Common use of Arbitration Hearing; Discovery; Venue Clause in Contracts

Arbitration Hearing; Discovery; Venue. The arbitration hearing shall commence within ten (10) calendar days of appointment of the third arbitrator as described in Subsection (5). The hearing shall in no event last longer than two (2) calendar days. There shall be no discovery or dispositive motion practice (such as motions for summary judgment or to dismiss or the like) except as may be permitted by the arbitrators; and any such discovery or dispositive motion practice permitted by the arbitrators shall accommodate to the maximum extent practical the time limits contained herein. The arbitrators shall not be bound by any rules of civil procedure or evidence, but rather shall consider such writings and oral presentations as reasonable business persons would use in the conduct of their day to day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrators may determine to be appropriate. It is the intention of the parties to limit live testimony and cross examination to the extent absolutely necessary to insure a fair hearing to the parties on significant and material issues. Venue of any arbitration hearing conducted pursuant to this Section shall be in Seattle, Washington. It is also the intention of the parties that any such arbitration shall not interfere with the continued use and occupancy of the Premises by Lessee.

Appears in 2 contracts

Samples: Lease Agreement (Go2net Inc), Lease (Infospace Inc)

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Arbitration Hearing; Discovery; Venue. The arbitration hearing ------------------------------------- shall commence within ten five (105) calendar days of appointment of the third arbitrator as described in Subsection (5e). The hearing shall in no event last longer than two (2) calendar days. There shall be no discovery or dispositive motion practice (such as motions for summary judgment or to dismiss or the like) except as may be permitted by the arbitrators; and any such discovery or dispositive motion practice permitted by the arbitrators shall accommodate to the maximum extent practical not in any way conflict with the time limits contained herein. The arbitrators shall not be bound by any rules of civil procedure or evidence, but rather shall consider such writings and oral presentations as reasonable business persons would use in the conduct of their day to day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrators may determine to be appropriate. It is the intention of the parties to limit live testimony and cross examination to the extent absolutely necessary to insure a fair hearing to the parties on significant and material issues. Venue of any arbitration hearing conducted conduct pursuant to this Section agreement shall be in Seattle, Washington. It is also the intention of the parties that any such arbitration shall not interfere with the continued use and occupancy construction of the Premises by LesseeTenant Improvements, and unless the dispute in question makes it impossible for such construction to continue, the pending arbitration shall not affect such construction schedule.

Appears in 2 contracts

Samples: Lease Agreement (Visio Corp), Lease Agreement (Visio Corp)

Arbitration Hearing; Discovery; Venue. The arbitration hearing shall commence within ten five (105) calendar business days of appointment of the third arbitrator as described in Subsection (5)4. The hearing shall in no event last longer than two (2) calendar business days. There shall be no discovery or dispositive motion practice (such as motions for summary judgment or to dismiss or the like) except as may be permitted by the arbitrators; and any such discovery or dispositive motion practice permitted by the arbitrators shall accommodate to the maximum extent practical not in any way conflict with the time limits contained herein. The arbitrators shall not be bound by any rules of civil procedure or evidence, but rather shall consider such writings and oral presentations as reasonable business persons would use in the conduct of their day to day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrators may determine to be appropriate. It is the intention of the parties to limit live testimony and cross examination to the extent absolutely necessary to insure a fair hearing to the parties on significant and material issues. Venue of any arbitration hearing conducted conduct pursuant to this Section agreement shall be in Seattle, Washington. It is also the intention of the parties that any such arbitration shall not interfere with the continued use and occupancy construction of the Premises by LesseeTenant Improvements, and unless the dispute in question makes it impossible for such construction to continue, the pending arbitration shall not affect such construction schedule.

Appears in 1 contract

Samples: Lease Agreement (Bsquare Corp /Wa)

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Arbitration Hearing; Discovery; Venue. The arbitration hearing shall commence within ten five (105) calendar days of appointment of the third arbitrator as described in Subsection (5)4. The hearing shall in no event last longer than two (2) calendar days. There shall be no discovery or dispositive motion practice (such as motions for summary judgment or to dismiss or the like) except as may be permitted by the arbitrators; and any such discovery or dispositive motion practice permitted by the arbitrators shall accommodate to the maximum extent practical not in any way conflict with the time limits contained herein. The arbitrators shall not be bound by any rules of civil procedure or evidence, but rather shall consider such writings and oral presentations as reasonable business persons would use in the conduct of their day to day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrators may determine to be appropriate. It is the intention of the parties to limit live testimony and cross examination to the extent absolutely necessary to insure a fair hearing to the parties on significant and material issues. Venue of any arbitration hearing conducted conduct pursuant to this Section agreement shall be in Seattle, Washington. It is also the intention of the parties that any such arbitration shall not interfere with the continued use and occupancy construction of the Premises by LesseeTenant Improvements, and unless the dispute in question makes it impossible for such construction to continue, the pending arbitration shall not affect such construction schedule.

Appears in 1 contract

Samples: Lease Agreement (Onyx Software Corp/Wa)

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