Common use of Discovery and Certain Other Matters Clause in Contracts

Discovery and Certain Other Matters. (a) Any party involved in a Dispute subject to this Article V may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 to be adjourned except upon consent of all parties involved in the applicable Dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of the parties involved in the applicable Dispute. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will be determined by written agreement of the parties involved in the applicable Dispute or, failing such agreement, will be referred to the arbitrators for resolution. All discovery requests will be subject to the parties’ rights (and the rights of any witness) to claim any applicable Privilege. The arbitrators will adopt procedures to protect the proprietary rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Law). Subject to the foregoing, the arbitrators shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 5 contracts

Samples: Master Separation Agreement (Seventy Seven Energy Inc.), Separation and Distribution Agreement (Greatbatch, Inc.), Separation and Distribution Agreement (Nuvectra Corp)

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Discovery and Certain Other Matters. (a) Any party involved in a Dispute subject to this Article V the applicable dispute may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery (which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 8.5 to be adjourned except upon consent of all parties involved in the applicable Dispute dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Interrogatories Depositions, interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of the parties involved in the applicable Disputedispute. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will shall be determined by written agreement of the parties involved in the applicable Dispute dispute or, failing such agreement, will be referred to the arbitrators arbitrator for resolution. All discovery requests will be subject to the proprietary rights and rights of privilege of the parties’ rights (, and the rights of any witness) to claim any applicable Privilege. The arbitrators arbitrator will adopt procedures to protect the proprietary such rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawlaw). Subject to the foregoing, the arbitrators arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 5 contracts

Samples: Separation Agreement (DSP Group Inc /De/), Separation Agreement (Ceva Inc), Separation Agreement (Ceva Inc)

Discovery and Certain Other Matters. (a) Any party involved in a Dispute subject to this Article V the applicable dispute may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery (which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 8.5 to be adjourned except upon consent of all parties involved in the applicable Dispute dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Interrogatories Depositions, interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of the parties involved in the applicable Disputedispute. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will be determined by written agreement of the parties involved in the applicable Dispute dispute or, failing such agreement, will be referred to the arbitrators arbitrator for resolution. All discovery requests will be subject to the proprietary rights and rights of privilege of the parties’ rights (, and the rights of any witness) to claim any applicable Privilege. The arbitrators arbitrator will adopt procedures to protect the proprietary such rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawlaw). Subject to the foregoing, the arbitrators arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 5 contracts

Samples: Separation and Distribution Agreement (Creative Computers Inc), Separation Agreement (Net2phone Inc), Separation Agreement (Idt Corp)

Discovery and Certain Other Matters. (a) Any party involved in a Dispute subject to this Article V the applicable dispute may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery (which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 11.5 to be adjourned except upon consent of all parties involved in the applicable Dispute dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Interrogatories Depositions, interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of the parties involved in the applicable Disputedispute. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will be determined by written agreement of the parties involved in the applicable Dispute dispute or, failing such agreement, will be referred to the arbitrators arbitrator for resolution. All discovery requests will be subject to the parties' rights (and the rights of any witness) to claim any applicable Privilegeprivilege. The arbitrators arbitrator will adopt procedures to protect the proprietary rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawlaw). Subject to the foregoing, the arbitrators arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 3 contracts

Samples: Separation and Distribution Agreement (Republic Services Inc), Separation and Distribution Agreement (Republic Industries Inc), Separation and Distribution Agreement (Republic Services Inc)

Discovery and Certain Other Matters. (a) Any party involved in a the applicable Dispute subject to this Article V may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 8.5 to be adjourned adjourned, except upon consent of all parties involved in the applicable Dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Interrogatories Depositions, interrogatories or other forms of discovery (other than the document production and depositions set forth described above) shall not occur except by consent of the parties involved in the applicable Dispute. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will be determined by written agreement of the parties involved in the applicable Dispute or, failing such agreement, will be referred to the arbitrators for resolutionarbitrator. All discovery requests will be subject to the parties' rights (and the rights of any witness) to claim any applicable Privilegeprivilege. The arbitrators arbitrator will adopt procedures to protect the proprietary rights of the parties and to maintain the confidential treatment confidentiality of the arbitration proceedings (except as may be required to the extent permissible by Lawlaw). Subject to the foregoing, the arbitrators arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claimDispute.

