Common use of Baseball Arbitration Clause in Contracts

Baseball Arbitration. With respect to any dispute under Section 14.7.2(b)(i), which dispute is submitted by Immunocore to arbitration for resolution as provided in Section 15.2, such arbitration shall be modified by as follows: Certain confidential information contained in this document, marked by [***], has been omitted because it is both (i) not material and (ii) is the type that the registrant treats as private or confidential. (a) within [***] following the final selection of the arbitrator, the Parties, in consultation with the arbitrator, shall set a date for the arbitration, which date shall be no more than [***] after the date the arbitration is demanded under Section 15.2; (b) the arbitration shall be “baseball” style arbitration; accordingly, notwithstanding the Rules, and at least [***] prior to the arbitration, each Party shall provide the arbitrator with a brief outlining its position. Briefs may be no more than [***], and must clearly provide and identify the Party’s position with respect to the disputed matter; (c) after receiving both Parties’ opening briefs, the arbitrator will distribute each Party’s brief to the other Party. [***] in advance of the arbitration, the Parties shall submit and exchange response briefs of no more than [***]. The Parties’ briefs may include or attach relevant exhibits in the form of documentary evidence, any other material voluntarily disclosed to the other Party in advance, or publicly available information. The Parties’ briefs may also include or attach demonstratives and/or expert opinion based on the permitted documentary evidence; (d) the arbitration shall consist of a [***] hearing of not longer than [***], such time to be split equally between the Parties, in the form of presentations by counsel and/or employees and officers of the Parties. No live witnesses shall be permitted except expert witnesses whose opinions were provided with the Parties’ briefs; and (e) no later than [***] following the arbitration, the arbitrator shall issue his/her written decision. The arbitrator shall select one Party’s proposed positions as his or her decision, and shall not have the authority to render any substantive decision other than to select the proposal submitted by either GNE or Immunocore. The arbitrator shall have no discretion or authority with respect to modifying the positions of the Parties. The arbitrator’s decision shall be final and binding on the Parties and may be enforced in any court of competent jurisdiction. Each Party shall bear its own costs and expenses in connection with such arbitration, and shall share equally the arbitrator’s fees and expenses.

Baseball Arbitration. With respect to any dispute under Section 14.7.2(b)(i7.4.2(d), which dispute is submitted by Immunocore Genentech to arbitration for resolution as provided in Section 15.211.2, such arbitration shall be modified by as follows: Certain confidential information contained in this document, marked by [***], has been omitted because it is both (i) not material and (ii) is the type that the registrant treats as private or confidential.: (a) within [***] ten (10) calendar days following the final selection of the arbitratorarbitrators, the Parties, in consultation with the arbitratorarbitrators, shall set a date for the arbitration, which date shall be no more than [***] sixty (60) calendar days after the date the arbitration is demanded under Section 15.211.2; (b) the arbitration shall be “baseball” style arbitration; accordingly, notwithstanding the Rules, and at least [***] fourteen (14) calendar days prior to the arbitration, each Party shall provide the arbitrator arbitrators with a brief outlining its position. Briefs may be no more than [***], and must clearly provide and identify the Party’s position with respect to the disputed matter; (c) after receiving both Parties’ opening briefs, the arbitrator arbitrators will distribute each Party’s brief to the other Party. [***] Seven (7) calendar days in advance of the arbitration, the Parties shall submit and exchange response briefs of no more than [***]. The Parties’ briefs may include or attach relevant exhibits in the form of documentary evidence, any other material voluntarily disclosed to the other Party in advance, or publicly available information. The Parties’ briefs may also include or attach demonstratives and/or expert opinion based on the permitted documentary evidence; (d) the arbitration shall consist of a [***] hearing of not longer than [***], such time to be split equally between the Parties, in the form of presentations by counsel and/or employees and officers of the Parties. No live witnesses shall be permitted except expert witnesses whose opinions were provided with the Parties’ briefs; andand *** Certain information in this agreement has been omitted and filed separately with the Securities and Exchange Commission. [***] indicates that text has been omitted and is the subject of a confidential treatment request. (e) no later than [***] ten (10) calendar days following the arbitration, the arbitrator arbitrators shall issue his/her their written decision. The arbitrator arbitrators shall select one Party’s proposed positions as his or her their decision, and shall not have the authority to render any substantive decision other than to select the proposal submitted by either GNE Denali or ImmunocoreGenentech. The arbitrator arbitrators shall have no discretion or authority with respect to modifying the positions of the Parties. The arbitrator’s arbitrators’ decision shall be final and binding on the Parties and may be enforced in any court of competent jurisdiction. Each Party shall bear its own costs and expenses in connection with such arbitration, and shall share equally the arbitrator’s arbitrators’ fees and expenses.

