Evidentiary Matters Sample Clauses

The "Evidentiary Matters" clause defines how evidence will be handled, admitted, or evaluated in the context of a legal agreement or dispute. It typically outlines the types of documents, records, or communications that are considered acceptable evidence and may specify procedures for presenting or challenging such evidence. This clause ensures that both parties have a clear understanding of what can be used to support claims or defenses, thereby reducing uncertainty and potential disputes over admissibility of evidence.
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Evidentiary Matters. 8.1 What rules of evidence (if any) apply to arbitral proceedings in South Africa? The provisions of the Act regarding arbitration proceedings are contained in Sections 14 to 22 of the Act. Generally, the rules of evidence as observed in a court of law are followed as far as possible, although an arbitrator may deviate from those rules provided that in so doing he does not disregard the substance of justice. 8.2 Are there limits on the scope of an arbitrator’s authority to order the disclosure of documents and other disclosure of discovery (including third party disclosure)? In terms of Section 14 (1) of the Act the arbitrator may: on the application of any party to a reference, unless the arbitration otherwise provides, require any party to the reference, subject to any legal objection, to make discovery of documents by way of affidavit or by answering interrogatories on oath and to produce such documents for inspection; and unless the arbitration agreement otherwise provides: subject to any legal objection, examine the parties appearing to give evidence in relation to the matters in dispute and require them to produce before the tribunal all books, documents or things within their possession or power which may be required or called for and the production of which could be compelled at the trial of an action; and/or subject to any legal objection, examine any person who has been summoned to give evidence and require the production of any book, document or thing which such person has been summoned to produce.
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Evidentiary Matters. 8.1 What rules of evidence (if any) apply to arbitral proceedings in Qatar? 8.2 Are there limits on the scope of an arbitrator’s
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Evidentiary Matters. 8.1 What rules of evidence (if any) apply to arbitral proceedings in India?
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Evidentiary Matters. The arbitral tribunal can suspend, amend or terminate an interim or conservatory measure at the request of a party, but not ex officio (Article 1692 CCP). To ensure compliance with the interim award, the arbitral tribunal can impose penalty payments (“astreinte”/“dwangsom”). An award ordering interim or conservatory measures will be enforced by the competent Court of First Instance, except for limited grounds (Article 1697 CCP). 7.2 Is a court entitled to grant preliminary or interim relief in proceedings subject to arbitration? In what circumstances? Can a party’s request to a court 8.1 What rules of evidence (if any) apply to arbitral proceedings in Belgium? 8.2 Are there limits on the scope of an arbitrator’s authority to order the disclosure of documents and other disclosure (including third party disclosure)? for relief have any effect on the jurisdiction of the arbitration tribunal?
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Evidentiary Matters. (a) Other than in respect of the first two days absence due to illness or injury in any year, a teacher shall, upon request, provide a medical certificate addressed to the School, or, if the School requires, to the school medical officer, certifying, that the teacher was not fit for work because of a personal illness or injury. Subject to subclause (b) below, where the duration of the absence is 1 day or less and consulting a doctor is not practical, a teacher may provide other evidence that would satisfy a reasonable person that the teacher was not fit for work because of a personal illness or injury. (b) Where a teacher has taken frequent single days of sick leave, or taken extended sick leave such that the school requires additional information in relation to the teacher's sickness and eligibility for sick leave, then the School may take action in accordance with this clause and subclauses (c) and (d) following: (i) The School may arrange a meeting in order to clarify the position with the teacher. (ii) The invitation to the teacher to attend the meeting shall be in writing (signed by the principal or the principal's delegate) with sufficient notice for the teacher to reasonably be able to attend the meeting. (iii) The invitation shall also refer to the provisions of this clause and shall indicate the grounds for the school's concern about sick leave taken by the teacher. The School shall invite the teacher to respond verbally at the meeting to the issues raised by the school (iv) A teacher shall not unreasonably fail to attend such a meeting where invited by the School to do so. (c) After consideration of the teacher's response, if any, the School may: (i) Require further evidence of illness or injury and the teacher's capacity for any work; and/or (ii) Require the teacher to provide a medical certificate from a doctor nominated by the School (at the school's cost) in relation to the likely period of absence and capacity for any work and/or to establish only eligibility for sick leave (and no other information); and/or (iii) Discuss with the teacher any other action. (d) Where a teacher fails to attend a meeting as requested by the School pursuant to subclause (b) of this clause and does not provide a reasonable explanation for such failure, or does not provide further evidence of illness as outlined in subclause (c) of this clause, then following written notice the school may cease payment of sick leave if the School has reasonable grounds for a belie...
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Evidentiary Matters. 7.1 What rules of evidence (if any) apply to arbitral proceedings in your country? 7.2 Are there limits on the scope of an arbitrator’s authority to order the disclosure of documents and other disclosure of discovery (including third party disclosure)? 7.3 Under what circumstances, if any, is a court able to intervene in matters of disclosure/discovery? 7.4 What is the general practice for disclosure/discovery in international arbitration proceedings? INTERNATIONAL ARBITRATION 7.5 What, if any, laws, regulations or professional rules apply to the production of written and/or oral witness testimony? For example, must witnesses be sworn in before the tribunal? Is cross-examination allowed?
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Evidentiary Matters. 7.1 What rules of evidence (if any) apply to arbitral proceedings in your country?
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Evidentiary Matters. 8.1 What rules of evidence (if any) apply to arbitral proceedings in Bulgaria? 8.2 Are there limits on the scope of an arbitrator's authority to order the disclosure of documents and other disclosure of discovery (including third party disclosure)? 8.3 Under what circumstances, if any, is a court able to intervene in matters of disclosure/discovery? 8.4 What is the general practice for disclosure / discovery in international arbitration proceedings? 8.5 What, if any, laws, regulations or professional rules apply to the production of written and/or oral witness testimony? For example, must witnesses be sworn in before the tribunal? Is cross-examination allowed? 8.6 Under what circumstances does the law of Bulgaria treat documents in an arbitral proceeding as being subject to privilege? In what circumstances is privilege deemed to have been waived?
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Evidentiary Matters. At any oral hearing of evidence in connection with the arbitration, each party thereto or its legal counsel shall have the right to examine its witnesses and to cross-examine the witnesses of any opposing party. No evidence of any witness shall be presented in any form unless the opposing party or parties shall have the opportunity to cross-examine such witness, except as the parties to the dispute otherwise agree in writing or except under extraordinary circumstances where the interests of justice require a different procedure. The question of whether the interests of justice so require shall be determined by the arbitrators.
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Related to Evidentiary Matters

