No Decision. Failure at any level of the Grievance Procedure to communicate a decision to the aggrieved party and his/her ETA representative within the specified time limit, shall permit the lodging of an appeal at the next level of the procedure within the time which would have been allotted had the decision been communicated by the final day.
No Decision. Neither Party will have final decision-making authority with respect to: (i) approval of the Development Plan, Regulatory Plan, Commercialization Plan, or Medical Affairs Plan; (ii) any amendment or update to any Development Plan, Regulatory Plan, Commercialization Plan, or Medical Affairs Plan (including any Shared Expenses Budget set forth therein); (iii) approval of any additional FTE Costs, or Out-of-Pocket Expenses to be included as Eligible Commercialization Expenses, Eligible Development Expenses, Eligible Medical Affairs Expenses, or as Other Operating Expenses, (iv) any BLA, application for Reimbursement Approval, or other Regulatory Submission for any Product in the Territory to be submitted by or on behalf of either Party; (v) the initial FTE Rate for either Party or any adjustment to the FTE Rate for either Party; (vi) adding a previously Restricted Country to the Territory; (vii) approval of support for ALJ’s Commercialization activities to the extent such support is not set out in the Commercialization Plan and is requested by ALJ in accordance with Section 6.3; (viii) whether ALJ shall have the right to assume responsibility for the prosecution and maintenance of a Licensed Patent Right in accordance with Section 10.2.2; (x) whether ALJ or its designee may initiate an Infringement Action in accordance with Section 10.4.3; (xi) a determination not to obtain or maintain trademark registrations for a Product Xxxx in respect of each Product in a country in the Territory; or (xii) changes to minimum insurance coverage requirements in accordance with Section 13.5 (Insurance).
No Decision. If Lessee does not indicate and notify Lessor of its End Term decision for the Equipment listed above as required under the terms of the Agreement, Leases for such Equipment will automatically continue on a month to month basis, unless specifically agreed to otherwise in writing by the Parties, monthly beyond the End Term in accordance with the terms and conditions thereof. Unless indicated in the table above, all End of Lease Option payments will be made by Lessee in accordance with the Payment Period and terms set forth in the Agreement. Any payments associated with these End of Lease Options are independent of, and in addition to, any payments, including, but not limited to any taxes or other expenses, due to Lessor under the Agreement for the applicable Leases ("Lease Payments"). Lessee remains obligated to make all Lease Payments to Lessor which are a condition of Xxxxxx's fulfillment of Xxxxxx's selected End of Lease Options.
No Decision. Where agreement is not reached in mediation within twenty (20) Business Days of the requirement or agreement to refer the dispute to a mediation, either party may the pursue such legal remedies as it may have.
No Decision. Making. The JSC shall be for communication and consultation purposes only and shall have no decision-making authority. Each Party will be responsible for ensuring that, at all times, its representatives on the JSC act reasonably and in good faith in carrying out their respective responsibilities hereunder. Each Party will consider in good faith any recommendations brought to the JSC by the other Party.
