Common use of Decisions; Timing of Decisions Clause in Contracts

Decisions; Timing of Decisions. The Arbitral Tribunal shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, and shall endeavor to render such opinion within no later than [***] from the date on which the Arbitral Tribunal was appointed to the dispute. A transcript of the evidence adduced at the arbitration hearing shall be made and, upon request, shall be made available to each Party. * Confidential Information, indicated by [***], has been omitted from this filing and filed separately with the Securities and Exchange Commission The time periods set forth in the ICC Arbitration Rules shall be followed; provided however that the arbitrators may modify such time periods as reasonably necessary to render a written opinion in accordance with this Section 22.5. The Arbitral Tribunal is empowered to award any remedy allowed by law, including money damages, prejudgment interest and attorneys’ fees, and to grant final, complete, interim, or interlocutory relief, including injunctive relief. The arbitration provisions of this Agreement do not preclude either Party [***]. Any arbitration proceeding hereunder shall be confidential and the arbitrators shall issue appropriate protective orders to safeguard each Party’s Confidential Information. Except as required by Applicable Law, neither Party shall make (or instruct the arbitrators to make) any public announcement with respect to the proceedings or decision of the arbitrators without prior written consent of the other Party. The existence of any dispute submitted to arbitration, and the award, shall be kept in confidence by the Parties and the arbitrators, except as required in connection with the enforcement of such award or as otherwise required by Applicable Law. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] shall be determined in a court of competent jurisdiction under [***]. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] shall be determined in a court of competent jurisdiction under [***].

Appears in 2 contracts

Samples: License Agreement, License Agreement (Global Blood Therapeutics, Inc.)

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Decisions; Timing of Decisions. The Arbitral Tribunal arbitrators shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, and shall endeavor to render such opinion within no later than [***] from the date on which the Arbitral Tribunal was arbitrators were appointed to the dispute. A transcript of the evidence adduced at the arbitration hearing shall be made and, upon request, shall be made available to each Party. * Confidential InformationNotwithstanding the above, indicated by in the case of JRC, JDC or JCC disputes that are not finally resolved pursuant to Section 11.5.3, the arbitrators shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, within no later than [***], has been omitted ] from this filing and filed separately with the Securities and Exchange Commission date on which the arbitrators were appointed to the dispute. The time periods set forth in the ICC AAA Arbitration Rules shall be followed; provided however that the arbitrators may modify such time periods as reasonably necessary to render a written opinion in accordance with this Section 22.523.7.2. The Arbitral Tribunal arbitrator is empowered to award any remedy allowed by law, including money damages, prejudgment interest and attorneys’ fees, and to grant final, complete, interim, or interlocutory relief, including injunctive relief. The This arbitration provisions of this Agreement do agreement does not preclude either Party [***]seeking conservatory or interim measures from any court of competent jurisdiction including, without limitation, the courts having jurisdiction by reason of either Party’s domicile. Conservatory or interim measures sought by either Party in any one or more jurisdictions shall not preclude the Arbitral Tribunal granting conservatory or interim measures. Conservatory or interim measures sought by either Party before the Arbitral Tribunal shall not preclude any court of competent jurisdiction granting conservatory or interim measures. In the event that any issue shall arise which is not clearly provided for in this Section 23.7, the matter shall be resolved in accordance with the AAA Arbitration Rules. Any arbitration proceeding hereunder shall be confidential and the arbitrators shall issue appropriate protective orders to safeguard each Party’s Confidential Information. Except as required by Applicable Lawlaw, neither Party shall make (or instruct the arbitrators to make) any public announcement with respect to the proceedings or decision of the arbitrators without prior written consent of the other Party. The existence of any dispute submitted to arbitration, and the award, shall be kept in confidence by the Parties and the arbitrators, except as required in connection with the enforcement of such award or as otherwise required by Applicable Law. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] the scope, construction, validity and/or enforceability of any Patent Rights shall be determined in a court of competent jurisdiction under [***]the local patent laws of the jurisdictions having issued the Patent Rights in question. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] a breach or alleged breach of a Party’s obligations under Article 20 (Obligation Not to Disclose Confidential Information) shall be determined in a court of competent jurisdiction under [***]the laws of the State of New York, with express exclusion of its conflict of laws principles and any and all issues regarding the scope, construction, validity and/or enforceability of any Patent Rights shall be determined in a court of competent jurisdiction under the local patent laws of the jurisdictions having issued the Patent Rights in question.

