Litigable Matter definition
Examples of Litigable Matter in a sentence
As applicable, Tactical Matters may be discussed by the applicable Committee, but Tactical Matters shall not be subject to the Committee decision-making or dispute resolution processes described in this Agreement, except to the extent they involve disputes relating to whether such decisions involve an Arbitrable Matter or a Litigable Matter.
Any Unresolved DO Matter that is a Litigable Matter shall, at the election of either Party, be decided by litigation or such other dispute resolution procedure as the Parties may agree, except that (a) any Unresolved DO Matter that is subject to Section 16.3 shall be resolved in accordance with the provisions of Section 16.3 and (b) any Arbitrable Matter shall, at the election of either Party, be resolved by expedited arbitration as provided in Section 16.4.
Subject to Section 2.1(c), Party Tactical Matters may be discussed by the applicable Committees, but Party Tactical Matters shall not be subject to the Committee decision-making or dispute resolution processes described in this Agreement, except to the extent they involve disputes relating to whether such decisions involve an Arbitrable Matter or a Litigable Matter.
Notwithstanding anything contained in Sections 16.1 and 16.2, any dispute regarding the validity, scope, enforceability, inventorship or ownership of intellectual property rights shall be a Litigable Matter and shall not be subject to arbitration pursuant to this Article 16, but instead shall be submitted by either Party to a court of † [*****] REPRESENTS CONFIDENTIAL PORTION WHICH HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
All Litigable Matters (including any Unresolved Committee Matter that is a Litigable Matter) shall, at the election of either Party, be decided by litigation in accordance with Section 14.5, provided that any Litigable Matter regarding the validity, scope, enforceability, inventorship or ownership of Intellectual Property Rights shall be submitted by either Party to a court of competent jurisdiction in the country in which such rights apply.
This Agreement shall be governed by and construed in accordance with the internal laws of the Province of Ontario , without regard to principles of conflict of laws and regardless of where actually executed, delivered or performed.