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 shall 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.

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 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 Interrogatories or other forms of discovery (other than the document production and depositions set forth above) shall not occur except by consent of the parties involved in the applicable disputeDispute. Disputes concerning the scope of document production or depositions and enforcement of the document production or deposition requests shall will be determined by written agreement of the parties involved in the applicable dispute 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 the rights of privilege of the parties, and the arbitrator any witness) 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 lawLaw). Subject to the foregoing, the arbitrator arbitrators shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Discovery and Certain Other Matters. (a) Any party involved in the applicable dispute a dispute, controversy, or claim subject to this Article VI, including, but not limited to, a dispute, controversy, or claim pursuant to Section 6.7(a) 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 conducted in accordance with the International Bar Association Rules on the Taking of Evidence in International Commercial Arbitration, subject to the discretion of the arbitrators. Any such 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 dispute, controversy, or claim 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 shall will be determined by written agreement of the parties involved in the applicable dispute dispute, controversy, or claim 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 law). Subject to the foregoing, the arbitrator arbitrators shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy controversy, or claim.

Discovery and Certain Other Matters. (a) Any party involved in the applicable dispute 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 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 described above) shall not occur except by consent of the parties involved in the applicable disputeDispute. Disputes concerning the scope of document production and enforcement of the document production requests shall will be determined by written agreement of the parties involved in the applicable dispute Dispute or, failing such agreement, will be referred to the arbitrator for resolutionarbitrator. 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 confidentiality of the arbitration proceedings (except as may be required to the extent permissible 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 claimDispute.

Discovery and Certain Other Matters. (a) Any party Either Party involved in the applicable dispute dispute, controversy or claim 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 the applicable dispute both Parties or upon an extraordinary a 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 the parties involved in the applicable disputeboth Parties. Disputes concerning the scope of document production and enforcement of the document production requests shall 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 arbitrator(s) 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 arbitrator(s) 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 arbitrator(s) shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

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 7.5 to be adjourned except upon consent of all parties involved in the applicable dispute or as determined by the Arbitrator upon an extraordinary a 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 as determined by the Arbitrator. Disputes concerning discovery, the scope of document production and enforcement of the document production requests shall 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 Arbitrator 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 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 Arbitrator shall have the power to issue subpoenas to compel the production of documents relevant to the dispute, controversy or claim.

Discovery and Certain Other Matters. (a) Any In addition to its rights of access to Information under Article VI of this Agreement and any other rights to Information provided for in this Agreement or an Other Agreement, any party involved in the applicable dispute may request limited document production from the other party or parties at any time following the original meeting request of specific relevant documents containing Information developed after the Distribution Date and expressly relevant documentswhich Information would not otherwise be available under Article VI, 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 7.05 to be adjourned except upon consent of all parties involved in the applicable dispute or upon an extraordinary a 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 shall 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 for Information developed after the Distribution Date will be subject to the proprietary parties' rights and rights of privilege of to claim any applicable privilege. In addition to 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.