  • UCC Matters Such Seller shall not change its state of organization or incorporation or its name, identity or corporate structure such that any financing statement filed to perfect the Purchaser’s interests under this Agreement would become seriously misleading, unless such Seller shall have given the Purchaser not less than thirty (30) days’ prior written notice of such change.

  • Title Matters Seller agrees to share equally with Buyer the closing costs and the cost of a title insurance company's commitment for and policy of title insurance. Buyer shall pay for any lender’s/mortgagee’s/instrument holder’s title insurance coverage. The title insurance company will furnish a copy of the commitment for title insurance and copies of all of the exception documents referred to therein (hereafter collectively referred to as the “Title Commitment”) to Seller, Buyer, Buyer’s lender and the listing/selling broker as promptly as possible. The Title Commitment shall show a merchantable title vested in Seller, subject to easements, restrictions and protective covenants of record, right-of-way’s, setbacks, tenant rights, trees, fences, ordinances and regulations, unmatured and future assessments, restrictions and protective covenants of record, provided no forfeiture provisions as contained therein, encroachments and overlaps, zoning laws, ordinances and regulations, those exceptions which are standard to a policy of title insurance in the State of Kansas or as specified herein, and those matters attaching to the title by reason of Buyer taking title to the real property. Buyer shall have a period of five (5) days following receipt of the Title Commitment (the “Objection Period”) in which to examine the Title Commitment and advise Seller in writing of any objections ("Title Objections") the Buyer may have to Seller's title as shown in the Title Commitment. Seller shall then have a period of five (5) days in which to notify Buyer in writing of those Title Objections it elects to cure. In the event Seller elects to cure less than all of the Title Objections, Buyer shall have the right to terminate this Agreement by giving Seller written notice thereof within five (5) days of its receipt of Seller's notice, in which case the ▇▇▇▇▇▇▇ Money shall be returned to Buyer, and thereafter neither party shall have any further obligation hereunder. In the event Buyer does not terminate this Agreement, Seller shall have until Closing ("Cure Period") in which to cure the Title Objections the Seller has elected to cure, which the Buyer Agrees to extend for an additional 45 days in the event Seller has initiated a lawsuit to cure the title objection or objections. Title Objections may also be cured in accordance with applicable current titled standards in the Kansas Title Standards Handbook.

  • Certain Litigation Matters The Owner Trustee shall provide prompt written notice to the Depositor, the Seller and the Servicer of any action, proceeding or investigation known to the Owner Trustee that could reasonably be expected to adversely affect the Trust or the Owner Trust Estate.

