Procedures Mandatory. The parties agree that any dispute arising out of or relating to this Agreement shall be resolved solely by means of the procedures set forth in this Article, and that such procedures constitute legally binding obligations that are an essential provision of this Agreement; provided, however, that all procedures and deadlines specified in this Article may be modified by written agreement of the parties. If either party fails to observe the procedures of this Article, as modified by their written agreement, the other party may bring an action for specific performance in any court of competent jurisdiction.
Appears in 40 contracts
Sources: Non Exclusive License Agreement (RXi Pharmaceuticals Corp), Non Exclusive License Agreement (RXi Pharmaceuticals Corp), Exclusive License Agreement (Cytrx Corp)
Procedures Mandatory. The parties agree that any dispute arising out of or relating to this Agreement shall be resolved solely by means of the procedures set forth in this Article, and that such procedures constitute legally binding obligations that are an essential provision of this Agreement; provided, however, that all procedures and deadlines specified in this Article may be modified by written agreement of the parties. If either party fails to observe the procedures of this Article, as modified by their written agreement, the other party may bring an action for the specific performance in any court of competent compentent jurisdiction.
Appears in 3 contracts
Sources: License Agreement (Signal Pharmaceuticals Inc), License Agreement (Signal Pharmaceuticals Inc), License Agreement (Signal Pharmaceuticals Inc)
Procedures Mandatory. The Except as otherwise provided in Subsection 2.2.6., the parties agree that any dispute arising out of or relating to this Agreement shall be resolved solely by means of the procedures set forth in this Article, and that such procedures constitute legally binding obligations that are an essential provision of this Agreement; provided, however, that all procedures and deadlines specified in this Article may be modified by written agreement of the parties. If either party fails to observe the procedures of this Article, as modified by their written agreement, the other party may bring an action for specific performance in any court of competent jurisdiction.
Appears in 2 contracts
Sources: Research Collaboration and License Agreement (Arqule Inc), Research Collaboration and License Agreement (Acadia Pharmaceuticals Inc)
Procedures Mandatory. The parties agree that any dispute arising out of or relating to this Agreement shall be resolved solely by means of the procedures set forth in this ArticleArticle 13, and that such procedures constitute legally binding obligations that are an essential provision of this Agreement; provided, however, that all procedures and deadlines specified in this Article 13 may be modified by written agreement of the parties. If either party fails to observe the procedures of this ArticleArticle 13, as modified by their written agreement, the other party may bring an action for specific performance in any court of competent jurisdiction.
Appears in 2 contracts
Sources: Collaboration and License Agreement (Arqule Inc), Collaboration and License Agreement (Arqule Inc)
Procedures Mandatory. The Except as otherwise provided in Subsection 2.2.6., the parties agree that any dispute arising out of or relating to this Agreement shall be resolved solely by means of the procedures set forth in this Article, and that such procedures constitute legally binding obligations that are an essential provision of this Agreement; provided, however, that all procedures and deadlines specified in this Article may be modified by written agreement of the parties. If either party fails to observe the procedures of this Article, as modified by their written agreement, ***** Confidential Treatment has been requested for the other party may bring an action for specific performance in any court of competent jurisdictionmarked portion.
Appears in 1 contract
Sources: Research Collaboration and License Agreement (Arqule Inc)