Disfavored Remedy. The Parties agree that from and after Aptose’s payment of the first milestone payment under Section 7.1(a), termination pursuant to this Section 12.3 is a remedy to be invoked only if the breach cannot be adequately remedied through a combination of specific performance during a period of sixty (60) days or less, or otherwise in a manner that the arbitrators under Section 13.4 determine is fair and reasonable to the non-breaching Party, and the payment of money damages.
Appears in 3 contracts
Samples: Option and License Agreement (Aptose Biosciences Inc.), Option and License Agreement (Aptose Biosciences Inc.), Option and License Agreement
Disfavored Remedy. The Parties agree that from and after Aptose’s payment of the first milestone payment under Section 7.1(a5.2(a), termination pursuant to this Section 12.3 10.3 is a remedy to be invoked only if the breach cannot be adequately remedied through a combination of specific performance during a period of sixty (60) days or less, or otherwise in a manner that the arbitrators under Section 13.4 11.4 determine is fair and reasonable to the non-breaching Party, and the payment of money damages.
Appears in 1 contract
