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 10.5 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 3 contracts

Samples: Master Separation and Distribution Agreement (Ecost Com Inc), Master Separation and Distribution Agreement (Pc Mall Inc), Master Separation and Distribution Agreement (Ecost Com Inc)

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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 10.5 15.5 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 3 contracts

Samples: Shared Services Agreement (Eloyalty Corp), Shared Services Agreement (Voyager Group Inc/Ca/), Shared Services Agreement (Eloyalty Corp)

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 (under 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 10.5 4.03 of Article IV of this Agreement to be adjourned except upon consent of all both 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 be permitted only upon an extraordinary showing that such discovery is essential to a party to the proceeding or upon consent of the parties involved in the applicable disputeDispute. Disputes concerning the scope of discovery (including document production and enforcement of the document production requests 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 claimdiscovery.

Appears in 3 contracts

Samples: Dispute Resolution Agreement (Gencorp Inc), Dispute Resolution Agreement (Omnova Solutions Inc), Dispute Resolution Agreement (Omnova Solutions Inc)

Discovery and Certain Other Matters. (a) Discovery procedures available in litigation before the courts shall not apply in any arbitration proceedings hereunder. Any party Party involved in the applicable dispute dispute, controversy or claim may request limited document production from the other party Party or parties Parties of specific and expressly relevant documents, with the reasonable expenses of the producing party Party or Parties 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 10.5 12.5 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 all Parties involved in the applicable dispute, controversy or claim. 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 applicable 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, Separation and Distribution Agreement (Marathon Petroleum Corp), Separation and Distribution Agreement (Marathon Petroleum Corp)

Discovery and Certain Other Matters. (a) Discovery procedures available in litigation before the courts shall not apply in any arbitration proceedings hereunder. Any party Party involved in the applicable dispute dispute, controversy or claim may request limited document production from the other party Party or parties Parties of specific and expressly demonstrably relevant documents, with the reasonable expenses of the producing party Party or Parties 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 10.5 12.05 to be adjourned except upon consent of all parties involved in the applicable dispute both Parties or upon an extraordinary a showing of good 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 all Parties involved in the applicable dispute, controversy or claim. 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 applicable 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 (Ralcorp Holdings Inc /Mo), Separation and Distribution Agreement (Post Holdings, Inc.), Separation and Distribution Agreement (Post Holdings, Inc.)

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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 10.5 15.5 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: Shared Services Agreement (Technology Solutions Company)

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 (under 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 10.5 4.03 of Article IV of this Agreement to be adjourned except upon consent of all both 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 only be permitted upon an extraordinary showing that such discovery is essential to a party to the proceeding or upon consent of the parties involved in the applicable disputeDispute. Disputes concerning the scope of discovery (including document production and enforcement of the document production requests 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 claimdiscovery.

Appears in 1 contract

Samples: Dispute Resolution Agreement (Omnova Solutions Inc)

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