Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither party elects to initiate mediation, each party shall have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this Section.
Appears in 36 contracts
Samples: Non Exclusive License Agreement (RXi Pharmaceuticals Corp), Non Exclusive License Agreement (RXi Pharmaceuticals Corp), Exclusive License Agreement (Cytrx Corp)
Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither party elects to initiate mediation, each party shall have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this SectionArticle.
Appears in 30 contracts
Samples: Exclusive Patent License Agreement, Tangible Property License Agreement, Tangible Property License Agreement
Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither party elects to initiate mediation, each party shall have the right to may pursue any other remedies legally available to resolve the dispute. However, provided, however, that the parties expressly waive any the right to a jury trial in any the legal proceeding under this SectionSubsection 9.2(c).
Appears in 20 contracts
Samples: Exclusive License Agreement (Generation Bio Co.), Exclusive License Agreement (Generation Bio Co.), Exclusive License Agreement (Axovant Sciences Ltd.)
Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither party elects to initiate mediation, each party shall have the right to may pursue any other remedies legally available to resolve the dispute. However, provided, however, that the parties expressly waive any the right to a jury trial in any the legal proceeding under this Section.
Appears in 19 contracts
Samples: Non Exclusive License Agreement (Anterios Inc), Exclusive License Agreement (Anterios Inc), Non Exclusive License Agreement (Anterios Inc)
Trial Without Jury. If the parties Parties fail to resolve the dispute through mediation, or if neither party elects to initiate mediationnegotiation in accordance with Section 14.01, each party Party shall have the right to pursue any other of the remedies legally available to resolve the dispute, ; provided, however, that the parties Parties expressly waive any right to a jury trial in any legal proceeding proceedings under this SectionSection 14.02.
Appears in 5 contracts
Samples: License and Supply Agreement (Amarillo Biosciences Inc), License and Supply Agreement (Amarillo Biosciences Inc), License and Supply Agreement (Amarillo Biosciences Inc)
Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither no party elects to initiate mediation, each party shall will have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this SectionArticle 14.
Appears in 4 contracts
Samples: Exclusive Patent License Agreement, Exclusive Patent License Agreement (Rubius Therapeutics, Inc.), Exclusive Patent License Agreement (Rubius Therapeutics, Inc.)
Trial Without Jury. If the parties Parties fail to resolve the dispute through mediation, or if neither party no Party elects to initiate mediation, each party shall Party will have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties Parties expressly waive any right to a jury trial in any legal proceeding under this SectionArticle.
Appears in 3 contracts
Samples: Exclusive Patent License and Tangible Property Agreement (Verastem, Inc.), Exclusive Patent License Agreement (Verastem, Inc.), Exclusive Patent License and Tangible Property Agreement (Verastem, Inc.)
Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither party elects to initiate is not resolved by mediation within [***] after commencement of mediation, each party shall have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this SectionArticle.
Appears in 3 contracts
Samples: Exclusive Patent License Agreement (Angion Biomedica Corp.), Exclusive Patent License Agreement (Elicio Therapeutics, Inc.), Exclusive Patent License Agreement (BiomX Inc.)
Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither no party elects to initiate mediation, each party shall have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this Section.
Appears in 3 contracts
Samples: License Agreement, License Agreement (Syros Pharmaceuticals, Inc.), License Agreement (Syros Pharmaceuticals, Inc.)
Trial Without Jury. If the parties fail to or resolve the dispute through mediation, or if neither party elects to initiate mediation, each party shall have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this Section.
Appears in 3 contracts
Samples: License Agreement (Signal Pharmaceuticals Inc), License Agreement (Signal Pharmaceuticals Inc), License Agreement (Signal Pharmaceuticals Inc)
Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither party elects to initiate mediation, each party shall have the right to pursue any other remedies legally available to resolve the dispute, ; provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this Section.
Appears in 3 contracts
Samples: Research Collaboration and License Agreement (Arqule Inc), Research Collaboration and License Agreement (Arqule Inc), Research Collaboration and License Agreement (Acadia Pharmaceuticals Inc)
Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither party elects to initiate mediation, each party shall have the right to may pursue any other remedies legally available to resolve the dispute, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this Section.
Appears in 2 contracts
Samples: License Agreement (Rxi Pharmaceuticals Corp), License Agreement (Rxi Pharmaceuticals Corp)
Trial Without Jury. If the parties Parties fail to resolve the dispute through mediation, or if neither party Party elects to initiate mediation, each party Party shall have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties Parties expressly waive any the right to a jury trial in any the legal proceeding under this Section.
Appears in 2 contracts
Samples: Development Loan Agreement, Development Loan Agreement
Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither party elects to initiate mediationnegotiation, each party shall have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this Section.
Appears in 2 contracts
Samples: Sponsored Research Agreement (Ivivi Technologies, Inc.), Sponsored Research Agreement (Ivivi Technologies, Inc.)
Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither no party elects to initiate mediation, each party shall have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this SectionSection 13.
Appears in 2 contracts
Samples: Patent License Agreement (Omega Therapeutics, Inc.), Patent License Agreement (Omega Therapeutics, Inc.)
Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither party elects to initiate mediation, each party shall have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this SectionArticle 13.
Appears in 2 contracts
Samples: Collaboration and License Agreement (Arqule Inc), Collaboration and License Agreement (Arqule Inc)
Trial Without Jury. If the parties fail to resolve the dispute through mediationthe procedures of this Article 7, or if neither party elects to initiate mediation, each either party shall have the right to may pursue any other remedies legally available to resolve the dispute. However, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this Section.
Appears in 2 contracts
Samples: Research Collaboration Agreement (Mfic Corp), Research Collaboration Agreement (Mfic Corp)
Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither party elects ejects to initiate mediation, each party shall have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this SectionArticle.