Baseball Arbitration. With respect to any dispute under Section 14.7.2(b)(i13.6.2(b)(i), which dispute is submitted by Immunocore K▇▇▇▇▇ to arbitration for resolution as provided in Section 15.214.2, such arbitration shall be modified by as follows: Certain confidential information contained in this document, marked by [***], has been omitted because it is both (i) not material and (ii) is the type that the registrant treats as private or confidential.: (a) within [***] ten (10) calendar days following the final selection of the arbitrator, the Parties, in consultation with the arbitrator, shall set a date for the arbitration, which date shall be no more than [***] sixty (60) calendar days after the date the arbitration is demanded under Section 15.214.2; (b) the arbitration shall be “baseball” style arbitration; accordingly, notwithstanding the Rules, and at least [***] fourteen (14) calendar days prior to the arbitration, each Party shall provide the arbitrator with a brief outlining its position. Briefs may be no more than [***]thirty (30) pages, and must clearly provide and identify the Party’s position with respect to the disputed matter; (c) after receiving both Parties’ opening briefs, the arbitrator will distribute each Party’s brief to the other Party. [***] Seven (7) calendar days in advance of the arbitration, the Parties shall submit and exchange response briefs of no more than [***]fifteen (15) pages. The Parties’ briefs may include or attach relevant exhibits in the form of documentary evidence, any other material voluntarily disclosed to the other Party in advance, or publicly available information. The Parties’ briefs may also include or attach demonstratives and/or expert opinion based on the permitted documentary evidence; (d) the arbitration shall consist of a [***] one (1) day hearing of not no longer than [***]eight (8) hours, such time to be split equally between the Parties, in the form of presentations by counsel and/or employees and officers of the Parties. No live witnesses shall be permitted except expert witnesses whose opinions were provided with the Parties’ briefs; and (e) no later than [***] ten (10) calendar days following the arbitration, the arbitrator shall issue his/his or her written decision. The arbitrator shall select one Party’s proposed positions as his or her decision, and shall not have the authority to render any substantive decision other than to select the proposal submitted by either GNE Licensee or ImmunocoreKineta. The arbitrator shall have no discretion or authority with respect to modifying the positions of the Parties. The arbitrator’s decision shall be final and binding on the Parties and may be enforced in any court of competent jurisdiction. Each Party shall bear its own costs and expenses in connection with such arbitration, and shall share equally the arbitrator’s fees and expenses.. Kineta-Genentech Exclusive Option and License Agreement 41

Baseball Arbitration. With respect to any dispute under Section 14.7.2(b)(i13.6.2(b)(i), which dispute is submitted by Immunocore Kineta to arbitration for resolution as provided in Section 15.214.2, such arbitration shall be modified by as follows: Certain confidential information contained in this document, marked by [***], has been omitted because it is both (i) not material and (ii) is the type that the registrant treats as private or confidential.: (a) within [***] ten (10) calendar days following the final selection of the arbitrator, the Parties, in consultation with the arbitrator, shall set a date for the arbitration, which date shall be no more than [***] sixty (60) calendar days after the date the arbitration is demanded under Section 15.214.2; (b) the arbitration shall be “baseball” style arbitration; accordingly, notwithstanding the Rules, and at least [***] fourteen (14) calendar days prior to the arbitration, each Party shall provide the arbitrator with a brief outlining its position. Briefs may be no more than [***]thirty (30) pages, and must clearly provide and identify the Party’s position with respect to the disputed matter; (c) after receiving both Parties’ opening briefs, the arbitrator will distribute each Party’s brief to the other Party. [***] Seven (7) calendar days in advance of the arbitration, the Parties shall submit and exchange response briefs of no more than [***]fifteen (15) pages. The Parties’ briefs may include or attach relevant exhibits in the form of documentary evidence, any other material voluntarily disclosed to the other Party in advance, or publicly available information. The Parties’ briefs may also include or attach demonstratives and/or expert opinion based on the permitted documentary evidence; (d) the arbitration shall consist of a [***] one (1) day hearing of not no longer than [***]eight (8) hours, such time to be split equally between the Parties, in the form of presentations by counsel and/or employees and officers of the Parties. No live witnesses shall be permitted except expert witnesses whose opinions were provided with the Parties’ briefs; and (e) no later than [***] ten (10) calendar days following the arbitration, the arbitrator shall issue his/his or her written decision. The arbitrator shall select one Party’s proposed positions as his or her decision, and shall not have the authority to render any substantive decision other than to select the proposal submitted by either GNE Licensee or ImmunocoreKineta. The arbitrator shall have no discretion or authority with respect to modifying the positions of the Parties. The arbitrator’s decision shall be final and binding on the Parties and may be enforced in any court of competent jurisdiction. Each Party shall bear its own costs and expenses in connection with such arbitration, and shall share equally the arbitrator’s fees and expenses.. Kineta-Genentech Exclusive Option and License Agreement 41

