Common use of Procedures; Awards Clause in Contracts

Procedures; Awards. Each Party agrees to use reasonable efforts to make all of its current employees available, if reasonably needed, and agrees that the arbitrators may deem any party as “necessary.” The arbitrators shall be instructed and required to render a written, binding, non-appealable resolution and award on each issue that clearly states the basis upon which such resolution and award is made. The written resolution and award shall be delivered to the Parties as expeditiously as possible, but in no event more than [***] days after conclusion of the hearing, unless otherwise agreed by the Parties. Judgment upon such award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such an award and order for enforcement. Each Party agrees that, notwithstanding any provision of applicable law or of this Agreement, it will not request, and the arbitrators shall have no authority to award any damages for which a Party may not be liable to the other Party under Section 13.6.

Appears in 2 contracts

Sources: Collaboration Agreement (BioNTech SE), Collaboration Agreement (BioNTech SE)

Procedures; Awards. Each Party agrees to use reasonable efforts to make all of its current employees availableavailable to the arbitrators, if reasonably needed, and agrees that the arbitrators may deem determine any party person as necessary.” . The arbitrators shall be instructed and required to render a written, binding, non-appealable resolution and award on each issue that clearly states the basis upon which such resolution and award is made. The written resolution and award shall be delivered to the Parties as expeditiously as possible, but in no event more than [***] days after conclusion of the hearing, unless otherwise agreed by the Parties. Judgment upon such award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such an award and order for enforcement. Each Party agrees that, notwithstanding any provision of applicable law Applicable Law or of this Agreement, it will not request, and the arbitrators shall 132265684 v23 Page 50 have no authority to award award, punitive or exemplary damages against any damages for which a Party may not Party. All information disclosed and generated in the course of such arbitration proceeding shall be liable to treated as confidential information by each of the other Party under Section 13.6Parties.

Appears in 1 contract

Sources: Co Development and Co Commercialisation Agreement (Bellicum Pharmaceuticals, Inc)