Common use of Arbitration; Jurisdiction Clause in Contracts

Arbitration; Jurisdiction. Except as otherwise provided in Section 5.6 and 13.2, any dispute not resolved pursuant to Section 13.2 shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules. Subject to Section 9.4.2, the injured Party shall be entitled to all damages suffered of whatever sort, except that no award of lost profits, or other consequential, special or punitive damages shall be granted by the arbitration panel. The decision of the arbitrator(s) shall be binding on the Parties unless secured by fraud, and enforceable by a court of competent jurisdiction as described below in this Section 13.3. Notwithstanding anything to the contrary in this Section 13.3, each Party shall have the right to seek injunctive or other equitable relief from a court of competent jurisdiction that may be necessary to avoid irreparable harm, maintain the status quo or preserve the subject matter of the arbitration. Arbitration will take place in PARIS (FRANCE) if requested by NOVACEA and in SAN FRANCISCO, CALIFORNIA (USA), if requested by XXXXXX XXXXX. Arbitration will be conducted in the English language. Each Party, for the purpose of enforcing an award under this Section 13.3, adjudicating the matters described in this Section 13.3 with respect to intellectual property rights or seeking equitable relief pursuant to Section 13.4, irrevocably submits to the exclusive jurisdiction of federal courts located in SAN FRANCISCO, CALIFORNIA , USA (if XXXXXX XXXXX is seeking same), or the Tribunal de Grande Instance, located in PARIS (FRANCE) (if NOVACEA is seeking same).

Arbitration; Jurisdiction. Except as otherwise expressly provided in this Agreement (including, without limitation, in Section 5.6 9.3.1 (Material Change in Key Assumptions) and 13.2Section 11.3.6 (Third Party Royalties)), any dispute not resolved pursuant to Section 13.2 22.2 shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules. Subject to Section 9.4.218.6.2, the injured Party shall be entitled to all damages suffered of whatever sort, except that no award of lost profits, or other consequential, special or punitive damages shall be granted by the arbitration panel. The decision of the arbitrator(s) shall be binding on the Parties unless secured obscured by fraud, and enforceable by a court of competent jurisdiction as described below in this Section 13.322.3. Notwithstanding anything to the contrary in this Section 13.322.3, each Party shall have the right to seek injunctive or other equitable relief from a court of competent jurisdiction that may be necessary to avoid irreparable harm, maintain the status quo or preserve the subject matter of the arbitration. Arbitration will take place in PARIS (FRANCE) if requested by NOVACEA and in SAN FRANCISCO, CALIFORNIA (USA), if requested by XXXXXX XXXXX. Arbitration will be conducted in the English language. Disputes regarding the validity, scope or enforceability of intellectual property rights shall be submitted to a court of competent jurisdiction pursuant to the immediately following paragraph. Each Party, for the purpose of enforcing an award under this Section 13.322.3 (or under Section 22.4), adjudicating the matters described in this Section 13.3 22.3 with respect to intellectual property rights or seeking equitable relief pursuant to Section 13.422.6, irrevocably submits to the exclusive jurisdiction of federal courts located in SAN FRANCISCO, CALIFORNIA CALIFORNIA, USA (if XXXXXX XXXXX is seeking same), or the Tribunal de Grande Instance, Instance located in PARIS (FRANCE) (if NOVACEA is seeking same).