Common use of Appointment of New Expert Clause in Contracts

Appointment of New Expert. If within the time specified in Paragraph 4(a) above the expert will not have rendered a decision in accordance with his appointment, a new expert may (at the request of either party) be appointed and the appointment of the existing expert will thereupon cease for the purposes of determining the matter at issue between the parties save this if the existing expert renders his decision with full reasons prior to the appointment of the new expert, then this decision will have effect and the proposed appointment of the new expert will be withdrawn.

Appears in 19 contracts

Samples: Manufacturing Services Agreement (Acelrx Pharmaceuticals Inc), Master Manufacturing Services Agreement (Horizon Therapeutics Public LTD Co), Manufacturing Services Agreement (Horizon Therapeutics Public LTD Co)

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Appointment of New Expert. If within the time specified in Paragraph 4(a) above the expert will not have rendered a decision in accordance with his appointment, a new expert may (at the request of either party) be appointed and the appointment of the existing expert will thereupon cease for the purposes of determining the matter at issue between the parties save this except if the existing expert renders his decision with full reasons prior to the appointment of the new expert, then this decision will have effect and the proposed appointment of the new expert will be withdrawn.

Appears in 13 contracts

Samples: Manufacturing Services Agreement (Evoke Pharma Inc), Manufacturing Services Agreement (Evoke Pharma Inc), Master Manufacturing Services Agreement (Indivior PLC)

Appointment of New Expert. If within the time specified in Paragraph paragraph 4(a) above the expert will shall not have rendered a decision in accordance with his appointment, a new expert may (at the request of either party) be appointed and the appointment of the existing expert will shall thereupon cease for the purposes of determining the matter at issue between the parties save this that if the existing expert renders his decision with full reasons prior to the appointment of the new expert, then this such a decision will shall have effect and the proposed appointment of the new expert will shall be withdrawn.

Appears in 12 contracts

Samples: Manufacturing Services Agreement, Master Manufacturing Services Agreement (Avadel Pharmaceuticals PLC), Manufacturing Services Agreement (Reliant Pharmaceuticals, Inc.)

Appointment of New Expert. If within the time specified in Paragraph 4(a) above the expert will not have rendered a decision in accordance with his appointment, a new expert may (at the request of either partyParty) be appointed and the appointment of the existing expert will thereupon cease for the purposes of determining the matter at issue between the parties Parties save this if the existing expert renders his decision with full reasons prior to the appointment of the new expert, then this decision will have effect and the proposed appointment of the new expert will be withdrawn.

Appears in 4 contracts

Samples: Master Manufacturing Services Agreement (Acadia Pharmaceuticals Inc), Master Manufacturing Services Agreement (Acadia Pharmaceuticals Inc), Master Manufacturing Services Agreement (Acadia Pharmaceuticals Inc)

Appointment of New Expert. If within the time specified in Paragraph 4(a) above the expert will not have rendered a decision in accordance with his appointmentdecision, a new expert may (at the request of either party) be appointed and the appointment of the existing expert will thereupon cease for the purposes of determining the matter at issue between the parties save this Parties; provided, however, if the existing expert renders her or his decision with full reasons prior to the appointment of the new expert, then this decision will have effect and the proposed appointment of the new expert will be withdrawn.

Appears in 2 contracts

Samples: Supply Agreement (Relypsa Inc), Supply Agreement (Relypsa Inc)

Appointment of New Expert. If within the time specified in Paragraph paragraph 4(a) above the expert will shall not have rendered a decision in accordance with his appointment, a new expert may (at the request of either party) be appointed and the appointment of the existing expert will shall thereupon cease for the purposes of determining the matter at issue between the parties save this that if the existing expert renders his decision with full reasons prior to the appointment of the new expert, then this such a decision will shall have effect and the proposed appointment of the new expert will shall be withdrawn.

Appears in 2 contracts

Samples: Manufacturing Services Agreement (Sepracor Inc /De/), Manufacturing Services Agreement (Sepracor Inc /De/)

Appointment of New Expert. If within the time specified in Paragraph 4(a) above the expert will not have rendered a decision in accordance with his appointment, a new expert may (at the request of either partyParty) be appointed and the appointment of the existing expert will thereupon cease for the purposes of determining the matter at issue between the parties save this Parties except if the existing expert renders his decision with full reasons prior to the appointment of the new expert, then this decision will have effect and the proposed appointment of the new expert will be withdrawn.

