation shall also apply to arbitration. The award issued by the arbitration <br /> panel may be confirmed in a judgment by any federal or state court of competent <br /> jurisdiction. <br /> 15. Independent Contractor. MGO and you acknowledge that the relationship between the <br /> parties to this Agreement is exclusively that of an independent contractor and that MGO's <br /> obligations to you are exclusively contractual in nature. This Agreement does not create <br /> an agency, employment, partnership joint venture, trust or other fiduciary relationship <br /> between the parties. Neither party shall have the right to bind the other to any Third Party <br /> nor otherwise to act in any way as a representative or agent of the other except as <br /> otherwise agreed in writing between the parties. <br /> 16. Entire Agreement. This Agreement sets forth the entire agreement between the parties <br /> with respect to the subject matter herein, superseding all prior agreements, negotiations or <br /> understandings, whether oral or written, with respect to such subject matter. To the extent <br /> that any of the terms and conditions of the Engagement Letter conflict with these Terms <br /> and Conditions, these Terms and Conditions will control. This Agreement may not be <br /> changed, modified or waived in whole or part except by an instrument in writing signed <br /> by both parties. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 25E-14 <br />