Common use of Termination by ERS Clause in Contracts

Termination by ERS. ERS shall have the right, upon six months' prior written notice to the Company setting forth the reasons therefor, to have the JEC determine whether or not there exists a significant concern regarding a regulatory or patient safety issue that would seriously impact the long term viability of all Products. If the JEC can not reach agreement regarding such a question, then the matter shall be resolved in accordance with the Accelerated Arbitration Provisions of Section 16.13(b). The Agreement shall immediately terminate upon a finding by the JEC or arbitrators, as the case may be, that there exists a significant concern regarding a regulatory or patient safety issue that would seriously impact the long term viability of all Products.

Appears in 3 contracts

Samples: Distribution and Supply Agreement, Distribution and Supply Agreement (Bristol Myers Squibb Co), Distribution and Supply Agreement (Imclone Systems Inc/De)

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Termination by ERS. ERS shall have the right, upon six months' prior written notice to the Company setting forth the reasons therefor, to have the JEC determine whether or not there exists a significant concern regarding a regulatory or patient safety issue that would seriously impact the long term viability of all Products. If the JEC can not reach agreement regarding such a question, then the matter shall be resolved in accordance with the Accelerated Arbitration Provisions of Section 16.13(b). The Agreement shall immediately terminate upon a finding by the JEC or arbitrators, as the case may be, that there exists a significant concern regarding a regulatory or patient safety issue that would seriously impact the long term viability of all Products.16.13

Appears in 1 contract

Samples: Distribution and Supply Agreement (Imclone Systems Inc/De)

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