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Docvs9 gn Envafape 10:E21 E9717,483B-42A9�-8682-F4952EB743C7 Procedure Se0011 638 et seq., of any succrssor statute or stau te, court rule, or provision of law containing M-'sDnably simaw lrovis1cm m a=rdance with the provisions of this Section 26.02. The referee ("&ek-mee) shall be a retired or former Cagmm or Fmkral judge residing in the San Francisco Bay Area who is either(i) agmM to by the Parties to a Dispute within fifteen 1 )days of dk a notice by any Party to the other(s) of the ir&mtion to invoke this Section 2,6.02 to resolve the Dispute, or(H) failing such agreennent, is appointed purstaa.nt to California Code of Civil Froced= Section 640, or any succewor state or statute, court rule, or provision of Laver s taming reasonably similar provisions, in an merlon filed in the Superior Court of contra costa County, ` lifomia. (c) The Parries agree dnt MY Patty MaY (and, if necessary, the other Parties shall join in such fling) file with the clerk of the song costa County Superior Coun, and/or with the WMpriawJudge of such court; any and all petitions, motions, applications or other documents necessary to obtain the appointneM of such a Referee mmediately upon the o ==Ucement of any action ar Proceeding to resolve any Dispute, and to conduct all necessary discovery and to proceed to 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 lave of the State of CalifovWa as if the Matter wefe formally litigated in the Superior Court and not by way of judicial reference. It is the FartiesT inteentior, and rite Parties and the Referee shall use their best efforts to be certain cleat (i) discovery be conducted for a period no longer than six ( ) months from the dac€c (the "lt & Date") the Referee is appointed(whether by stipulation or by the Suptno€ Cow), excluding motions regarding discovery, and f'ii) trial be set on a date that 's within nine (9)monft of the Referee Date. All discovery motions shall be filed with the referee and served upon the opposing Fany no later thAn the last day of the six-month discover period; PrOvidOd that the Parties agree to gmt such reasonable extensions of tie necessary to reflect the complexities of the issues presorted for resolution. All proceeclngs, including trial, before the Referee shall be conducted at a neutral location{unless ather'A_ stipulated by the Parties) within fifty( 0)miles of the comma costa County upenor Court. The Pa es agree that said Referee shall be a judge for all purposes (including, without limitation, fix) ruling on any and all discovery matters a d motions and any and all pretrial or trial mo#vns, (Y) settsng a schedule of pretrial proceedings, and (z) rnalCimg any other orders or ndin8s a sib$ judge of the Superior Court would be empowered to make in any action or pr eeding in the Superior court). Any nu ice€ before the R,efe€ee shall be goverrxed by the substaive law of California, its Code ofivil Procedure, Rules ofCoua evidence bode, and such other statutes or rules which would be applicable if d-& matter were tried in the Superior Court, except as otherwise specifically agreed by the Parties and approved by the Referee. The parties €ntennd 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 entecd thereon shall be appealable to the same extent and in the sarne niatmer that such decision, jet, or order would be appeal le if rendered by a judge of the comma costa ec)mry Superior CO rt. The Rc-&Me shall in his/her statement of decision set forth hL%thff findings of fact and conclusions of law. (d) During the pendency of any action or proceeding respecting a Dispute, and before the mtTY of any judgment therein. each of the parties to such action or proceeding shall bear equal shares of the Fees charged and costs incurred by the Referee in connection with p forming the services provided in this Sections. The compensation of the Referee "I not exceed the prevailing rate for like services. The prevailing ply shall be entitled to reasonable court costs and legal fees, b39 Page 30 of