Common use of Full Arbitration Clause in Contracts

Full Arbitration. Except as otherwise expressly set forth in this Agreement, in the event the Parties have not resolved such Dispute within [***] of receipt of the written notice referring such Dispute to the Executive Officers, either Party may at any time after such [***] period submit such Dispute to be finally settled by arbitration administered in accordance with the procedural rules of the American Arbitration Association (the “AAA”) in effect at the time of submission, as modified by this Section 16.3. The arbitration will be governed by the Laws of the State of New York. The arbitration will be heard and determined by [***] arbitrators who are retired judges or attorneys with at least [***] of relevant experience in the pharmaceutical and biotechnology industry, each of whom will be impartial and independent. Each Party will appoint [***] and the [***] arbitrator will be selected by the [***] Party-appointed arbitrators, or, failing agreement within [***] following appointment of the second arbitrator, by the AAA. Such arbitration will take place in New York, New York. The arbitration award so given will, absent manifest error, be a final and binding determination of the Dispute, will be fully enforceable in any court of competent jurisdiction, and will not include any damages expressly prohibited by Section 13.5. Fees, costs and expenses of arbitration are to be divided by the Parties in the following manner: Novartis [***] it chooses, Surface [***] it chooses, and the Parties [***] arbitrator. Except in a proceeding to enforce the results of the arbitration or as otherwise required by Law, neither Party nor any arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both Parties.

Full Arbitration. Except as otherwise expressly set forth in this Agreement, in if such Executive Officers do not resolve the event the Parties have not resolved such Dispute dispute within [***] of after receipt of the written notice referring such Dispute to the Executive Officersrequest, then, either Party may at any time after such [***] period submit such Dispute Claim to be finally settled by arbitration administered in accordance with the procedural rules of the American Arbitration Association (the “AAA”) in effect at the time of submission, as modified by this Section 16.317.1.2 (Full Arbitration) (the “Arbitration”). The arbitration Arbitration will be governed by the Laws Applicable Law of the State of New York. The arbitration Arbitration will be heard and determined by [***] 3 arbitrators who are retired judges or attorneys with at least [***] of relevant experience in the pharmaceutical and biotechnology industry, each of whom will be impartial and independentindependent and will not have worked for or on behalf of either Party for at least [***]. Each Party will appoint [***] one arbitrator and the [***] third arbitrator will be selected by the [***] 2 Party-appointed arbitrators, or, failing agreement within [***] following appointment of the second arbitrator, by the AAA. Such arbitration Arbitration will take place in New York, New York. The arbitration Arbitration award so given will, absent manifest error, be a final and binding determination of the DisputeClaim, will be fully enforceable in any court of competent jurisdiction, and will not include any damages expressly prohibited by Section 13.515.5 (Limited Liability). FeesNVS will pay the fees, costs and expenses of arbitration are to be divided by for the Parties in the following manner: Novartis [***] arbitrator it chooses, Surface [***] HMI will pay the fees, costs and expenses for the arbitrator it chooses, and the Parties [***] will share payment for the third arbitrator. Except in a proceeding to enforce the results of the arbitration Arbitration or as otherwise required by LawApplicable Law or securities exchange, neither Party nor any arbitrator may disclose the existence, content or results of any arbitration Arbitration hereunder without the prior written consent of both Parties.

Full Arbitration. Except as otherwise expressly set forth in this AgreementUnless Section 13.1(d) is applicable, in the event the Parties have are not resolved able to resolve such Dispute within [***] of receipt of the written notice referring such Dispute to the Executive Officersdispute through mediation, either Party may at any time after such [***] 20-day period submit such Dispute dispute to be finally settled by arbitration administered in accordance with the procedural rules of the American Judicial Administration and Arbitration Association Services (the “AAAJAMS”) in effect at the time of submission, as modified by this Section 16.3. The arbitration will be governed by the Laws of the State of New York13.1. The arbitration will be heard and determined by [***] three (3) arbitrators who are retired judges or attorneys with at least [***] ten (10) years of relevant experience in the pharmaceutical and biotechnology industry, each of whom will be impartial and independenta neutral. Each Party will appoint [***] one arbitrator and the [***] third arbitrator will be selected by the [***] two Party-appointed arbitrators, or, failing agreement within [***] thirty (30) days following appointment the date of receipt by the respondent of the second arbitratorclaim, by the AAAJAMS. Such arbitration will take place in New York, New YorkNY. The arbitration award so given will, absent manifest error, will be a final and binding determination of the Disputedispute, will be fully enforceable in any court of competent jurisdiction, and will not include any damages expressly prohibited by Section 13.511.4. Fees, costs and expenses of arbitration are to be divided by the Parties in the following manner: Novartis [***] Clovis will pay for the arbitrator it chooses, Surface [***] Xxxxx will pay for the arbitrator it chooses, and the Parties [***] will share payment for the third arbitrator. Except in a proceeding to enforce the results of the arbitration or as otherwise required by Lawlaw, neither Party nor any arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent agreement of both Parties.

