Common use of Full Arbitration Clause in Contracts

Full Arbitration. Except as otherwise expressly set forth in this Agreement, if such Executive Officers do not resolve the dispute within [***] after receipt of such request, then, either Party may at any time after such [***] period submit such 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 17.1.2 (Full Arbitration) (the “Arbitration”). The Arbitration will be governed by the Applicable Law of the State of New York. The 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 independent 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 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 Claim, will be fully enforceable in any court of competent jurisdiction, and will not include any damages expressly prohibited by Section 15.5 (Limited Liability). NVS will pay the fees, costs and expenses for the arbitrator it chooses, 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 or as otherwise required by Applicable Law 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, if in the event the Parties have not resolved such Executive Officers do not resolve the dispute Dispute within [***] after of receipt of the written notice referring such request, thenDispute to the Executive Officers, either Party may at any time after such [***] period submit such Claim 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 17.1.2 (Full Arbitration) (the “Arbitration”)16.3. The Arbitration arbitration will be governed by the Applicable Law Laws 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 independent and will not have worked for or on behalf of either Party for at least [***]independent. 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 ClaimDispute, will be fully enforceable in any court of competent jurisdiction, and will not include any damages expressly prohibited by Section 15.5 (Limited Liability)13.5. NVS will pay the feesFees, costs and expenses for of arbitration are to be divided by the arbitrator Parties in the following manner: Novartis [***] it chooses, HMI will pay the fees, costs and expenses for the arbitrator Surface [***] 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 Applicable Law or securities exchangeLaw, 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 Unless Section 13.1(d) is applicable, in this Agreement, if the event the Parties are not able to resolve such Executive Officers do not resolve the dispute within [***] after receipt of such request, thenthrough mediation, either Party may at any time after such [***] 20-day period submit such Claim 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 17.1.2 (Full Arbitration) (the “Arbitration”)13.1. The Arbitration will be governed by the Applicable Law of the State of New York. The Arbitration arbitration will be heard and determined by 3 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 and will not have worked for or on behalf of either Party for at least [***]a neutral. Each Party will appoint one arbitrator and the third arbitrator will be selected by the 2 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 arbitration will take place in New York, New YorkNY. The Arbitration arbitration award so given will, absent manifest error, will be a final and binding determination of the Claimdispute, will be fully enforceable in any court of competent jurisdiction, and will not include any damages expressly prohibited by Section 15.5 (Limited Liability)11.4. NVS will pay the feesFees, costs and expenses of arbitration are to be divided by the Parties in the following manner: Clovis will pay for the arbitrator it chooses, HMI Xxxxx 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 Applicable Law or securities exchangelaw, neither Party nor any arbitrator may disclose the existence, content or results of any Arbitration arbitration hereunder without the prior written consent agreement of both Parties.

Full Arbitration. Except as otherwise expressly set forth in this Agreement, if in the event the Parties have not resolved such Executive Officers do not resolve the dispute Dispute within [***] after twenty (20) days of receipt of the written notice referring such request, thenDispute to the Executive Officers, either Party may at any time after such [***] twenty (20) day period submit such Claim 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 17.1.2 (Full Arbitration) (the “Arbitration”)14.3. The Arbitration arbitration will be governed by the Applicable Law Laws of the State of New York. The Arbitration arbitration will be heard and determined by 3 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 and will not have worked for or on behalf of either Party for at least [***]independent. Each Party will appoint one (1) arbitrator and the third (3rd) arbitrator will be selected by the 2 two (2) Party-appointed arbitrators, or, failing agreement within [***] thirty (30) days following appointment of the second arbitrator, by the AAAICC. Such Arbitration arbitration will take place in New YorkSan Francisco, New YorkCalifornia, USA. The Arbitration arbitration award so given will, absent manifest error, be a final and binding determination of the ClaimDispute, will be fully enforceable in any court of competent jurisdiction, and will not include any damages expressly prohibited by Section 15.5 (Limited Liability)11.4. NVS will pay the feesFees, costs and expenses of arbitration are to be divided by the Parties in the following manner: Licensee will pay for the arbitrator it chooses, HMI Cxxxxx 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 Applicable Law or securities exchangeLaw, 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 Agreement, if in the event the Parties have not resolved such Executive Officers do not resolve the dispute Dispute within [***] after of receipt of the written notice referring such request, thenDispute to the Executive Officers, either Party may at any time after the end of such [***] period submit such Claim 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 17.1.2 (Full Arbitration) (the “Arbitration”)14.3. The Arbitration arbitration will be governed by the Applicable Law laws of the State of New York. The Arbitration arbitration will be heard and determined by 3 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 independent of each Party and will not have worked for or on behalf of either Party for at least [***]its Affiliates. Each Party will appoint one (1) arbitrator and the third (3rd) arbitrator will be selected by the 2 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 arbitration will take place in New YorkHonolulu, New YorkHI, United States. The Arbitration arbitration award so given will, absent manifest error, be a final and binding determination of the ClaimDispute, will be fully enforceable in any court of competent jurisdiction, and will not include any damages expressly prohibited by Section 15.5 (Limited Liability)11.4. NVS will pay the feesFees, costs and expenses of arbitration are to be divided by the Parties in the following manner: Xxxxx will pay for the arbitrator it chooses, HMI XxxxXxx will pay the fees, costs and expenses 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 arbitration or as otherwise required by Applicable Law or securities exchangeLaw, 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 Agreement, if in the event the Parties have not resolved such Executive Officers do not resolve the dispute Dispute within [...***...] after of receipt of the written notice referring such request, thenDispute to the Executive Officers, either Party may at any time after such [...***...] period submit such Claim 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 17.1.2 (Full Arbitration) (the “Arbitration”)16.4. The Arbitration arbitration will be governed by the Applicable Law Laws of the State of New York. The Arbitration arbitration will be heard and determined by 3 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 independent 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 2 two 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 ClaimDispute, will be fully enforceable in any court of competent jurisdiction, and will not include any damages expressly prohibited by Section 15.5 (Limited Liability)13.5. NVS Novartis will pay the fees, costs and expenses for the arbitrator it chooses, HMI 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 arbitration or as otherwise required by Applicable 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.