Common use of HEARING DATE AND TIME Clause in Contracts

HEARING DATE AND TIME. The arbitration hearing shall be held on a date fixed by the arbitrators. In no event shall this date be later than six (6) months after the appointment of the third arbitrator. As soon as possible, the arbitrators shall establish pre-arbitration procedures as warranted by the facts and issues of the particular case. At least 10 days prior to the arbitration hearing, each Party shall provide the other Party(ies) and the arbitrators with a detailed statement of the facts and arguments that it will present at the arbitration hearing. The arbitrators may consider any relevant evidence; they shall give the evidence such weight as they deem it entitled to after consideration of any objections raised concerning it. The Claimant shall have the burden of proving its case by a preponderance of the evidence. Each Party may examine any witnesses who testify at the arbitration hearing. Each Party shall bear its own costs of arbitration, except that the arbitrators shall apportion their own reasonable fees and expenses between or among the Parties, as they deem appropriate.

Appears in 6 contracts

Samples: Master Marketing and Distribution Agreement (American General Life Insurance Co of New York Separ Acct E), Master Marketing and Distribution Agreement (American General Life Insurance Co Separate Account D), Master Marketing and Distribution Agreement (American General Life Insurance Co of New York Separ Acct E)

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HEARING DATE AND TIME. The arbitration hearing shall be held on a --------------------- date fixed by the arbitrators. In no event shall this date be later than six (6) months after the appointment of the third arbitrator. As soon as possible, the arbitrators shall establish pre-arbitration procedures as warranted by the facts and issues of the particular case. At least 10 days prior to the arbitration hearing, each Party shall provide the other Party(ies) and the arbitrators with a detailed statement of the facts and arguments that it will present at the arbitration hearing. The arbitrators may consider any relevant evidence; they shall give the evidence such weight as they deem it entitled to after consideration of any objections raised concerning it. The Claimant shall have the burden of proving its case by a preponderance of the evidence. Each Party may examine any witnesses who testify at the arbitration hearing. Each Party shall bear its own costs of arbitration, except that the arbitrators shall apportion their own reasonable fees and expenses between or among the Parties, as they deem appropriate.

Appears in 2 contracts

Samples: Master Marketing and Distribution Agreement (Agl Separate Account D), Master Marketing and Distribution Agreement (Agl Separate Account D)

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