Common use of Hearing Decision Clause in Contracts

Hearing Decision. The Hearing shall commence within [**] days after the discovery cutoff. The arbitrators shall require that each party submit concise written statements of position and shall permit the submission of rebuttal statements, subject to reasonable limitations on the length of such statements to be established by the arbitrators. The Hearing shall be no longer than [**] business days in duration. The arbitrators shall also permit the submission of expert reports. The arbitrators shall render the Award within [**] days after the arbitrators declares the Hearing closed, and the Award shall include a written statement describing the essential findings and conclusions on which the Award is based, including the calculation of any damages awarded. The arbitrators will, in rendering their decision, apply the substantive law of the State of New York, excluding its conflicts of laws principles with the exception of sections 5-1401 and 5-1402 of New York General Obligations Law. The arbitrators’ authority to award special, incidental, consequential or punitive damages shall be subject to the limitation set forth in Section 7.4 (

Appears in 4 contracts

Samples: Option and License Agreement, Option and License Agreement (Arsanis, Inc.), Option and License Agreement (Arsanis, Inc.)

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Hearing Decision. The Hearing shall commence within [**] days after the discovery cutoffselection of the Arbitrator. The arbitrators Arbitrator shall require that each party Party submit concise written statements of position and shall permit the submission of rebuttal statements, subject to reasonable limitations on the length of such statements to be established by the arbitratorsArbitrator. The Hearing shall be no longer than [**] five business days in duration. The arbitrators Arbitrator shall also permit the submission of expert reports. The arbitrators Arbitrator shall render the Award within [**] days after the arbitrators Arbitrator declares the Hearing closed, and the Award shall include a written statement describing the essential findings and conclusions on which the Award is based, including the calculation of any damages awarded. The arbitrators Arbitrator will, in rendering their his or her decision, apply the substantive law of the State of New York, USA, excluding its conflicts of laws principles with the exception of sections 5-1401 and 5-1402 of New York General Obligations Law. The arbitrators’ Arbitrator’s authority to award special, incidental, consequential or punitive damages shall be subject to the limitation set forth in Section 7.4 (9.4. The Award rendered by the Arbitrator shall be final, binding and non-appealable, and judgment may be entered upon it in any court of competent jurisdiction.

Appears in 3 contracts

Samples: Collaboration, License and Option Agreement (Curis Inc), Collaboration, License and Option Agreement, Collaboration, License and Option Agreement (Curis Inc)

Hearing Decision. The Hearing shall commence within [**] sixty (60) calendar days after the discovery cutoff. The arbitrators Arbitrator shall require that each party submit concise written statements of position and shall permit the submission of rebuttal statements, subject to reasonable limitations on the length of such statements to be established by the arbitratorsArbitrator. The Hearing shall be no longer than [**] 5 business days in duration. The arbitrators Arbitrator shall also permit the submission of expert reports. The arbitrators Arbitrator shall render the Award within [**] thirty (30) days after the arbitrators Arbitrator declares the Hearing closed, and the Award shall include a written statement describing the essential findings and conclusions on which the Award is based, including the calculation of any damages awarded. The arbitrators Arbitrator will, in rendering their his or her decision, apply the substantive law of the State of New YorkDelaware, excluding without giving effect to its principles of conflicts of law, and without giving effect to any rules or laws principles with the exception of sections 5-1401 and 5-1402 of New York General Obligations Lawrelating to arbitration. The arbitrators’ Arbitrator’s authority to award special, incidental, consequential or punitive damages shall be subject to the limitation set forth in Section 7.4 (7.5. The Award rendered by the Arbitrator shall be final, binding and non-appealable, and judgment may be entered upon it in any court of competent jurisdiction.

Appears in 1 contract

Samples: Exclusive License Agreement (Advaxis, Inc.)

Hearing Decision. The Hearing shall commence within [***] days after the discovery cutoff. The arbitrators shall require that each party submit concise written statements of position and shall permit the submission of rebuttal statements, subject to reasonable limitations on the length of such statements to be established by the arbitrators. The Hearing shall be no longer than [***] business days in duration. The arbitrators shall also permit the submission of expert reports. The arbitrators shall render the Award within [***] days after the arbitrators declares the Hearing closed, and the Award shall include a written statement describing the essential findings and conclusions on which the Award is based, including the calculation of any damages awarded. The arbitrators will, in rendering their decision, apply the substantive law of the State of New York, excluding its conflicts of laws principles with the exception of sections 5-1401 and 5-1402 of New York General Obligations Law. The arbitrators’ authority to award special, incidental, consequential or punitive damages shall be subject to the limitation set forth in Section 7.4 (

Appears in 1 contract

Samples: Assignment and License Agreement (Adagio Therapeutics, Inc.)

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Hearing Decision. The Hearing shall commence within [**] days after the discovery cutoffselection of the Arbitrator. The arbitrators Arbitrator shall require that each party Party submit concise written statements of position and shall permit the submission of rebuttal statements, subject to reasonable limitations on the length of such statements to be established by the arbitratorsArbitrator. The Hearing shall be no longer than [**] business days in duration. The arbitrators Arbitrator shall also permit the submission of expert reports. The arbitrators Arbitrator shall render the Award within [**] days after the arbitrators Arbitrator declares the Hearing closed, and the Award shall include a written statement describing the essential findings and conclusions on which the Award is based, including the calculation of any damages awarded. The arbitrators Arbitrator will, in rendering their his or her decision, apply the substantive law of the State of New York, USA, excluding its conflicts of laws principles with the exception of sections 5-1401 and 5-1402 of New York General Obligations Law. The arbitrators’ Arbitrator’s authority to award special, incidental, consequential or punitive damages shall be subject to the limitation set forth in Section 7.4 (12.6. The Award rendered by the Arbitrator shall be final, binding and non-appealable, and judgment may be entered upon it in any court of competent jurisdiction.

Appears in 1 contract

Samples: Exclusive License and Supply Agreement (SteadyMed Ltd.)

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