Common use of Discovery and Certain Other Matters Clause in Contracts

Discovery and Certain Other Matters. (a) Any party involved in the applicable dispute may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery (which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 8.5 to be adjourned except upon consent of all parties involved in the applicable dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Depositions, interrogatories or other forms of discovery (other than the document production set forth above) shall not occur except by consent of the parties involved in the applicable dispute. Disputes concerning the scope of document production and enforcement of the document production requests will be determined by written agreement of the parties involved in the applicable dispute or, failing such agreement, will be referred to the arbitrator for resolution. All discovery requests will be subject to the proprietary rights and rights of privilege of the parties, and the arbitrator will adopt procedures to protect such rights and to maintain the confidential treatment of the arbitration proceedings (except as may be required by law). Subject to the foregoing, the arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 5 contracts

Samples: Separation Agreement (Idt Corp), Separation and Distribution Agreement (Collagen Corp /De), Separation Agreement (Net2phone Inc)

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Discovery and Certain Other Matters. (a) Any party involved in the applicable a dispute subject to this Article VI may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery (which rights right to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 8.5 6.5 to be adjourned except upon consent of all parties involved in the applicable dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Depositions, interrogatories or other forms of discovery (other than the document production set forth above) shall not occur except by consent of the parties involved in the applicable dispute. Disputes concerning the scope of document production and enforcement of the document production requests will be determined by written agreement of the parties involved in the applicable dispute or, failing such agreement, will be referred to the arbitrator for resolution. All discovery requests will be subject to the proprietary parties' rights and rights of privilege of the parties, and the to claim any applicable privilege. The arbitrator will adopt procedures to protect such the proprietary rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by law). Subject to the foregoing, the arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 3 contracts

Samples: Master Separation Agreement (Transocean Inc), Master Separation Agreement (Todco), Master Separation Agreement (Todco)

Discovery and Certain Other Matters. (a) Any party involved in the applicable dispute a Dispute subject to this Article V may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery (which rights right to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 8.5 5.5 to be adjourned except upon consent of all parties involved in the applicable dispute Dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Depositions, interrogatories or other forms of discovery (other than the document production set forth above) shall not occur except by consent of the parties involved in the applicable disputeDispute or upon determination by the arbitrators that depositions are essential to a fair resolution of the Dispute. Disputes concerning the scope of document production and enforcement of the document production requests will be determined by written agreement of the parties involved in the applicable dispute or, failing such agreement, will be referred to the arbitrator arbitrators for resolution. All discovery requests will be subject to the proprietary parties’ rights and rights of privilege of the parties, and the arbitrator to claim any applicable privilege. The arbitrators will adopt procedures to protect such the proprietary rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by lawapplicable Law). Subject to the foregoing, the arbitrator arbitrators shall have the power to issue subpoenas to compel the production of documents and the appearance of witnesses relevant to the dispute, controversy or claimDispute.

Appears in 3 contracts

Samples: Master Separation Agreement, Master Separation Agreement (Noble Corp PLC), Master Separation Agreement (Paragon Offshore Ltd.)

Discovery and Certain Other Matters. (a) Any party involved in the applicable dispute may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery (which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 8.5 11.5 to be adjourned except upon consent of all parties involved in the applicable dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Depositions, interrogatories or other forms of discovery (other than the document production set forth above) shall not occur except by consent of the parties involved in the applicable dispute. Disputes concerning the scope of document production and enforcement of the document production requests will be determined by written agreement of the parties involved in the applicable dispute or, failing such agreement, will be referred to the arbitrator for resolution. All discovery requests will be subject to the proprietary parties' rights and rights of privilege of the parties, and the to claim any applicable privilege. The arbitrator will adopt procedures to protect such the proprietary rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by law). Subject to the foregoing, the arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 3 contracts

Samples: Separation and Distribution Agreement (Republic Industries Inc), Separation and Distribution Agreement (Republic Services Inc), Separation and Distribution Agreement (Republic Services Inc)

Discovery and Certain Other Matters. (a) Any party involved in the applicable a dispute subject to this Article IX may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery (which rights right to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 8.5 9.5 to be adjourned except upon consent of all parties involved in the applicable dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Depositions, interrogatories or other forms of discovery (other than the document production set forth above) shall not occur except by consent of the parties involved in the applicable dispute. Disputes concerning the scope of document production and enforcement of the document production requests will be determined by written agreement of the parties involved in the applicable dispute or, failing such agreement, will be referred to the arbitrator for resolution. All discovery requests will be subject to the proprietary parties' rights and rights of privilege of the parties, and the to claim any applicable privilege. The arbitrator will adopt procedures to protect such the proprietary rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by law). Subject to the foregoing, the arbitrator shall have the power to issue subpoenas to compel the production of or documents relevant to the dispute, controversy or claim.