Full Arbitration. Except as otherwise expressly set forth in this Agreement, in the event the Parties have not resolved such Dispute within [***] of receipt of the written notice referring such Dispute to the Executive Officers, either Party may at any time after the end of such [***] period submit such Dispute to be finally settled by arbitration administered in accordance with the procedural rules of the American Arbitration Association International Chamber of Commerce (the “AAAICC”) in effect at the time of submission, as such rules are modified by this Section 16.314.3. The arbitration will be governed by the Laws laws of the State of New York. The arbitration will be heard and determined by [***] three (3) arbitrators who are retired judges or attorneys with at least [***] of relevant experience in the pharmaceutical and biotechnology industryattorneys, each of whom will be impartial and independentindependent of each Party and its Affiliates. Each Party will appoint [***] one (1) arbitrator and the [***] third (3rd) arbitrator will be selected by the [***] two (2) Party-appointed arbitrators, or, failing agreement within [***] following appointment of the second (2nd) arbitrator, by the AAAICC; each such appointed arbitrator must meet the criteria set forth above for arbitrators. Such arbitration will take place in New YorkHonolulu, New YorkHI, United States. The arbitration award so given will, absent manifest error, be a final and binding determination of the Dispute, will be fully enforceable in any court of competent jurisdiction, and will not include any damages expressly prohibited by Section 13.511.4. Fees, costs and expenses of arbitration are to be divided by the Parties in the following manner: Novartis [***] Xxxxx will pay for the arbitrator it chooses, Surface [***] XxxxXxx will pay for the arbitrator it chooses, and the Parties [***] will share payment for the third (3rd) arbitrator. Except in a proceeding to enforce the results of the arbitration or as otherwise required by Applicable Law, neither Party nor any arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both Parties.

Full Arbitration. Except as otherwise expressly set forth in this Agreement, in the event the Parties have not resolved such Dispute within [...***...] of receipt of the written notice referring such Dispute to the Executive Officers, either Party may at any time after such [...***...] period submit such Dispute to be finally settled by arbitration administered in accordance with the procedural rules of the American Arbitration Association (the “AAA”) in effect at the time of submission, as modified by this Section 16.316.4. The arbitration will be governed by the Laws of the State of New York. The arbitration will be heard and determined by [***] three arbitrators who are retired judges or attorneys with at least [***] 20 years of relevant experience in the pharmaceutical and biotechnology industry, each of whom will be impartial and independentindependent and will not have worked for or on behalf of either Party for at least five years. Each Party will appoint [***] one arbitrator and the [***] third arbitrator will be selected by the [***] two Party-appointed arbitrators, or, failing agreement within [...***...] following appointment of the second arbitrator, by the AAA. Such arbitration will take place in New York, New York. The arbitration award so given will, absent manifest error, be a final and binding determination of the Dispute, will be fully enforceable in any court of competent jurisdiction, and will not include any damages expressly prohibited by Section 13.5. FeesNovartis will pay the fees, costs and expenses of arbitration are to be divided by for the Parties in the following manner: Novartis [***] arbitrator it chooses, Surface [***] Xencor will pay the fees, costs and expenses for the arbitrator it chooses, and the Parties [***] will share payment for the third arbitrator. Except in a proceeding to enforce the results of the arbitration or as otherwise required by LawLaw or securities exchange, neither Party nor any arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both Parties.

Full Arbitration. Except as otherwise expressly set forth in this Agreement, in the event the Parties have not resolved such Dispute within [***] twenty (20) days of receipt of the written notice referring such Dispute to the Executive Officers, either Party may at any time after such [***] twenty (20) day period submit such Dispute to be finally settled by arbitration administered in accordance with the procedural rules of the American Arbitration Association International Chamber of Commerce (the “AAAICC”) in effect at the time of submission, as modified by this Section 16.314.3. The arbitration will be governed by the Laws of the State of New York. The arbitration will be heard and determined by [***] three (3) arbitrators who are retired judges or attorneys with at least [***] ten (10) years of relevant experience in the pharmaceutical and biotechnology industry, each of whom will be impartial and independent. Each Party will appoint [***] one (1) arbitrator and the [***] third (3rd) arbitrator will be selected by the [***] two (2) Party-appointed arbitrators, or, failing agreement within [***] thirty (30) days following appointment of the second arbitrator, by the AAAICC. Such arbitration will take place in New YorkSan Francisco, New YorkCalifornia, USA. The arbitration award so given will, absent manifest error, be a final and binding determination of the Dispute, will be fully enforceable in any court of competent jurisdiction, and will not include any damages expressly prohibited by Section 13.511.4. Fees, costs and expenses of arbitration are to be divided by the Parties in the following manner: Novartis [***] Licensee will pay for the arbitrator it chooses, Surface [***] Cxxxxx will pay for the arbitrator it chooses, and the Parties [***] will share payment for the third arbitrator. Except in a proceeding to enforce the results of the arbitration or as otherwise required by Law, neither Party nor any arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both Parties.