Appears in 2 contracts

Samples: License Agreement (C4 Therapeutics, Inc.), License Agreement (C4 Therapeutics, Inc.)

Decisions; Timing of Decisions. The Arbitral Tribunal arbitrators shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, and shall endeavor to render such opinion within no later than [***] from the date on which the Arbitral Tribunal was arbitrators were appointed to the dispute. A transcript of the evidence adduced at the arbitration hearing shall be made and, upon request, shall be made available to each Party. * Confidential InformationNotwithstanding the above, indicated by in the case of JRC disputes that are not finally resolved pursuant to Section 6.6.3, the arbitrators shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, within no later than [***], has been omitted ] from this filing and filed separately with the Securities and Exchange Commission date on which the arbitrators were appointed to the dispute. The time periods set forth in the ICC Arbitration AAA Rules shall be followed; provided however that the arbitrators may modify such time periods as reasonably necessary to render a written opinion in accordance with this Section 22.518.3.2. The Arbitral Tribunal Arbitrator is empowered to award any remedy allowed by law, including money damages, prejudgment interest and attorneys’ fees, and to grant final, complete, interim, or interlocutory relief, including injunctive relief. The This arbitration provisions of this Agreement do agreement does not preclude either Party [***]seeking conservatory or interim measures from any court of competent jurisdiction including, without limitation, the courts having jurisdiction by reason of either Party’s domicile. Conservatory or interim measures sought by either Party in any one or more jurisdictions shall not preclude the Arbitral Tribunal granting conservatory or interim measures. Conservatory or interim measures sought by either Party before the Arbitral Tribunal shall not preclude any court of competent jurisdiction granting conservatory or interim measures. ln the event that any issue shall arise which is not clearly provided for in this Section 18.3, the matter shall be resolved in accordance with the AAA Rules. Any arbitration proceeding hereunder shall be confidential and the arbitrators shall issue appropriate protective orders to safeguard each Party’s Confidential Informationlnformation. Except as required by Applicable Lawlaw, neither Party shall make (or instruct the arbitrators to make) any public announcement with respect to the proceedings or decision of the arbitrators without prior written consent of the other Party. The existence of any dispute submitted to arbitration, and the award, shall be kept in confidence by the Parties and the arbitrators, except as required in connection with the enforcement of such award or as otherwise required by Applicable Law. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] the scope, construction, validity and/or enforceability of any Patent Rights shall be determined in a court of competent jurisdiction under [***]the local patent laws of the jurisdictions having issued the Patent Rights in question. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] a breach or alleged breach of a Party’s obligations under Article 15 (Obligation Not to Disclose Confidential lnformation) shall be determined in a court of competent jurisdiction under [***]the laws of New York, with express exclusion of its conflict of laws principles.

Appears in 2 contracts

Samples: License Agreement (Avista Public Acquisition Corp. II), License Agreement (OmniAb, Inc.)

