Common use of Discovery in Arbitration Proceedings Clause in Contracts

Discovery in Arbitration Proceedings. The Parties agree that discovery may be conducted in the course of the arbitration proceeding in accordance with the following provisions: (A) Each Party may notice no more than three (3) depositions in total, including both witnesses adherent to the adverse Party and third-party witnesses. (B) Each Party may serve no more than twenty-five (25) requests for admission on the other party. No requests may be served within ten (10) days of the date of hearing, unless the parties otherwise stipulate. All requests for admission shall be responded to within ten (10) days of service of the requests, unless the Parties otherwise stipulate. (C) Each Party may serve no more than fifty (50) interrogatories on the other Party. No interrogatory shall contain subparts, or concern more than one topic or subject of inquiry. Interrogatories may not be phrased so as to circumvent the effect of this clause. No interrogatories may be served within ten (10) days of the date of hearing, unless the parties otherwise stipulate. All interrogatories shall be responded to within ten (10) days of service of the interrogatories, unless the Parties otherwise stipulate. (D) Each Party may serve no more than ten (10) requests for production of documents on the other Party. No request for production of documents shall contain subparts, or seek more than one type of document. Requests for production of documents may not be phrased so as to circumvent the effect of this clause. Unless the Parties otherwise stipulate, requests for production of documents may not be served within ten (10) day of the date of hearing, and all requests for production of documents shall be responded to within ten (10) days of service of the requests. (E) If any Party contends that the other Party has served discovery requests in a manner not permitted by this Section, or that the other Party's response to a discovery request is unsatisfactory, the party may request the presiding arbitrator to resolve such discovery disputes. The presiding arbitrator shall prescribe the procedure by which such disputes are resolved. Any discovery dispute may be handled by telephone conference among the Parties and the presiding arbitrator.

Appears in 11 contracts

Samples: Employment Agreement (Alamosa Holdings Inc), Employment Agreement (Alamosa Holdings Inc), Employment Agreement (Alamosa Holdings Inc)

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Discovery in Arbitration Proceedings. The Parties parties agree that discovery may be conducted in the course of the arbitration proceeding in accordance with the following provisions: (Aa) Each Party party may notice no more than three (3) depositions in total, including both witnesses adherent to the adverse Party party and third-party witnesses. (Bb) Each Party party may serve no more than twenty-five (25) requests for admission on the other party. No requests may be served within ten (10) days of the date of hearing, unless the parties otherwise stipulate. All requests for admission shall be responded to within ten (10) days of service of the requests, unless the Parties parties otherwise stipulate. (Cc) Each Party party may serve no more than fifty (50) interrogatories on the other Partyparty. No interrogatory shall contain subparts, or concern more than one topic or subject of inquiry. Interrogatories may not be phrased so as to circumvent the effect of this clause. No interrogatories may be served within ten (10) days of the date of hearing, unless the parties otherwise stipulate. All interrogatories shall be responded to within ten (10) days of service of the interrogatories, unless the Parties parties otherwise stipulate. (Dd) Each Party party may serve no more than ten (10) requests for production of documents on the other Partyparty. No request for production of documents shall contain subparts, or seek more than one type of document. Requests for production of documents may not be phrased so as to circumvent the effect of this clause. Unless the Parties parties otherwise stipulate, requests for production of documents may not be served within ten (10) day of the date of hearing, and all requests for production of documents shall be responded to within ten (10) days of service of the requests. (Ee) If any Party party contends that the other Party party has served discovery requests in a manner not permitted by this Section, or that the other Partyparty's response to a discovery request is unsatisfactory, the party may request the presiding arbitrator to resolve such discovery disputes. The presiding arbitrator shall prescribe the procedure by which such disputes are resolved. Any discovery dispute may be handled by telephone conference among the Parties parties and the presiding arbitrator.

