Common use of Technical Dispute Resolution Clause in Contracts

Technical Dispute Resolution. If a dispute arises (other than disputes about the matters set out in Sections 6.2(b) and 12.1) between the Parties that is exclusively related to technical aspects of the manufacturing, packaging, labeling, quality control testing, handling, storage or other activities under this Agreement (a “Technical Dispute”), the Parties will make all reasonable efforts to resolve the dispute by amicable negotiations. In this regard, senior representatives of each Party will, as soon as practicable and in any event no later than ten (10) Business Days after a written request from either Party to the other, meet in good faith to resolve any Technical Dispute. If, despite this meeting, the Parties are unable to resolve a Technical Dispute within a reasonable time, and in any event within thirty (30) Business Days of this written request, the Technical Dispute will, at the request of either Party, be referred for determination to an expert in accordance with Schedule D. If the Parties cannot agree whether a dispute is a Technical Dispute, Section 12.1 will prevail. For greater certainty, the Parties agree that the release of the Products for sale or distribution under the applicable marketing approval for the Products will not by itself indicate compliance by NPI with its obligations for the Manufacturing Services and further that nothing in this Agreement (including Schedule D) will remove or limit the authority of the relevant qualified person (as specified by the Quality Agreement) to determine whether the Products are to be released for sale or distribution.

Technical Dispute Resolution. If a dispute arises (other than disputes about the matters set out in Sections 6.2(b) and under Section 12.1) between the Parties that is exclusively related to technical aspects of the manufacturing, packaging, labelinglabelling, quality control testing, handling, storage storage, or other activities under this Agreement (a “Technical Dispute”), the Parties will make all reasonable efforts to resolve the dispute by amicable negotiationsgood faith negotiations in the Supply and Quality Committee. In this that regard, senior representatives of each Party the Supply and Quality Committee will, as soon as practicable possible and in any event no later than ten (10) Business Days [* * *] after a written request from either Party to the other, meet in good faith to resolve any Technical Dispute. If, despite this meeting, the Parties are unable to resolve a Technical Dispute within a reasonable time, and in any event within thirty (30) Business Days [* * *] of this the written request, the Technical Dispute will, at the request of either Party, be referred for determination to an expert in accordance with Schedule D. Exhibit A. If the Parties cannot agree whether using good faith efforts that a dispute is a Technical Dispute, Section 12.1 will prevail. For greater certainty, the Parties agree that the release of the Products for sale or distribution under the applicable marketing approval for the Products will not by itself indicate compliance by NPI Patheon with its obligations for the Manufacturing Services and further that nothing in this Agreement (including Schedule DExhibit A) will remove or limit the authority of the relevant qualified person (as specified by the Quality Agreement) to determine whether the Products are to be released for sale or distribution.