Decisions; Timing of Decisions. The Arbitral Tribunal arbitrators shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, and shall endeavor to render such opinion within no later than [***] from the date on which the Arbitral Tribunal was arbitrators were appointed to the dispute. A transcript of the evidence adduced at the arbitration hearing shall be made and, upon request, shall be made available to each Party. * Confidential Information, indicated by [***], has been omitted from this filing and filed separately with the Securities and Exchange Commission The time periods set forth in the ICC AAA Arbitration Rules shall be followed; provided however that the arbitrators may modify such time periods as reasonably necessary to render a written opinion in accordance with this Section 22.519.3.2. The Arbitral Tribunal Arbitrator is empowered to award any remedy allowed by law, including money damages, prejudgment interest and attorneys’ fees, and to grant final, complete, interim, or interlocutory relief, including injunctive relief. The ***Confidential Treatment Requested*** This arbitration provisions of this Agreement do agreement does not preclude either Party [***]seeking conservatory or interim measures from any court of competent jurisdiction including, without limitation, the courts having jurisdiction by reason of either Party’s domicile. Conservatory or interim measures sought by either Party in any one or more jurisdictions shall not preclude the Arbitral Tribunal granting conservatory or interim measures. Conservatory or interim measures sought by either Party before the Arbitral Tribunal shall not preclude any court of competent jurisdiction granting conservatory or interim measures. In the event that any issue shall arise which is not clearly provided for in this Section 19.3, the matter shall be resolved in accordance with the AAA Arbitration Rules. Any arbitration proceeding hereunder shall be confidential and the arbitrators shall issue appropriate protective orders to safeguard each Party’s Confidential Information. Except as required by Applicable Lawlaw, neither Party shall make (or instruct the arbitrators to make) any public announcement with respect to the proceedings or decision of the arbitrators without prior written consent of the other Party. The existence of any dispute submitted to arbitration, and the award, shall be kept in confidence by the Parties and the arbitrators, except as required in connection with the enforcement of such award or as otherwise required by Applicable Law. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] the scope, construction, validity and/or enforceability of any Patent Rights shall be determined in a court of competent jurisdiction under [***]the local patent laws of the jurisdictions having issued the Patent Rights in question. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] a breach or alleged breach of a Party’s obligations under Article 16 (Obligation Not to Disclose Confidential Information) shall be determined in a court of competent jurisdiction under [***]the laws of New York, with express exclusion of its conflict of laws principles.

Appears in 2 contracts

Samples: Commercialization Agreement (Foundation Medicine, Inc.), Commercialization Agreement (Foundation Medicine, Inc.)

Decisions; Timing of Decisions. The Arbitral Tribunal arbitrators shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, and shall endeavor to render such opinion within no later than [***] six (6) months from the date on which the Arbitral Tribunal was arbitrators were appointed to the dispute. A transcript of the evidence adduced at the arbitration hearing shall be made and, upon request, shall be made available to each Party. * Confidential Information, indicated by [***], has been omitted from this filing and filed separately with the Securities and Exchange Commission The time periods set forth in the ICC AAA Arbitration Rules shall be followed; provided however that the arbitrators may modify such time periods as reasonably necessary to render a written opinion in accordance with this Section 22.523.3.2. The Arbitral Tribunal Arbitrator is empowered to award any remedy allowed by law, including money damages, prejudgment interest and attorneys’ fees, and to grant final, complete, interim, or interlocutory relief, including injunctive relief. The This arbitration provisions of this Agreement do agreement does not preclude either Party [***]seeking conservatory or interim measures from any court of competent jurisdiction including, without limitation, the courts having jurisdiction by reason of either Party's domicile. Conservatory or interim measures sought by either Party in any one or more jurisdictions shall not preclude the Arbitral Tribunal granting conservatory or interim measures. Conservatory or interim measures sought by either Party before the Arbitral Tribunal shall not preclude any court of competent jurisdiction granting conservatory or interim measures. In the event that any issue shall arise which is not clearly provided for in this Section 23.3, the matter shall be resolved in accordance with the AAA Arbitration Rules. Any arbitration proceeding hereunder shall be confidential and the arbitrators shall issue appropriate protective orders to safeguard each Party’s Confidential Information. Except as required by Applicable LawLaw or in a proceeding to enforce the results of the arbitration, neither Party shall make (or instruct the arbitrators to make) any public announcement with respect to the proceedings or decision of the arbitrators without prior written consent of the other Party. The existence of any dispute submitted to arbitration, and the award, shall be kept in confidence by the Parties and the arbitrators, except as required in connection with the enforcement of such award or as otherwise required by Applicable Law. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] the scope, construction, validity and/or enforceability of any Patent Rights shall be determined in a court of competent jurisdiction under [***]the local patent laws of the jurisdictions having issued the Patent Rights in question. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] a breach or alleged breach of a Party’s obligations under Article 20 (Obligation Not to Disclose Confidential Information) shall be determined in a court of competent jurisdiction under [***]the laws of the State of New York, with express exclusion of its conflict of laws principles. Fees, costs and expenses of arbitration are to be divided by the Parties in the following manner: BPM will pay for the arbitrator it chooses, Roche will pay for the arbitrator it chooses, and the Parties will share payment for the third arbitrator.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Blueprint Medicines Corp), Collaboration and License Agreement (Blueprint Medicines Corp)