Appears in 2 contracts

Samples: Manufacturing and Supply Agreement (ChemoCentryx, Inc.), Master Manufacturing Services Agreement (Paratek Pharmaceuticals, Inc.)

Appointment of New Expert. If within the time specified in Paragraph paragraph 4(a) above the expert will shall not have rendered a decision in accordance with his the appointment, a new expert may (at the request of either party) be appointed and the appointment of the existing expert will shall thereupon cease for the purposes of determining the matter at issue between the parties Technical Dispute, save this that if the existing expert renders his a decision with full reasons prior to the appointment of the new expert, then this such a decision will shall have effect and the proposed appointment of the new expert will shall be withdrawn.

Appears in 2 contracts

Samples: Drug Product Manufacturing Services Agreement (Depomed Inc), Drug Product Manufacturing Services Agreement (Egalet Corp)

Appointment of New Expert. If within the time specified in Paragraph 4(a) above the expert will not have rendered a decision in accordance with his or her appointment, a new expert may (at the request of either partyParty) be appointed and the appointment of the existing expert will thereupon cease for the purposes of determining the matter at issue between the parties Parties save this if the existing expert renders his or her decision with full reasons prior to the appointment of the new expert, then this first decision will have effect and the proposed appointment of the new expert will be withdrawn.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Penwest Pharmaceuticals Co)

Appointment of New Expert. If within the time specified in Paragraph paragraph 4(a) above the expert will has not have rendered a decision in accordance with his appointment, a new expert may (at the request of either partyParty) be appointed and the appointment of the existing expert will thereupon cease for the purposes of determining the matter at issue between the parties Parties save this that if the existing expert renders his decision with full reasons prior to the appointment of the new expert, then this decision will have effect and the proposed appointment of the new expert will be withdrawn.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Keryx Biopharmaceuticals Inc)

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Appointment of New Expert. If within the time specified in Paragraph 4(a) above the expert will not have rendered a decision in accordance with his appointment, a new expert may (at the request of either party) be appointed by mutual written agreement of the Parties and the appointment of the existing expert will thereupon cease for the purposes of determining the matter at issue between the parties save this if the existing expert renders his decision with full reasons prior to the appointment of the new expert, then this decision will have effect and the proposed appointment of the new expert will be withdrawn.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Acura Pharmaceuticals, Inc)

Appointment of New Expert. If within the time specified in Paragraph 4(a) above the expert will not have rendered a decision in accordance with his appointment, a new expert may (at the request of either party) be appointed and the appointment of the existing expert will thereupon cease for the purposes of determining the matter at issue between the parties save this except if the existing expert renders his decision with full reasons *** Confidential Treatment Requested prior to the appointment of the new expert, then this decision will have effect and the proposed appointment of the new expert will be withdrawn.

Appears in 1 contract

Samples: Master Manufacturing Services Agreement (Neurocrine Biosciences Inc)

Appointment of New Expert. If within the time specified in Paragraph paragraph 4(a) above the expert will shall not have rendered a decision in accordance with his appointment, a new expert may (at the request of either partyParty) be appointed and the appointment of the existing expert will shall thereupon cease for the purposes of determining the matter at issue between the parties Parties save this that if the existing expert renders his decision with full reasons prior to the appointment of the new expert, then this such a decision will shall have effect and the proposed appointment of the new expert will shall be withdrawn.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Transcept Pharmaceuticals Inc)

Appointment of New Expert. If within the time specified in Paragraph 4(aparagraph 3(a) above the expert will shall not have rendered a decision in accordance with his appointment, a new expert may (at the request of either party) be appointed and the appointment of the existing expert will shall thereupon cease for the purposes of determining the matter at issue between the parties save this that if the existing expert renders his decision with full reasons prior to the appointment of the new expert, then this such a decision will shall have effect and the proposed appointment of the new expert will shall be withdrawn.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Somaxon Pharmaceuticals, Inc.)

Appointment of New Expert. If within the time specified in Paragraph 4(aparagraph 3(a) above the expert will shall not have rendered a decision in accordance with his appointment, a new expert may (at the request of either party) be appointed and the appointment of the existing expert will shall thereupon cease for the purposes of determining the matter at issue between the parties save this that if the existing expert renders his decision with full 11111 reasons prior to the appointment of the new expert, then this such a decision will shall have effect and the proposed appointment of the new expert will shall be withdrawn.

Appears in 1 contract

Samples: Manufacturing Services Agreement (New River Pharmaceuticals Inc)

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