Awards and Fees. The arbitrator(s) may only consider awards of direct monetary damages and will not under any circumstances have the authority to grant (a) injunctive relief, (b) equitable relief, (c) orders for specific performance, (d) punitive damages or (e) consequential damages as described in Section 10.1. The allocation of expenses of the arbitration, including reasonable attorney’s fees, will be determined by the arbitrator(s), or, in the absence of such determination, each Party will pay its own expenses.
Appears in 4 contracts
Samples: License Agreement (Allogene Therapeutics, Inc.), License Agreement (Cellectis S.A.), License Agreement (Cellectis S.A.)
Awards and Fees. The arbitrator(s) may only consider have the authority to make awards of direct declaratory relief and monetary damages, but they may not award damages excluded under Section 9.3, and will not under any circumstances have the authority or power to grant (a) injunctive relief, (bi) equitable relief, relief or (cii) orders for specific performance, (d) punitive damages or (e) consequential damages as described in Section 10.1. The allocation of expenses of the arbitration, including reasonable attorney’s fees, will be determined by the arbitrator(s), or, in the absence of such determination, each Party will pay its own expenses, including attorney’s fees.
Appears in 3 contracts
Samples: Sublicense Agreement (Entrada Therapeutics, Inc.), Sublicense Agreement (Entrada Therapeutics, Inc.), Sublicense Agreement (Entrada Therapeutics, Inc.)
Awards and Fees. The arbitrator(s) may only consider have the authority to make awards of direct declaratory relief and monetary damages, but they may not award damages excluded under Section 8.3, and will not under any circumstances have the authority or power to grant (a) injunctive relief, (bi) equitable relief, relief or (cii) orders for specific performance, (d) punitive damages or (e) consequential damages as described in Section 10.1. The allocation of expenses of the arbitration, including reasonable attorney’s fees, will be determined by the arbitrator(s), or, in the absence of such determination, each Party will pay its own expenses, including attorney’s fees.
Appears in 3 contracts
Samples: Strategic Collaboration and License Agreement (Entrada Therapeutics, Inc.), Strategic Collaboration and License Agreement (Entrada Therapeutics, Inc.), Strategic Collaboration and License Agreement (Entrada Therapeutics, Inc.)
Awards and Fees. The arbitrator(s) may only consider issue awards of direct monetary damages and will not under any circumstances have the authority or power to grant (a) injunctive relief, (bi) equitable relief, (cii) orders for specific performance, (diii) punitive damages or (eiv) consequential damages as described to the extent set forth in Section 10.18.3, consequential damages. The allocation of expenses of the arbitration, including reasonable attorney’s fees, will be determined by the arbitrator(s), or, in the absence of such determination, each Party will pay its own expenses, including attorney’s fees.
Appears in 2 contracts
Samples: Collaboration and License Agreement (Affinia Therapeutics Inc.), Collaboration and License Agreement (Affinia Therapeutics Inc.)
Awards and Fees. The arbitrator(s) may only consider awards of direct monetary damages and will not under any circumstances have the authority to grant (a) injunctive relief, (b) equitable relief, (c) orders for specific performance, (d) punitive damages or (e) consequential damages as described in Section 10.1. The allocation of expenses of the arbitration, including reasonable attorney’s fees, will be determined by the arbitrator(s), or, in the absence of such determination, each Party will pay its own expenses.[***] = CONFIDENTIAL TREATMENT REQUESTED
Appears in 1 contract
Samples: Research Collaboration and License Agreement (Allogene Therapeutics, Inc.)