Decisions; Timing of Decisions. The Arbitral Tribunal arbitrators shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, and shall endeavor to render such opinion within no later than [***] from the date on which the Arbitral Tribunal was arbitrators were appointed to the dispute. A transcript of the evidence adduced at the arbitration hearing shall be made and, upon request, shall be made available to each Party. * Confidential InformationNotwithstanding the above, indicated by in the case of JRC disputes that are not finally resolved pursuant to Section 6.6.3, the arbitrators shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, within no later than [***], has been omitted ] from this filing and filed separately with the Securities and Exchange Commission date on which the arbitrators were appointed to the dispute. The time periods set forth in the ICC Arbitration AAA Rules shall be followed; provided however that the arbitrators may modify such time periods as reasonably necessary to render a written opinion in accordance with this Section 22.518.3.2. The Arbitral Tribunal Arbitrator is empowered to award any remedy allowed by law, including money damages, prejudgment interest and attorneys’ fees, and to grant final, complete, interim, or interlocutory relief, including injunctive relief. The ​ ​ This arbitration provisions of this Agreement do agreement does not preclude either Party [***]seeking conservatory or interim measures from any court of competent jurisdiction including, without limitation, the courts having jurisdiction by reason of either Party’s domicile. Conservatory or interim measures sought by either Party in any one or more jurisdictions shall not preclude the Arbitral Tribunal granting conservatory or interim measures. Conservatory or interim measures sought by either Party before the Arbitral Tribunal shall not preclude any court of competent jurisdiction granting conservatory or interim measures. ln the event that any issue shall arise which is not clearly provided for in this Section 18.3, the matter shall be resolved in accordance with the AAA Rules. Any arbitration proceeding hereunder shall be confidential and the arbitrators shall issue appropriate protective orders to safeguard each Party’s Confidential Informationlnformation. Except as required by Applicable Lawlaw, neither Party shall make (or instruct the arbitrators to make) any public announcement with respect to the proceedings or decision of the arbitrators without prior written consent of the other Party. The existence of any dispute submitted to arbitration, and the award, shall be kept in confidence by the Parties and the arbitrators, except as required in connection with the enforcement of such award or as otherwise required by Applicable Law. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] the scope, construction, validity and/or enforceability of any Patent Rights shall be determined in a court of competent jurisdiction under [***]the local patent laws of the jurisdictions having issued the Patent Rights in question. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] a breach or alleged breach of a Party’s obligations under Article 15 (Obligation Not to Disclose Confidential lnformation) shall be determined in a court of competent jurisdiction under [***]the laws of New York, with express exclusion of its conflict of laws principles.

Appears in 1 contract

Samples: License Agreement (Avista Public Acquisition Corp. II)

Decisions; Timing of Decisions. The Arbitral Tribunal arbitrators shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, and shall endeavor to render such opinion within no later than [***] from the date on which the Arbitral Tribunal was arbitrators were appointed to the dispute. A transcript of the evidence adduced at the arbitration hearing shall be made and, upon request, shall be made available to each Party. * Confidential InformationNotwithstanding the above, indicated by in the case of JSC disputes that are not finally resolved pursuant to Section 21.2, the arbitrators shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, within no later than [***], has been omitted ] from this filing and filed separately with the Securities and Exchange Commission date on which the arbitrators were appointed to the dispute. The time periods set forth in the ICC Arbitration Rules shall be followed; provided however that the arbitrators may modify such time periods as reasonably necessary to render a written opinion in accordance with this Section 22.521.3. The Arbitral Tribunal arbitrator is empowered to award any remedy allowed by law, including money damages, prejudgment interest and attorneys’ fees, and to grant final, complete, interim, or interlocutory relief, including injunctive relief. The This arbitration provisions of this Agreement do agreement does not preclude either Party [***]seeking conservatory or interim measures from any court of competent jurisdiction including, without limitation, the courts having jurisdiction by reason of either Party’s domicile. Conservatory or interim measures sought by either Party in any one or more jurisdictions shall not preclude the Arbitral Tribunal granting conservatory or interim measures. Conservatory or interim measures sought by either Party before the Arbitral Tribunal shall not preclude any court of competent jurisdiction granting conservatory or interim measures. In the event that any issue shall arise which is not clearly provided for in this Section 21.3, the matter shall be resolved in accordance with the ICC Arbitration Rules. Any arbitration proceeding hereunder shall be confidential and the arbitrators shall issue appropriate protective orders to safeguard each Party’s Confidential Information. Except as required by Applicable Lawlaw, neither Party shall make (or instruct the arbitrators to make) any public announcement with respect to the proceedings or decision of the arbitrators without prior written consent of the other Party. The existence of any dispute submitted to arbitration, and the award, shall be kept in confidence by the Parties and the arbitrators, except as required in connection with the enforcement of such award or as otherwise required by Applicable Law. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] the scope, construction, validity and/or enforceability of any Patent Rights shall be determined in a court of competent jurisdiction under [***]the local patent laws of the jurisdictions having issued the Patent Rights in question. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] a breach or alleged breach of a Party’s obligations under Article 18 (Obligation Not to Disclose Confidential Information) shall be determined in a court of competent jurisdiction under [***]the Governing Law set forth in Section 21.1.

