Procedures and Discovery Sample Clauses

The Procedures and Discovery clause outlines the rules and processes by which parties exchange information and evidence relevant to a dispute or legal proceeding. It typically specifies the methods for requesting documents, conducting depositions, and submitting interrogatories, as well as timelines and limitations for these activities. By establishing a clear framework for information sharing, this clause ensures that both parties have access to necessary evidence, promoting fairness and efficiency in resolving disputes.
Procedures and Discovery. The arbitrator shall schedule a prehearing conference to reach agreement on procedural matters, arrange for the exchange of information, obtain stipulations, Channels Agreement - R 2/18/97 15 schedule the arbitration hearing, and attempt to narrow the issues. In order to expedite the arbitration proceedings, the Parties have agreed to place the following limitations on discovery: (a) Each Party may propound only one interrogatory requesting the names and addresses of the witnesses to be called at the arbitration hearing. (b) On a date to be determined at the prehearing conference, each Party may serve one request for the production of documents. The documents are to be exchanged twenty-one (21) days after service of the request. (c) Each Party may depose four (4) witnesses. Each deposition must be concluded within four (4) hours and all depositions must be taken within 60 days of the prehearing conference. Any Party deposing an opponent's expert witness must pay the expert's fee for attending the deposition.
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Procedures and Discovery. A prehearing conference must take place to reach agreement on procedural matters, arrange for the exchange of information, obtain stipulations, schedule the arbitration hearing, and attempt to narrow the issues. In order to expedite the arbitration proceedings, the parties agree to place the following limitations on discovery: (i) Each party may propound only 10 interrogatories (each subpart counting as one interrogatory) to each other party; (ii) The parties may serve document requests. Responsive documents are to be exchanged no later than 45 days after service of the request; (iii) Each party may depose up to 8 witnesses of each other party (including current and former employees and officers) and up to two non-party witnesses per each adverse party. Any party deposing an opponent’s expert witness must pay the expert’s fee for attending the deposition; and (iv) Parties may conduct additional discovery beyond the limitations of these express rules only by written stipulation or express permission from the arbitrator upon a showing of good cause.
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Procedures and Discovery. The arbitrator must schedule a prehearing conference to reach agreement on procedural matters, arrange for the exchange of information, obtain stipulations, schedule the arbitration hearing, and attempt to narrow the issues. In order to expedite the arbitration proceedings, the parties have agreed to place the following limitations on discovery: AT&T Proprietary and Confidential Use Pursuant to Company Instructions (i) Each party may propound only one interrogatory requesting the names and addresses of the witnesses to be called at the arbitration hearing; (ii) On a date to be determined at the prehearing conference, each party may serve one request for the production of documents. Ile documents are to be exchanged 21 days after service of the request; and (iii) Each party may depose 4 witnesses. Each deposition must be concluded within four hours and all depositions must be taken within 60 days of the prehearing conference. Any party deposing an opponent's expert witness must pay the expert's fee for attending the deposition.
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Procedures and Discovery. The arbitrator shall schedule a prehearing conference to reach agreement on procedural matters, arrange for the exchange of information, obtain stipulations, schedule the arbitration hearing, and attempt to narrow the issues. Either party may require the arbitration to occur on a “fast-track” basis, i.e. as soon as possible and in any event within sixty (60) days following the demand for arbitration. In order to expedite the arbitration proceedings, the parties have agreed to place the following limitations on discovery: (i) Each party may propound only one interrogatory, requesting the names and addresses of the witnesses to be called at the arbitration hearing. (ii) On a date to be determined at the prehearing conference, each party may serve one request for the production of documents. The documents are to be exchanged twenty-one (21) days after service of the request. (iii) Each party may depose up to four (4) witnesses. Each deposition must be concluded within four (4) hours and all depositions must be taken within thirty (30) days of the prehearing conference. Any party deposing an opponent's expert witness must pay the expert's fee for attending the deposition.
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Procedures and Discovery. The parties hereby agree that in any such arbitration each party shall be entitled to discovery of the other party as provided by New York Law; provided, however, any such discovery shall be completed within one (1) month from the date the last arbitrator is appointed, unless such period is extended by agreement of the parties and any disputes concerning discovery shall be determined by the arbitrator(s) with any such determination being binding on the parties. The arbitrator(s) shall apply New York substantive Law and the New York evidence Law to the proceeding. The arbitrator(s) shall have the power to grant all legal and equitable remedies and award compensatory damages provided by New York Law to the extent not inconsistent with this Agreement. The arbitrator(s) shall prepare in writing and provide to the parties an award including factual findings and the reasons on which the decision is based. The arbitrator(s) shall apply the terms of the Agreement and shall not have the power to commit errors of Law or legal reasoning. Each party shall bear its own expenses of the arbitration including, without limitation, attorney fees, and shall divide the arbitration expenses and fees equally. The parties further agree that arbitration proceedings must be instituted within the later to occur of (i) one year after the claimed breach occurred, or (ii) within one (1) year of the date that complaining party became aware of such breach and that the failure to institute arbitration proceedings within such periods shall constitute an absolute bar to the institution of any proceedings and a waiver of claims.
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Related to Procedures and Discovery

