Common use of ARBITRATION AND JUDICIAL REMEDIES Clause in Contracts

ARBITRATION AND JUDICIAL REMEDIES. 9.1 If a controversy arises under or related to this Agreement, and any disputed claim by either Party against the other Party under this Agreement, excluding any dispute relating to patent validity or infringement arising under this Agreement, the Parties shall endeavor to resolve such controversy or dispute by mutual, good faith conciliation and, failing that, may mutually agree to settle the controversy or dispute by mediation in accordance with the WIPO Mediation Rule. The place of mediation shall be New York, New York. The language to be used in the mediation shall be English. Cornell reserves the right and power to proceed with direct judicial remedies without conciliation, mediation or arbitration for breach of the royalty payment and sales reporting provisions of this Agreement after giving written notice of such breach to LICENSEE followed by an opportunity period of [**] days in which to cure such breach. In collecting overdue royalty payments and securing compliance with reporting obligations, Cornell may use all judicial remedies available.

ARBITRATION AND JUDICIAL REMEDIES. 9.1 If a controversy arises under or related to this Agreement, and any disputed claim by either Party any party against the any other Party party under this Agreement, Agreement excluding any dispute relating to patent validity or infringement arising under this Agreement, the Parties parties shall endeavor to resolve such controversy or dispute by mutual, good faith conciliation and, failing that, may mutually agree to settle the controversy or dispute by mediation in accordance with the WIPO Mediation Rule. The place of mediation shall be New York, New York. The language to be used in the mediation shall be English. Cornell reserves INSTITUTIONS reserve the right and power to proceed with direct judicial remedies without conciliation, mediation or arbitration for breach of the royalty payment and sales reporting provisions of this Agreement after giving written notice of such breach to LICENSEE followed by an opportunity period of [**] days in which to cure such breach. In collecting overdue royalty payments and securing compliance with reporting obligations, Cornell INSTITUTIONS may use all judicial remedies available.