Arbitrator’s Award. The Arbitrators shall, within fifteen (15) days after the conclusion of the arbitration hearing, issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The decision or award rendered by the Arbitrators shall be final, binding, conclusive and non-appealable, and judgment may be entered upon it in accordance with the Laws of the State of Delaware or any other court of competent jurisdiction. The Arbitrators shall be authorized to award compensatory damages, but shall not be authorized (i) to award non-economic damages, such as for emotional distress, pain and suffering or loss of consortium, (ii) to award punitive damages, or (iii) to reform, modify or materially change this Agreement or the Ancillary Agreements; provided, however, that the limitations described in the foregoing clauses (i) and (ii) shall not apply if such damages are statutorily imposed.
Appears in 6 contracts
Samples: Separation Agreement (Alkermes Plc.), Separation Agreement (Mural Oncology PLC), Separation Agreement (Mural Oncology PLC)
Arbitrator’s Award. The Arbitrators shall, within fifteen (15) days after the conclusion of the arbitration hearing, issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The decision or award rendered by the Arbitrators shall be final, binding, conclusive and non-appealable, and judgment may be entered upon it in accordance with the Laws of the State Commonwealth of Delaware Massachusetts or any other court of competent jurisdiction. The Arbitrators shall be authorized to award compensatory damages, but shall not be authorized (i) to award non-economic damages, such as for emotional distress, pain and suffering or loss of consortium, (ii) to award punitive damages, or (iii) to reform, modify or materially change this Agreement or the Ancillary Agreements; provided, however, that the limitations described in the foregoing clauses (i) and (ii) shall not apply if such damages are statutorily imposed.
Appears in 4 contracts
Samples: Separation Agreement (Ironwood Pharmaceuticals Inc), Separation Agreement (Cyclerion Therapeutics, Inc.), Separation Agreement (Cyclerion Therapeutics, Inc.)
Arbitrator’s Award. The Arbitrators shall, within fifteen (15) calendar days after the conclusion of the arbitration hearing, issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The decision or award rendered by the Arbitrators shall be final, binding, conclusive final and non-appealable, and judgment may be entered upon it in accordance with the Laws of applicable law in the State of Delaware New York or Massachusetts, as applicable, or any other court of competent jurisdiction. The Arbitrators shall be authorized to award compensatory damages, but shall not NOT be authorized (i) to award non-economic damages, such as for emotional distress, pain and suffering or loss of consortium, (ii) to award punitive damages, or (iii) to reform, modify or materially change this Agreement or the Ancillary Agreementsany other agreements contemplated hereunder; provided, however, that the damage limitations described in the foregoing clauses parts (i) and (ii) shall of this sentence will not apply if such damages are statutorily imposed.
Appears in 3 contracts
Samples: Collaboration Agreement (Forest Laboratories Inc), Collaboration Agreement (Ironwood Pharmaceuticals Inc), Collaboration Agreement (Ironwood Pharmaceuticals Inc)
Arbitrator’s Award. The Arbitrators shall, within fifteen (15) calendar days after the conclusion of the arbitration hearing, issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The decision or award rendered by the Arbitrators shall be final, binding, conclusive final and non-appealable, and judgment may be entered upon it in accordance with the Laws of applicable law in the State of Delaware New York or Colorado, as applicable, or any other court of competent jurisdiction. The Arbitrators shall be authorized to award compensatory damages, but shall not NOT be authorized (i) to award non-economic damages, such as for emotional distress, pain and suffering or loss of consortium, (ii) to award punitive damages, or (iii) to reform, modify or materially change this Agreement or the Ancillary Agreementsany other agreements contemplated hereunder; provided, however, that the damage limitations described in the foregoing clauses parts (i) and (ii) shall of this sentence will not apply if such damages are statutorily imposed.
