PROVISIONS OF THIS
LEASE.
THE ARBITRATOR'S DECISION SHALL BE BASED ON THE EVIDENCE INTRODUCED AT
THE HEARING, INCLUDING ALL LOGICAL AND REASONABLE INFERENCES THEREFROM.
THE
ARBITRATOR MAY MAKE ANY DETERMINATION, AND/OR GRANT ANY REMEDY OR RELIEF (AN
"ARBITRATION AWARD") THAT IS JUST AND EQUITABLE.
THE DECISION MUST BE BASED ON,
AND ACCOMPANIED BY, A WRITTEN STATEMENT OF DECISION EXPLAINING THE FACTUAL AND
LEGAL BASIS FOR THE DECISION AS TO EACH OF THE PRINCIPAL CONTROVERTED ISSUES.
THE DECISION SHALL BE CONCLUSIVE AND BINDING, AND IT MAY THEREAFTER BE CONFIRMED
AS A JUDGMENT BY THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, SUBJECT ONLY TO
CHALLENGE ON THE GROUNDS SET FORTH IN THE CALIFORNIA CODE OF CIVIL PROCEDURE
SECTION 1286.2.
THE VALIDITY AND ENFORCEABILITY OF THE ARBITRATOR'S DECISION IS
TO BE DETERMINED EXCLUSIVELY BY THE CALIFORNIA COURTS PURSUANT TO THE TERMS AND
CONDITIONS OF THIS LEASE.
THE
51
ARBITRATOR SHALL AWARD COSTS, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, AND
EXPERT AND WITNESS COSTS, TO THE PREVAILING PARTY AS DEFINED IN CALIFORNIA CODE
OF CIVIL PROCEDURE SECTION 1032 ("PREVAILING PARTY"), IF ANY, AS DETERMINED BY
THE ARBITRATOR IN HIS DISCRETION.
THE ARBITRATOR'S FEES AND COSTS SHALL BE PAID
BY THE NON-PREVAILING PARTY AS DETERMINED BY THE ARBITRATOR IN HIS DISCRETION.
A PARTY SHALL BE DETERMINED BY THE ARBITRATOR TO BE THE PREVAILING PARTY IF ITS
PROPOSAL FOR THE RESOLUTION OF DISPUTE IS THE CLOSER TO THAT ADOPTED BY THE
ARBITRATOR.
29.35
OFFICE AND COMMUNICATIONS SERVICES.
29.35.1
THE PROVIDER.
LANDLORD HAS ADVISED TENANT THAT CERTAIN OFFICE
AND COMMUNICATIONS SERVICES MAY BE OFFERED TO TENANTS OF THE BUILDING BY A
CONCESSIONAIRE UNDER CONTRACT TO LANDLORD ("PROVIDER").
TENANT SHALL BE
PERMITTED TO CONTRACT WITH PROVIDER FOR THE PROVISION OF ANY OR ALL OF SUCH
SERVICES ON SUCH TERMS AND CONDITIONS AS TENANT AND PROVIDER MAY AGREE.
29.35.2
OTHER TERMS.
TENANT ACKNOWLEDGES AND AGREES THAT:
(I) LANDLORD
HAS MADE NO WARRANTY OR REPRESENTATION TO TENANT WITH RESPECT TO THE
AVAILABILITY OF ANY SUCH SERVICES, OR THE QUALITY, RELIABILITY OR SUITABILITY
THEREOF; (II) THE PROVIDER IS NOT ACTING AS THE AGENT OR REPRESENTATIVE OF
LANDLORD IN THE PROVISION OF SUCH SERVICES, AND LANDLORD SHALL HAVE NO LIABILITY
OR RESPONSIBILITY FOR ANY FAILURE OR INADEQUACY OF SUCH SERVICES, OR ANY
EQUIPMENT OR FACILITIES USED IN THE FURNISHING THEREOF, OR ANY ACT OR OMISSION
OF PROVIDER, OR ITS AGENTS, EMPLOYEES, REPRESENTATIVES, OFFICERS OR CONTRACTORS;
(III) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, LANDLORD SHALL HAVE NO
RESPONSIBILITY OR LIABILITY FOR THE INSTALLATION, ALTERATION, REPAIR,
MAINTENANCE, FURNISHING, OPERATION, ADJUSTMENT OR REMOVAL OF ANY SUCH SERVICES,
EQUIPMENT OR FACILITIES; AND (IV) ANY CONTRACT OR OTHER AGREEMENT BETWEEN TENANT
AND PROVIDER SHALL BE INDEPENDENT OF THIS LEASE, THE OBLIGATIONS OF TENANT
HEREUNDER, AND THE RIGHTS OF LANDLORD HEREUNDER, AND, WITHOUT LIMITING THE
FOREGOING, NO DEFAULT OR FAILURE OF PROVIDER WITH RESPECT TO ANY SUCH SERVICES,
EQUIPMENT OR FACILITIES, OR UNDER ANY CONTRACT OR AGREEMENT RELATING THERETO,
SHALL HAVE ANY EFFECT ON THIS LEASE OR GIVE TO TENANT ANY OFFSET OR DEFENSE TO
THE FULL