Common use of Waiver and Acknowledgement Clause in Contracts

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: Amended and Restated Exclusive Sublicense Agreement (Cleveland Biolabs Inc), Exclusive Sublicense Agreement (Cleveland Biolabs Inc)

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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: Manufacturing Agreement (NovaCardia Inc), Manufacturing Agreement (NovaCardia Inc)

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