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)(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 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