Common use of ADR Hearing Clause in Contracts

ADR Hearing. The Arbitrator shall hold a hearing to resolve the issues within one hundred twenty (120) business days after selection. The location of the hearing shall be Seattle, Washington. Each party may be represented by counsel. Prior to the hearing, the parties shall be entitled to engage in discovery under procedures of the Federal Rules of Civil Procedure; provided, however, that a party may not submit more than thirty (30) written interrogatories or take more than three (3) depositions. There shall not be, and the Arbitrator shall not permit, any discovery within thirty (30) days of the hearing. The Arbitrator shall have sole discretion regarding the admissibility of evidence and conduct of the hearing. At least ten (10) business days prior to the hearing, each party shall submit to the other party and the Arbitrator a copy of all exhibits on which such party intends to rely at the hearing, a pre-hearing brief (up to 30 pages) and a proposed disposition of the dispute (up to 5 pages). The proposed disposition shall be limited to proposed rulings and remedies on each issue, and shall contain no argument on or analysis of the facts or issues; provided, however, that the parties will not present proposed monetary remedies. Within ten (10) business days after close of the hearing, each party may submit a post-hearing brief (up to 5 pages) to the Arbitrator.

Appears in 2 contracts

Samples: Exclusive Patent License Agreement (Ribogene Inc / Ca/), Exclusive Patent License Agreement (Ribogene Inc / Ca/)

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ADR Hearing. The Arbitrator shall hold a hearing to resolve the issues within one hundred twenty (120) business days after selection. The location of the hearing shall be Seattle, Washington. Each party may be represented by counsel. Prior to the hearing, the parties shall be entitled to engage in discovery under procedures of the Federal Rules of Civil Procedure; provided, however, that a party may not submit more than thirty fifty (3050) written interrogatories or take more than three six (36) depositions. There shall not be, and the Arbitrator shall not permit, any discovery within thirty (30) days of the hearing. The Arbitrator shall have sole discretion regarding the admissibility of evidence and conduct of the hearing. At least ten five (105) business days prior to the hearing, each party shall submit to the other party and the Arbitrator a copy of all exhibits on which such party intends to rely at the hearing, a pre-hearing brief (up to 30 pages) and a proposed disposition of the dispute (up to 5 pages). The proposed disposition shall be limited to proposed rulings and remedies on each issue, and shall contain no argument on or analysis of the facts or issues; provided, however, that the parties will not present proposed monetary remedies. Within ten five (105) business days after close of the hearing, each party may submit a post-hearing brief (up to 5 pages) to the Arbitrator.

Appears in 2 contracts

Samples: Research Collaboration and License Agreement (Corixa Corp), Research Collaboration and License Agreement (Corixa Corp)

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