Excluded Disputes. (a) Any Dispute (whether as to liability or quantum or both) as to any obligation to make any payment under this Agreement or to our right to withhold, reduce or recover any Grant, or to apply clawback in relation to any Grant shall be an "Excluded Dispute". (b) At any time a party, acting in good faith, may notify the other party in writing that it considers a Dispute to be an Excluded Dispute and may at any time thereafter institute proceedings in the English courts in respect of such Dispute (the "Notice of Excluded Dispute"). The Notice of Excluded Dispute shall include the grounds on which the party delivering the notice considers the Dispute to be an Excluded Dispute. (c) Any disagreement as to whether a Dispute that has been referred to the courts pursuant to paragraph 7(b) is or is not an Excluded Dispute shall be determined by the court in which those proceedings have been initiated. (d) Excluded Disputes shall not be referred to negotiation, mediation or arbitration in accordance with paragraphs 1(b), 2 and 3 but shall be subject to the exclusive jurisdiction of the English courts.
Appears in 6 contracts
Samples: Grant Agreement, Grant Agreement, Grant Agreement
