Clause 8. 1.1 does not apply with respect to a refusal, limitation, specification or preference based on a legitimate occupational requirement.
Clause 8. 2. Clause 8.2 of the Agreement is hereby amended by adding the following sentence immediately after the end of Clause 8.2: “University represents and warrants that (a) it solely owns the patent applications set forth in Schedule 2 and has obtained all rights from the inventors of the inventions claimed in such patent applications, (b) it has the right to grant the licence to the Licensee as granted under the Agreement, and (c) it has not granted any rights under the patent applications set forth in Schedule 2 to a third party except rights in the prenatal field and an internal research licence (with no commercialization rights) to [***], as identified in Clause 2.4.3”.
Clause 8. 12.1 above shall not apply:
Clause 8. 03 Where either party requests that any matter be submitted to arbitration and before an "Arbitration Board", it shall make such request in writing addressed to the other party of this Agreement, and at the same time nominate an appointee, and provide the other party with the name, address and telephone number of its appointee. Within five (5) days thereafter, the other party shall nominate an appointee, and provide the other party with the name, address and telephone number of its appointee, provided, however, that if such party fails to nominate an appointee as herein required, the Labour Management Arbitration Commission for the Province of Ontario shall have power to effect such appointment upon the application thereto by the party invoking Arbitration Procedure. The two appointees so nominated shall confer within five (5) days and shall attempt to select by agreement a Chairman of the Arbitration Board. If they are unable to agree upon such a Chairman within such period, they shall then request the Labour Management Arbitration Commission for the Province of Ontario to select an impartial chairman. Clause 8.04 No person may serve on a Board of Arbitration who has been involved in an attempt to negotiate or settle the grievance. Clause 8.05 This Agreement shall not be altered, modified or amended by a sole arbitrator or an Arbitration Board. Clause 8.06 The proceedings of the sole arbitrator or Arbitration Board will be expedited by the parties hereto, and the decision of the sole arbitrator or the chairman of the arbitration Board will be final and binding upon the parties hereto and the employee or employees concerned. Clause 8.07 Each of the parties hereto will bear the expenses of the appointee representing it and the parties will jointly bear the expenses of the chairman of the Arbitration Board or the sole arbitrator.