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proceedings based on such claim,dispute or other matter would be barred by the applicable <br /> statute of limitations. <br /> 53 Provisional Remedies. The parties shall each have the right to file with a <br /> court of competent jurisdiction an application for temporary or preliminary injunctive relief, <br /> writ of attachment, writ of possession, temporary protective order and/or appointment of a <br /> receiver, if the arbitration award to which the applicant may be entitled may be rendered <br /> ineffectual in the absence of such relief, or if there is not other adequate remedy. Any such <br /> application shall not act as a waiver of a party's arbitration rights hereunder. <br /> 5.4 Powers,Duties and Limitations of the Arbitrator. The arbitrator shall <br /> have the power to grant such legal and equitable remedies and award such damages as may <br /> be granted or awarded by a judge of the superior court of the state of California. The <br /> arbitrator shall prepare and provide to the parties a written decision on all matters which are <br /> the subject of the arbitration, including factual findings and the reasons which form the basis <br /> of the arbitrator's decision. The arbitrator shall not have the power to commit errors of law <br /> or legal reasoning and the award may be vacated or corrected pursuant to California code of <br /> civil procedure section 1286.2 or 1286.6 for any such error. The award of the arbitrator <br /> shall be mailed to the parties no later than thirty(30)days after the close of the arbitration <br /> hearing. The arbitration proceedings shall be reported by a certified shorthand court <br /> reporter, and written transcripts of the proceedings shall be prepared and made available to <br /> the parties upon any party's request. <br /> 5.5 Discovery. The parties shall have the right to discovery in accordance with <br /> California code of civil procedure sections 1283.05 and 1283.1; provided, however,that the <br /> arbitrator's permission shall not be required to take a discovery deposition. All discovery <br /> disputes shall be resolved by the arbitrator. <br /> 5.6 Costs and Fees of the Arbitrator. Costs and fees of the arbitrator shall be <br /> borne by the non-prevailing party(ies)unless the arbitrator, for good cause, determines <br /> otherwise. <br /> Notice: by initialing in the space below you are agreeing to have any dispute <br /> arising out of the matters included in the"arbitration of disputes"provision decided by neutral <br /> arbitration as provided by California law and you are giving up any rights you might possess to <br /> have the dispute litigated in a court or jury trial. By initialing in the space below you are giving <br /> up your judicial rights to discovery and appeal, unless those rights are specifically included in the <br /> "arbitration of disputes"provision. If you refuse to submit to arbitration after agreeing to this <br /> provision, you may be compelled to arbitrate under the authority of The California code of civil <br /> procedure. Your agreement to this arbitration provision is voluntary. <br /> 000299.0044',1087426.6 9 <br />