Common use of Discovery and Hearing Clause in Contracts

Discovery and Hearing. During the meeting referred to in Paragraph (e), the parties shall negotiate in good faith the scope and schedule of discovery, relating to depositions, document production and other discovery devices, taking into account the nature of the dispute submitted for resolution. If the parties are unable to reach agreement as to the scope and schedule of discovery, the Arbitrator may order such discovery as it deems necessary. The parties and the Arbitrator must adhere to the following schedule: (1) all discovery shall be completed within forty-five (45) days from the date of the selection of the Arbitrator, and (2) the arbitration hearing shall commence within fifteen (15) days after completion of such discovery. At the arbitration hearing, the parties may present testimony (either live witness or deposition), subject to cross-examination, and documentary evidence. To the extent practicable taking into account the nature of the dispute submitted for resolution and the availability of the Arbitrator, the hearing shall be conducted over a period not to exceed ten (10) consecutive calendar days, with each party entitled to one half of the allotted time.

Appears in 2 contracts

Samples: Confidential Treatment (Neogenesis Pharmaceuticals Inc), Confidential Treatment (Neogenesis Pharmaceuticals Inc)

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Discovery and Hearing. During the meeting referred to in Paragraph (e), the parties shall negotiate in good faith the scope and schedule of discovery, relating to depositions, document production and other discovery devices, taking into account the nature of the dispute submitted for resolution. If the parties are unable to reach agreement as to the scope and schedule of discovery, the Arbitrator may order such discovery as it deems necessary. The parties and the Arbitrator must adhere to the following schedule: (1) all discovery shall be completed within forty-five sixty (4560) days from the date of the selection of the Arbitrator, and (2) the arbitration hearing shall commence within fifteen no earlier than twenty (1520) business days and no later than thirty (30) business days after completion of such discovery. At the arbitration hearing, the parties may present testimony (either live witness or deposition), subject to cross-examination, and documentary evidence. To the extent practicable taking into account the nature of the dispute submitted for resolution and the availability of the Arbitrator, the hearing shall be conducted over a period not to exceed ten thirty (1030) consecutive calendar business days, with each party entitled to one approximately half of the allotted time.

Appears in 1 contract

Samples: Development, License and Supply Agreement (Cima Labs Inc)

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Discovery and Hearing. During the meeting referred to in Paragraph (e), the parties shall negotiate in good faith the scope and schedule of discovery, relating to depositions, document production and other discovery devices, taking into account the nature of the dispute submitted for resolution. If the parties are unable to reach agreement as to the scope and schedule of discovery, the Arbitrator may order such discovery as it deems necessary. The parties and the Arbitrator must adhere to the following schedule: (1) all discovery shall be completed within forty-five sixty (4560) days from the date of the selection of the Arbitrator, and (2) the arbitration hearing shall commence within fifteen twenty (1520) days after completion of such discovery. At the arbitration hearing, the parties may present testimony (either live witness or deposition), subject to cross-examination, and documentary evidence. To the extent practicable taking into account the nature of the dispute submitted for resolution and the availability of the Arbitrator, the hearing shall be conducted over a period not to exceed ten thirty (1030) consecutive calendar business days, with each party entitled to one approximately half of the allotted time.

Appears in 1 contract

Samples: Compensation Agreement (Cima Labs Inc)

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