Common use of Performance of the Agreement Clause in Contracts

Performance of the Agreement. During the pendency of the arbitration proceedings, the matter which is the subject of such arbitration proceedings shall be performed by the Parties (A) in the manner determined by Schering in its sole discretion if it is a matter relating to Schering's development of Licensed Product, and (B) in the manner determined by Licensor in its sole discretion if it is a matter involving payment of License Fees under Section 3.1 and royalty payments under Sections 3.2 or 3.

Performance of the Agreement. During the pendency of the arbitration proceedings, the matter which is the subject of such arbitration proceedings shall be performed by the Parties parties (A) in the manner determined by Schering in its sole discretion if it is a matter relating to arising out of Schering's development of Licensed Product, and (B) in the manner determined by Licensor Sepracor in its sole discretion if it is a matter involving payment of License Fees under Section 3.1 and royalty payments under Sections 3.2 or 3.