Appears in 7 contracts

Samples: Employment Agreement (Alamosa PCS Holdings Inc), Employment Agreement (Alamosa Holdings Inc), Employment Agreement (Alamosa PCS Holdings Inc)

Discovery in Arbitration Proceedings. The Parties parties agree that discovery may be conducted in the course of the arbitration proceeding in accordance with the following provisions: (Aa) Each Party party may notice no more than three (3) depositions in total, including both witnesses adherent to the adverse Party party and third-party witnesses. (Bb) Each Party party may serve no more than twenty-five (25) requests for admission on the other party. No requests may be served within ten (10) days of the date of hearing, unless the parties otherwise stipulate. All requests for admission shall be responded to within ten (10) days of service of the requests, unless the Parties parties otherwise stipulate. (Cc) Each Party party may serve no more than fifty (50) interrogatories on the other Partyparty. No interrogatory shall contain subparts, or concern more than one topic or subject of inquiry. Interrogatories may not be phrased so as to circumvent the effect of this clause. No interrogatories may be served within ten (10) days of the date of hearing, unless the parties otherwise stipulate. All interrogatories shall be responded to within ten (10) days of service of the interrogatories, unless the Parties parties otherwise stipulate. (Dd) Each Party party may serve no more than ten (10) requests for production of documents on the other Partyparty. No request for production of documents shall contain subparts, or seek more than one type of document. Requests for production of documents may not be phrased so as to circumvent the effect of this clause. Unless the Parties parties otherwise stipulate, requests for production of documents may not be served within ten (10) day of the date of hearing, and all requests for production of documents shall be responded to within ten (10) days of service of the requests. (Ee) If any Party party contends that the other Party party has served discovery requests in a manner not permitted by this Section, or that the other Party's response to a discovery request is unsatisfactory, the party may request the presiding arbitrator to resolve such discovery disputes. The presiding arbitrator shall prescribe the procedure by which such disputes are resolved. Any discovery dispute may be handled by telephone conference among the Parties and the presiding arbitrator.,

Appears in 1 contract

Samples: Employment Agreement (Alamosa PCS Holdings Inc)

Discovery in Arbitration Proceedings. The Parties parties agree that discovery may be conducted in the course of the arbitration proceeding in accordance with the following provisions: (Ai) Each Party party may notice no more than three (3) depositions in total, including both witnesses adherent to the adverse Party party and third-party witnesses. (Bii) Each Party party may serve no more than twenty-five (25) requests for admission on the other party. No requests may be served within ten (10) days of the date of hearing, unless the parties otherwise stipulate. All requests for admission shall be responded to within ten (10) days of service of the requests, unless the Parties parties otherwise stipulate. (Ciii) Each Party party may serve no more than fifty (50) interrogatories on the other Partyparty. No interrogatory shall contain subparts, or concern more than one topic or subject of inquiry. Interrogatories may not be phrased so as to circumvent the effect of this clause. No interrogatories may be served within ten (10) days of the date of hearing, unless the parties otherwise stipulate. All interrogatories shall be responded to within ten (10) days of service of the interrogatories, unless the Parties parties otherwise stipulate. (Div) Each Party party may serve no more than ten (10) requests for production of documents on the other Partyparty. No request for production of documents shall contain subparts, or seek more than one type of document. Requests for production of documents may not be phrased so as to circumvent the effect of this clause. Unless the Parties parties otherwise stipulate, requests for production of documents may not be served within ten (10) day of the date of hearing, and all requests for production of documents shall be responded to within ten (10) days of service of the requests. (Ev) If any Party party contends that the other Party party has served discovery requests in a manner not permitted by this Section, or that the other Partyparty's response to a discovery request is unsatisfactory, the party may request the presiding arbitrator arbitrators to resolve such discovery disputes. The presiding arbitrator arbitrators shall prescribe the procedure by which such disputes are resolved. Any discovery dispute may be handled by telephone conference among the Parties and the presiding arbitrator."