Appears in 1 contract

Samples: License Agreement (CinCor Pharma, Inc.)

Decisions; Timing of Decisions. The Arbitral Tribunal arbitrators shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, and shall endeavor to render such opinion within no later than [********] from the date on which the Arbitral Tribunal was arbitrators were appointed to the dispute. A transcript of the evidence adduced at the arbitration hearing shall be made and, upon request, shall be made available to each Party. * Confidential InformationNotwithstanding the above, indicated by in the case of disputes that are not finally resolved pursuant to Section 23.2, the arbitrators shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, within no later than [***], has been omitted *****] from this filing and filed separately with the Securities and Exchange Commission date on which the arbitrators were appointed to the dispute. The time periods set forth in the ICC Arbitration AAA Rules shall be followed; provided however that the arbitrators may modify such time periods as reasonably necessary to render a written opinion in accordance with this Section 22.523.3.2. The Arbitral Tribunal is arbitrators are empowered to award any remedy allowed by law, including money damages, prejudgment interest and attorneys’ fees, and to grant final, complete, interim, or interlocutory relief, including injunctive relief. The This arbitration provisions of this Agreement do agreement does not preclude either Party [***]seeking conservatory or interim measures from any court of competent jurisdiction including, without limitation, the courts having jurisdiction by reason of either Party’s domicile. Conservatory or interim measures sought by either Party in any one or more jurisdictions shall not preclude the arbitrators from granting conservatory or interim measures. Conservatory or interim measures sought by either Party before the arbitrators shall not preclude any court of competent jurisdiction granting conservatory or interim measures. In the event that any issue shall arise which is not clearly provided for in this Section 23.3, the matter shall be resolved in accordance with the AAA Rules. Any arbitration proceeding hereunder shall be confidential and the arbitrators shall issue appropriate protective orders to safeguard each Party’s Confidential Information. Except as required by Applicable Lawlaw, neither Party shall make (or instruct the arbitrators to make) any public announcement with respect to the proceedings or decision of the arbitrators without prior written consent of the other Party. The existence of any dispute submitted to arbitration, and the award, shall be kept in confidence by the Parties and the arbitrators, except as required in connection with the enforcement of such award or as otherwise required by Applicable Law. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] the scope, construction, validity and/or enforceability of any Patent Rights shall be determined in a court of competent jurisdiction under [***]the local patent laws of the jurisdictions having issued the Patent Rights in question. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] a breach or alleged breach of a Party’s obligations under Article 18 (Obligation Not to Disclose Confidential Information) shall be determined in a court of competent jurisdiction under the laws of New Jersey, with express exclusion of its conflict of laws principles. [***]] Certain information in this document has been excluded pursuant to Regulation S-K, Item 601(b)(10). Such excluded information is not material and would likely cause competitive harm to the registrant if publicly disclosed.

