Common use of Internal Resolution Clause in Contracts

Internal Resolution. Except as otherwise expressly provided in this Agreement, any Disputes shall be first referred to an Executive of each Party for resolution, prior to proceeding under the other provisions of this Article 14. A Dispute shall be referred to such Executives upon one Party providing the other Party with written notice that such Dispute exists, and such Executives shall attempt to resolve such Dispute through good faith discussions. In the event that such Dispute is not resolved within [**] of such other Party’s receipt of such notice, then subject to Section 14.3, either Party may initiate by written notice to the other the Dispute resolution provisions in Section 14.2. The Parties agree that any discussions between such Executives regarding such Dispute will not constitute settlement discussions, unless the Parties agree otherwise in writing.

Appears in 3 contracts

Samples: License and Collaboration Agreement (Constellation Pharmaceuticals Inc), License and Collaboration Agreement (Constellation Pharmaceuticals Inc), License and Collaboration Agreement (Constellation Pharmaceuticals Inc)

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Internal Resolution. Except as otherwise expressly provided in this Agreement, any Disputes Dispute shall be first referred to an Executive of each Party for resolution, prior to proceeding under the other provisions of this Article 1413. A Dispute shall be referred to such Executives upon one Party providing the other Party with written notice that such Dispute exists, and such Executives shall attempt to resolve such Dispute through good faith discussions. In the event that such Dispute is not resolved within [***] of such other Party’s receipt of such notice, then subject to Section 14.3, either Party may initiate by written notice to the other the Dispute resolution provisions in Section 14.213.2. The Parties agree that any discussions between such Executives regarding such Dispute will not constitute settlement discussions, unless the Parties agree otherwise in writing.

Appears in 2 contracts

Samples: Research Collaboration and Exclusive License Agreement (Keros Therapeutics, Inc.), Research Collaboration and Exclusive License Agreement (Keros Therapeutics, Inc.)

Internal Resolution. Except as otherwise expressly provided in this Agreement, any Disputes shall be first referred to a Licensee Vice President and an Executive of each Party Ocera Vice President for resolution, prior to proceeding under the other provisions of this Article 1412. A Dispute shall be referred to such Executives executives upon one Party providing the other Party with written notice that such Dispute exists, and such Executives executives (or their designees) shall attempt to resolve such Dispute through good faith discussions. In the event that such Dispute is not resolved within [**] of such other Party’s receipt of such notice, then subject to Section 14.312.3, either Party may initiate by written notice to the other the Dispute resolution provisions in Section 14.212.2. The Parties agree that any discussions between such Executives executives (or their designees) regarding such Dispute will do not constitute settlement discussions, unless the Parties agree otherwise in writing.

Appears in 2 contracts

Samples: Technology Transfer and License Agreement (Ocera Therapeutics, Inc.), Technology Transfer and License Agreement (Ocera Therapeutics, Inc.)

Internal Resolution. Except as otherwise expressly provided in this Agreement, any Disputes shall be first referred to a Licensee Vice President and an Executive of each Party Ocera Vice President for resolution, prior to proceeding under the other provisions of this Article 1412. A Dispute shall be referred to such Executives executives upon one Party providing the other Party with written notice that such Dispute exists, and such Executives executives (or their designees) shall attempt to resolve such Dispute through good faith discussions. In the event that such Dispute is not resolved within [**] of such other Party’s receipt of such notice, then subject to Section 14.312.3, either Party may initiate by written notice to the other the Dispute resolution provisions in Section 14.212.2. The Parties agree that any discussions between such Executives executives (or their designees) regarding such Dispute will do not constitute settlement discussions, unless the Parties agree otherwise in writing.

Appears in 1 contract

Samples: Technology Transfer and License Agreement (Ocera Therapeutics, Inc.)

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Internal Resolution. Except as otherwise expressly provided in this AgreementAgreement (including under Section 3.6), any Disputes shall be first referred to an Executive of each Party the Parties’ Senior Executives for resolution, prior to proceeding under the other provisions of this Article 1415. A Dispute shall be referred to such Executives executives upon one Party providing the other Party with written notice that such Dispute exists, and such Executives executives, or their designees, shall attempt to resolve such Dispute through good faith discussions. In the event that such Dispute is not resolved within [**] of such other Party’s receipt of such written notice, then subject to Section 14.3, either Party may initiate by written notice to the other the Dispute resolution provisions procedures set forth in Section 14.215.3. The Parties agree that any discussions between such Executives executives, or their designees, regarding such Dispute will do not constitute settlement discussions, unless the Parties agree otherwise in writing.

Appears in 1 contract

Samples: License and Development Agreement (Surmodics Inc)

Internal Resolution. Except as otherwise expressly provided in this Agreement, any Disputes shall be first referred to an a Genentech Vice President and the Chief Executive Officer of each Party Array for resolution, prior to proceeding under the other provisions of this Article 14. A Dispute shall be referred to such Executives executives upon one Party providing the other Party with written notice that such Dispute exists, and such Executives executives (or their designees) shall attempt to resolve such Dispute through good faith discussions. In the event that such Dispute is not resolved within [**] thirty (30) days of such other Party’s receipt of such notice, then subject to Section 14.3, either Party may initiate by written notice to the other the Dispute resolution provisions in Section 14.2. The Parties agree that any discussions between such Executives executives (or their designees) regarding such Dispute will do not constitute settlement discussions, unless the Parties agree otherwise in writing.

Appears in 1 contract

Samples: License Agreement (Array Biopharma Inc)

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