Common use of Termination Disputes Clause in Contracts

Termination Disputes. If a Party gives notice of termination under this Section 9.2(b) or 9.2(d), and the other Party disputes whether such notice was proper, then the issue of whether or not this Agreement was properly terminated shall be resolved in accordance with ARTICLE XIII, and the Agreement shall remain in full force and effect until such dispute is resolved. If as a result of such dispute resolution process it is determined that the notice of termination was proper, then such termination shall be deemed to be effective on the date on which such notice was first provided. On the other hand, if as a result of the dispute resolution process it is determined that the notice of termination was improper, then no termination shall have occurred and this Agreement shall remain in full force and effect.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Incyte Corp), Collaboration and License Agreement (Incyte Corp)

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Termination Disputes. If Notwithstanding anything to the contrary in this Agreement, if a Party gives notice of termination under this Section 9.2(b) 12.3.1 or 9.2(d)12.3.2, and the other Party disputes whether such notice was proper, then the issue of whether or not this Agreement was properly terminated shall be resolved in accordance with ARTICLE XIIISection 14, and the this Agreement shall remain in full force and effect until such dispute is resolved. If as a result of such dispute resolution process it is determined that the notice of termination was proper, then such termination shall be deemed to be effective on the date on which such notice was first provideddispute is resolved. On the other hand, if as a result of the dispute resolution process it is determined that the notice of termination was improper, then no termination shall have occurred and this Agreement shall remain in full force and effect.

Appears in 1 contract

Samples: License and Collaboration Agreement (Incyte Corp)

Termination Disputes. If a Party gives notice of termination under this Section 9.2(b10.2(b) or 9.2(d), and the other Party disputes whether such notice was properproper (including disputing the existence or materiality of the breach specified in a notice provided by the other Party under Section 10.2(b)), then the issue of whether or not this Agreement (in its entirety or with respect to a Licensed Product and/or country, as applicable) was properly terminated shall be resolved in accordance with ARTICLE XIIIXIV, and the this Agreement shall remain in full force and effect until such dispute is resolved. If as a result of such dispute resolution process it is determined that the notice of termination was proper, then such termination shall be deemed to be effective on the date on which such notice was first provideddispute is resolved if it is not cured within the cure periods set forth in Section 10.2(b) (measured from the date on which the dispute is resolved). On the other hand, if as a result of the dispute resolution process it is determined that the notice of termination was improper, then no termination shall have occurred and this Agreement shall remain in full force and effect.

Appears in 1 contract

Samples: Collaboration and License Agreement (Calithera Biosciences, Inc.)

Termination Disputes. If a Party gives notice of termination under this Section 9.2(b) or 9.2(d), 12.3 and the other Party disputes whether such notice was proper, then the issue of whether or not this the Agreement was properly terminated shall be resolved in accordance with ARTICLE XIIISection 13.1, and the Agreement shall remain in full force and effect until such dispute is resolved. If as a result of such dispute resolution process arbitration it is determined that the notice of termination was proper, then such termination shall be deemed to be effective on the date on which such notice was first provided. On the other hand, if as a result of the dispute resolution arbitration process it is determined that the notice of termination was improper, then no termination shall have occurred and this Agreement shall remain in full force and effect.

Appears in 1 contract

Samples: License and Collaboration Agreement (Ventrus Biosciences Inc)

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Termination Disputes. If a the Non-Breaching Party gives notice of termination under this Section 9.2(b) or 9.2(d8.2(b), and the other Breaching Party disputes whether such notice was proper, then the issue of whether or not this Agreement was properly terminated shall be resolved in accordance with ARTICLE XIIIArticle XII, and the Agreement shall remain in full force and effect until such dispute is resolved. If If, as a result of such dispute resolution process process, it is determined that the notice of termination was proper, then such termination shall be deemed to be effective on the date on which such notice was first provided. On the other hand, if as a result of the dispute resolution process it is determined that the notice of termination was improper, then no termination shall have occurred and this Agreement shall remain in full force and effect.

Appears in 1 contract

Samples: License Agreement (Eyenovia, Inc.)

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