Appears in 1 contract

Samples: License and Collaboration Agreement (SQZ Biotechnologies Co)

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Decisions; Timing of Decisions. The Arbitral Tribunal arbitrators shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, and shall endeavor to render such opinion within no later than [***] months from the date on which the Arbitral Tribunal was arbitrators were appointed to the dispute. A transcript of the evidence adduced at the arbitration hearing shall be made and, upon request, shall be made available to each Party. * Confidential InformationNotwithstanding the above, indicated by in the case of JRC and JDC disputes that are not finally resolved pursuant to Section 8.1.6 or 8.2.6, the arbitrators shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, within no later than [***], has been omitted ] months from this filing and filed separately with the Securities and Exchange Commission date on which the arbitrators were appointed to the dispute. The time periods set forth in the ICC Arbitration Rules shall be followed; provided however that the arbitrators may modify such time periods as reasonably necessary to render a written opinion in accordance with this Section 22.524.3.3. The Arbitral Tribunal is empowered to award any remedy allowed by law, including money damages, prejudgment interest and attorneys’ fees, and to grant final, complete, interim, or interlocutory relief, including injunctive relief. The arbitration provisions of this This Agreement do does not preclude either Party [***]seeking conservatory or interim measures from any court of competent jurisdiction including, without limitation, the courts having jurisdiction by reason of either Party’s domicile. Conservatory or interim measures sought by either Party in any one or more jurisdictions shall not preclude the Arbitral Tribunal granting conservatory or interim measures. Conservatory or interim measures sought by either Party before the Arbitral Tribunal shall not preclude any court of competent jurisdiction granting conservatory or interim measures. In the event that any issue shall arise which is not clearly provided for in this Section 24.3, the matter shall be resolved in accordance with the ICC Arbitration Rules. Any arbitration proceeding hereunder shall be confidential and the arbitrators shall issue appropriate protective orders to safeguard each Party’s Confidential Information. Except as required by Applicable Lawlaw or in a proceeding to enforce the award of the Arbitral Tribunal, neither Party shall make (or instruct the arbitrators to make) any public announcement with respect to the proceedings or decision of the arbitrators without prior written consent of the other Party. The existence of any dispute submitted to arbitration, and the award, shall be kept in confidence by the Parties and the arbitrators, except as required in connection with the enforcement of such award or as otherwise required by Applicable Law. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] shall Excluded Claim with respect to Patents will be determined in a court of competent jurisdiction under [***]. Notwithstanding anything to the contrary local patent laws of the jurisdictions having issued the Patents in this Agreement, any and all issues regarding [***] shall be determined in a court of competent jurisdiction under [***]question.

Appears in 1 contract

Samples: Option and License Agreement (Vividion Therapeutics, Inc.)

Decisions; Timing of Decisions. The Arbitral Tribunal arbitrators shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, and shall endeavor to render such opinion within no later than [***] six (6) months from the date on which the Arbitral Tribunal was arbitrators were appointed to the dispute. A transcript of the evidence adduced at the arbitration hearing shall be made and, upon request, shall be made available to each Party. * Confidential Information, indicated by [***], has been omitted from this filing and filed separately with the Securities and Exchange Commission The time periods set forth in the ICC WIPO Arbitration Rules shall be followed; provided however that the arbitrators may modify such time periods as reasonably necessary to render a written opinion in accordance with this Section 22.520.3. The Arbitral Tribunal is arbitrators are empowered to award any remedy allowed by law, including money damages, prejudgment interest and attorneys’ fees, and to grant final, complete, interim, or interlocutory relief, including injunctive relief. The This arbitration provisions of this Agreement do agreement does not preclude either Party [***]seeking conservatory or interim measures from any court of competent jurisdiction including, without limitation, the courts having jurisdiction by reason of either Party’s domicile. Conservatory or interim measures sought by either Party in any one or more jurisdictions shall not preclude the Arbitral Tribunal granting conservatory or interim measures. Conservatory or interim measures sought by either Party before the Arbitral Tribunal shall not preclude any court of competent jurisdiction granting conservatory or interim measures. In the event that any issue shall arise which is not clearly provided for in this Section 20.5, the matter shall be resolved in accordance with the WIPO Arbitration Rules. Any arbitration proceeding hereunder shall be confidential and the arbitrators shall issue appropriate protective orders to safeguard each Party’s Confidential Information. Except as required by Applicable Lawlaw, neither Party shall make (or instruct the arbitrators to make) any public announcement with respect to the proceedings or decision of the arbitrators without prior written consent of the other Party. The existence of any dispute submitted to arbitration, and the award, shall be kept in confidence by the Parties and the arbitrators, except as required in connection with the enforcement of such award or as otherwise required by Applicable Law. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] a breach or alleged breach of a Party’s obligations under Article 17 (Obligation Not to Disclose Confidential Information) shall be determined in a court of competent jurisdiction under [***]. Notwithstanding anything to the contrary Governing Law set forth in this Agreement, any and all issues regarding [***] shall be determined in a court of competent jurisdiction under [***]Section 20.1.

