Arbitrable Matter definition

Arbitrable Matter means any dispute concerning the validity, interpretation or construction of, compliance with, or breach of (other than a breach of Sections 12.1, 12.2, 15.1, 15.2 and 15.3), this Agreement, including any dispute with respect to whether either Party is entitled to terminate this Agreement, in whole or as to any country. For clarity, Arbitrable Matters do not include Litigable Matters.

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Arbitrable Matter means, subject to Sections 3.4 and 3.7, any dispute or claim concerning the validity, interpretation or construction of, compliance with, inducement of, or breach of, this Agreement, any dispute with respect to whether either Party is entitled to terminate this Agreement, and any dispute concerning a Party’s indemnification obligations hereunder (including allocation of liability or Losses between the Parties with respect to an indemnification matter set forth in Article 16 and excluding only Litigable Matters).

Arbitrable Matter has the meaning set forth in Section 13.13.2.

Examples of Arbitrable Matter in a sentence

• Any Arbitrable Matter that is not resolved pursuant to Section 16.1, shall be settled by binding arbitration to be conducted as set forth below in this Section 16.2.

• Except as provided in Section 7.3(c) with respect to an Arbitrable Matter or Section 10.13 with respect to a Specified Dispute, any Dispute not resolved pursuant to Section 7.2 shall, at the written request of any Party (a “Mediation Request”), which Mediation Request shall be given to the other Party in the manner set forth in Section 10.5, be submitted to binding mediation.

• If the parties are unable to agree upon a single arbitrator, each of the parties to the Arbitrable Matter shall select an arbitrator, with a third (3rd) arbitrator selected by the arbitrators chosen by the parties.

• An Umpire shall resign if the Umpire learns of information at any time that would prevent that Umpire from issuing an Umpire’s Certificate, including if an Arbitrable Matter happens to be pending before that Umpire, unless the parties consent to the Umpire’s completing the resolution of that Arbitrable Matter or otherwise remaining in his or her position.

• Any Arbitrable Matter shall be subject to arbitration, regardless of whether it arose before or after your receipt of this notice.

More Definitions of Arbitrable Matter

Arbitrable Matter means any dispute concerning the validity, interpretation or construction of, failure to comply with, or breach of, this Agreement, including: (a) any dispute concerning whether the exercise by a Party of its final decision-making authority complies with this Agreement or whether a matter is within such final decision-making authority; (b) any dispute over whether a matter or decision by any Subcommittee or working group is within the scope of the decision-making responsibility of such Subcommittee or working group; (c) any dispute as to whether a tactical or operational decision made by a Party is (x) within the scope of or consistent with an approved plan or with any delegation of responsibility to such Party by the applicable Subcommittee or working group, or (y) in compliance in all material respects with applicable Law; (d) any dispute with respect to whether a Party is entitled to terminate this Agreement; (e) any determination of negligence, gross negligence, recklessness and willful misconduct under this Agreement; and (f) Arbitrable Matters also include any provision of this Agreement that expressly provides for arbitration under this Section 13.13.

Arbitrable Matter shall have the meaning provided in Section 15.1.

Arbitrable Matter means any dispute concerning the validity, interpretation or construction of, compliance with, or breach of (other than a breach of Sections 12.1, 12.2, 15.1, 15.2 and 15.3), this Agreement, including without limitation: (i) any dispute with respect to whether either Party [***], pursuant to Section [***]; (ii) any dispute with respect to whether either Alder [***], pursuant to Section [***]; (iii) any dispute or determination regarding a possible [***] in accordance with Section [***]; (iv) any determination as to whether a product is [***] and/or whether [***]; and (v) any determination as to whether [***]; provided, that Arbitrable Matters shall not include [***].

Arbitrable Matter means (a) any Unresolved DO Matter concerning whether the exercise by BMS of its final decision-making authority pursuant to Section 2.7.3(e) or Section 16.1.5 complies with such sections or whether a matter is within such final decision making-authority, (b) any dispute as to whether Medarex provided a Good-Faith R&D Budget in bad faith pursuant to Section 3.8.5, (c) any dispute as to whether a Party is in material breach of any obligation as Lead Manufacturing Party under this Agreement as set forth in Section 14.2.4, and (d) any dispute as to whether a breach of a material obligation or a breach of this Agreement is a material breach thereof for purposes of Section 14.5 (but not for purposes of any other Sections of this Agreement).

Arbitrable Matter is defined in Section 10.9.

Arbitrable Matter means any dispute concerning the validity, interpretation or construction of, compliance with, or breach of (other than a breach of Sections 12.1, 12.2, 15.1, 15.2 and 15.3), this Agreement, including without limitation: (i) any dispute with respect to whether either Party is entitled to terminate this Agreement, in whole or as to any country, pursuant to Section 13.3; (ii) any dispute with respect to whether either Alder is entitled to terminate this Agreement, in whole or as to any country, pursuant to Section 13.4; (iii) any dispute or determination regarding a possible Adverse Impact in accordance with Section 16.1(f); (iv) any determination as to whether a product is a Competing Product and/or whether a Party is in violation of Article 11; and (v) any determination as to whether a pending claim is a Valid Claim; provided, that Arbitrable Matters shall not include Litigable Matters.

Arbitrable Matter has the meaning set forth in Subsection 7.15(a) of this Agreement.