Appears in 3 contracts

Samples: Master Separation Agreement (Reliant Resources Inc), Master Separation Agreement (Reliant Energy Resources Corp), Master Separation Agreement (Reliant Resources Inc)

Discovery and Certain Other Matters. (a) Any party involved in the applicable a dispute subject to this Article VII may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery (which rights The right to documents permitted herein shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) . Any such discovery shall be conducted expeditiously and shall not cause the hearing provided for in Section 8.5 7.5 to be adjourned except upon consent of all parties involved in the applicable dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Depositions, interrogatories or other forms of discovery (other than the document production set forth above) shall not occur except by consent of the parties involved in the applicable dispute. Disputes concerning the scope of document production and enforcement of the document production requests will be determined by written agreement of the parties involved in the applicable dispute or, failing such agreement, will be referred to the arbitrator for resolution. All discovery requests will be subject to the proprietary parties' rights and rights of privilege of the parties, and the to claim any applicable privilege. The arbitrator will adopt procedures to protect such the proprietary rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by law). Subject to the foregoing, the arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 2 contracts

Samples: Separation Agreement (Texas Genco Holdings Inc), Separation Agreement (Centerpoint Energy Inc)

Discovery and Certain Other Matters. (a) Any party Party involved in the applicable dispute may request limited document production from the other party or parties Party of specific and expressly relevant documents, with the reasonable expenses of the producing party Party incurred in such production paid by the requesting partyParty. Any such discovery (which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 8.5 13.5 to be adjourned except upon consent of all parties involved in of the applicable dispute Parties or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party Party to the proceeding. Depositions, interrogatories or other forms of discovery (other than the document production set forth above) shall not occur except by consent of all of the parties involved in the applicable disputeParties. Disputes concerning the scope of document production and enforcement of the document production requests will be determined by written agreement of the parties involved in the applicable dispute Parties or, failing such agreement, will be referred to the arbitrator for resolution. All discovery requests will be subject to the proprietary Parties' rights and rights of privilege of the parties, and the to claim any applicable privilege. The arbitrator will adopt procedures to protect such the proprietary rights of the Parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by law). Subject to the foregoing, the arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 2 contracts

Samples: Reorganization Agreement (Eloyalty Corp), Reorganization Agreement (Eloyalty Corp)

Discovery and Certain Other Matters. (a) Any party involved in the applicable a dispute subject to this Article VIII may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery (which rights right to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 8.5 to be adjourned except upon consent of all parties involved in the applicable dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Depositions, interrogatories or other forms of discovery (other than the document production set forth above) shall not occur except by consent of the parties involved in the applicable dispute. Disputes concerning the scope of document production and enforcement of the document production requests will be determined by written agreement of the parties involved in the applicable dispute or, failing such agreement, will be referred to the arbitrator for resolution. All discovery requests will be subject to the proprietary parties' rights and rights of privilege of the parties, and the to claim any applicable privilege. The arbitrator will adopt procedures to protect such the proprietary rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by law). Subject to the foregoing, the arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 2 contracts

Samples: Master Separation Agreement (Plains Resources Inc), Master Separation Agreement (Plains Exploration & Production Co L P)

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Discovery and Certain Other Matters. (a) Any party involved in the applicable a dispute subject to this Article VI may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery (which rights The right to documents permitted herein shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) . Any such discovery shall be conducted expeditiously and shall not cause the hearing provided for in Section 8.5 6.5 to be adjourned except upon consent of all parties involved in the applicable dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Depositions, interrogatories or other forms of discovery (other than the document production set forth above) shall not occur except by consent of the parties involved in the applicable dispute. Disputes concerning the scope of document production and enforcement of the document production requests will be determined by written agreement of the parties involved in the applicable dispute or, failing such agreement, will be referred to the arbitrator for resolution. All discovery requests will be subject to the proprietary parties' rights and rights of privilege of the parties, and the to claim any applicable privilege. The arbitrator will adopt procedures to protect such the proprietary rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by law). Subject to the foregoing, the arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 1 contract