Appears in 3 contracts

Samples: Separation and Distribution Agreement (Anc Rental Corp), Separation and Distribution Agreement (Autonation Inc /Fl), Separation and Distribution Agreement (Anc Rental Corp)

Discovery and Certain Other Matters. (a) Discovery procedures available in litigation before the courts shall not apply in any arbitration proceedings hereunder. Any party Party involved in a Dispute subject to this Article V the applicable dispute, controversy or claim may request limited document production from the other party Party or parties Parties of specific and expressly demonstrably relevant documents, with the reasonable expenses of the producing party Party or Parties incurred in such production paid by the requesting partyParty. Any such discovery shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 12.05 to be adjourned except upon consent of all parties involved in the applicable Dispute both Parties or upon an extraordinary a showing of good cause demonstrating that such adjournment is necessary to permit discovery essential to a party Party to the proceeding. Interrogatories Depositions, interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of the parties all Parties involved in the applicable Disputedispute, controversy or claim. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will be determined by written agreement of the parties involved in the applicable Dispute or, failing such agreement, will be referred to the arbitrators arbitrator for resolution. All discovery requests will be subject to the partiesParties’ rights (and the rights of any witness) to claim any applicable Privilegeprivilege. The arbitrators arbitrator will adopt procedures to protect the proprietary rights of the parties Parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawapplicable law). Subject to the foregoing, the arbitrators arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 3 contracts

Samples: Separation and Distribution Agreement (Post Holdings, Inc.), Separation and Distribution Agreement (Ralcorp Holdings Inc /Mo), Separation and Distribution Agreement (Post Holdings, Inc.)

Discovery and Certain Other Matters. (a) Any party involved in a Dispute subject to this Article V may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery (under which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 4.03 of Article IV of this Agreement to be adjourned except upon consent of all both parties involved in the applicable Dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Interrogatories Depositions, interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by be permitted only upon an extraordinary showing that such discovery is essential to a party to the proceeding or upon consent of the parties involved in the applicable Dispute. Disputes concerning the scope of discovery (including document production or depositions and enforcement of the document production or deposition requests requests) will be determined by written agreement of the parties involved in the applicable Dispute or, failing such agreement, will be referred to the arbitrators arbitrator for resolution. All discovery requests will be subject to the parties' rights (and the rights of any witness) to claim any applicable Privilegeprivilege. The arbitrators arbitrator will adopt procedures to protect the proprietary rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawlaw). Subject to the foregoing, the arbitrators arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claimdiscovery.

Appears in 3 contracts

Samples: Dispute Resolution Agreement (Gencorp Inc), Dispute Resolution Agreement (Omnova Solutions Inc), Dispute Resolution Agreement (Omnova Solutions Inc)

Discovery and Certain Other Matters. (a) Any party involved in a Dispute dispute, controversy, or claim subject to this Article V VI, including, but not limited to, a dispute, controversy, or claim pursuant to Section 6.7(a) may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery shall be conducted in accordance with the International Bar Association Rules on the Taking of Evidence in International Commercial Arbitration, subject to the discretion of the arbitrators. Any such discovery shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 to be adjourned except upon consent of all parties involved in the applicable Dispute dispute, controversy, or claim or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of the parties involved in the applicable Dispute. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will be determined by written agreement of the parties involved in the applicable Dispute dispute, controversy, or claim or, failing such agreement, will be referred to the arbitrators for resolution. All discovery requests will be subject to the parties’ rights (and the rights of any witness) to claim any applicable Privilegeprivilege. The arbitrators will adopt procedures to protect the proprietary rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawlaw). Subject to the foregoing, the arbitrators shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy controversy, or claim.

