DELHI CENTER - GROUND LEASE-2000

Home Browse Search

Section 11.04. Cumulative Remedies The remedies given to Landlord in this Article shall not be exclusive but shall be cumulative with and in addition to all remedies now or hereafter allowed by law and elsewhere provided in this lease. Section 11.05. Waiver of Breach The waiver by Landlord of any breach by Tenant of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by Tenant of either the same or a different provision of this lease. Section 11.06. Surrender of Premises On expiration or earlier termination of this lease, Tenant shall surrender the Premises and all Improvements in or on the Premises to Landlord in as good, safe, and clean condition as practicable, reasonable wear and tear excepted. Section 11.07. Arbitration A. Arbitration of Disputes. [Note that the provisions of this Section are not applicable and binding unless initialed by both Parties.] 1. Any claim, controversy, dispute or disagreement related to this Agreement shall, at the request of either Party hereto, be submitted to final and binding arbitration before the American Arbitration Association ( "AAA ") in Orange County, California, pursuant to the AAA's Commercial Arbitration Rules in effect at the time a request for arbitration is filed (the "AAA Rules "). The Parties hereby irrevocably consent to venue in Orange County, California. The arbitrator (the "Arbitrator ") shall be appointed pursuant to the procedures set forth in the AAA Rules. The arbitration shall commence at the earliest possible opportunity unless otherwise agreed in writing by the Parties hereto. The Parties shall promptly and diligently cooperate with one another and the Arbitrator, and shall perform such acts as may be reasonably necessary to obtain a prompt and expeditious resolution of the dispute or controversy in accordance with the terms hereof. The Parties agree that the Arbitrator shall have the power to decide all issues of fact and law and report its decision thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy or dispute before it. The Arbitrator shall try all issues, whether of fact or law, and record a finding and judgment thereon and shall hear and determine all pretrial issues and motions and post -trial motions related to the judgment filed or to be filed and to act on all matters related thereto which may be within the jurisdiction of the Superior Court of the State of California. With respect to substantive (as opposed to procedural) matters, the Arbitrator shall be required to apply the laws of the State of California when deciding the issues of the Arbitration and rendering its decision. Except as otherwise provided by the AAA Rules, all rules of evidence as set forth in the California Evidence Code, other statutory and decisional law of California and all local court rules and California Rules of Court shall be applicable to any proceeding before the AAA. The Arbitrator shall render its final decision in writing, stating the reasons for each component of its decision. The Parties agree to be bound by the final decision of the Arbitrator and to promptly provide the Arbitrator and the other Party(ies) 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. The cost of such proceedings shall be borne equally by the Parties to the dispute. 2. Delhi's resort to, or participation in, any arbitration proceeding shall not bar suit by Delhi in a court of competent jurisdiction for specific performance unless and until the arbitration proceeding results in a judgement in favor of the City in which event such judgement and award shall act as a bar against any further action by Delhi for specific performance.