Netgear 2012 Annual Report Download - page 231

(e)
Notwithstanding any statute or rule governing limitations of actions, any arbitration relating to or arising from
any Dispute shall be commenced by service of an arbitration demand.
(f) To commence an arbitration pursuant to this Agreement, a Party shall serve a written arbitration demand (the “
Demand ”)
on the other Party in accordance with this Agreement and at the same time submit a copy of the Demand to JAMS, together
with a check payable to JAMS in the amount of that entity’s then-current arbitration filing fee; provided
that in no event shall the
claimant be required to pay an arbitration filing fee exceeding the sum then required to file a civil action in the United States District
Court for Central District of California. The claimant shall attach a copy of this Agreement to the Demand, which shall also describe the
Dispute in sufficient detail to advise the respondent of the nature of the Dispute, state the date on which the Dispute first arose, list the
names and addresses of every Person whom the claimant believes does or may have information relating to the Dispute, and state the
relief requested by the claimant, including a monetary amount, if the claimant seeks a monetary award of any kind. Within thirty (30)
days after receiving the Demand, the respondent shall mail to the claimant a written response to the Demand (the “ Response ”),
and
submit a copy of the Response to JAMS, together with a check for the difference, if any, between the filing fee paid by the claimant and
JAMS’ then-
current arbitration filing fee. The Response shall describe the Dispute in sufficient detail to fairly inform the claimant of
the respondent’
s position in the matter, list the names and addresses of every Person whom the respondent believes does or may have
information relating to the Dispute, and, if the respondent has asserted a counterclaim, state with particularity the relief requested by the
respondent, including a specific monetary amount, if the respondent seeks a monetary award of any kind.
(g)
Promptly after service of the Response, the Parties shall confer in good faith to attempt to agree upon a suitable
arbitrator. If the Parties are unable to agree upon an arbitrator, JAMS shall select the arbitrator, based, if possible, on his or her expertise
with respect to the subject matter of the Dispute.
(h) Notwithstanding the choice-of-
law principles of any jurisdiction, the arbitrator shall be bound by and shall
resolve all Disputes in accordance with the substantive law of the State of Delaware, federal law as enunciated by the federal courts
situated in the District of Delaware, and all federal rules relating to the admissibility of evidence, including, without limitation, all
relevant privileges and the attorney work product doctrine.
(i)
Before the arbitration hearing, each Party shall be entitled to take a discovery deposition of up to three (3)
representatives of the opposing Party who has knowledge of the matters in Dispute. In addition, upon the application of a Party showing
good cause for the taking of a deposition intended to preserve evidence for introduction at trial, the arbitrator shall enter such orders as
may be necessary to permit the preservation of such Person or Person(s) and such deposition(s) shall not count with respect to any limit
imposed by agreement or otherwise on the number of discovery depositions allowed to be taken in connection with the arbitration.
Further, upon the written request of either Party, the other Party shall promptly produce documents relevant to the Dispute or
reasonably likely to lead to the discovery of admissible evidence. The manner, timing and extent of any further discovery shall be
committed to the arbitrator’
s sound discretion, provided that under no circumstances shall the arbitrator allow more depositions or
interrogatories than permitted by the presumptive limitations set forth in F.R.Civ.P. 30(a)(2)(A) and 22(a). The arbitrator shall levy
appropriate sanctions, including an award of reasonable attorneys’
fees, against any party that fails to cooperate in good faith in
discovery permitted by this Section 13.11(i) or ordered by the arbitrator.
(j)
Within thirty (30) days after the arbitration hearing is closed, the arbitrator shall issue a written award setting
forth his or her decision and the reasons thereof. If a Party prevails on a statutory
- 80 -