Decision-Making Authority. BMS shall have the sole decision-making authority for the operations and Commercialization strategies and decisions, including funding and resourcing, related to the Commercialization of Products; provided that such decisions are not inconsistent with the express terms and conditions of this Agreement, including BMS’ diligence obligations set forth in Section 5.1.
Decision-Making Authority. The JRC shall decide matters within its responsibilities set forth in Section 6.3.
Decision-Making Authority. The Joint Research Committee will attempt to make decisions by consensus. If the JRC cannot reach consensus, then Genentech shall have final decision making authority; except for the following, which require agreement of the Parties: [*****].
Decision-Making Authority. The JCC shall make its decisions by consensus, with each Party’s representatives collectively having one vote. If the JCC is unable to reach consensus regarding a matter before it within fifteen (15) days, the issue shall be presented to the Parties’ chief executive officers, for attempted resolution by good faith negotiations during a period of thirty (30) days. In the event that the chief executive officers are unable to reach a final determination within such thirty (30) day period, then Acerus shall have the final decision making authority over such disputed matters; provided that (i) Acerus shall reasonably consider the input of Aytu’s members to the JCC with respect to such Commercial Pricing Strategy and the Master Production Plan; and (ii) subject to Applicable Law, if the matter relates specifically to matters affecting the Aytu Sales Channel, Aytu’s prior written approval shall be required, with such approval not to be unreasonably withheld or delayed. Notwithstanding anything to the contrary herein, any dispute regarding (a) the level of monetary spending required by the approved Commercialization Plan or (b) whether Acerus reasonably considered Aytu’s input with respect to the Commercialization Plan or the Commercial Pricing Strategy shall be resolved by the binding Arbitration process set forth in Section 15.11 herein. For clarity, each Party shall have final decision-making authority over salaries, hiring and firing decisions for its Sales Representatives, subject to the JCC requirements for qualifications for Sales Representatives. For further clarity, and without limitation to any of the foregoing, Aytu agrees to implement the decisions of the JCC such that those items from the definition of Net Revenue that are subject to the authority of the JCC do not deviate from what has been approved by the JCC (other than for any non-discretionary price adjustments taken by customers, provided that Aytu promptly notifies the JCC of any such adjustments).
Decision-Making Authority. If the Executive Officers are unable to resolve any matter referred to them by the chairperson of the JSC within [***] Business Days after the matter is referred to them, then, subject to Section 2.2(g):
Decision-Making Authority. It is the mutual responsibility of the Board of Education and the Association that their representatives shall be empowered with necessary authority to make and consider proposals, counterproposals and tentative agreements.
Decision-Making Authority. The JSC shall decide matters within its responsibilities as set forth in Section 7.4.
Decision-Making Authority. The Manager, and, subject to Manager’s right to delegate in writing, only the Manager, shall have the right, power and authority to manage, direct and control all of the business and affairs of the Company, to transact business on behalf of the Company, to act as agent for the Company, to sign for the Company or on behalf of the Company or otherwise to bind the Company. The Manager shall have this authority to the fullest extent permitted by law. Family Dollar Stores of Texas, LLC has been Company’s initial and sole Manager and shall continue as Manager of the Company.
Decision-Making Authority. The Division shall have final decision-making authority with regard to the adequacy of nutrient offsets and allocations. The Soil and Water Conservation Commission shall have final decision- making authority with regard to agricultural BMP implementation. All other designated nonpoint source management agencies shall retain their responsibilities within the basin. This provision does not affect any appeal rights of the signatory parties with regard to such decisions.
Decision-Making Authority. This factor measures the assigned authority to independently make decisions, the impact of decisions made, and the degree of care required to prevent injury or harm.
