Common use of Determination by the Expert Clause in Contracts

Determination by the Expert. The Expert shall, no later than [**] after the last submission of the written reports and, if any, oral submissions, select one of the Party’s positions as his or her final decision, and shall not have the authority to modify either Party’s position or render any substantive decision other than to so select the position of either Party as set forth in their respective written report (as initially submitted, or as revised in accordance with this Schedule 12.2, as applicable). The Parties agree that the decision of the Expert shall be the sole, exclusive and binding remedy between them regarding any such dispute referred to the Expert pursuant to Section 12.2 of this Agreement, and the Expert’s decision shall become the decision of the Parties or, if applicable, the JSC on the matter.

Appears in 2 contracts

Samples: License, Development and Commercialization Agreement (Incyte Corp), Development and Commercialization Agreement (Agenus Inc)

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Determination by the Expert. The Expert shall, no later than [**[ ] after the last submission of the written reports and, if any, oral submissions, select one of the Party’s positions as his or her final decision, and shall not have the authority to modify either Party’s position or render any substantive decision other than to so select the position of either Party Apollomics or RevMab as set forth in their respective written report (as initially submitted, or as revised in accordance with this Schedule 12.2Section 2.1.4(c)., as applicable). The Parties agree that the decision of the Expert shall be the sole, exclusive and binding remedy between them regarding any such dispute referred Expert Dispute presented to the Expert pursuant to Section 12.2 of this AgreementExpert, and the Expert’s decision shall become the decision of the Parties or, if applicable, the JSC on the matter.

Appears in 1 contract

Samples: Collaboration and License Agreement (Apollomics Inc.)

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Determination by the Expert. The Expert shall, no later than [** * *] after the last submission of the written reports and, if any, oral submissions, select one of the Party’s positions as his or her final decision, and shall not have the authority to modify either Party’s position or render any substantive decision other than to so select the position of either Party BeiGene or AssemblyBio as set forth in their respective written report (as initially submitted, or as revised in accordance with this Schedule 12.2Section 16.7(c), as applicable). The Parties agree that the decision of the Expert shall be the sole, exclusive and binding remedy between them regarding any such dispute referred Expert Dispute presented to the Expert pursuant to Section 12.2 of this AgreementExpert, and the Expert’s decision shall become the decision of the Parties or, if applicable, the JSC on the matter.

Appears in 1 contract

Samples: Collaboration Agreement (Assembly Biosciences, Inc.)

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