Examples of Expert Matter in a sentence
Any Expert Matter shall be first referred to the Parties’ Senior Executives prior to proceeding under the following provisions of this Section 14.2(a).
Within [*****] after appointment of the Expert, each Party shall submit to the Expert, with a copy to the other Party, one (1) proposal for resolving the applicable Expert Matter, including the proposed Agreement Payment and a reasonably detailed analysis of the model prepared by such Party taking into account the factors described in Section 9.2(c) to determine the proposed Agreement Payment.
Such Senior Executives shall attempt to resolve such Expert Matter through good faith discussions.
The Parties may mutually agree in writing to terminate this Agreement in its entirety for any reason; provided that if one Party proposes to mutually terminate this Agreement for scientific reasons and the other Party, after good faith discussions for a reasonable period of time, does not agree to so mutually terminate this Agreement, the disagreement over whether to terminate this Agreement for scientific reasons shall be resolved as an Expert Matter in accordance with Section 14.2(a).
For clarity, no Party shall have final decision making authority with respect to an Expert Matter.
Any dispute between the Parties regarding amounts of payments due from one Party to the other under this Agreement, including any dispute regarding characterization of costs as Development Costs or Commercialization Costs for purposes of determining such payments, shall be resolved as an Expert Matter in accordance with Section 14.2(a).
Whenever a Dispute arises that involves an Expert Matter, such Dispute shall be exclusively resolved by an expert appointed as described in this Section 5 (an “Expert”) in accordance with the procedures set forth in this Section 5.
Any dispute as to whether a particular dispute is an Expert Matter shall be resolved by litigation pursuant to Section 15.3.
Unless otherwise agreed to by the Parties, the Expert Committee may not decide any issues other than the applicable Expert Matter.
Any dispute as to whether a particular dispute is an Arbitrable Matter, a Litigable Matter or an Expert Matter shall be resolved by arbitration pursuant to this Section 13.2. If the determination of the nature of the dispute is urgent, it may be resolved as an emergency matter by an emergency arbitrator pursuant to Article 37 of the AAA Rules.