Jamba Juice 2008 Annual Report Download - page 169

Throughout the arbitration process, the California rules of evidence, including privileges, shall apply to the extent not inconsistent with the Commercial
Arbitration Rules. The arbitrator(s) shall hear and determine the matter and shall execute and acknowledge the decision and any award in writing and
cause a copy of the writing to be delivered to each of the parties.
4. If there is only one arbitrator, his or her decision shall be binding and conclusive on the parties, and, if there are three arbitrators, the decision of any
two shall be binding and conclusive. A judgment confirming the award may be given by a Superior Court having jurisdiction, or that Court may
vacate, modify, or correct the award in accordance with the prevailing provision of the California Arbitration Act.
29. ATTORNEYS’ FEES
If any party to this Agreement shall bring any arbitration, action or proceeding for any relief against the other, declaratory or otherwise, arising out of this
Agreement, the losing party shall pay to the prevailing party a reasonable sum for attorney fees and costs incurred in bringing or defending such arbitration,
action or proceeding and/or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such arbitration,
action or proceeding and shall be paid whether or not such action or proceeding is prosecuted to final judgment. Any judgment or order entered in such action
or proceeding shall contain a specific provision providing for the recovery of attorney fees and costs, separate from the judgment, incurred in enforcing such
judgment. The prevailing party shall be determined by the trier of fact based upon an assessment of which party’s major arguments or positions taken in the
proceedings could fairly be said to have prevailed over the other party’s major arguments or positions on major disputed issues. For the purposes of this
Section, attorney fees shall include, without limitation, fees incurred in the following: (1) post-judgment motions; (2) contempt proceedings; (3) garnishment,
levy, and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation. This Section is intended to be expressly severable from the other
provisions of this Agreement, is intended to survive any judgment and is not to be deemed merged into the judgment.
30. NOTICES
All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by: messenger, overnight delivery service, certified mail
return receipt requested or facsimile. Postage must be fully prepaid, and it must be addressed as follows:
To Distributor: Jeff Allen
Chief Operating Officer
Southwest Traders, Inc.
27711 Diaz Road
Temecula, CA. 92590
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