Baseball Arbitration. With respect This Section 13.10 (Baseball Arbitration) shall apply to any dispute disputes arising under Section 14.7.2(b)(i), which dispute is submitted 12.3(b) (Effect of Termination) to be resolved by Immunocore to baseball arbitration and in connection with the calculation of Net Sales for resolution as provided in Section 15.2, such Combination Products. Baseball arbitration will be conducted by one (1) arbitrator who shall be modified by as follows: Certain confidential information contained reasonably acceptable to the Parties and who shall be appointed in this document, marked by accordance with the JAMS Rules. If the Parties are unable to select an arbitrator within [***], has been omitted because it is both (i) not material and (ii) is then the type that the registrant treats as private or confidential. (a) within [***] following the final selection of the arbitrator, the Parties, arbitrator shall be appointed in consultation accordance with the arbitratorJAMS Rules. Any arbitrator chosen under this Section 13.10 (Baseball Arbitration) shall have significant legal or business experience in the pharmaceutical industry, and shall set not be a date for the arbitrationcurrent or former employee or director, which date shall be no more than or a current significant shareholder, of either Party or any of their respective Affiliates or any Sublicensee. Within [***] after the date selection of the arbitration arbitrator, each Party shall submit to the arbitrator and the other Party a proposed resolution of the dispute that is demanded under Section 15.2; the subject of the arbitration, together with any relevant evidence in support thereof (b) the arbitration shall be “baseball” style arbitration; accordingly, notwithstanding the Rules, and at least Proposals”). Within [***] prior after the delivery of the last Proposal to the arbitrationarbitrator, each Party shall provide may submit a written rebuttal of the other Party’s Proposal and may also amend and re-submit its original Proposal. The Parties and the arbitrator with shall meet within [***] after the Parties have submitted their final Proposals (and rebuttals, if any), at which time each Party shall have one (1) hour to argue in support of its Proposal. The Parties shall not have the right to call any witnesses in support of their arguments, nor compel any production of documents or take any discovery from the other Party in preparation for the meeting. Within [***] after such meeting, the arbitrator shall select one of the final Proposals so submitted by one of the Parties as the resolution of the dispute, but may not alter the terms of either final Proposal and may not resolve the dispute in a brief outlining its positionmanner other than by selection of one of the submitted final Proposals. Briefs may be no more than If a Party fails to submit a Proposal within the initial [***] time frame set forth above, the arbitrator shall select the Proposal of the other Party as the resolution of the dispute. [***], and must clearly provide and identify the Party’s position with respect to the disputed matter; (c) after receiving both Parties’ opening briefs, the arbitrator will distribute each Party’s brief to the other Party. [***] in advance of the arbitration, the Parties shall submit and exchange response briefs of no more than [***]. The Parties’ briefs may include or attach relevant exhibits in the form of documentary evidence, any other material voluntarily disclosed to the other Party in advance, or publicly available information. The Parties’ briefs may also include or attach demonstratives and/or expert opinion based on the permitted documentary evidence; (d) the arbitration shall consist of a [***] hearing of not longer than [***], such time to be split equally between the Parties, in the form of presentations by counsel and/or employees and officers of the Parties. No live witnesses shall be permitted except expert witnesses whose opinions were provided with the Parties’ briefs; and (e) no later than [***] following the arbitration, the arbitrator shall issue his/her written decision. The arbitrator shall select one Party’s proposed positions as his or her decision, and shall not have the authority to render any substantive decision other than to select the proposal submitted by either GNE or Immunocore. The arbitrator shall have no discretion or authority with respect to modifying the positions of the Parties. The arbitrator’s decision shall be final and binding on the Parties and may be enforced in any court of competent jurisdiction. Each Party shall bear its own costs and expenses in connection with such arbitration, and shall share equally the arbitrator’s fees and expenses.