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the parties cannot agree to a mediator/arbitrator, the parties will ask JAMS<br />
(<strong>for</strong>merly known as the Judicial Arbitration and Mediation Service<br />
(www.jamsadr.com) to appoint a neutral mediator or arbitrator as appropriate.<br />
22. Applicable Law. This agreement shall be construed and en<strong>for</strong>ced in<br />
accordance with the laws of the State of Cali<strong>for</strong>nia. Venue shall take place in the<br />
County of Santa Clara, State of Cali<strong>for</strong>nia.<br />
23. Agent. The term "Agent" as used in this Agreement shall include any<br />
corporate subsidiaries or affiliates of Agent who per<strong>for</strong>m service, in, on or about<br />
the <strong>Property</strong> in connection with this Agreement.<br />
24. Attorney's Fees. If any dispute, litigation or arbitration between the parties<br />
arises out of this Agreement, the losing party in such dispute, litigation or<br />
arbitration shall pay to the prevailing party all costs of such dispute, including<br />
without limitation, reasonable attorneys' fees.<br />
25. Non-Waiver. No delay or failure by either party to exercise any right under<br />
this Agreement, and no partial or single exercise of that right, shall constitute a<br />
waiver of that or any other right, unless otherwise expressly provided in this<br />
Agreement.<br />
26. Headings. All headings in this Agreement are <strong>for</strong> convenience only and<br />
shall not be used to interpret or construe its provisions.<br />
OWNER: ________________ AGENT: ___________________________<br />
By: _____________________ By:________________________________<br />
Title: Title:<br />
Date: Date:<br />
<strong>Property</strong> <strong>Management</strong> Agreement 18<br />
December 2010
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