REFERENCE PROCEEDING. 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 OF THIS
PARAGRAPH 43. IN THIS REGARD, THE PARTIES AGREE THAT THE PARTIES AND THE REFEREE
SHALL USE BEST EFFORTS TO ENSURE THAT (A) DISCOVERY BE
CONDUCTED FOR A PERIOD NO LONGER THAN 6 MONTHS FROM THE DATE THE REFEREE IS
APPOINTED, EXCLUDING MOTIONS REGARDING DISCOVERY, AND (B) A TRIAL DATE
BE SET WITHIN 9 MONTHS OF THE DATE THE REFEREE IS APPOINTED. IN ACCORDANCE WITH
SECTION 644 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE, THE DECISION OF THE
REFEREE UPON THE WHOLE ISSUE MUST STAND AS THE DECISION OF THE COURT, AND UPON
THE FILING OF THE STATEMENT OF DECISION WITH THE CLERK OF THE COURT, OR WITH THE
JUDGE IF THERE IS NO CLERK, JUDGMENT MAY BE ENTERED THEREON IN THE SAME MANNER
AS IF THE ACTION HAD BEEN TRIED BY THE COURT. 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 SUPERIOR COURT IN WHICH VENUE IS PROPER
HEREUNDER. THE REFEREE SHALL IN HIS/HER STATEMENT OF DECISION SET FORTH HIS/HER
FINDINGS OF FACT AND CONCLUSIONS OF LAW. THE PARTIES INTEND THIS GENERAL
REFERENCE AGREEMENT TO BE SPECIFICALLY ENFORCEABLE IN ACCORDANCE WITH THE CODE
OF CIVIL PROCEDURE. NOTHING IN THIS PARAGRAPH 43 SHALL PREJUDICE THE RIGHT OF
ANY PARTY TO OBTAIN PROVISIONAL RELIEF OR OTHER EQUITABLE REMEDIES FROM A COURT
OF COMPETENT JURISDICTION AS SHALL OTHERWISE BE AVAILABLE UNDER
THE CODE OF CIVIL PROCEDURE AND/OR APPLICABLE COURT RULES. [REMAINDER OF PAGE
INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the Lease
Date set forth in the Basic Lease Information.
LANDLORD
TENANT
BAY MEADOWS STATION 2 INVESTORS, LLC, a Delaware limited liability company
By: Name: Title:
Dated: , 2017
GUIDEWIRE SOFTWARE, INC.
a Delaware corporation
By: Name: Title:
Dated: , 2017