Appears in 2 contracts
Samples: Exclusive Patent License Agreement (Nanosys Inc), Exclusive Patent License Agreement (Nanosys Inc)
Trial Without Jury. If the parties Parties fail to resolve the dispute through mediation, or if neither party no Party elects to initiate mediation, each party Party shall have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties Parties expressly waive any right to a jury trial in any legal proceeding under this SectionArticle.
Appears in 1 contract
Samples: Tangible Property and Exclusive Patent License Agreement (Proteostasis Therapeutics, Inc.)
Trial Without Jury. If the parties Parties fail to resolve the dispute through mediation, or if neither party Party elects to initiate mediation, each party Party shall have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties Parties expressly waive any right to a jury trial in any legal proceeding under this Section.
Appears in 1 contract
Samples: Compound Discovery Collaboration Agreement (Genome Therapeutics Corp)
Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither party elects to initiate mediation, each party shall have the right to may pursue any other remedies legally available to resolve the dispute. However, provided, however, that the parties expressly waive any the right to a jury trial in any the legal proceeding under this SectionSubsection 7.2(c).
Appears in 1 contract
Samples: Option Agreement (Amarantus Bioscience Holdings, Inc.)
Trial Without Jury. If the parties fail to resolve the a dispute under Section 9.2(c) through mediation, or if neither party elects to initiate mediationmediation and such dispute is not required to be determined under Section 9.2(b), each party shall have the right to may pursue any other remedies legally available to resolve the dispute. However, provided, however, that the parties expressly waive any the right to a jury trial in any the legal proceeding under this SectionSubsection 9.2(d).
Appears in 1 contract
Samples: Exclusive License Agreement (Isis Pharmaceuticals Inc)
Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither party elects to initiate mediation, each party shall have has the right to pursue any other remedies legally available to resolve the dispute, dispute provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this Section.
Appears in 1 contract
Samples: Option Agreement for a Non Exclusive License (Si Diamond Technology Inc)
Trial Without Jury. If the parties fail to resolve the dispute ------------------ through mediation, or if neither party elects to initiate mediation, each party shall have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this Section.
Appears in 1 contract
Trial Without Jury. If the Ifthe parties fail to resolve the dispute through mediationmediation , or if neither party elects to initiate mediation, each party shall have the right to may pursue any other remedies legally available to resolve the dispute. However, provided, however, that the parties expressly waive any the right to a jury trial in any such legal proceeding under this Sectionproceeding.
Appears in 1 contract
Samples: Exclusive License Agreement (Yield10 Bioscience, Inc.)
Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither party elects to initiate mediation, each party shall have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this SectionArticle 9.
Appears in 1 contract
Samples: Exclusive Patent License Agreement (Lithium Technology Corp)
Trial Without Jury. If the parties Parties fail to resolve the dispute through mediation, or if neither party elects to initiate mediationnegotiation in accordance with Section 13.01, each party Party shall have the right to pursue any other of the remedies legally available to resolve the dispute, ; provided, however, that the parties Parties expressly waive any right to a jury trial in any legal proceeding proceedings under this SectionSection 13.02.
Appears in 1 contract
Samples: License and Supply Agreement (Amarillo Biosciences Inc)
Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither party elects to initiate mediation, each party shall have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this SectionSection 9.
Appears in 1 contract
Trial Without Jury. If the parties fail to ------------------ resolve the dispute through mediation, or if neither party elects to initiate mediation, each party shall have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this Section.
Appears in 1 contract
Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither party elects to initiate mediationmediation within [**] of the Notice Date, each party shall have the right may, subject to Section 10.9, pursue any other remedies legally available to resolve the dispute. However, provided, however, that the parties expressly waive any right to a jury trial THE PARTIES EXPRESSLY WAIVE THE RIGHT TO A JURY TRIAL in any legal proceeding under this SectionSubsection 9.2(c).
Appears in 1 contract
Trial Without Jury. If the parties Parties fail to resolve the dispute through mediation, or if neither party no Party elects to initiate mediation, each party Party shall have the right to pursue any other remedies legally available to resolve the dispute; PROVIDED, provided, howeverHOWEVER, that the parties expressly waive any right to a jury trial in any legal proceeding under this Section.
Appears in 1 contract
Samples: License Agreement (Cyberkinetics Neurotechnology Systems, Inc.)
Trial Without Jury. If the parties fail to resolve the ------------------ dispute through mediation, or if neither party elects to initiate mediation, each party shall have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this Section.
Appears in 1 contract
Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither party elects to initiate is not resolved by mediation within [**] after commencement of mediation, each party shall have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this SectionArticle.
Appears in 1 contract
Samples: Exclusive Patent License Agreement (Translate Bio, Inc.)
Trial Without Jury. If the parties fail to resolve the dispute through mediationmediation (i.e., clause (ii), (iii) or (iv) of Section 13.3(a) occurs) or if neither no party elects to initiate mediationmediation [***] days after having the right to do so pursuant to Section 13.3(a), each party shall have the right to pursue any other remedies legally available to resolve the dispute, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this SectionSection 13.
Appears in 1 contract
Trial Without Jury. If the parties fail to resolve the dispute through mediation, or if neither party elects to initiate mediation, each party shall have the right to may pursue any other remedies legally available to resolve the dispute. However, provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this Section.. 7 of 13
Appears in 1 contract
Trial Without Jury. If the parties Parties fail to resolve the dispute through mediation, or if neither party no Party elects to initiate mediation, each party Party shall have the right to pursue any other remedies legally available to resolve the dispute, ; provided, however, that the parties expressly waive any right to a jury trial in any legal proceeding under this Section.
Appears in 1 contract
Samples: License Agreement (Cyberkinetics Neurotechnology Systems, Inc.)