Common use of Required Notice of All Claims and Statute of Limitations Clause in Contracts

Required Notice of All Claims and Statute of Limitations. The Company and Executive agree that the aggrieved party must give written notice of any claim to the other party within one (1) year of the date the aggrieved party first has knowledge of the event giving rise to the claim; otherwise the claim shall be void and deemed waived even if there is a federal or state statute of limitations which would have given more time to pursue the claim. Written notice to the Company, or its officers, directors, employees or agents, shall be sent to its Chief Executive Officer at the Company's then-current address. Executive will be given written notice at the last address recorded in Executive's personnel file. The written notice shall identify and describe the nature of all claims asserted and the facts upon which such claims are based. The notice shall be sent to the other party by certified or registered mail, return receipt requested. Discovery Each party shall have the right to take the deposition of one individual and any expert witness designated by another party. Each party also shall have the right to propound requests for production of documents to any party. The subpoena right specified below shall be applicable to discovery pursuant to this paragraph. Additional discovery may be had only where the Arbitrator selected pursuant to this Agreement so orders, upon a showing of substantial need. Designation of Witnesses At least 30 days before the arbitration, the parties must exchange lists of witnesses, including any expert, and copies of all exhibits intended to be used at the arbitration.

Appears in 6 contracts

Samples: Employment Agreement (Long Beach Financial Corp), Employment Agreement (Long Beach Financial Corp), Employment Agreement (Long Beach Financial Corp)

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Required Notice of All Claims and Statute of Limitations. The Company and Executive I agree that the aggrieved party must give written notice of any claim to the other party within one (1) year no later than the applicable Statute of the date the aggrieved party first has knowledge of the event giving rise to the claim; otherwise the claim shall Limitations as may be void and deemed waived even if there is a federal or state statute of limitations which would have given more time to pursue the claimprescribed by law. Written notice to the Company, or its officers, directors, employees or agents, shall be sent to its Chief Executive Officer at the Company's then-current addressaddresses set forth in my Employment Agreement. Executive I will be given written notice at the last address recorded in Executive's my personnel file. The written notice shall identify and describe the nature of all claims asserted and the facts upon which such claims are based. The notice shall be sent to the other party by certified or registered mail, return receipt requested. Representation Any party may be represented by an attorney or other representative selected by the party. Discovery Each party shall have the right to take the deposition of one individual three (3) individuals and any expert witness designated by another party. Each party also shall have the right to propound make requests for production of documents to any party. The subpoena right specified below shall be applicable to discovery pursuant to this paragraph. Additional discovery may be had only where the Arbitrator arbitrator selected pursuant to this Agreement so orders, upon a an appropriate showing of substantial need. Designation of Witnesses At least 30 days before the arbitration, the parties must exchange lists of witnesses, including any expert, and copies of all exhibits intended to be used at the arbitrationjustification.

Appears in 2 contracts

Samples: Employment Agreement (Capital Trust Inc), Employment Agreement (Capital Trust Inc)

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Required Notice of All Claims and Statute of Limitations. The Company and Executive agree that the aggrieved party must give written notice of any claim to the other party within one (1) year of the date the aggrieved party first has knowledge of the event giving rise to the claim; otherwise the claim shall be void and deemed waived even if there is a federal or state statute of limitations which would have given more time to pursue the claim. Written notice to the Company, or its officers, directors, employees or agents, shall be sent to its Chief Executive Officer General Counsel at the Company's then-current address. Executive will be given written notice at the last address recorded in Executive's personnel file. The written notice shall identify and describe the nature of all claims asserted and the facts upon which such claims are based. The notice shall be sent to the other party by certified or registered mail, return receipt requested. Discovery Each party shall have the right to take the deposition of one individual and any expert witness designated by another party. Each party also shall have the right to propound requests for production of documents to any party. The subpoena right specified below shall be applicable to discovery pursuant to this paragraph. Additional discovery may be had only where the Arbitrator selected pursuant to this Agreement so orders, upon a showing of substantial need. Designation of Witnesses At least 30 days before the arbitration, the parties must exchange lists of witnesses, including any expert, and copies of all exhibits intended to be used at the arbitration.

Appears in 1 contract

Samples: Employment Agreement (Long Beach Financial Corp)

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