Appears in 1 contract

Samples: License Agreement (Millendo Therapeutics, Inc.)

Decisions; Timing of Decisions. The Arbitral Tribunal arbitrators shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, and shall endeavor to render such opinion within no later than [***] six (6) months from the date on which the Arbitral Tribunal was arbitrators were appointed to the dispute. A transcript of the evidence adduced at the arbitration hearing shall be made and, upon request, shall be made available to each Party. * Confidential Information, indicated by [***], has been omitted from this filing and filed separately with the Securities and Exchange Commission The time periods set forth in the ICC AAA Arbitration Rules shall be followed; provided however that the arbitrators may modify such time periods as reasonably necessary to render a written opinion in accordance with this Section 22.523.3.2. The Arbitral Tribunal Arbitrator is empowered to award any remedy allowed by law, including money damages, prejudgment interest and attorneys’ fees, and to grant final, complete, interim, or interlocutory relief, including injunctive relief. The ​ This arbitration provisions of this Agreement do agreement does not preclude either Party [***]seeking conservatory or interim measures from any court of competent jurisdiction including, without limitation, the courts having jurisdiction by reason of either Party's domicile. Conservatory or interim measures sought by either Party in any one or more jurisdictions shall not preclude the Arbitral Tribunal granting conservatory or interim measures. Conservatory or interim measures sought by either Party before the Arbitral Tribunal shall not preclude any court of competent jurisdiction granting conservatory or interim measures. ​ In the event that any issue shall arise which is not clearly provided for in this Section 23.3, the matter shall be resolved in accordance with the AAA Arbitration Rules. ​ Any arbitration proceeding hereunder shall be confidential and the arbitrators shall issue appropriate protective orders to safeguard each Party’s Confidential Information. Except as required by Applicable LawLaw or in a proceeding to enforce the results of the arbitration, neither ​ ​ Party shall make (or instruct the arbitrators to make) any public announcement with respect to the proceedings or decision of the arbitrators without prior written consent of the other Party. The existence of any dispute submitted to arbitration, and the award, shall be kept in confidence by the Parties and the arbitrators, except as required in connection with the enforcement of such award or as otherwise required by Applicable Law. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] the scope, construction, validity and/or enforceability of any Patent Rights shall be determined in a court of competent jurisdiction under [***]the local patent laws of the jurisdictions having issued the Patent Rights in question. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] a breach or alleged breach of a Party’s obligations under Article 20 (Obligation Not to Disclose Confidential Information) shall be determined in a court of competent jurisdiction under [***]the laws of the State of New York, with express exclusion of its conflict of laws principles. ​ Fees, costs and expenses of arbitration are to be divided by the Parties in the following manner: BPM will pay for the arbitrator it chooses, Roche will pay for the arbitrator it chooses, and the Parties will share payment for the third arbitrator.

Appears in 1 contract

Samples: Supply Agreement 9.1 (Blueprint Medicines Corp)

