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Contract analysis / first-rfas-to-lumicore.docx
first-rfas-to-lumicore.docx
1014-00004 · 6 clauses
High · 1 Medium · 1 Standard · 0
1. Each Request for Admission shall be responded to separately and fully in writing under
1. Each Request for Admission shall be responded to separately and fully in writing under oath, in accordance with Rule 36(a) of the Federal Rules of Civil Procedure. A response must specifically admit or deny the matter, or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter.
2. If Lumicore cannot truthfully admit or deny a Request in its entirety, Lumicore shall,
2. If Lumicore cannot truthfully admit or deny a Request in its entirety, Lumicore shall, pursuant to Rule 36(a)(4), specify so much of the matter as is true and qualify or deny the remainder. An answering party may assert lack of knowledge or information as a reason for failing to admit or deny only if the party states that it has made reasonable inquiry and that the information it knows or can readily obtain is ins
3. If Lumicore objects to any Request on any ground, Lumicore must state the ground for t
3. If Lumicore objects to any Request on any ground, Lumicore must state the ground for the objection with specificity and must nonetheless admit or deny the Request to the extent not objectionable.
4. These Requests are subject to the Stipulated Protective Order entered in this action o Medium
⚑ Confidentiality undertaking
4. These Requests are subject to the Stipulated Protective Order entered in this action on August 12, 2024 (D.E. 30), including the three-tier confidentiality designations established therein (i.e., Confidential, Highly Confidential – Attorneys' Eyes Only, and Highly Confidential – Source Code). To the extent any response requires the disclosure of information designated under any tier of the Protective Order, Lumico
5. These Requests are continuing in nature pursuant to Federal Rule of Civil Procedure 26
5. These Requests are continuing in nature pursuant to Federal Rule of Civil Procedure 26(e). If, after serving initial responses, Lumicore obtains additional information or knowledge that renders a prior response incomplete or incorrect, Lumicore is obligated to amend or supplement its responses in a timely manner.
6. Words used in the singular shall include the plural, and words used in the plural shal High
⚑ Non-compete / exclusivity restraint
6. Words used in the singular shall include the plural, and words used in the plural shall include the singular, as context requires. The terms "and" and "or" shall be construed disjunctively or conjunctively as necessary to make each Request inclusive rather than exclusive. 7. "Including" means "including but not limited to" and shall not be construed to limit the scope of any Request. REQUESTS FOR ADMISSION A. Auth