Common use of Full Arbitration Clause in Contracts

Full Arbitration. Unless Section 16.3.2 is applicable, in the event the Parties are not able to resolve such dispute through the dispute escalation procedure described above, either Party may at any time after such 20 Business Day period submit such dispute to be finally settled by arbitration administered in accordance with the rules of Judicial Administration and Arbitration Services (“JAMS”) in effect at the time of submission, as modified by this Section 16. The arbitration will be heard and determined by three (3) arbitrators who are retired judges or attorneys with at least ten (10) years of experience with intellectual property license agreements in the pharmaceutical or biotechnology industry, each of whom will be a neutral as to both Parties. Each Party will appoint one arbitrator and the third arbitrator will be selected by the two Party-appointed arbitrators, or, failing agreement within thirty (30) days following the date of receipt by the respondent of the claim, by JAMS. Such arbitration will take place in New York, NY. The arbitration award so given will be a final and binding determination of the dispute, will be fully enforceable in any court of competent jurisdiction, and will not include any damages expressly prohibited by Section 12. Fees, costs and expenses of arbitration are to be divided by the Parties in the following manner: LICENSEE will pay for the arbitrator it chooses, PFIZER will pay for the arbitrator it chooses, and the Parties will share payment for the third arbitrator. Except in a proceeding to enforce the results of the arbitration or as otherwise required by law, neither Party nor any arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written agreement of both Parties.

Full Arbitration. Unless Section 16.3.2 13.1(d) is applicable, in the event the Parties are not able to resolve such dispute through the dispute escalation procedure described abovemediation, either Party may at any time after such 20 Business Day 20-day period submit such dispute to be finally settled by arbitration administered in accordance with the rules of Judicial Administration and Arbitration Services (“JAMS”) in effect at the time of submission, as modified by this Section 1613.1. The arbitration will be heard and determined by three (3) arbitrators who are retired judges or attorneys with at least ten (10) years of experience with intellectual property license agreements in the pharmaceutical or and biotechnology industry, each of whom will be a neutral as to both Partiesneutral. Each Party will appoint one arbitrator and the third arbitrator will be selected by the two Party-appointed arbitrators, or, failing agreement within thirty (30) days following the date of receipt by the respondent of the claim, by JAMS. Such arbitration will take place in New York, NY. The arbitration award so given will be a final and binding determination of the dispute, will be fully enforceable in any court of competent jurisdiction, and will not include any damages expressly prohibited by Section 1211.4. Fees, costs and expenses of arbitration are to be divided by the Parties in the following manner: LICENSEE Clovis will pay for the arbitrator it chooses, PFIZER Xxxxx will pay for the arbitrator it chooses, and the Parties will share payment for the third arbitrator. Except in a proceeding to enforce the results of the arbitration or as otherwise required by law, neither Party nor any arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written agreement of both Parties.. Amended and Restated Strategic License Agreement

Full Arbitration. Unless Section 16.3.2 is applicableExcept as otherwise expressly set forth in this Agreement, in the event the Parties are have not able resolved such Dispute within twenty (20) days of receipt of the written notice referring such Dispute to resolve such dispute through the dispute escalation procedure described aboveExecutive Officers, either Party may at any time after such 20 Business Day twenty (20) day period submit such dispute Dispute to be finally settled by arbitration administered in accordance with the procedural rules of Judicial Administration and Arbitration Services the International Chamber of Commerce (the “JAMSICC”) in effect at the time of submission, as modified by this Section 1614.3. The arbitration will be governed by the Laws of the State of New York. The arbitration will be heard and determined by three (3) arbitrators who are retired judges or attorneys with at least ten (10) years of relevant experience with intellectual property license agreements in the pharmaceutical or and biotechnology industry, each of whom will be a neutral as to both Partiesimpartial and independent. Each Party will appoint one (1) arbitrator and the third (3rd) arbitrator will be selected by the two (2) Party-appointed arbitrators, or, failing agreement within thirty (30) days following appointment of the date of receipt second arbitrator, by the respondent of the claim, by JAMSICC. Such arbitration will take place in New YorkSan Francisco, NYCalifornia, USA. The arbitration award so given will will, absent manifest error, be a final and binding determination of the disputeDispute, will be fully enforceable in any court of competent jurisdiction, and will not include any damages expressly prohibited by Section 1211.4. Fees, costs and expenses of arbitration are to be divided by the Parties in the following manner: LICENSEE Licensee will pay for the arbitrator it chooses, PFIZER Cxxxxx will pay for the arbitrator it chooses, and the Parties will share payment for the third arbitrator. Except in a proceeding to enforce the results of the arbitration or as otherwise required by lawLaw, neither Party nor any arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written agreement consent of both Parties.

Full Arbitration. Unless Section 16.3.2 is applicableExcept as otherwise expressly set forth in this Agreement, in the event the Parties are have not able resolved such Dispute within [...***...] of receipt of the written notice referring such Dispute to resolve such dispute through the dispute escalation procedure described aboveExecutive Officers, either Party may at any time after such 20 Business Day [...***...] period submit such dispute Dispute to be finally settled by arbitration administered in accordance with the procedural rules of Judicial Administration and the American Arbitration Services Association (the “JAMSAAA”) in effect at the time of submission, as modified by this Section 1616.4. The arbitration will be governed by the Laws of the State of New York. The arbitration will be heard and determined by three (3) arbitrators who are retired judges or attorneys with at least ten (10) 20 years of relevant experience with intellectual property license agreements in the pharmaceutical or and biotechnology industry, each of whom will be a neutral as to both Partiesimpartial and independent and will not have worked for or on behalf of either Party for at least five years. Each Party will appoint one arbitrator and the third arbitrator will be selected by the two Party-appointed arbitrators, or, failing agreement within thirty (30) days [...***...] following appointment of the date of receipt second arbitrator, by the respondent of the claim, by JAMSAAA. Such arbitration will take place in New York, NYNew York. The arbitration award so given will will, absent manifest error, be a final and binding determination of the disputeDispute, will be fully enforceable in any court of competent jurisdiction, and will not include any damages expressly prohibited by Section 1213.5. FeesNovartis will pay the fees, costs and expenses of arbitration are to be divided by the Parties in the following manner: LICENSEE will pay for the arbitrator it chooses, PFIZER Xencor will pay the fees, costs and expenses for the arbitrator it chooses, and the Parties will share payment for the third arbitrator. Except in a proceeding to enforce the results of the arbitration or as otherwise required by lawLaw or securities exchange, neither Party nor any arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written agreement consent of both Parties.