Escalation to Executive Officers. Either Party may, by written notice to the other Party, request that a dispute (other than a Non-Escalable Dispute) that remains unresolved by the Senior Executives for a period of thirty (30) days as set forth in Section 12.1 arising between the Parties in connection with this Agreement, or a dispute relating to material breach, be resolved by the Executive Officers, within fifteen (15) days after referral of such dispute to them. If the Executive Officers cannot resolve such dispute within fifteen (15) days after referral of such dispute to them, then, at any time after such fifteen (15) day period, either Party may proceed to enforce any and all of its rights with respect to such dispute.
Escalation to Executive Officers. Either Party may refer any Dispute to the Executive Officers of the Parties, who will confer in good faith on the resolution of the issue, by delivering written notice to the other Party.
Escalation to Executive Officers. In the event of any dispute arising between the Parties in connection with this Agreement, the construction thereof, or the rights, duties or liabilities of either Party and such Party’s Affiliates, then such dispute shall be escalated to the respective Executive Officers of the Parties for resolution. If the Executive Officers cannot resolve such dispute within thirty (30) days, then, except as otherwise set forth herein, such dispute shall be resolved by binding arbitration as set forth in Section 13.1.2 below.
Escalation to Executive Officers. Either Party may, by written notice to the other Party, request that a dispute that remained unresolved by the JSC for a period of [* * *] as set forth in Article 15.1 arising between the Parties in connection with this Agreement, or a dispute relating to material breach, be resolved by the Executive Officers for resolution, within [* * *] of their first consideration of such dispute. If the Executive Officers cannot resolve such dispute within [* * *] of their first consideration of such dispute, then, at any time after such [* * *] period, either Party may proceed to enforce any and all of its rights and remedies with respect to such dispute. Notwithstanding the foregoing, nothing in this Article 15.2 shall be construed as precluding a Party from bringing an action for injunctive relief or other equitable relief prior to the initiation or completion of the above procedure.
Escalation to Executive Officers. If the JCC cannot come to consensus on an issue within its purview within thirty (30) days of its submission to the JCC for resolution, such issue will then be referred to the Chief Executive Officer of Xxxxxx, or such other officer designated by the Chief Executive Officer of Zosano from time to time, and the Executive Vice President, CSO of Novo Nordisk, or such other officer designated by the Executive Vice President, CSO of Novo Nordisk from time to time, for resolution. The executive/senior officers will use reasonable efforts to resolve the matter referred to them. If the executive/senior officers cannot reach a mutually acceptable decision within thirty (30) days after the issue was referred to them, then the Executive Vice President, CSO of Novo Nordisk will have the final authority to make decisions. Regardless of the aforementioned, the Executive Vice President, CSO of Novo Nordisk shall have no authority to make decisions (a) which will obligate Zosano to undertake any activity that is beyond its reasonable capabilities given its resources and capabilities at the time such activity is to occur; (b) impose new obligations on Zosano which will either (i) require additional personnel resources by Xxxxxx or (ii) which impose additional costs implications for Xxxxxx, unless, in the case of each of the foregoing clauses (i) and (ii), Novo Nordisk agrees to pay Xxxxxx for its FTE Costs and Out-of-Pocket Costs to be incurred for undertaking such obligations; (c) to determine whether any milestone event required for the payment of any milestone payment has been achieved; or (d) to determine that CONFIDENTIAL MATERIALS OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. DOUBLE ASTERISKS [**] DENOTE OMISSIONS. Novo Nordisk has fulfilled or breached any obligations under this Agreement or that Xxxxxx has fulfilled or breached any obligation under this Agreement.
Escalation to Executive Officers. Either Party may, by written notice to the other Party, request that a Dispute that remains unresolved by the Parties or the JSC for a period of thirty (30) days be submitted to the Executive Officers for resolution. If the Executive Officers cannot resolve such Dispute within thirty (30) days after referral of such Dispute to them, then, at any time after such thirty (30) day period, either Party may refer such Dispute to arbitration by submitting a written notice of such request to the other Party.
Escalation to Executive Officers. Either Party may, by written notice to the other Party, request that a dispute (other than a Non-Escalable Dispute) that remains unresolved for a period of [***] as set forth in Section 22.1 arising between the Parties in connection with this Agreement be resolved by the Executive Officers, within [***] after referral of such dispute to them. If the Executive Officers cannot resolve such dispute within [***] after referral of such dispute to them, then, at any time after such [***] period, either Party may proceed to enforce any and all of its rights with respect to such dispute in accordance with the governing law and jurisdiction set out in Section 23.8.
Escalation to Executive Officers. Either Party may, by written notice to the other Party, request that a dispute arising between the Parties in connection with this Agreement, or a dispute relating to material breach, be resolved by the Executive Officers, within [***] after referral of such dispute to them. If the Executive Officers cannot resolve such dispute within [***] after referral of such dispute to them, then, at any time after such [***] period, either Party may proceed to enforce any and all of its rights with respect to such dispute.
Escalation to Executive Officers. A Party may, by written notice to the other Parties, request that a dispute arising between the Parties in connection with the Development, the Regulatory Activities or Commercialization of a Product be referred to the Chief Executive Officer of Xxxxxx, the Chief Executive Officer of Theratechnologies and the Chief Executive Officer of Thera Europe (the “Executive Officers”) for resolution. The Executive Officers shall meet within [REDACTED: Term] of the other Parties’ receipt of written notice of such dispute. If the Executive Officers cannot resolve such dispute within [REDACTED: Term] of written notice of such dispute, then, at any time after such [REDACTED: Term] period, a Party may bring the dispute to arbitration as provided in Section 15.3. Each Party shall bear the cost of its own attorneys’ fees and its own costs and expenses associated with dispute resolution by the Executive Officers and any arbitration. Notwithstanding the foregoing, nothing in this Section 15.2 shall be construed as precluding a Party from bringing an action for injunctive relief or other equitable relief prior to the initiation or completion of the above procedure.
Escalation to Executive Officers. Either Party may, by written notice to the other Party, request that a dispute that remained unresolved by the JSC for [***] as set forth in Section 14.1 arising between the Parties in connection with this Agreement, or a dispute relating to material breach, be submitted to the Executive Officers for resolution [***] of their first consideration of such dispute.
