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(b) Accordingly, any Dispute arising out of or in connection with this Lease and/or the relationship established among the Parties in connection with this Lease or related document or the transactions contemplated hereby or thereby, shall be resolved pursuant to the provisions for reference and trial by referee (without jury) set forth in California Code of Civil Procedure Section 638 et seq., or any successor statute or statute, court rule, or provision of law containing reasonably similar provisions in accordance with the provisions of this Section 26.02. The referee ("Referee") shall be a retired or former California or Federal judge residing in the San Francisco Bay Area who is either(i) agreed to by the Parties to a Dispute within fifteen (15) days of the notice by any Party to the other(s) of the intention to 'invoke this Section 26.02 to resolve the Dispute, or (ii) failing such agreement, is-appointed pursuant to California Code of Civil Procedure Section 640, or any successor statute or statute, court rule, or provision of Law containing reasonably similar provisions, in an action filed in the Superior Court of San Joaquin County, California. (c) The Parties agree that any Party may (and, if necessary, the other Parties shall join in such filing) file with the clerk of the San Joaquin County Superior Court, and/or with the appropriate judge of such court, any and all petitions, motions, applications or other documents necessary to obtain the appointment of such a Referee immediately upon the commencement of any action or proceeding to resolve any Dispute, and to conduct all necessary discovery and to proceed to a trial as expeditiously as possible. The action shall be conducted, and the issues determined in compliance with all judicial rules and all statutory and decisional law of the State of California as if the matter were formally litigated in the Superior Court and not by way of judicial reference. It is the Parties' intention and the Parties and the Referee shall use their best efforts to be certain that (i) discovery be conducted for a period no longer than six (6) months from the date (the "Referee Date") the Referee is appointed (whether by stipulation or by the Superior Court), excluding motions regarding discovery, and (ii) trial be set on a date that is within nine (9) months of the Referee Date. All discovery motions shall be filed with the Referee and served upon the opposing Party no later than the last day of the six-month discovery period; provided that the Parties agree to grant such reasonable extensions of time necessary to reflect the complexities of the issues presented for resolution. All proceedings, including trial, before the Referee shall be conducted at a neutral Iocation (unless otherwise stipulated by the Parties) within fifty (50) miles of the San Joaquin County Superior Court. The Parties agree that said Referee shall be a judge for all purposes(including,without limitation, (x) ruling on any and all discovery matters and motions and any and all pretrial or trial motions, (y) setting a schedule of pretrial proceedings, and (z)making any other orders or rulings a sitting judge of the Superior Court would be empowered to make in any action or proceeding in the Superior Court). Any matter before the Referee shall be governed by the substantive law of California, its Code of Civil Procedure, Rules of Court, Evidence Code, and such other statutes or rules which would be applicable if the matter were tried in the Superior Court, except as otherwise specifically agreed by the Parties and approved by the Referee. The Parties intend this general reference agreement to be specifically enforceable in accordance with the California Code of Civil Procedure. Any decision of the Referee and/or judgment or other order entered thereon shall be appealable to the same extent and in the same manner that such decision,judgment, or order would be appealable if rendered by a judge of the San Joaquin County Superior Court. The Referee shall in his/her statement of decision set forth his/her findings of fact and conclusions of law. 7A