Escalation to Senior Executives. In the event of a dispute or matter of significant concern arises between the Parties, then at the request of either Party, the matter shall be escalated to a senior executive from each Party. Such senior executive shall be either the CEO or President of such Party, or another senior executive of such Party with the title of Vice President or higher and who has direct management responsibility for the matter in dispute. Upon such request, such senior executives shall make themselves reasonably available to meet, and shall meet either by telephone or if, specifically requested, in person, to attempt to resolve such matter, and shall thereafter continue to use good faith efforts to attempt to resolve such matter unless it becomes clear that the matter cannot be resolved by mutual agreement. Thereafter either Party may pursue such legal process as is otherwise available under applicable law.
Appears in 4 contracts
Samples: License Agreement for Raf (Viracta Therapeutics, Inc.), License Agreement for Raf (Day One Biopharmaceuticals Holding Co LLC), License Agreement (Sunesis Pharmaceuticals Inc)
Escalation to Senior Executives. In the event of a dispute or matter of significant concern arises between the Parties, then at the request of either Party, the matter shall be escalated to a senior executive from each Party. Such senior executive shall be either the CEO or President of such Party, or another senior executive of such Party with who both reports to the title of Vice President or higher CEO and who has direct management responsibility for the matter in dispute. Upon such request, such senior executives shall make themselves reasonably available to meet, and shall meet either by telephone or if, specifically requested, in person, to attempt to resolve such matter, and shall thereafter continue to use good faith efforts to attempt to resolve such matter unless it becomes clear that the matter cannot be resolved by mutual agreement. Thereafter either Party may pursue such legal process as is otherwise available under applicable law, except as otherwise set forth in Section 5.1.4 above or Section 15.2 below.
Appears in 4 contracts
Samples: Collaboration Agreement (Sunesis Pharmaceuticals Inc), Collaboration Agreement (Sunesis Pharmaceuticals Inc), Collaboration Agreement (Sunesis Pharmaceuticals Inc)
Escalation to Senior Executives. In Other than pursuit of equitable relief as provided in Section 14.4, in the event of a dispute or matter of significant concern arises between the Parties, then at the request of either Party, the matter shall be escalated to a the CEO of UPI and the senior executive from each Party. Such senior executive shall be either at NPC with responsibility for pharmaceutical products and authority to make a decision on behalf of the CEO or President of such Party, or another senior executive of such respective Party with the title of Vice President or higher and who has direct management responsibility for the matter in disputerespect to such matter. Upon such request, such senior executives shall make themselves reasonably available to meet, and shall meet either by telephone or if, if specifically requested, in person, to attempt to resolve such matter, and shall thereafter continue to use good faith efforts to attempt to resolve such matter unless it becomes clear that the matter cannot be resolved by mutual agreement. Thereafter Thereafter, either Party may pursue such legal process as is otherwise available under applicable lawinitiate arbitration pursuant to Section 14.2 below upon written notice to the other Party.
Appears in 2 contracts
Samples: Collaboration and License Agreement (Ultragenyx Pharmaceutical Inc.), Collaboration and License Agreement (Ultragenyx Pharmaceutical Inc.)
Escalation to Senior Executives. In the event of a dispute or matter of significant concern arises between the Parties, then at the request of either Party, the matter shall be escalated to a senior executive from each Party. Such senior executive shall be either the CEO or President of such Party, or another senior executive of such Party with who both reports to the title of Vice President or higher CEO and who has direct management responsibility for the matter in dispute. Upon such request, such senior executives shall make themselves reasonably available to meet, and shall meet either by telephone or if, specifically requested, in person, to attempt to resolve such matter, and shall thereafter continue to use good faith efforts to attempt to resolve such matter unless it becomes clear that the matter cannot be resolved by mutual agreement. Thereafter either Party may pursue such legal process as is otherwise available under applicable law.
Appears in 2 contracts
Samples: License Agreement (Sunesis Pharmaceuticals Inc), License Agreement (Sunesis Pharmaceuticals Inc)
Escalation to Senior Executives. In Other than pursuit of equitable relief as provided in Section 14.4, in the event of a dispute or matter of significant concern arises between the Parties, then at the request of either Party, the matter shall be escalated to a the CEO of Acologix and the senior executive from each Party. Such senior executive shall be either at Toray with responsibility for pharmaceutical products and authority to make a decision on behalf of the CEO or President of such Party, or another senior executive of such respective Party with the title of Vice President or higher and who has direct management responsibility for the matter in disputerespect to such matter. Upon such request, such senior executives shall make themselves reasonably available to meet, and shall meet either by telephone or if, specifically requested, in person, to attempt to resolve such matter, and shall thereafter continue to use good faith efforts to attempt to resolve such matter unless it becomes clear that the matter cannot be resolved by mutual agreement. Thereafter Thereafter, either Party may pursue such legal process as is otherwise available under applicable lawinitiate arbitration pursuant to Section 14.2 below upon written notice to the other Party.
Appears in 2 contracts
Samples: Collaboration and License Agreement (Acologix, Inc.), Collaboration and License Agreement (Acologix, Inc.)
Escalation to Senior Executives. In Other than pursuit of equitable relief as provided in Section 10.3, in the event of a dispute or matter of significant concern arises between the Parties, then at the request of either Party, the matter shall be escalated to a the CEO of Acologix and the senior executive from each Party. Such senior executive shall be either at Toray with responsibility for pharmaceutical products and authority to make a decision on behalf of the CEO or President of such Party, or another senior executive of such respective Party with the title of Vice President or higher and who has direct management responsibility for the matter in disputerespect to such matter. Upon such request, such senior executives shall make themselves reasonably available to meet, and shall meet either by telephone or if, specifically requested, in person, to attempt to resolve such matter, and shall thereafter continue to use good faith efforts to attempt to resolve such matter unless it becomes clear that the matter cannot be resolved by mutual agreement. Thereafter Thereafter, either Party may pursue such legal process as is otherwise available under applicable lawinitiate arbitration pursuant to Section 10.2 below upon written notice to the other Party.
Appears in 2 contracts
Samples: Development and License Agreement (Acologix, Inc.), Development and License Agreement (Acologix, Inc.)