Appears in 1 contract

Samples: Master Site Development and Lease Agreement (Alamosa PCS Holdings Inc)

Discovery in Arbitration Proceedings. The Parties parties agree that discovery may be conducted in the course of the arbitration proceeding in accordance with the following provisions: (Ai) Each Party party may notice no more than three (3) depositions in total, including both witnesses adherent to the adverse Party party and third-party witnesses. (Bii) Each Party party may serve no more than twenty-five (25) requests for admission on the other party. No requests may be served within ten (10) days of the date of hearing, unless the parties otherwise stipulate. All requests for admission shall be responded to within ten (10) days of service of the requests, unless the Parties parties otherwise stipulate. (Ciii) Each Party party may serve no more than fifty (50) interrogatories on the other Partyparty. No interrogatory shall contain subparts, or concern more than one topic or subject of inquiry. Interrogatories may not be phrased so as to circumvent the effect of this clause. No interrogatories may be served within ten (10) days of the date of hearing, unless the parties otherwise stipulate. All interrogatories shall be responded to within ten (10) days of service of the interrogatories, unless the Parties parties otherwise stipulate. (Div) Each Party party may serve no more than ten (10) requests for production of documents on the other Partyparty. No request for production of documents shall contain subparts, or seek more than one type of document. Requests for production of documents may not be phrased so as to circumvent the effect of this clause. Unless the Parties parties otherwise stipulate, requests for production of documents may not be served within ten (10) day of the date of hearing, and all requests for ================================================================================ ADDENDUM I TO PAGE 6 OF 7 ENGINEERING SERVICE CONTRACT SYSTEM DESIGN AND CONSTRUCTION INSPECTION production of documents shall be responded to within ten (10) days of service of the requests. (Ev) If any Party party contends that the other Party party has served discovery requests in a manner not permitted by this Section, or that the other Partyparty's response to a discovery request is unsatisfactory, the party may request the presiding arbitrator arbitrators to resolve such discovery disputes. The presiding arbitrator arbitrators shall prescribe the procedure by which such disputes are resolved. Any discovery dispute may be handled The foregoing Addendum is hereby agreed to this 27th day of July, 1998. OWNER ALAMOSA PCS LLC By /s/ Davix Xxxxxxxx ---------------------------------- DAVIX X. XXXXXXXX, Xxairman ENGINEER HICKX & XAGLXXX XXXINEERING CO., INC. By /s/ W. D. Xxxxx --------------------------- W. Don Xxxxx (Name) --------------------------- Vice President (Title) --------------------------- /s/ Paulx Xxxxxx ---------------------------------- Assistant Secretary Approved as to the Mediation and Arbitration provisions in paragraph 10 above. Crenxxxx, Xxxxxx & Xilax, X.L.P. By: /s/ Jack XxXxxxxxx, Xx. ---------------------------------- Jack XxXxxxxxx, Xx. Attorneys for Alamosa PCS LLC /s/ Paulx Xxxxxx ---------------------------------- Paulx Xxxxxx Attorney for Hickx & Xaglxxx Engineering Co., Inc. ================================================================================ ADDENDUM I TO PAGE 7 OF 7 ENGINEERING SERVICE CONTRACT SYSTEM DESIGN AND CONSTRUCTION INSPECTION 15 AMENDMENT TO ENGINEERING SERVICE CONTRACT SYSTEM DESIGN AND CONSTRUCTION INSPECTION This Amendment, made this 1st day of September, 1999, contains certain changes, additional or supplemental terms and provisions to the Engineering Service Contract System Design and Construction Inspection dated July 27, 1998 and Addendum I thereto of same date ("Engineering Service Contract") by telephone conference among and between ALAMOSA PCS LLC and Hickx & Xaglxxx Xxxineering Co., Inc. Except for the Parties express modifications made in this Amendment, the Engineering Service Contract as previously amended by Addendum I thereto continues in full force and effect. In consideration of the presiding arbitrator.mutual undertakings herein contained, the parties agree to amend the Engineering Service Contract as follows:

