Common use of Casting Vote at CMCC Clause in Contracts

Casting Vote at CMCC. If a dispute at the CMCC is not resolved pursuant to Section 2.4 above, then (i) in the case of any disputes relating to the Intrexon Materials, the manufacture of a Fibrocell Product’s active pharmaceutical ingredient, the use of Intrexon Channel Technology or Intrexon IP in the manufacture of an Improved Product’s active pharmaceutical ingredient, or the manufacturing of other components of Fibrocell Products or Improved Products contracted for or manufactured by Intrexon or reasonable controls regarding the dissemination of Intrexon Technology, Intrexon IP or Intrexon Materials, the Executive Officer of Intrexon shall have the authority to finally resolve such dispute; and (ii) in the case of any other disputes, the Executive Officer of Fibrocell shall have the authority to finally resolve such dispute.

Casting Vote at CMCC. If a dispute at the CMCC is not resolved pursuant to Section 2.4 above, then (i) in the case of any disputes relating to the Intrexon Materials, the manufacture of a Fibrocell Product’s active pharmaceutical ingredient, the use portion of the Collaboration Product using Intrexon Channel Technology or Intrexon IP in the manufacture of an Improved Product’s active pharmaceutical ingredientIP, or the manufacturing of other components of Fibrocell Products or Improved Collaboration Products contracted for or manufactured by Intrexon (if any) or reasonable controls regarding the dissemination of Intrexon Technology, Intrexon IP or Intrexon Materials, the Executive Officer of Intrexon shall have the authority to finally resolve such dispute; and (ii) in the case of any other disputes, the Executive Officer of Fibrocell Histogenics shall have the authority to finally resolve such dispute.