Samples: Separation Agreement (Texas Genco Holdings Inc)

Discovery and Certain Other Matters. (a) Any party involved in the applicable dispute may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery (which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 8.5 12.5 to be adjourned except upon consent of all parties involved in the applicable dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Depositions, interrogatories or other forms of discovery (other than the document production set forth above) shall not occur except by consent of the parties involved in the applicable dispute. Disputes concerning the scope of document production and enforcement of the document production requests will be determined by written agreement of the parties involved in the applicable dispute or, failing such agreement, will be referred to the arbitrator for resolution. All discovery requests will be subject to the proprietary rights and rights of privilege of the parties, and the arbitrator will adopt procedures to protect such rights and to maintain the confidential treatment of the arbitration proceedings (except as may be required by law). Subject to the foregoing, the arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 1 contract

Samples: Plan of Reorganization and Distribution Agreement (Cincinnati Bell Inc /Oh/)

Discovery and Certain Other Matters. (a) Any party involved in the applicable dispute may request limited document production from the other party or parties of specific and expressly relevant documents, with the reasonable expenses of the producing party incurred in such production paid by the requesting party. Any such discovery (which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 8.5 9.5 to be adjourned except upon consent of all parties involved in the applicable dispute or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party to the proceeding. Depositions, interrogatories or other forms of discovery (other than the document production set forth above) shall not occur except by consent of the parties involved in the applicable dispute. Disputes concerning the scope of document production and enforcement of the document production requests will be determined by written agreement of the parties involved in the applicable dispute or, failing such agreement, will be referred to the arbitrator for resolution. All discovery requests will be subject to the proprietary parties' rights and rights of privilege of the parties, and the to claim any applicable privilege. The arbitrator will adopt procedures to protect such the proprietary rights of the parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by law). Subject to the foregoing, the arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 1 contract

Samples: Separation and Distribution Agreement (At&t Corp)

Discovery and Certain Other Matters. (a) Any party Party involved in the applicable dispute may request limited document production from the other party or parties Party of specific and expressly relevant documents, with the reasonable expenses of the producing party Party incurred in such production paid by the requesting partyParty. Any such discovery (which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 8.5 13.5 to be adjourned except upon consent of all parties involved in of the applicable dispute Parties or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party Party to the proceeding. Depositions, interrogatories interrogatories, or other forms of discovery (other than the document production set forth above) shall not occur except by consent of all of the parties involved in the applicable disputeParties. Disputes concerning the scope of document production and enforcement of the document production requests will be determined by written agreement of the parties involved in the applicable dispute Parties or, failing such agreement, will be referred to the arbitrator for resolution. All discovery requests will be subject to the proprietary Parties' rights and rights of privilege of the parties, and the to claim any applicable privilege. The arbitrator will adopt procedures to protect such the proprietary rights of the Parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by law). Subject to the foregoing, the arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy controversy, or claim.

Appears in 1 contract

Samples: Reorganization Agreement (Voyager Group Inc/Ca/)

Discovery and Certain Other Matters. (a) Any party Party involved in the applicable dispute may request limited document production from the other party or parties Party of specific and expressly relevant documents, with the reasonable expenses of the producing party Party incurred in such production paid by the requesting partyParty. Any such discovery (which rights to documents shall be substantially less than document discovery rights prevailing under the Federal Rules of Civil Procedure) shall be conducted expeditiously and shall not cause the hearing provided for in Section 8.5 SECTION 11.5 to be adjourned except upon consent of all parties involved in of the applicable dispute Parties or upon an extraordinary showing of cause demonstrating that such adjournment is necessary to permit discovery essential to a party Party to the proceeding. Depositions, interrogatories or other forms of discovery (other than the document production set forth above) shall not occur except by consent of all of the parties involved in the applicable disputeParties. Disputes concerning the scope of document production and enforcement of the document production requests will be determined by written agreement of the parties involved in the applicable dispute Parties or, failing such agreement, will be referred to the arbitrator for resolution. All discovery requests will be subject to the proprietary Parties' rights and rights of privilege of the parties, and the to claim any applicable privilege. The arbitrator will adopt procedures to protect such the proprietary rights of the Parties and to maintain the confidential treatment of the arbitration proceedings (except as may be required by law). Subject to the foregoing, the arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Appears in 1 contract

Samples: Distribution Agreement (Combined Specialty Corp)

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