  • Inventions and Discoveries (a) Upon execution of this Agreement and thereafter, Executive shall promptly and fully disclose to the Company, and with all necessary detail for a complete understanding of the same, all existing and future developments, know-how, discoveries, inventions, improvements, concepts, ideas, writings, formulae, processes and Methods (whether copyrightable, patentable or otherwise) made, received, conceived, acquired or written during working hours, or otherwise, by Executive (whether or not at the request or upon the suggestion of the Company) during the period of his employment with, or rendering of advisory or consulting services to, the Company or any of its subsidiaries and affiliates, solely or jointly with others, in or relating to any activities of the Company or its subsidiaries and affiliates known to him as a consequence of his employment or the rendering of advisory and consulting services hereunder (collectively the “Subject Matter”). (b) Executive hereby assigns and transfers, and agrees to assign and transfer, to the Company, all his rights, title and interest in and to the Subject Matter, and Executive further agrees to deliver to the Company any and all drawings, notes, specifications and data relating to the Subject Matter, and to execute, acknowledge and deliver all such further papers, including applications for copyrights or patents, as may be necessary to obtain copyrights and patents for any thereof in any and all countries and to vest title thereto to the Company. Executive shall assist the Company in obtaining such copyrights or patents during the term of this Agreement, and at any time thereafter on reasonable notice and at mutually convenient times, and Executive agrees to testify in any prosecution or litigation involving any of the Subject Matter; provided, however, that Executive shall be compensated in a timely manner at the rate of $250 per day (or portion thereof), plus out-of-pocket expenses incurred in rendering such assistance or giving or preparing to give such testimony if it is required after the termination of this Agreement.

  • Complaints and Dispute Resolution 16.1 Where a dispute arises in connection with any aspect of this Agreement, the parties acting with good faith, will use all reasonable endeavours to bring any such issue to the attention of the other party in a timely fashion and in any event within 60 days of any such dispute coming to their attention. 16.2 Notification by one party to the other must be in writing and include the nature of the dispute and the desired resolution. 16.3 If a Supplier wishes to notify ACM of a dispute in connection with this Agreement, any such notification should be made by email to ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇.▇▇. 16.4 Within seven days of receipt of a notification in accordance with clause 16.2, a party will provide a response in writing including setting out steps it intends to take to resolve the dispute. 16.5 If, after attempting to resolve the dispute for a period of at least 60 days, the parties are not reconciled, they agree to then participate in a mediation to be conducted in accordance with the Code. 16.6 If, after undertaking mediation in accordance with the Code, the parties are still not reconciled, they may then submit to an arbitration to be conducted in accordance with the Code. 16.7 Unless otherwise agreed in writing, the parties shall each bear their own legal costs associated with any mediation and/or arbitration pursuant to this Agreement. 16.8 Nothing in this clause will prevent a party from seeking an injunction.

  • Use and Disclosure All Confidential Information of a party will be held in confidence by the other party with at least the same degree of care as such party protects its own confidential or proprietary information of like kind and import, but not less than a reasonable degree of care. Neither party will disclose in any manner Confidential Information of the other party in any form to any person or entity without the other party’s prior consent. However, each party may disclose relevant aspects of the other party’s Confidential Information to its officers, affiliates, agents, subcontractors and employees to the extent reasonably necessary to perform its duties and obligations under this Agreement and such disclosure is not prohibited by applicable law. Without limiting the foregoing, each party will implement physical and other security measures and controls designed to protect (a) the security and confidentiality of Confidential Information; (b) against any threats or hazards to the security and integrity of Confidential Information; and (c) against any unauthorized access to or use of Confidential Information. To the extent that a party delegates any duties and responsibilities under this Agreement to an agent or other subcontractor, the party ensures that such agent and subcontractor are contractually bound to confidentiality terms consistent with the terms of this Section 11.

  • Permitted Uses and Disclosures of PHI and the third party notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

  • Complaints and Disputes 28.1. If the Client wishes to report a complaint, he must send an email to the Company with the completed “Complaints Form” found on the Website. The Company will try to resolve it without undue delay and according to the Company’s Complaints Procedure for Clients. 28.2. If a situation arises which is not expressly covered by this Agreement, the Parties agree to try to resolve the matter on the basis of good faith and fairness and by taking such action as is consistent with market practice. 28.3. The Client’s right to take legal action remains unaffected by the existence or use of any complaints procedures referred to above.