Appears in 2 contracts
Samples: Collaboration and Commercialization Agreement (Replidyne Inc), Collaboration and Commercialization Agreement (Replidyne Inc)
Arbitrator’s Award. The Arbitrators shall, within fifteen (15) 15 calendar days after the conclusion of the arbitration hearing, issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The decision or award rendered by the Arbitrators shall be final, binding, conclusive final and non-appealable, and judgment may be entered upon it in accordance with the Laws of applicable law in the State of Delaware New York or California, as applicable, or any other court of competent jurisdiction. The Arbitrators shall be authorized to award compensatory damages, but shall not NOT be authorized (i) to award non-economic damages, such as for emotional distress, pain and suffering or loss of consortium, (ii) to award punitive damages, or (iii) to reform, modify or materially change this Agreement or the Ancillary Agreementsany other agreements contemplated hereunder; provided, however, that the damage limitations described in the foregoing clauses parts (i) and (ii) shall of this sentence will not apply if such damages are statutorily imposed.
Appears in 1 contract
Samples: License and Collaboration Agreement (Cypress Bioscience Inc)
Arbitrator’s Award. The Arbitrators arbitrators shall, within fifteen (15) days after the conclusion of the arbitration hearing, issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The decision or award rendered by the Arbitrators arbitrators shall be final, binding, conclusive final and non-non appealable, and judgment may be entered upon it in accordance with the Laws of the State of Delaware or any other court of competent jurisdiction. Either party may apply for interim injunctive relief with the arbitrators until the arbitration award is rendered or the controversy is otherwise resolved. The Arbitrators arbitrators shall be authorized to award compensatory damages, but shall not NOT be authorized (i) to award non-economic damages, such as for emotional distress, pain and suffering or loss of consortium, (ii) to award punitive damages, damages or (iii) to reform, modify or materially change this Agreement or the Ancillary Agreementsany other agreements contemplated hereunder; provided, however, that the damage limitations described in the foregoing clauses parts (i) and (ii) shall of this sentence will not apply if such damages are statutorily imposed.
Appears in 1 contract
Arbitrator’s Award. The Arbitrators shall, within fifteen (15) days [**] after the conclusion of the arbitration hearing, issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The decision or award rendered by the Arbitrators shall be final, binding, conclusive final and non-appealable, and judgment may be entered upon it in accordance with the Applicable Laws of in the State of Delaware [**] or [**], as applicable, or any other court of competent jurisdiction. The Arbitrators shall be authorized to award compensatory damages, but shall not be authorized (i) to award non-economic damages, such as for emotional distress, pain and suffering or loss of consortium, (ii) to award punitive damages, or (iii) to reform, modify or materially change this Agreement or the Ancillary Agreementsany other agreements contemplated hereunder; provided, however, that the limitations described in the foregoing clauses (i) and (ii) shall not apply if such damages are statutorily imposed.
Appears in 1 contract
Samples: Commercial Agreement (Ironwood Pharmaceuticals Inc)
Arbitrator’s Award. The Arbitrators shall, within fifteen (15) 15 calendar days after the conclusion of the arbitration hearing, issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The decision or award rendered by the Arbitrators shall be final, binding, conclusive final and non-appealable, and judgment may be entered upon it in accordance with the Laws laws of the State of Delaware in a California court, a New Jersey court or any other court of competent jurisdiction. The Arbitrators shall be authorized to award compensatory damages, but shall not NOT be authorized (i) to award non-economic damages, such as for emotional distress, pain and suffering or loss of consortium, (ii) to award punitive damages, or (iii) to reform, modify or materially change this Agreement or the Ancillary Agreementsany other agreements contemplated hereunder; provided, however, that the damage limitations described in the foregoing clauses parts (i) and (ii) shall of this sentence will not apply if such damages are statutorily imposed.
Appears in 1 contract
Arbitrator’s Award. The Arbitrators shall, within fifteen (15) days [...***...] after the conclusion of the arbitration hearing, issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The decision or award rendered by the Arbitrators shall be final, binding, conclusive final and non-appealable, and judgment may be entered upon it in accordance with the Laws of applicable law in the State of Delaware New York or California, as applicable, or any other court of competent jurisdiction. The Arbitrators shall be authorized to award compensatory damages, but shall not NOT be authorized (i) to award non-economic damages, such as for emotional distress, pain and suffering or loss of consortium, (ii) to award punitive damages, or (iii) to reform, modify or materially change this Agreement or the Ancillary Agreementsany other agreements contemplated hereunder; provided, however, that the damage limitations described in the foregoing clauses parts (i) and (ii) shall of this sentence will not apply if such damages are statutorily imposed.
Appears in 1 contract
Samples: License and Collaboration Agreement (Cypress Bioscience Inc)