Common use of Depositions Clause in Contracts

Depositions. Upon reasonable notice after the all of the Preliminary Approval Motions have been granted or denied in all of the Collective Actions, the DENSO Defendants shall, at Direct Purchaser Plaintiff(s)’ request, make their reasonable efforts (1) to make available to appear for deposition up to eight (8) persons who Settlement Class Counsel and settlement class counsel for the End Payor Plaintiffs and Automobile Dealership Plaintiffs (to the extent the End Payor Plaintiffs and Automobile Dealership Plaintiffs remain in the Collective Actions in which the Preliminary Approval Motions have been granted) select from among the same eight (8) persons who have been chosen for interviews pursuant to Paragraph 7(b) of this Appendix A, and (2) to provide up to eight (8) declarations/affidavits from the same persons who have been chosen for interviews and depositions pursuant to Paragraphs 7(b) and (c) of this Appendix A, provided, however, that the DENSO Defendants shall not be obligated to make available more than five (5) persons for deposition in any individual Action. If the DENSO Defendants are unable to make those same persons available for depositions then Settlement Class Counsel may select another person. The DENSO Defendants shall use their reasonable efforts to make that person available, and that person would then count towards the eight (8) person deposition limit. Each deposition shall be conducted at a mutually agreed upon date and time and shall each be limited to a total of seven (7) hours over one (1) day. To the extent that the person to be deposed requests an interpreter, the deposition shall be limited to a total of twelve (12) hours, which would occur over two (2) consecutive days at the request of the deponent. Written notice by Settlement Class Counsel to the DENSO Defendants’ counsel shall constitute sufficient service of notice for such depositions. Nothing in this provision shall prevent the DENSO Defendants from objecting to the reasonableness of the identity and number of persons selected by Settlement Class Counsel and settlement class counsel for End Payor Plaintiffs and Automobile Dealership Plaintiffs to appear for interviews, for depositions, or as trial witnesses.

Depositions. Upon reasonable notice Promptly after the all entry of the Preliminary Approval Motions have been granted or denied in all Order by the Court, upon reasonable notice and upon satisfaction of the Collective Actionsprovisions of ¶ 11(d) as to the availability of certain individuals, and in coordination with, and if possible and practicable at the same time as made to, Indirect Purchaser Class Plaintiffs’ Interim Lead Counsel and counsel for one or more “Direct Action” Plaintiffs, the DENSO Individual Settling Parties shall make themselves available and Voluntary Dismissal Defendants shallshall make available for truthful deposition(s) in the Action up to three (3) additional current officers, at Direct Purchaser Plaintiff(s)directors or employees of each of the Voluntary Dismissal Defendants (other than Individual Settling Parties) as may be requested by Class Plaintiffs’ Interim Lead Counsel. At Class Plaintiffs’ Interim Co-Lead Counsel’s request, make their reasonable efforts (1) Voluntary Dismissal Defendants will meet and confer regarding any individuals in addition to make available to appear for deposition up to eight (8) persons who Settlement Class Counsel and settlement class counsel for those set forth above, but failing agreement the End Payor Plaintiffs and Automobile Dealership Plaintiffs (to parties will seek resolution by the extent the End Payor Plaintiffs and Automobile Dealership Plaintiffs remain in the Collective Actions in which the Preliminary Approval Motions have been granted) select from among the same eight (8) persons who have been chosen for interviews pursuant to Paragraph 7(b) of this Appendix A, and (2) to provide up to eight (8) declarations/affidavits from the same persons who have been chosen for interviews and depositions pursuant to Paragraphs 7(b) and (c) of this Appendix A, provided, however, that the DENSO Defendants shall not be obligated to make available more than five (5) persons for deposition in any individual Action. If the DENSO Defendants are unable to make those same persons available for depositions then Settlement Class Counsel may select another person. The DENSO Defendants shall use their reasonable efforts to make that person available, and that person would then count towards the eight (8) person deposition limit. Each deposition shall be conducted at a mutually agreed upon date and time and shall each be limited to a total of seven (7) hours over one (1) day. To the extent that the person to be deposed requests an interpreter, the deposition shall be limited to a total of twelve (12) hours, which would occur over two (2) consecutive days at the request of the deponentCourt. Written notice by Settlement Class Plaintiffs’ Interim Co-Lead Counsel to the DENSO upon Voluntary Dismissal Defendants’ counsel shall constitute sufficient service of notice for such depositions. Nothing Voluntary Dismissal Defendants shall use commercially reasonable efforts to assist Class Plaintiffs’ Interim Co-Lead Counsel in arranging the deposition of former officers and employees of Voluntary Dismissal Defendants. Notwithstanding any other provision of this provision Agreement, in the event that Voluntary Dismissal Defendants believe that Class Plaintiffs’ Interim Co- Lead Counsel has unreasonably designated any current officer or employee for deposition, the parties agree to meet and confer regarding such designation and seek resolution from the Court if necessary. Other than its own legal fees, Voluntary Dismissal Defendants and Individual Settling Parties shall prevent the DENSO not be responsible for any expenses associated with depositions of current or former directors, officers or employees. In any event, in designating those current officers and employees of Voluntary Dismissal Defendants from objecting to the reasonableness of the identity and number of persons selected by Settlement Class Counsel and settlement class counsel for End Payor Plaintiffs and Automobile Dealership Plaintiffs to appear for interviews, for depositions, Class Plaintiffs’ Interim Co-Lead Counsel shall communicate with counsel for any other Plaintiff or as trial witnessesPlaintiff Class with whom the Voluntary Dismissal Defendants have reached an agreement of dismissal or settlement. In the event that Class Plaintiffs’ Interim Co-Lead Counsel and counsel for any other Plaintiff or Plaintiff Class in the Action designate the same individual for deposition, that individual so designated shall only be made available for a single deposition.