Commercial Disputes Sample Clauses

Commercial Disputes. In the event of any dispute arising out of or in connection with this Agreement (other than a dispute determined in accordance with Section 6.1(b) or a Technical Dispute), the parties shall first try to solve it amicably. In this regard, any party may send a notice of dispute to the other, and each party shall appoint, within 10 Business Days from receipt of such notice of dispute, a single representative having full power and authority to solve the dispute. The representatives so designated shall meet as necessary in order to solve such dispute. If these representatives fail to solve the matter within one month from their appointment, or if a party fails to appoint a representative within the 10 Business Day period set forth above, such dispute shall immediately be referred to the Chief Operating Officer or Executive Vice President, Operations (or such other officer as they may designate) of each party who will meet and discuss as necessary in order to try to solve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.1, their dispute will be referred to the arbitration in accordance with Section 13.15.
Commercial Disputes. The Parties agree that the arbitrator shall have no power or authority to make awards or issue orders of any kind except as expressly permitted by this Agreement, and in no event shall the arbitrator have the authority to make any award that provides for punitive or exemplary damages. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. The award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings shall be governed by the USAA.
Commercial Disputes. If any dispute arises out of this Agreement or any Product Agreement (other than a dispute under Section 6.1(b) or a Technical Dispute, as defined herein), the parties will first try to THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [***] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. resolve it amicably. In that regard, any party may send a notice of dispute to the other, and each party will appoint, within ten Business Days from receipt of the notice of dispute, a single representative having full power and authority to resolve the dispute. The representatives will meet as necessary in order to resolve the dispute. If the representatives fail to resolve the matter within one month from their appointment, or if a party fails to appoint a representative within the ten Business Day period set forth above, the dispute will immediately be referred to the Chief Operating Officer (or another officer as he/she may designate) of each party who will meet and discuss as necessary to try to resolve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.1, the dispute will be referred to a court of competent jurisdiction in accordance with Section 13.16.
Commercial Disputes. 11.1.5 Complaints; and
Commercial Disputes. The Parties will act in good faith and use commercially reasonable efforts to reach agreement with regard to any terms in this MOA that require the Parties to cooperate or to reach mutual agreement. If any dispute, controversy or disagreement (each a "Disagreement") relating to such terms arises that cannot be promptly resolved by the Parties, either party may submit the Disagreement to the Marketing Committee for resolution. If the Marketing Committee is unable to amicably resolve the Disagreement in three Business Days following submission of the Disagreement to the Marketing Committee, the Disagreement will be escalated on the Business Day following the last day of such three day period to the Management Committee for resolution in a period of three Business Days. If the Management Committee is unable to amicably resolve the Disagreement in the three Business Day period following submission of the Disagreement to the Management Committee, the Disagreement will be escalated to the President of AOLB and the Executive Director of Itau responsible for marketing on the Business Day following the last day of such three Business Day period for resolution in a period of three Business Days. If such persons are unable to amicably resolve the Disagreement in the three Business Day period following submission of the Disagreement, the Disagreement will be escalated to the President and Chief Executive Officer of AOLA and the Executive Director of Itau responsible for the business relationship with AOLB (presently Milton Monteiro) on the Business Day following the last day of such three Business Day period for resolution in a period of three Business Days.
Commercial Disputes. If a party fails to timely appoint a Facilitator or if, despite their reasonable efforts, the Facilitators have not resolved a Dispute (other than a Technical Dispute) within one (1) month from the date of the Dispute notice, the Dispute shall immediately be referred to the President of each party (or such other officer as he/she may designate), who will meet and discuss as necessary to try to resolve the Dispute. Should such officers fail to resolve the Dispute, either party may resort to a court of competent jurisdiction or any other method of binding dispute resolution on which the parties may agree. Halo Pharma • Confidential Confidential Information indicated by [***] has been omitted from this filing and filed separately with the Securities Exchange Commission.
Commercial Disputes any objection by the buyer to its payment obligations constitutes a commercial dispute, including, but not limited to, the buyer’s payment to the customer, the customer’s performance defects, etc;
Commercial Disputes. If any dispute arises out of this Agreement or any Product Agreement (other than a dispute under Section 6.1(b) or a Technical Dispute, as defined herein), the Parties will first try in good faith to resolve it in meetings of the Supply and Quality Committee. If the Supply and Quality Committee fails to resolve the matter within [* * *], the dispute will immediately be referred to the Chief Operating Officer (or another officer as he/she may designate) of each Party who will meet and discuss as necessary to try to resolve the dispute amicably. Should the Parties fail to reach a resolution under this Section 12.1, the dispute will be referred to arbitration in accordance with Section 13.18.
Commercial Disputes. The Parties agree that the arbitrator shall have no power or authority to make any award that provides for punitive or exemplary damages. The arbitrator's decision shall be final and binding. The award may be confirmed and enforced in any court of competent jurisdiction. All post award proceedings shall be governed by the USAA.