Scope of Governance. Notwithstanding the creation of the JDC and JCC, each Party shall retain the rights, powers and discretion granted to it hereunder, and no Committee shall be delegated or vested with rights, powers or discretion unless such delegation or vesting is expressly provided herein, or the Parties expressly so agree in writing. No Committee shall have the power to amend or modify this Agreement, and no decision of any Committee shall be in contravention of any terms and conditions of this Agreement. It is understood and agreed that issues to be formally decided by the JDC and, if applicable, the JCC are only those specific issues that are expressly provided in this Agreement to be decided by the JDC and JCC, as applicable.
Appears in 2 contracts
Samples: Licensing Agreement (Xanodyne Pharmaceuticals Inc), Licensing Agreement (Xanodyne Pharmaceuticals Inc)
Scope of Governance. Notwithstanding the creation of the JDC and JCCJFCC, each Party shall retain the rights, powers and discretion granted to it hereunder, and no Committee the JFCC shall not be delegated or vested with rights, powers or discretion unless such delegation or vesting is expressly provided herein, or the Parties expressly so agree in writing. No Committee The JFCC shall not have the power to amend or modify this Agreement, and no decision of any Committee the JFCC shall be in contravention of any terms and conditions of this Agreement. It is understood and agreed that issues to be formally decided by the JDC and, if applicable, the JCC JFCC are only those specific issues that are expressly provided in this Agreement to be decided by the JDC and JCC, as applicableJFCC. Any dispute regarding the interpretation of this Agreement or any alleged breach of this Agreement will be resolved in accordance with the terms of Article 14.
Appears in 1 contract
Samples: License and Collaboration Agreement (Planet Alpha Corp.)
Scope of Governance. Notwithstanding the creation of the ESC, JDC and JCC, each Party shall retain the rights, powers and discretion granted to it hereunder, and no Committee shall be delegated or vested with rights, powers or discretion unless such delegation or vesting is expressly provided herein, or the Parties expressly so agree in writing. No Committee shall have the power to amend or modify this Agreement, and no decision of any Committee shall be in contravention of any terms and conditions of this Agreement. It is understood and agreed that issues to be formally decided by the ESC, JDC andand JCC, if as applicable, the JCC are only those specific issues that are expressly provided in this Agreement to be decided by the ESC, JDC and JCC, as applicable.
Appears in 1 contract
Samples: Development and Commercialization Agreement (Xenoport Inc)