Appears in 3 contracts

Samples: Separation and Distribution Agreement (Lone Pine Resources Inc.), Separation and Distribution Agreement (Lone Pine Resources Inc.), Separation and Distribution Agreement (Lone Pine Resources Inc.)

Discovery and Certain Other Matters. (a) Any party involved in a Dispute subject to this Article V the applicable dispute may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery (which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 10.5 to be adjourned except upon consent of all parties involved in the applicable Dispute dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Interrogatories Depositions, interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of the parties involved in the applicable Disputedispute. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will be determined by written agreement of the parties involved in the applicable Dispute dispute or, failing such agreement, will be referred to the arbitrators arbitrator for resolution. All discovery requests will be subject to the proprietary rights and rights of privilege of the parties’ rights (, and the rights of any witness) to claim any applicable Privilege. The arbitrators arbitrator will adopt procedures to protect the proprietary such rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawlaw). Subject to the foregoing, the arbitrators arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 3 contracts

Samples: Master Separation and Distribution Agreement (Ecost Com Inc), Master Separation and Distribution Agreement (Pc Mall Inc), Master Separation and Distribution Agreement (Ecost Com Inc)

Discovery and Certain Other Matters. (a) Any party Party involved in a Dispute subject to this Article V the applicable dispute may request limited document production from the other party or parties Party of specific and expressly relevant documents, with the reasonable expenses of the producing party Party incurred in such production paid by the requesting partyParty. Any such discovery (which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 15.5 to be adjourned except upon consent of all parties involved in of the applicable Dispute Parties or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party Party to the proceeding. Interrogatories Depositions, interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of all of the parties involved in the applicable DisputeParties. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will be determined by written agreement of the parties involved in the applicable Dispute Parties or, failing such agreement, will be referred to the arbitrators arbitrator for resolution. All discovery requests will be subject to the parties’ Parties' rights (and the rights of any witness) to claim any applicable Privilegeprivilege. The arbitrators arbitrator will adopt procedures to protect the proprietary rights of the parties Parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawlaw). Subject to the foregoing, the arbitrators arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 3 contracts

Samples: Shared Services Agreement (Voyager Group Inc/Ca/), Shared Services Agreement (Eloyalty Corp), Shared Services Agreement (Eloyalty Corp)

Discovery and Certain Other Matters. (a) Any party Either Party involved in a Dispute subject to this Article V the applicable dispute, controversy or claim may request limited document production from the other party or parties Party of specific and expressly relevant documents, with the reasonable expenses of the producing party Party incurred in such production paid by the requesting partyParty. Any such discovery (which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 13.5 to be adjourned except upon consent of all parties involved in the applicable Dispute both Parties or upon an extraordinary a showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party Party to the proceeding. Interrogatories Depositions, interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of the parties involved in the applicable Disputeboth Parties. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will be determined by written agreement of the parties involved in the applicable Dispute Parties or, failing such agreement, will be referred to the arbitrators arbitrator(s) for resolution. All discovery requests will be subject to the partiesParties’ rights (and the rights of any witness) to claim any applicable Privilegeprivilege. The arbitrators arbitrator(s) will adopt procedures to protect the proprietary rights of the parties Parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawlaw). Subject to the foregoing, the arbitrators arbitrator(s) shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 3 contracts

Samples: Separation and Distribution Agreement (Western Union CO), Separation and Distribution Agreement (Western Union CO), Separation and Distribution Agreement (Western Union CO)

