1991 AGN FEB 05 I11 - Laserfiche WebLink

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91-119289 6. Injunctive Relief and Damages. In the event of any breach or threatened breach of any provision of this Agreement, either party may prosecute any proceedings at law or in equity to enjoin such breach or threatened breach or to recover damages for any such breach. 7. Reference. The parties understand that disputes may arise in connection with the interpretation and implementation of this Agreement, and that delays in resolving such disputes will materially and adversely affect both parties. In view of the foregoing, Developer and City hereby agree as follows: 7.1 Any controversy, breach or dispute arising out of this Agreement, or relating to the interpretation or enforcement of any term or provision of this Agreement, shall be heard by a reference pursuant to the provisions of the California Code of Civil Procedure §§638 - 645.1, inclusive. 7.2 The parties shall promptly and diligently cooperate with one another and the referee, and shall perform such acts as may be necessary to obtain a prompt and expeditious resolution of the dispute or controversy in accordance with the terms hereof. 7.3 The parties agree that the referee shall have the power to decide all issues of fact and law and report his/her decision thereon, and to issue all legal and equitable relief appropriate under the circumstances of the controversy before him/her. 7.4 The parties shall agree upon a single referee who shall then try all issues, whether of fact or law, and report a finding and judgment thereon. If the parties are unable to agree upon a referee within ten (10) days of a written request to do so by any party, then any party may thereafter seek to have a referee appointed pursuant to the California Code of Civil Procedure §§ 638 and 640. 7.5 The cost of such proceeding shall initially be borne equally by the parties to the dispute. However, the prevailing party in such proceeding shall be entitled, in addition to all other costs, to recover its contribution for the cost of the reference as an item of recoverable costs. 8. Attorneys Fees. If any proceeding is brought to adjudicate a dispute between the parties, the prevailing party shall be entitled to recover actual attorneys' fees and costs. These fees and costs may be set by the referee in the same action or in a separate action brought for that purpose and such fees and costs shall be in addition to any other relief to which the prevailing party may be entitled. In addition, the prevailing party shall be entitled to recover from the other party the following expenses: Fees for the referee paid and/or incurred by the prevailing party; fees or experts for consulting or testifying AJF/2013O/1H3Z0022.WPO -3- 12/26/90