Disputes Regarding Material Breach. If the Parties are in dispute as to whether one party is in material breach of this Agreement, then the arbitrators will first determine if material breach has in fact occurred, and if so, will grant the defaulting Party the cure period provided pursuant to Section 8.1. If the material breach is not cured within the time period provided pursuant to Section 8.1, the arbitration will continue and the arbitrators will, as part of the same arbitration, award damages to the non-defaulting Party.
Appears in 5 contracts
Samples: Collaboration and License Agreement (Oncogenex Technologies Inc), Collaboration and License Agreement (Oncogenex Technologies Inc), Collaboration and License Agreement (Oncogenex Technologies Inc)
Disputes Regarding Material Breach. If the Parties are in dispute as to whether one party Party is in material breach of this Agreement, then the arbitrators arbitrator will first determine if material breach has in fact occurred, and if so, will grant the defaulting Party the cure period provided pursuant to Section 8.19.3 (or 9.2, as applicable). If the material breach is not cured within the time period provided pursuant to Section 8.19.3 (or 9.2, as applicable), the arbitration will continue and the arbitrators arbitrator will, as part of the same arbitration, award actual direct damages to the non-defaulting Party.
Appears in 3 contracts
Samples: Collaboration and License Agreement (Regulus Therapeutics Inc.), Collaboration and License Agreement (Regulus Therapeutics Inc.), Collaboration and License Agreement (Isis Pharmaceuticals Inc)
Disputes Regarding Material Breach. If the Parties are in dispute as to whether one party is in material breach of this Agreement, then the mediator or arbitrators will first determine if material breach has in fact occurred, and if so, will grant the defaulting Party the cure period provided pursuant to Section 8.110.1. If the material breach is not cured within the time period provided pursuant to Section 8.110.1, the mediation or arbitration will continue and the mediator or arbitrators will, as part of the same mediation or arbitration, award actual direct damages to the non-defaulting Party.
Appears in 2 contracts
Samples: License Agreement (Nitromed Inc), License Agreement (Archemix Corp.)
Disputes Regarding Material Breach. If the Parties are in dispute as to whether one party Party is in material breach of this Agreement, then the arbitrators arbitrator will first determine if material breach has in fact occurred, and if so, will grant the defaulting Party the cure period provided pursuant to Section 8.19.2. If the material breach is not cured within the time period provided pursuant to Section 8.19.2, the arbitration will continue and the arbitrators arbitrator will, as part of the same arbitration, award actual direct damages to the non-defaulting Party.
Appears in 2 contracts
Samples: Collaboration and License Agreement, Collaboration and License Agreement (Regulus Therapeutics Inc.)
Disputes Regarding Material Breach. If the Parties are in dispute as to whether one party Party is in material breach of this Agreement, then the arbitrators arbitrator will first determine if material breach has in fact occurred, and if so, will grant the defaulting Party the cure period provided pursuant to Section 8.18.3. If the material breach is not cured within the time period provided pursuant to Section 8.18.3, the arbitration will continue and the arbitrators arbitrator will, as part of the same arbitration, award actual direct damages to the non-defaulting Party.
Appears in 2 contracts
Samples: Non Exclusive Technology Alliance and Option Agreement (Regulus Therapeutics Inc.), Non Exclusive Technology Alliance and Option Agreement (Isis Pharmaceuticals Inc)
Disputes Regarding Material Breach. If the Parties are in dispute as to whether one party is in material breach of this Agreement, then the mediator or arbitrators will first determine if material breach has in fact occurred, and if so, will grant the defaulting Party the cure period provided pursuant to Section 8.110.3. If the material breach is not cured within the time period provided pursuant to Section 8.110.3, the mediation or arbitration will continue and the mediator or arbitrators will, as part of the same mediation or arbitration, award actual direct damages to the non-defaulting Party.
Appears in 2 contracts
Samples: License Agreement (Isis Pharmaceuticals Inc), License Agreement (Isis Pharmaceuticals Inc)
Disputes Regarding Material Breach. If the Parties are in dispute as to whether one party Party is in material breach of this Agreement, then the arbitrators arbitrator will first determine if material breach has in fact occurred, and if so, will grant the defaulting Party the cure period provided pursuant to Section 8.19.3. If the material breach is not cured within the time period provided pursuant to Section 8.19.3, the arbitration will continue and the arbitrators arbitrator will, as part of the same arbitration, award actual direct damages to the non-defaulting Party.
Appears in 1 contract
Samples: Discovery Collaboration Agreement (Pharmacopeia Inc)
Disputes Regarding Material Breach. If the Parties are in dispute as to whether one party Party is in material breach of this Agreement, then the arbitrators arbitrator will first determine if material breach has in fact occurred, and if so, will grant the defaulting Party the cure period provided pursuant to Section 8.19.3 (or 10.2, as applicable). If the material breach is not cured within the time period provided pursuant to Section 8.19.3 (or 10.2, as applicable), the arbitration will continue and the arbitrators arbitrator will, as part of the same arbitration, award actual direct damages to the non-defaulting Party.
Appears in 1 contract
Samples: Collaboration and License Agreement (Isis Pharmaceuticals Inc)
Disputes Regarding Material Breach. If the Parties are in dispute as to whether one party Party is in material breach of this Agreement, then the arbitrators arbitrator will first determine if material breach has in fact occurred, and if so, will grant the defaulting Party the cure period provided pursuant to Section 8.110.3 (or 10.2, as applicable). If the material breach is not cured within the time period provided pursuant to Section 8.110.3 (or 10.2, as applicable), the arbitration will continue and the arbitrators arbitrator will, as part of the same arbitration, award actual direct damages to the non-defaulting Party.
Appears in 1 contract
Samples: Collaboration and License Agreement (Isis Pharmaceuticals Inc)