Common use of Trial Testimony Clause in Contracts

Trial Testimony. Upon reasonable notice, HIAMS shall make reasonable efforts to provide, for trial testimony, if necessary, up to eight (8) persons from among the persons who have been interviewed or deposed pursuant to Paragraph 8(b) and (c) of this Appendix A, or otherwise deposed in the MDL Litigation, as referenced in Paragraph 7 of this Appendix A, whom the parties reasonably and in good faith believe possess knowledge of facts or information that would reasonably assist Direct Purchaser Plaintiff in the prosecution of the claims for the Preliminarily Approved Collective Released Parts in the MDL Litigation. HIAMS shall not be required to make any individual available to testify more than once in any case. Direct Purchaser Plaintiff shall reimburse HIAMS for such witness’s economy class fares and $450 per day for lodging and expenses. The maximum reimbursement to HIAMS for any witness shall be $2,250. In no event shall Direct Purchaser Plaintiff be responsible for reimbursing such person for time or services rendered. Nothing in this provision shall prevent HIAMS from objecting to the reasonableness of the identity and number of persons selected by 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) to appear for interviews, for depositions, or as trial witnesses.