Dispute Resolution and Governing Law. 31.1. In the event that a determination of the Expert is sought under this Agreement: (a) the opinion of that Expert (who shall act as an expert and not as an arbitrator) shall be final and binding on the Parties; (b) each Party shall make written submissions to the Expert and to the other Parties within ten (10) Business Days of the Expert’s appointment; (c) each Party shall have ten (10) Business Days to respond to the other Parties’ submissions; (d) the Parties shall request that the Expert deliver his opinion within a further twenty (20) Business Days; and (e) the costs associated with the appointment of the Expert shall be borne in such proportions as the Expert may determine to be fair and reasonable in all the circumstances or, if no such determination is made by the Expert, by the Parties (or where the dispute involves only two Parties, by those two Parties) in equal proportions. 31.2. It shall be a condition precedent to the commencement of any action in court or other tribunal (save an action for an interim injunction) in respect of any dispute relating to this Agreement that the Parties have sought to resolve the dispute by a Party notifying the other Parties in writing for resolution to the Executive Officers who shall meet (whether in person or via teleconference) within twenty-one (21) days of such notice to seek resolution in good faith. If the Executive Officers are unable to resolve the dispute at such meeting, any Party may pursue any remedy available to such Party at law or in equity, subject to the terms and conditions of this Agreement. 31.3. This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the Parties agree, subject to Clauses 31.1 and 31.2, to submit to the exclusive jurisdiction of the English courts in respect of any dispute arising out of or in connection with this Agreement (except in respect of disputes under Clause 16 where jurisdiction is non-exclusive).
Appears in 3 contracts
Samples: Licence Agreement (Nuvectis Pharma, Inc.), Licence Agreement (Nuvectis Pharma, Inc.), Licence Agreement (Nuvectis Pharma, Inc.)
Dispute Resolution and Governing Law. 31.1. 25.1 In the event that a determination of the Expert is sought under this Agreement:
(a) 25.1.1 the opinion of that Expert (who shall act as an expert and not as an arbitrator) shall be final and binding on the Parties;
(b) 25.1.2 each Party shall make written submissions to the Expert and to the other Parties Party within ten sixty (1060) Business Days of the Expert’s appointment;
(c) 25.1.3 each Party shall have ten thirty (1030) Business Days to respond to the other Parties’ Party’s submissions;
(d) 25.1.4 the Parties shall request that the Expert deliver his opinion within a further twenty thirty (2030) Business Days; and
(e) 25.1.5 the costs associated with the appointment of the Expert shall be borne in such proportions as the Expert may determine to be fair and reasonable in all the circumstances or, if no such determination is made by the Expert, by the Parties (or where the dispute involves only two Parties, by those two Parties) in equal proportions.
31.2. 25.2 It shall be a condition precedent to the commencement of any action in court or other tribunal (save an action for an interim injunction) in respect of any dispute relating to this Agreement that the Parties have sought to resolve the dispute by a either Party notifying the other Parties Party in writing for resolution to the Executive Officers who shall meet (whether in person or via teleconference) within twenty-one sixty (2160) days of such notice to seek resolution in good faith. If the Executive Officers are unable to resolve the dispute at such meeting, any either Party may pursue any remedy available to such Party at law or in equity, subject to the terms and conditions of this Agreement.
31.3. 25.3 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the Parties agree, subject to Clauses 31.1 25.1 and 31.225.2, to submit to the exclusive jurisdiction of the English courts in respect of any dispute arising out of or in connection with this Agreement (except in respect of disputes under Clause 16 12 where jurisdiction is non-exclusive).
Appears in 2 contracts
Samples: Licensing Agreement (SPK Acquisition Corp.), Licensing Agreement (SPK Acquisition Corp.)
Dispute Resolution and Governing Law. 31.1. 28.1 In the event that a determination of the Expert is sought under this Agreement:Agreement (and to the extent this Agreement expressly provides for the use of an Expert for the applicable dispute):
(a) 28.1.1 the opinion of that Expert (who shall act as an expert and not as an arbitrator) shall be final and binding on the Parties;
(b) 28.1.2 each Party shall make written submissions to the Expert and to the other Parties within ten (10) Business Days [*] of the Expert’s appointment;
(c) 28.1.3 each Party shall have ten (10) Business Days [*] to respond to the other Parties’ submissions;
(d) 28.1.4 the Parties shall request that the Expert deliver his opinion within a further twenty (20) Business Days[*]; and
(e) 28.1.5 the costs associated with the appointment of the Expert shall be borne in such proportions as the Expert may determine to be fair and reasonable in all the circumstances [*] or, if no such determination is made by the Expert, by the Parties (or where the dispute involves only two Parties, by those two Parties) in equal proportions[*].
31.2. 28.2 It shall be a condition precedent to the commencement of any action in court or other tribunal (save an action for an interim injunction) in respect of any dispute relating to this Agreement that the Parties have sought to resolve the dispute by a Party notifying the other Parties in writing for resolution to the Executive Officers who shall meet (whether in person or via teleconference) within twenty-one (21) days [*] of such notice to seek resolution in good faith. If the Executive Officers are unable to resolve the dispute at such meeting, any Party may pursue any remedy available to such Party at law or in equity, subject to the terms and conditions of this Agreement.
31.3. 28.3 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the Parties agree, subject to Clauses 31.1 28.1 and 31.228.2, to submit to the exclusive jurisdiction of the English courts in respect of any dispute arising out of or in connection with this Agreement (except in respect of disputes under Clause 16 13 where jurisdiction is non-exclusive).
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Dispute Resolution and Governing Law. 31.1. 28.1 In the event that a determination of the Expert is sought under this Agreement:Agreement (and to the extent this Agreement expressly provides for the use of an Expert for the applicable dispute):
(a) 28.1.1 the opinion of that Expert (who shall act as an expert and not as an arbitrator) shall be final and binding on the Parties;
(b) 28.1.2 each Party shall make written submissions to the Expert and to the other Parties within ten (10) Business Days [*] of the Expert’s appointment;
(c) 28.1.3 each Party shall have ten (10) Business Days [*] to respond to the other Parties’ submissions;; *Confidential Treatment Requested. EXECUTION VERSION CONFIDENTIAL
(d) 28.1.4 the Parties shall request that the Expert deliver his opinion within a further twenty (20) Business Days[*]; and
(e) 28.1.5 the costs associated with the appointment of the Expert shall be borne in such proportions as the Expert may determine to be fair and reasonable in all the circumstances [*] or, if no such determination is made by the Expert, by the Parties (or where the dispute involves only two Parties, by those two Parties) in equal proportions[*].
31.2. 28.2 It shall be a condition precedent to the commencement of any action in court or other tribunal (save an action for an interim injunction) in respect of any dispute relating to this Agreement that the Parties have sought to resolve the dispute by a Party notifying the other Parties in writing for resolution to the Executive Officers who shall meet (whether in person or via teleconference) within twenty-one (21) days [*] of such notice to seek resolution in good faith. If the Executive Officers are unable to resolve the dispute at such meeting, any Party may pursue any remedy available to such Party at law or in equity, subject to the terms and conditions of this Agreement.
31.3. 28.3 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the Parties agree, subject to Clauses 31.1 28.1 and 31.228.2, to submit to the exclusive jurisdiction of the English courts in respect of any dispute arising out of or in connection with this Agreement (except in respect of disputes under Clause 16 13 where jurisdiction is non-exclusive).
Appears in 1 contract
Samples: Licence Agreement