Discovery and Certain Other Matters. (a) Any party involved in a Dispute dispute subject to this Article V VIII may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery (which right to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 8.5 to be adjourned except upon consent of all parties involved in the applicable Dispute dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Interrogatories Depositions, interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of the parties involved in the applicable Disputedispute. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will be determined by written agreement of the parties involved in the applicable Dispute dispute or, failing such agreement, will be referred to the arbitrators arbitrator for resolution. All discovery requests will be subject to the parties' rights (and the rights of any witness) to claim any applicable Privilegeprivilege. The arbitrators arbitrator will adopt procedures to protect the proprietary rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawlaw). Subject to the foregoing, the arbitrators arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 2 contracts

Samples: Master Separation Agreement (Plains Resources Inc), Master Separation Agreement (Plains Exploration & Production Co L P)

Discovery and Certain Other Matters. (a) Discovery procedures available in litigation before the courts shall not apply in any arbitration proceedings hereunder. Any party Party involved in a Dispute subject to this Article V the applicable dispute, controversy or claim may request limited document production from the other party Party or parties Parties of specific and expressly relevant documents, with the reasonable expenses of the producing party Party or Parties incurred in such production paid by the requesting partyParty. Any such discovery shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 12.5 to be adjourned except upon consent of all parties involved in the applicable Dispute both Parties or upon an extraordinary a showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party Party to the proceeding. Interrogatories Depositions, interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of the parties all Parties involved in the applicable Disputedispute, controversy or claim. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will be determined by written agreement of the parties involved in the applicable Dispute or, failing such agreement, will be referred to the arbitrators arbitrator for resolution. All discovery requests will be subject to the partiesParties’ rights (and the rights of any witness) to claim any applicable Privilegeprivilege. The arbitrators arbitrator will adopt procedures to protect the proprietary rights of the parties Parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawapplicable law). Subject to the foregoing, the arbitrators arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 2 contracts

Samples: Separation and Distribution Agreement (Marathon Petroleum Corp), Separation and Distribution Agreement (Marathon Petroleum Corp)

Discovery and Certain Other Matters. (a) Any party Party involved in a Dispute subject to this Article V the applicable dispute may request limited document production from the other party or parties Party of specific and expressly relevant documents, with the reasonable expenses of the producing party Party incurred in such production paid by the requesting partyParty. Any such discovery (which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 13.5 to be adjourned except upon consent of all parties involved in of the applicable Dispute Parties or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party Party to the proceeding. Interrogatories Depositions, interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of all of the parties involved in the applicable DisputeParties. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will be determined by written agreement of the parties involved in the applicable Dispute Parties or, failing such agreement, will be referred to the arbitrators arbitrator for resolution. All discovery requests will be subject to the parties’ Parties' rights (and the rights of any witness) to claim any applicable Privilegeprivilege. The arbitrators arbitrator will adopt procedures to protect the proprietary rights of the parties Parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawlaw). Subject to the foregoing, the arbitrators arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 2 contracts

Samples: Reorganization Agreement (Eloyalty Corp), Reorganization Agreement (Eloyalty Corp)

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Discovery and Certain Other Matters. (a) Any party involved in a Dispute dispute, controversy or claim subject to this Article V VII may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery shall be conducted in accordance with the International Bar Association Rules on the Taking of Evidence in International Commercial Arbitration, subject to the discretion of the arbitrators. Any such discovery shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 to be adjourned except upon consent of all parties involved in the applicable Dispute dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of the parties involved in the applicable Dispute. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will be determined by written agreement of the parties involved in the applicable Dispute dispute or, failing such agreement, will be referred to the arbitrators for resolution. All discovery requests will be subject to the parties’ rights (and the rights of any witness) to claim any applicable Privilegeprivilege. The arbitrators will adopt procedures to protect the proprietary rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawlaw). Subject to the foregoing, the arbitrators shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 2 contracts

Samples: Master Separation Agreement (Kbr, Inc.), Master Separation Agreement (Halliburton Co)

