OTHER DISCOVERY. Should Lessee discover any valuable products other than oil and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery.
OTHER DISCOVERY. If all Compounds within the AC Immune Tau Protein Imaging Patents fail in the Research and Development efforts, the Parties will discuss and agree on a Compound discovery program, the terms of which shall be mutually agreed upon by the Parties.
OTHER DISCOVERY. No other discovery shall be had, except upon order of the arbitrator, and upon a showing of substantial need.
OTHER DISCOVERY. (1) After the infor- mation exchange provided for in para- graph (a) of this section, a party may move for additional discovery. The mo- tion shall specify the method of dis- covery sought, provide the proposed discovery instruments, and describe in detail the nature of the information and/or documents sought (and, where relevant, the proposed time and place where discovery would be conducted). The Presiding Officer may order such other discovery only if it:
(i) Will neither unreasonably delay the proceeding nor unreasonably bur- den the non-moving party;
(ii) Seeks information that is most reasonably obtained from the non-mov- ing party, and which the non-moving party has refused to provide volun- tarily; and
(iii) Seeks information that has sig- nificant probative value on a disputed issue of material fact relevant to li- ability or the relief sought.
(2) Settlement positions and informa- tion regarding their development (such as penalty calculations for purposes of settlement based upon Agency settle- ment policies) shall not be discover- able.
(3) The Presiding Officer may order depositions upon oral questions only in accordance with paragraph (e)(1) of this section and upon an additional finding that:
(i) The information sought cannot reasonably be obtained by alternative methods of discovery; or
(ii) There is a substantial reason to believe that relevant and probative evi- dence may otherwise not be preserved for presentation by a witness at the hearing.
(4) The Presiding Officer may require the attendance of witnesses or the pro- duction of documentary evidence by subpoena, if authorized under the Act. The Presiding Officer may issue a sub- poena for discovery purposes only in accordance with paragraph (e)(1) of this section and upon an additional showing of the grounds and necessity therefor. Subpoenas shall be served in accord- ance with § 22.5(b)(1). Witnesses sum- moned before the Presiding Officer shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Any fees shall be paid by the party at whose request the witness appears. Where a witness ap- pears pursuant to a request initiated by the Presiding Officer, fees shall be paid by the Agency.
(5) Nothing in this paragraph (e) shall limit a party’s right to request admis- sions or stipulations, a respondent’s right to request Agency records under the Federal Freedom of Information Act, 5 U.S.C. 552, or EPA’s authority under any applicable law to conduct ...
OTHER DISCOVERY. (1) Except as pro- vided by paragraph (b) of this section, further discovery shall be permitted only upon determination by the Pre- siding Officer that (i) such discovery will not in any way unreasonably delay the proceeding; (ii) the information to be obtained is not otherwise obtain- able; and (iii) such information has sig- nificant probative value.
(2) The Presiding Officer shall order depositions upon oral questions only upon a showing of good cause and upon a finding that (i) the information sought cannot be obtained by alter- native methods; or (ii) there is substan- tial reason to believe that relevant and probative evidence may otherwise not be preserved for presentation by a wit- ness at the hearing.
(3) Any party may request further discovery by motion. Such a motion shall set forth (i) the circumstances warranting the taking of the discovery;
OTHER DISCOVERY. Notwithstanding the above, Exchange-Based Plaintiffs shall have the right, (i) after the onset of general merits discovery in the Multi-District Litigation to make requests to Barclays, without subpoena, for documents relating to USD LIBOR, including electronically stored information (“ESI”), which are non-duplicative of requests made by non- settling plaintiffs and Barclays shall cooperate (by, among other ways, allowing Exchange-Based Plaintiffs to provide search terms for electronic searches of specific Barclays custodians’ files) and produce responsive, non-privileged documents for the period January 1, 2005 through May 31, 2010; and (ii) twelve months after the Execution Date to request that Barclays produce documents and provide testimony relating to USD LIBOR that Barclays has not at that time produced to parties in the Multi-District Litigation. This provision shall be terminated if Exchange-Based Plaintiffs’ claims against all other Defendants have been dismissed in their entirety and the dismissal has been upheld on appeal. If Barclays declines to produce documents in response to a request by Exchange-Based Plaintiffs, Exchange-Based Plaintiffs shall have the right to seek production of documents from Barclays by making a motion to the Court, unless Exchange-Based Plaintiffs’ claims against all other Defendants have been dismissed in their entirety and the dismissal has been upheld on appeal. Exchange-Based Plaintiffs and Barclays agree that the standards for production set forth in Rule 34 of the Federal Rules of Civil Procedure shall apply to any request or motion made pursuant to this ¶ 27. Exchange-Based Plaintiffs shall be prohibited from seeking any documents from Barclays after more than twenty- eight (28) months from the Effective Date.
OTHER DISCOVERY. Upon the Execution Date, LG Chem and Releasees need not 13 respond to formal discovery from Indirect Purchaser Plaintiffs or otherwise participate in the 14 Actions. Further, neither LG Chem nor the Indirect Purchaser Plaintiffs shall file motions against 15 the other or initiate or participate in any discovery, motion or proceeding directly adverse to the 16 other in connection with the Actions, except as specifically provided for herein, and LG Chem and 17 the Indirect Purchaser Plaintiffs shall not be obligated to respond to or supplement prior responses 18 to formal discovery that has been previously propounded by the other in the Actions or otherwise 19 participate in the Actions. Indirect Purchaser Plaintiffs and LG Chem agree to withdraw all 20 outstanding discovery served on the other.
OTHER DISCOVERY. Upon the Execution Date, neither NEC TOKIN nor the Indirect Purchaser Plaintiffs shall file motions against the other or initiate or participate in any discovery, motion or proceeding directly adverse to the other in connection with the Actions, except as
OTHER DISCOVERY. Upon the Execution Date, neither the Panasonic Defendants nor the IPPs 28 shall file motions against the other or initiate or participate in any discovery, motion or proceeding 1 directly adverse to the other in connection with the Action, except as specifically provided for herein.
