Deadlocks. If for any reason the JOC cannot resolve any matter properly referred to it, either Party may refer the matter to the Senior Executives for resolution. If after discussing the matter in good faith and attempting to find a mutually satisfactory resolution to the issue, the Senior Executives fail to come to consensus within five (5) Business Days of the date on which the matter is referred to the Senior Executives, the provisions of Sections 3.3(d), 3.4(b), and 3.5(b), as applicable, shall apply and resolutions reached through such provisions shall be binding on the Parties; provided that such decisions are made in good faith and are consistent with the provisions of this Agreement.
Appears in 3 contracts
Sources: Collaboration Agreement (Eyetech Pharmaceuticals Inc), Collaboration Agreement (Eyetech Pharmaceuticals Inc), Collaboration Agreement (Osi Pharmaceuticals Inc)