Discovery and Certain Other Matters. (a) Any party involved in a Dispute dispute, controversy or claim subject to this Article V VII may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery shall be conducted in accordance with the International Bar Association Rules on the Taking of Evidence in International Commercial Arbitration, subject to the discretion of the arbitrators. Any such discovery shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 to be adjourned except upon consent of all parties involved in the applicable Dispute dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of the parties involved in the applicable Dispute. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will be determined by written agreement of the parties involved in the applicable Dispute dispute or, failing such agreement, will be referred to the arbitrators for resolution. All discovery requests will be subject to the parties’ rights (and the rights of any witness) to claim any applicable Privilegeprivilege. The arbitrators will adopt procedures to protect the proprietary rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawlaw). Subject to the foregoing, the arbitrators shall have the power to issue subpoenas to compel the production of or documents relevant to the dispute, controversy or claim.

Appears in 1 contract

Samples: Master Separation Agreement (Kbr, Inc.)

Discovery and Certain Other Matters. (a) Any In addition to its rights of access to Information under Article VI of this Agreement and any other rights to Information provided for in this Agreement or an Other Agreement, any party involved in a Dispute subject to this Article V the applicable dispute may request limited document production from the other party or parties at any time following the original meeting request of specific relevant documents containing Information developed after the Distribution Date and expressly relevant documentswhich Information would not otherwise be available under Article VI, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery (which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 7.05 to be adjourned except upon consent of all parties involved in the applicable Dispute dispute or upon an extraordinary a showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Interrogatories Depositions, interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of the parties involved in the applicable Disputedispute. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will be determined by written agreement of the parties involved in the applicable Dispute dispute or, failing such agreement, will be referred to the arbitrators arbitrator for resolution. All discovery requests for Information developed after the Distribution Date will be subject to the parties' rights (and the rights of any witness) to claim any applicable Privilegeprivilege. The arbitrators will adopt procedures to protect the proprietary rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Law). Subject In addition to the foregoing, the arbitrators shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.parties

Appears in 1 contract

Samples: Distribution Agreement (Queeny Chemical Co)

Discovery and Certain Other Matters. (a) Any party Party involved in a Dispute subject to this Article V the applicable dispute may request limited document production from the other party or parties Party of specific and expressly relevant documents, with the reasonable expenses of the producing party Party incurred in such production paid by the requesting partyParty. Any such discovery (which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 13.5 to be adjourned except upon consent of all parties involved in of the applicable Dispute Parties or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party Party to the proceeding. Interrogatories Depositions, interrogatories, or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of all of the parties involved in the applicable DisputeParties. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will be determined by written agreement of the parties involved in the applicable Dispute Parties or, failing such agreement, will be referred to the arbitrators arbitrator for resolution. All discovery requests will be subject to the parties’ Parties' rights (and the rights of any witness) to claim any applicable Privilegeprivilege. The arbitrators arbitrator will adopt procedures to protect the proprietary rights of the parties Parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawlaw). Subject to the foregoing, the arbitrators arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy controversy, or claim.

Appears in 1 contract

Samples: Reorganization Agreement (Voyager Group Inc/Ca/)

Discovery and Certain Other Matters. (a) Any party Party involved in a Dispute subject to this Article V the applicable dispute may request limited document production from the other party or parties Party of specific and expressly relevant documents, with the reasonable expenses of the producing party Party incurred in such production paid by the requesting partyParty. Any such discovery (which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 15.5 to be adjourned except ------------ upon consent of all parties involved in of the applicable Dispute Parties or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party Party to the proceeding. Interrogatories Depositions, interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of all of the parties involved in the applicable DisputeParties. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will be determined by written agreement of the parties involved in the applicable Dispute Parties or, failing such agreement, will be referred to the arbitrators arbitrator for resolution. All discovery requests will be subject to the parties’ Parties' rights (and the rights of any witness) to claim any applicable Privilegeprivilege. The arbitrators arbitrator will adopt procedures to protect the proprietary rights of the parties Parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawlaw). Subject to the foregoing, the arbitrators arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 1 contract

