Common use of AGREEMENT AND MODIFICATION Clause in Contracts

AGREEMENT AND MODIFICATION. Any change in the terms of this Agreement shall be valid only if the change is made in writing, agreed to and signed by the Parties. This Agreement contains the entire understanding between and among the Parties in respect of the Clinical Trial, and supersedes all other agreements, negotiations, representations and undertakings, whether written or oral, of prior date between or among the Parties relating to the Clinical Trial. Nothing in this Agreement shall, however, operate to limit or exclude any liability for fraud. Dispute Resolution The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between officials or representatives who have authority to settle the controversy and who are at a higher level of management or responsibility than the persons with direct responsibility for administration of this Agreement. Any Party may give the other Parties written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving Party shall submit to the other Parties a written response. The notice and the response shall include: a statement of that Party’s position and a summary of arguments supporting that position; and the name of the title of the official or representative who will represent that Party and any other person that will accompany the official representative. Within 30 days after delivery of the disputing Party’s notice, the Parties shall meet at a mutually acceptable time and place and thereafter as often as they reasonably deem necessary to attempt to resolve the dispute. All reasonable requests for information made by one Party to the other Party or Parties shall be honoured. All negotiations pursuant to this Section 17 are confidential and shall be treated as compromise and settlement negotiations and; therefore, deemed to be off the record and without prejudice. FORCE MAJEURE No Party shall be liable to any other Party or shall be in default of its obligations hereunder if such default is the result of war, hostilities, terrorist activity, revolution, civil commotion, strike, epidemic, fire, and flood or because of any act of God or other cause beyond the reasonable control of the Party affected. The Party affected by such circumstances shall promptly notify the other Parties in writing when such circumstances cause a delay or failure in performance and shall take whatever reasonable steps are necessary to relieve the effect of such cause as rapidly as reasonably possible. In the event of a delay lasting for four weeks or thirty (30) working days or more, the non-affected Parties shall have the right to terminate this Agreement in accordance with Section13 of this Agreement.

AGREEMENT AND MODIFICATION. Any change in the terms of this Agreement shall be valid only if the change is made in writing, agreed to and signed by the Parties. This Agreement contains the entire understanding between and among the Parties in respect of the Clinical Trial, and supersedes all other agreements, negotiations, representations and undertakings, whether written or oral, of prior date between or among the Parties relating to the Clinical Trial. Nothing in this Agreement shall, however, operate to limit or exclude any liability for fraud. Dispute Resolution The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between officials or representatives who have authority to settle the controversy and who are at a higher level of management or responsibility than the persons with direct responsibility for administration of this Agreement. Any Party may give the other Parties written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving Party shall submit to the other Parties a written response. The notice and the response shall include: a statement of that Party’s position and a summary of arguments supporting that position; and the name of the title of the official or representative who will represent that Party and any other person that will accompany the official representative. Within 30 days after delivery of the disputing Party’s notice, the Parties shall meet at a mutually acceptable time and place and thereafter as often as they reasonably deem necessary to attempt to resolve the dispute. All reasonable requests for information made by one Party to the other Party or Parties shall be honoured. All negotiations pursuant to this Section 17 are confidential and shall be treated as compromise and settlement negotiations and; therefore, deemed to be off the record and without prejudice. FORCE MAJEURE No Party shall be liable to any other Party or shall be in default of its obligations hereunder if such default is the result of war, hostilities, terrorist activity, revolution, civil commotion, strike, epidemic, fire, and flood or because of any act of God or other cause beyond the reasonable control of the Party affected. The Party affected by such circumstances shall promptly notify the other Parties in writing when such circumstances cause a delay or failure in performance and shall take whatever reasonable steps are necessary to relieve the effect of such cause as rapidly as reasonably possible. In the event of a delay lasting for four weeks or thirty (30) working days or more, the non-affected Parties shall have the right to terminate this Agreement in accordance with Section13 Section 13 of this Agreement.