  • Privileged Matters (a) Vishay and VPG agree that their respective rights and obligations to maintain, preserve, assert or waive any or all privileges belonging to either party or the respective members of their respective Group with respect to the Vishay Business or the MGF Business, including but not limited to the attorney-client, work product privileges or any other applicable privileges (individually, a “Privilege”), shall be governed by the provisions of this Section 4.6. With respect to Privileged Information of Vishay, Vishay shall have sole authority in perpetuity to determine whether to assert or waive any or all Privileges, and VPG shall take no action (nor permit any member of its Group to take action) without the prior written consent of Vishay that could result in any waiver of any Privilege that could be asserted by Vishay or any member of its Group under Applicable Law and this Agreement. With respect to Privileged Information of VPG, VPG shall have sole authority in perpetuity to determine whether to assert or waive any or all Privileges, and Vishay shall take no action (nor permit any member of its Group to take action) without the prior written consent of VPG that could result in any waiver of any Privilege that could be asserted by VPG or any member of its Group under Applicable Law and this Agreement. The rights and obligations created by this Section 4.6 shall apply to all Information (“Privileged Information”) as to which Vishay or VPG or their respective Groups would be entitled to assert or have asserted a Privilege without regard to the effect, if any, of the Separation and the Distribution. Privileged Information of Vishay and its Group includes but is not limited to (w) any and all Information satisfying the criteria of the preceding sentence regarding the Vishay Business and its Group (other than Information satisfying the criteria of the preceding sentence relating to the MGF Business (“VPG Information”)), whether or not such Information (other than VPG Information) is in the possession of VPG or any member of its Group; and (x) all communications subject to a Privilege between counsel for Vishay (including any Person who, at the time of the communication, was an employee of Vishay or its Group in the capacity of in-house counsel, regardless of whether such employee is or becomes an employee of VPG or any member of its Group) and any Person who, at the time of the communication, was an employee of Vishay, regardless of whether such employee is or becomes an employee of VPG or any member of its Group. Privileged Information of VPG and its Group includes but is not limited to (x) any and all VPG Information, whether or not it is in the possession of Vishay or any member of its Group; and (y) all communications subject to a Privilege occurring after the Distribution between counsel for the MGF Business (including in-house counsel and former in-house counsel who are employees of Vishay) and any Person who, at the time of the communication, was an employee of VPG, any member of its Group or the MGF Business regardless of whether such employee was, is or becomes an employee of Vishay or any member of its Group. (b) Upon receipt by Vishay or VPG, or any of the members of the respective Groups, as the case may be, of any subpoena, discovery or other request from any third party that actually or arguably calls for the production or disclosure of Privileged Information of the other or if Vishay or VPG, or any of members of their respective Groups, as the case may be, obtains knowledge that any current or former employee of Vishay or VPG, as the case may be, receives any subpoena, discovery or other request from any third party that actually or arguably calls for the production or disclosure of Privileged Information of the other, Vishay or VPG, as the case may be, shall promptly notify the other of the existence of the request and shall provide the other a reasonable opportunity to review the Information and to assert any rights it may have under this Section 4.6 or otherwise to prevent the production or disclosure of Privileged Information. Vishay or VPG, as the case may be, will not, and will cause the members of their respective Groups to not, produce or disclose to any third party any of the other’s Privileged Information under this Section 4.6 unless (i) the non-disclosing party has provided its express written consent to such production or disclosure or (ii) a court of competent jurisdiction has entered an order not subject to interlocutory appeal or review (or for which the period for appeal or review has lapsed) finding that the Information is not entitled to protection from disclosure under any applicable privilege, doctrine or rule, in which case, such Information shall be subject to Section 4.5. (c) Vishay’s transfer of books and records pertaining to the MGF Business and other Information to VPG, Vishay’s agreement to permit VPG to obtain Information existing prior to the Distribution, VPG’s transfer of books and records pertaining to the Vishay Business, if any, and other Information to Vishay and VPG’s agreement to permit Vishay to obtain Information existing prior to the Distribution are made in reliance on Vishay’s and VPG’s respective agreements, as set forth in Section 4.5 and this Section 4.6, to maintain the confidentiality of such Information and to take the steps provided herein for the preservation of all Privileges that may belong to or be asserted by Vishay or VPG, as the case may be. The access to Information, witnesses and individuals being granted pursuant to Sections 4.3 and 4.4 and the disclosure to VPG and Vishay of Privileged Information relating to the MGF Business or the Vishay Business pursuant to this Agreement in connection with the Separation and Distribution shall not be asserted by Vishay or VPG to constitute, or otherwise deemed, a waiver of any Privilege that has been or may be asserted under this Section 4.6 or otherwise. Nothing in this Agreement shall operate to reduce, minimize or condition the rights granted to Vishay and VPG in, or the obligations imposed upon Vishay and VPG by, this Section 4.6.

  • Board Matters Unless otherwise determined by the vote of a majority of the directors then in office, the Board of Directors shall meet at least quarterly in accordance with an agreed-upon schedule. The Company shall reimburse the nonemployee directors for all reasonable out-of-pocket travel expenses incurred (consistent with the Company’s travel policy) in connection with attending meetings of the Board of Directors.