Samples: Shared Services Agreement (Technology Solutions Company)

Discovery and Certain Other Matters. (a) Any party involved in a Dispute dispute subject to this Article V VI may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. The right to documents permitted herein shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure. Any such discovery shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 6.5 to be adjourned except upon consent of all parties involved in the applicable Dispute dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Interrogatories Depositions, interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of the parties involved in the applicable Disputedispute. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will be determined by written agreement of the parties involved in the applicable Dispute dispute or, failing such agreement, will be referred to the arbitrators arbitrator for resolution. All discovery requests will be subject to the parties' rights (and the rights of any witness) to claim any applicable Privilegeprivilege. The arbitrators arbitrator will adopt procedures to protect the proprietary rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawlaw). Subject to the foregoing, the arbitrators arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 1 contract

Samples: Separation Agreement (Texas Genco Holdings Inc)

Discovery and Certain Other Matters. (a) Any party involved in a Dispute subject to this Article V may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery (under which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 4.03 of Article IV of this Agreement to be adjourned except upon consent of all both parties involved in the applicable Dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Interrogatories Depositions, interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by only be permitted upon an extraordinary showing that such discovery is essential to a party to the proceeding or upon consent of the parties involved in the applicable Dispute. Disputes concerning the scope of discovery (including document production or depositions and enforcement of the document production or deposition requests requests) will be determined by written agreement of the parties involved in the applicable Dispute or, failing such agreement, will be referred to the arbitrators arbitrator for resolution. All discovery requests will be subject to the parties' rights (and the rights of any witness) to claim any applicable Privilegeprivilege. The arbitrators arbitrator will adopt procedures to protect the proprietary rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawlaw). Subject to the foregoing, the arbitrators arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claimdiscovery.

Appears in 1 contract

Samples: Dispute Resolution Agreement (Omnova Solutions Inc)

Discovery and Certain Other Matters. (a) Any party involved in a Dispute subject to this Article V the applicable dispute may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery (which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 7.5 to be adjourned except upon consent of all parties involved in the applicable Dispute dispute or as determined by the Arbitrator upon an extraordinary a showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Interrogatories Depositions, interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of the parties involved in the applicable Disputedispute as determined by the Arbitrator. Disputes concerning discovery, the scope of document production or depositions and enforcement of the document production or deposition requests requests, will be determined by written agreement of the parties involved in the applicable Dispute dispute or, failing such agreement, will be referred to the arbitrators Arbitrator for resolution. All discovery requests will be subject to the parties' rights (and the rights of any witness) to claim any applicable Privilegeprivilege. The arbitrators Arbitrator will adopt procedures to protect the proprietary rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawlaw). Subject to the foregoing, the arbitrators Arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 1 contract

Samples: Separation and Distribution Agreement (General Signal Networks Inc)

Discovery and Certain Other Matters. (a) Any party Party involved in a Dispute subject to this Article V the applicable dispute may request limited document production from the other party or parties Party of specific and expressly relevant documents, with the reasonable expenses of the producing party Party incurred in such production paid by the requesting partyParty. Any such discovery (which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 5.5 SECTION 11.5 to be adjourned except upon consent of all parties involved in of the applicable Dispute Parties or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party Party to the proceeding. Interrogatories Depositions, interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of all of the parties involved in the applicable DisputeParties. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests will be determined by written agreement of the parties involved in the applicable Dispute Parties or, failing such agreement, will be referred to the arbitrators arbitrator for resolution. All discovery requests will be subject to the parties’ Parties' rights (and the rights of any witness) to claim any applicable Privilegeprivilege. The arbitrators arbitrator will adopt procedures to protect the proprietary rights of the parties Parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by Lawlaw). Subject to the foregoing, the arbitrators arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 1 contract

Samples: Distribution Agreement (Combined Specialty Corp)

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