Appears in 1 contract

Samples: Engineering Service Contract (Alamosa PCS Holdings Inc)

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Discovery in Arbitration Proceedings. The Parties agree that discovery may be conducted in the course of the arbitration proceeding in accordance with the following provisions: (A) A. Each Party may notice no more than three (3) depositions in total, including both witnesses adherent to the adverse Party and third-party witnesses. (B) B. Each Party may serve no more than twenty-five (25) requests for admission on the other party. No requests may be served within ten (10) days of the date of hearing, unless the parties otherwise stipulate. All requests for admission shall be responded to within ten (10) days of service of the requests, unless the Parties otherwise stipulate. (C) C. Each Party may serve no more than fifty (50) interrogatories on the other Party. No interrogatory shall contain subparts, or concern more than one topic or subject of inquiry. Interrogatories may not be phrased so as to circumvent the effect of this clause. No interrogatories may be served within ten (10) days of the date of hearing, unless the parties otherwise stipulate. All interrogatories shall be responded to within ten (10) days of service of the interrogatories, unless the Parties otherwise stipulate. (D) D. Each Party may serve no more than ten (10) requests for production of documents on the other Party. No request for production of documents shall contain subparts, or seek more than one type of document. Requests for production of documents may not be phrased so as to circumvent the effect of this clause. Unless the Parties otherwise stipulate, requests for production of documents may not be served within ten (10) day of the date of hearing, and all requests for production of documents shall be responded to within ten (10) days of service of the requests. (E) E. If any Party contends that the other Party has served discovery requests in a manner not permitted by this Section, or that the other Party's response to a discovery request is unsatisfactory, the party may request the presiding arbitrator to resolve such discovery disputes. The presiding arbitrator shall prescribe the procedure by which such disputes are resolved. Any discovery dispute may be handled by telephone conference among the Parties and the presiding arbitrator.

Appears in 1 contract

Samples: Employment Agreement (Alamosa Holdings Inc)

Discovery in Arbitration Proceedings. The Parties parties agree that discovery may be conducted in the course of the arbitration proceeding in accordance with the following provisions: (Aa) Each Party party may notice no more than three (3) depositions in total, including both witnesses adherent to the adverse Party party and third-party witnesses. (Bb) Each Party party may serve no more than twenty-five (25) requests for admission on the other party. No requests may be served within ten (10) days of the date of hearing, unless the parties otherwise stipulate. All requests for admission shall be responded to within ten (10) days of service of the requests, unless the Parties parties otherwise stipulate. (Cc) Each Party party may serve no more than fifty (50) interrogatories on the other Partyparty. No interrogatory shall contain subparts, or concern more than one topic or subject of inquiry. Interrogatories may not be phrased so as to circumvent the effect of this clause. No interrogatories may be served within ten (10) days of the date of hearing, unless the parties otherwise stipulate. All interrogatories shall be Employment Agreement PAGE 15 OF 21 Alamosa PCS LLC and Kendxxx Xxxxx responded to within ten (10) days of service of the interrogatories, unless the Parties parties otherwise stipulate. (Dd) Each Party party may serve no more than ten (10) requests for production of documents on the other Partyparty. No request for production of documents shall contain subparts, or seek more than one type of document. Requests for production of documents may not be phrased so as to circumvent the effect of this clause. Unless the Parties parties otherwise stipulate, requests for production of documents may not be served within ten (10) day of the date of hearing, and all requests for production of documents shall be responded to within ten (10) days of service of the requests. (Ee) If any Party party contends that the other Party party has served discovery requests in a manner not permitted by this Section, or that the other Partyparty's response to a discovery request is unsatisfactory, the party may request the presiding arbitrator to resolve such discovery disputes. The presiding arbitrator shall prescribe the procedure by which such disputes are resolved. Any discovery dispute may be handled by telephone conference among the Parties parties and the presiding arbitrator.

Appears in 1 contract

Samples: Employment Agreement (Alamosa PCS Holdings Inc)

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