Common use of Witness Interviews Clause in Contracts

Witness Interviews. Upon reasonable notice after the Preliminary Approval Motions have been granted in all of the Collective Actions, HIAMS shall, at Direct Purchaser Plaintiff’s request, make its reasonable best efforts to make available for an interview with Settlement Class Counsel and settlement class counsel for the End Payor Plaintiffs and Automobile Dealership Plaintiffs (to the extent the End Payor Plaintiffs and Automobile Dealership Plaintiffs remain in the Collective Actions) and/or their experts unless otherwise agreed a total of eight (8) persons who are selected by Settlement Class Counsel, and which may consist of directors, officers, and/or employees of HIAMS at the time of the selection whom the parties reasonably and in good faith believe possess knowledge of facts or information that would reasonably assist Direct Purchaser Plaintiff in the prosecution of claims for the Collective Released Parts in the Collective Actions. Interviews shall each be limited to a total of seven (7) hours over one (1) day. To the extent that the person to be interviewed requests an interpreter, interviews shall be limited to a total of twelve (12) hours, which would occur over two (2) consecutive days at the request of the interviewee. Each of the eight (8) persons shall be interviewed only once. Upon reasonable notice by Settlement Class Counsel, HIAMS shall use its best efforts to make available by telephone the persons who have been interviewed as set forth in this Paragraph 8(b) to answer follow-up questions for a period not to exceed two (2) hours. HIAMS will in good faith consider requests for additional persons for interviews and depositions, if appropriate, in its discretion. If any such interview takes place outside of the country of the witness’s residence, Direct Purchaser Plaintiff shall reimburse HIAMS for such person’s economy class fare and $450 per day for lodging and expenses. The maximum reimbursement to HIAMS for any witness shall be $2,250. In no event shall Direct Purchaser Plaintiff be responsible for reimbursing such person for time or services rendered. If the interview and the below-described deposition occur during the same trip, the above limitations will apply to that trip. Nothing in this provision shall prevent HIAMS from objecting to the reasonableness of the identity and number of persons selected by Settlement Class Counsel and settlement class counsel for the End Payor Plaintiffs and Automobile Dealership Plaintiffs to appear for interviews, for depositions, or as trial witnesses.