Waiver and Acknowledgement. By agreeing to this binding arbitration provision, the Parties understand that they are waiving certain rights and protections which may otherwise be available if a Claim between the Parties were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this provision, the right to a jury trial, certain rights of appeal, and a right to invoke formal rules of procedure and evidence.
Appears in 2 contracts
Samples: Exclusive Sublicense Agreement (Cleveland Biolabs Inc), Exclusive Sublicense Agreement (Cleveland Biolabs Inc)
Waiver and Acknowledgement. By agreeing to this binding arbitration provision, the Parties parties understand that they are waiving certain rights and protections which may otherwise be available if a Claim between the Parties were determined by litigation to such party in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this provision, the right to a jury trial, certain rights of appeal, and a right to invoke formal rules of procedure and evidence.
Appears in 2 contracts
Samples: Development, Technology Transfer and Pre Commercial Manufacturing Agreement (NovaCardia Inc), Development, Technology Transfer and Pre Commercial Manufacturing Agreement (NovaCardia Inc)