Common use of FAILURE TO AGREE ON SUBSTITUTE PROVISIONS Clause in Contracts

FAILURE TO AGREE ON SUBSTITUTE PROVISIONS. If and to the extent that Substitute Provisions are formally agreed in writing within 30 days of the service of a Negotiation Notice, or such other period as may be formally agreed in writing between the Parties, then in that respect the matter shall be deemed to be settled and such substitute provisions shall be deemed part of this Agreement or of any of the Ancillary Documents. If, however, with respect of any Relevant Invalidity no Substitute Provisions can be agreed within such period, then if any Party considers on reasonable grounds that its commercial interests with regard to this Agreement and/or any of the Ancillary Documents are materially and adversely affected as a consequence of the Relevant Invalidity, it may submit such matter to arbitration pursuant rules set forth by the American Arbitration Association.

FAILURE TO AGREE ON SUBSTITUTE PROVISIONS. If and to the extent that Substitute Provisions are formally agreed in writing within 30 days one month of the service of a Negotiation Notice, or such other period as may be formally agreed in writing between the Partiesparties, then in that respect the matter shall be deemed to be settled and such substitute provisions shall be deemed part of this Agreement or of any of the Ancillary Documents. If, however, with in respect of any Relevant Invalidity no Substitute Provisions can be agreed within such period, then if any Party party considers on reasonable grounds that its commercial interests with regard to this Agreement and/or any of the Ancillary Documents are is materially and adversely affected as a consequence of the Relevant Invalidity, Invalidity it may submit such matter to arbitration pursuant rules set forth by the American Arbitration Associationto SECTION 9.8.

FAILURE TO AGREE ON SUBSTITUTE PROVISIONS. If and to the extent that Substitute Provisions are formally agreed in writing within 30 days one month of the service of a Negotiation Notice, or such other period as may be formally agreed in writing between the Partiesparties, then in that respect the matter shall be deemed to be settled and such substitute provisions shall be deemed part of this Agreement or of any of the Ancillary Documents. If, however, with in respect of any Relevant Invalidity no Substitute Provisions can be agreed within such period, then if any Party party considers on reasonable grounds that its commercial interests with regard to this Agreement and/or any of the Ancillary Documents are is materially and adversely affected as a consequence of the Relevant Invalidity, Invalidity it may submit such matter to arbitration pursuant rules set forth by the American Arbitration Associationto SECTION 13.8.

FAILURE TO AGREE ON SUBSTITUTE PROVISIONS. If and to the extent that Substitute Provisions are formally agreed in writing within 30 days one month of the service of a Negotiation Notice, or such other period as may be formally agreed in writing between the Parties, then in that respect the matter shall be deemed to be settled and such substitute provisions shall be deemed part of this Agreement or of any of the Ancillary Documents. If, however, with in respect of any Relevant Invalidity no Substitute Provisions can be agreed within such period, then if any Party considers on reasonable grounds that its commercial interests with regard to this Agreement and/or any of the Ancillary Documents are is materially and adversely affected as a consequence of the Relevant Invalidity, Invalidity it may submit such matter to arbitration pursuant rules set forth by the American Arbitration Associationto SECTION 9.8.