Decisions; Timing of Decisions. The Arbitral Tribunal arbitrators shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, and shall endeavor to render such opinion within no later than [*****] ([*****]) months from the date on which the Arbitral Tribunal was arbitrators were appointed to the dispute. A transcript of the evidence adduced at the arbitration hearing shall be made and, upon request, shall be made available to each Party. * Confidential InformationNotwithstanding the above, indicated by in the case of JSC disputes that are not amicably resolved, the arbitrators shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, within no later than [*****] ([*****], has been omitted ) months from this filing and filed separately with the Securities and Exchange Commission date on which the arbitrators were appointed to the dispute. The time periods set forth in the ICC [*****] Arbitration Rules shall be followed; provided however that the arbitrators may modify such time periods as reasonably necessary to render a written opinion in accordance with this Section 22.5Section. The Arbitral Tribunal Arbitrator is empowered to award any remedy allowed by law, including money damages, prejudgment interest and attorneys’ fees, and to grant final, complete, interim, or interlocutory relief, including injunctive relief. The This arbitration provisions of this Agreement do agreement does not preclude either Party seeking conservatory or interim measures from any court of competent jurisdiction including, without limitation, the courts having jurisdiction by reason of either Party's domicile. Conservatory or interim measures sought by either Party in any one or more jurisdictions shall not preclude the Arbitral Tribunal granting conservatory or interim measures. Conservatory or interim measures sought by either Party before the Arbitral Tribunal shall not preclude any court of competent jurisdiction granting conservatory or interim measures. In the event that any issue shall arise which is not clearly provided for in this Section 21.3, the matter shall be resolved in accordance with the [***]**] Arbitration Rules. Any arbitration proceeding hereunder shall be confidential and the arbitrators shall issue appropriate protective orders to safeguard each Party’s Confidential Information. Except as required by Applicable Lawlaw, neither Party shall make (or instruct the arbitrators to make) any public announcement with respect to the proceedings or decision of the arbitrators without prior written consent of the other Party. The existence of any dispute submitted to arbitration, and the award, shall be kept in confidence by the Parties and the arbitrators, except as required in connection with the enforcement of such award or as otherwise required by Applicable Law. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] the scope, construction, validity and/or enforceability of any Patent Rights shall be determined in a court of competent jurisdiction under the local patent laws of the jurisdictions having issued the Patent Rights in question. [***]**] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] a breach or alleged breach of a Party’s obligations under Section 17 (Obligation Not to Disclose Confidential Information) shall be determined in a court of competent jurisdiction under the laws of [*****], with express exclusion of its conflict of laws principles.

Appears in 1 contract

Samples: License Agreement (Dermira, Inc.)

Decisions; Timing of Decisions. The Arbitral Tribunal shall render a written opinion setting forth findings of fact and conclusions of law with the reason therefor stated, and shall endeavor to render such opinion within no later than [***] from the date on which the Arbitral Tribunal was appointed to the dispute. A transcript of the evidence adduced at the arbitration hearing shall be made and, upon request, shall be made available to each Party. * Confidential Information, indicated by [***], has been omitted from this filing and filed separately with the Securities and Exchange Commission The time periods set forth in the ICC Arbitration Rules shall be followed; provided however that the arbitrators may modify such time periods as reasonably necessary to render a written opinion in accordance with this Section 22.521.7. The Arbitral Tribunal is empowered to award any remedy allowed by law, including money damages, prejudgment interest and attorneys’ fees, and to grant final, complete, interim, or interlocutory relief, including injunctive relief. The arbitration provisions of this Agreement do not preclude either Party [***]seeking conservatory or interim measures from any court of competent jurisdiction including the courts having jurisdiction by reason of either Party’s domicile. Conservatory or interim measures sought by either Party in any one or more jurisdictions shall not preclude the Arbitral Tribunal granting conservatory or interim measures. Conservatory or interim measures sought by either Party before the Arbitral Tribunal shall not preclude any court of competent jurisdiction granting conservatory or interim measures. Any arbitration proceeding hereunder shall be confidential and the arbitrators shall issue appropriate protective orders to safeguard each Party’s Confidential Information. Except as required by Applicable Law, neither Party shall make (or instruct the arbitrators to make) any public announcement with respect to the proceedings or decision of the arbitrators without prior written consent of the other Party. The existence of any dispute submitted to arbitration, and the award, shall be kept in confidence by the Parties and the arbitrators, except as required in connection with the enforcement of such award or as otherwise required by Applicable Law. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] the scope, construction, validity or enforceability of any Patent Rights shall be determined in a court of competent jurisdiction under [***]the local patent laws of the jurisdictions having issued the Patent Rights in question. Notwithstanding anything to the contrary in this Agreement, any and all issues regarding [***] a breach or alleged breach of a Party’s obligations under Article 18 (Obligation Not to Disclose Confidential Information) shall be determined in a court of competent jurisdiction under [***]the Governing Law set forth in Section 21.3.

Appears in 1 contract

Samples: License Agreement (Gemini Therapeutics, Inc. /DE)

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