B. In the event that any arbitration, action, suit or other proceeding is instituted to remedy, prevent or obtain relief from a breach of this Agreement, or arising out of a breach of this Agreement, the prevailing party shall recover all of such party's reasonable attorneys' fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions. As used in this Agreement, attorneys' fees shall be deemed to mean the full and actual cost of any legal services actually performed in connection with the matters involved, calculated on the basis of the usual fees charged by the attorneys performing such services and shall not be limited to "reasonable attorneys' fees" as defined in any statute or rule of court. C. Any claim, controversy or dispute of whatever nature arising out of or concerning this Agreement shall be resolved by final and binding arbitration according to the Judicial Arbitration and Mediation Services (JAMS) Rules of Practice and Procedure then in effect, except that the parties shall be entitled to only such discovery as is permitted by Code of Civil Procedure § 1283.05 and any amendment thereto or successor statutes. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. Should any party refuse or neglect to appear or participate in arbitration proceedings, the arbitrator is empowered to decide the controversy in accordance with whatever evidence is presented. The arbitrator is authorized to award any party or parties such sums as he shall deem proper for the time, expense, including but not limited to, costs and legal fees, and trouble of arbitration. The arbitration shall be binding on the parties.
VIII. GENERAL PROVISIONS
A. Notice. Any notice required under this Agreement by either party shall be given in writing and shall be given and deemed to have been duly given if written notice is delivered by United States mail or sent via email to the assigned community manager’s email address or Board President’s address as the case may be. Notice from the Association to Management shall be addressed to: Personalized Property Management, 68-950 Adelina Road, Cathedral City, CA 92234. Notice from Management to the Association shall be addressed to the Association's Board of Directors in care of the President of Board at his or her Association address, with a courtesy copy sent to Association's attorney and other Board Members as deemed appropriate by the originator. B. Further Assurances. Each party shall execute, acknowledge and deliver such other documents and instruments as are reasonably necessary to carry out the intents and purposes of this Agreement. C. Counterparts. This Agreement may be executed in two or more counterparts; each counterpart shall be deemed an original instrument as against the party who signed it.
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VRC PPM Proposed Contract 2022 2/4/2022
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