Common use of Decision-Making; Limitations on JSC Clause in Contracts

Decision-Making; Limitations on JSC. Except as otherwise expressly provided in this Agreement, decisions of the JSC shall be made [* * *], with each Party having collectively one (1) vote in all decisions. The JSC shall have only such powers as are specifically delegated to it in this Agreement and such powers shall be subject to the terms and conditions set forth in this Agreement. Without limiting the generality of the foregoing, the JSC shall have no power to amend, modify, or waive compliance with this Agreement. If the JSC is unable to reach a [* * *] decision on a matter that is within its decision-making authority within [* * *] after it has met and attempted to reach such decision, then either Party may submit such matter for resolution to the Executive Officers in accordance with Section 14.2. If the Executive Officers are unable to resolve the issue due to which a decision is not able to be rendered in accordance with Section 14.2, then Catalyst shall hold the decision-making authority provided such decision does not impact ISU financially in a materially adverse way, and Catalyst considers in good faith the comments and suggestions of ISU when exercising its decision making authority. Notwithstanding the foregoing, in the event a dispute related to a decision of the JSC has not been resolved as set forth above: [* * *]. Confidential treatment has been sought for portions of this Agreement. The copy filed herewith omits the information subject to the confidential treatment request. Omissions are designated as * * *. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.

Decision-Making; Limitations on JSC. Except as otherwise expressly provided in this Agreementherein, decisions any decision of the JSC shall be made by consensus, [* * ***], with each Party having collectively one (1) vote in all decisions. The JSC shall have only such powers as are specifically delegated to it in this Agreement Agreement, and such powers shall be subject to the terms and conditions set forth in this Agreementherein. Without limiting the generality of the foregoing, the JSC shall have no power to amend, modify, modify or waive compliance with any provision of this Agreement. If In the event that the JSC is unable to reach a [* * *] consensus decision on a matter that is within its decision-making authority within [* * ***] after such matter is submitted to it has met and attempted to reach such decisionor identified for resolution, then either Party may may, by written notice to the other, submit such the matter for dispute resolution pursuant to the Executive Officers in accordance with Section 14.2. If the Executive Officers are unable to resolve the issue due to which a decision is not able to be rendered in accordance with Section 14.2, then Catalyst shall hold the decision-making authority provided such decision does not impact ISU financially in a materially adverse way, and Catalyst considers in good faith the comments and suggestions of ISU when exercising its decision making authorityArticle 12 (Dispute Resolution). Notwithstanding the foregoing, in the event a dispute related to a decision of if the JSC has is unable to reach a consensus decision on the following matters, then the matter shall first be submitted to dispute resolution by the Executive Officers under Section 12.2 (Resolution by Executive Officers), and any dispute that is not been resolved as set forth above: by such Executive Officers during * Confidential Information, indicated by [* * ***]. Confidential treatment , has been sought for portions of omitted from this Agreement. The copy filed herewith omits the information subject to the confidential treatment request. Omissions are designated as * * *. A complete version of this exhibit has been filing and filed separately with the Securities and Exchange Commission. [***] shall not be resolved as set forth in Section 12.3 (Arbitration) or litigation, but shall instead be resolved as follows: [***]. Each Party hereby expressly waives its right to seek resolution of such dispute to be resolved in accordance with this Section 4.1.8 in a court of competent jurisdiction.

Decision-Making; Limitations on JSC. Except as otherwise expressly provided in this Agreementherein, decisions any decision of the JSC shall be made by consensus, [* * ***], with each Party having collectively one (1) vote in all decisions. The JSC shall have only such powers as are specifically delegated to it in this Agreement Agreement, and such powers shall be subject to the terms and conditions set forth in this Agreementherein. Without limiting the generality of the foregoing, the JSC shall have no power to amend, modify, modify or waive compliance with any provision of this Agreement. If In the event that the JSC is unable to reach a [* * *] consensus decision on a matter that is within its decision-making authority within [* * ***] after such matter is submitted to it has met and attempted to reach such decisionor identified for resolution, then either Party may may, by written notice to the other, submit such the matter for dispute resolution pursuant to the Executive Officers in accordance with Section 14.2. If the Executive Officers are unable to resolve the issue due to which a decision is not able to be rendered in accordance with Section 14.2, then Catalyst shall hold the decision-making authority provided such decision does not impact ISU financially in a materially adverse way, and Catalyst considers in good faith the comments and suggestions of ISU when exercising its decision making authorityArticle 12 (Dispute Resolution). Notwithstanding the foregoing, in the event a dispute related to a decision of if the JSC has is unable to reach a consensus decision on the following matters, then the matter shall first be submitted to dispute resolution by the Executive Officers under Section 12.2 (Resolution by Executive Officers), and any dispute that is not been resolved by such Executive Officers during [***] shall not be resolved as set forth abovein Section 12.3 (Arbitration) or litigation, but shall instead be resolved as follows: [* * ***]. Confidential treatment has been sought for portions Each Party hereby expressly waives its right to seek resolution of such dispute to be resolved in accordance with this Agreement. The copy filed herewith omits the information subject to the confidential treatment request. Omissions are designated as * * *. A complete version Section 4.1.8 in a court of this exhibit has been filed separately with the Securities and Exchange Commissioncompetent jurisdiction.