STAPLES NEIGHBORHOOD PARK FUNDING-IMPROVEMENT

proceedings based on such claim, dispute or other matter would be barred by the applicable statute of limitations. 5.3 Provisional Remedies. The parties shall each have the right to file with a court of competent jurisdiction an application for temporary or preliminary injunctive relief, writ of attachment, writ of possession, temporary protective order and/or appointment of a receiver, if the arbitration award to which the applicant may be entitled may be rendered ineffectual in the absence of such relief, or if there is not other adequate remedy. Any such application shall not act as a waiver of a party's arbitration rights hereunder. 5.4 Powers, Duties and Limitations of the Arbitrator. The arbitrator shall have the power to grant such legal and equitable remedies and award such damages as may be granted or awarded by a judge of the superior court of the state of California. The arbitrator shall prepare and provide to the parties a written decision on all matters which are the subject of the arbitration, including factual findings and the reasons which form the basis of the arbitrator's decision. The arbitrator shall not have the power to commit en-ors of law or legal reasoning and the award may be vacated or corrected pursuant to California code of civil procedure section 1286.2 or 1286.6 for any such error. The award of the arbitrator shall be mailed to the parties no later than thirty (30) days after the close of the arbitration hearing. The arbitration proceedings shall be reported by a certified shorthand court reporter, and written transcripts of the proceedings shall be prepared and made available to the parties upon any party's request. 5.5 Discovery. The parties shall have the right to discovery in accordance with California code of civil procedure sections 1283.05 and 1283.1; provided, however, that the arbitrator's permission shall not be required to take a discovery deposition. All discovery disputes shall be resolved by the arbitrator. 5.6 Costs and Fees of the Arbitrator. Costs and fees of the arbitrator shall be borne by the non - prevailing party(ies) unless the arbitrator, for good cause, determines otherwise. Notice: by initialing in the space below you are agreeing to have any dispute arising out of the matters included in the "arbitration of disputes" provision decided by neutral arbitration as provided by California law and you are giving up any rights you might possess to have the dispute litigated in a court or jury trial. By initialing in the space below you are giving up your judicial rights to discovery and appeal, unless those rights are specifically included in the "arbitration of disputes" provision. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under the authority of The California code of civil procedure. Your agreement to this arbitration provision is voluntary. 000299.0044\1087426.6 9