Common use of Internal Escalation Clause in Contracts

Internal Escalation. Unless otherwise explicitly set forth in this Agreement, in the event that the Parties are unable to resolve any dispute, controversy or claim arising out of, or in relation to this Agreement, or the breach, termination or invalidity thereof (collectively “Issue”), the Parties shall first refer such Issue to the Head of Roche Partnering and to the Chief Executive Officer of Trimeris. In the event that such Issue cannot be resolved by these individuals after a good faith discussion to resolve the issue, then either Party may initiate arbitration in accordance with this subsection under the guidelines of AAA in New York City, New York, under the commercial rules then in effect for AAA, except as provided for herein.

Internal Escalation. Unless otherwise explicitly set forth in this Agreement, in the event that the Parties parties are unable to resolve any dispute, controversy or claim arising out of, or in relation to this Agreement, or the breach, termination or invalidity thereof (collectively “"Issue”"), the Parties parties shall first refer such Issue to the Head of the Pharma Division of Roche Partnering and to the Chief Executive Officer of Trimeris. In the event that such Issue cannot be resolved by these individuals after a good faith discussion to resolve the issue, then either Party party may initiate arbitration in accordance with this subsection under the guidelines of AAA in New York City, New York, under the commercial rules then in effect for AAA, except as provided for herein.

Internal Escalation. Unless otherwise explicitly set forth in this Agreement, in the event that the Parties parties are unable to resolve any dispute, controversy or claim arising out of, or in relation to this Agreement, or the breach, termination or invalidity thereof (collectively “"Issue”"), the Parties parties shall first refer such Issue to the Head of Roche Partnering Pharmaceuticals of ROCHE-Basel and to the Chief Executive Officer of TrimerisPRAECIS. In the event that such Issue cannot be resolved by these individuals after a good faith discussion to resolve the issue, then either Party party may initiate arbitration in accordance with this subsection under the guidelines of AAA in New York City, New York, under the commercial rules then in effect for AAA, except as provided for herein.

Internal Escalation. Unless otherwise explicitly set forth in this ------------------- Agreement, in the event that the Parties parties are unable to resolve any dispute, controversy or claim arising out of, or in relation to this Agreement, or the breach, termination or invalidity thereof (collectively “"Issue”"), the Parties parties shall first refer such Issue to the Head of Roche Partnering the Pharma Division of ROCHE and to the Chief Executive Officer of TrimerisTRIMERIS. In the event that such Issue cannot be resolved by these individuals after a good faith discussion to resolve the issue, then either Party party may initiate arbitration in accordance with this subsection under the guidelines of AAA in New York City, New York, under the commercial rules then in effect for AAA, except as provided for herein.