Common use of Commercial Disputes Clause in Contracts

Commercial Disputes. In the event of any dispute arising out of or in connection with this Agreement (other than a dispute determined in accordance with Section 6.1(b) or a Technical Dispute), the parties shall first try to solve it amicably. In this regard, any party may send a notice of dispute to the other, and each party shall appoint, within 10 Business Days from receipt of such notice of dispute, a single representative having full power and authority to solve the dispute. The representatives so designated shall meet as necessary in order to solve such dispute. If these representatives fail to solve the matter within one month from their appointment, or if a party fails to appoint a representative within the 10 Business Day period set forth above, such dispute shall immediately be referred to the Chief Operating Officer or Executive Vice President, Operations (or such other officer as they may designate) of each party who will meet and discuss as necessary in order to try to solve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.1, their dispute will be referred to the arbitration in accordance with Section 13.15.

Appears in 5 contracts

Samples: Manufacturing Services Agreement, Manufacturing Services Agreement (Reliant Pharmaceuticals, Inc.), Manufacturing Services Agreement (Reliant Pharmaceuticals, Inc.)

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Commercial Disputes. In the event of If any dispute arising arises out of or in connection with this Agreement or any Product Agreement (other than a dispute determined in accordance with under Section 6.1(b) or a Technical Dispute, as defined herein), the parties shall will first try to solve resolve it amicably. In this that regard, any party may send a notice of dispute to the other, and each party shall will appoint, within 10 [*] Business Days from receipt of such the notice of dispute, a single representative having full power and authority to solve resolve the dispute. The representatives so designated shall will meet as necessary in order to solve such resolve the dispute. If these the representatives fail to solve resolve the matter within one month [*] from their appointment, or if a party fails to appoint a representative within the 10 [*] Business Day period set forth above, such the dispute shall will immediately be referred to the Chief Operating Officer or Executive Vice President, Operations President (or such other another officer as they he/she may designate) of each party who will meet and discuss as necessary in order to try to solve resolve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.1, their the dispute will be referred to the arbitration a court of competent jurisdiction in accordance with Section 13.1513.16.

Appears in 2 contracts

Samples: Services Agreement, Product Agreement (Jazz Pharmaceuticals PLC)

Commercial Disputes. In the event of any dispute arising out of or in connection with this Agreement (other than a dispute determined in accordance with Section 6.1(b) or a Technical Dispute), the parties shall first try to solve it amicably. In this regard, any party may send a notice of dispute to the other, and each party shall appoint, within 10 Business Days from receipt of such notice of dispute, a single representative having full power and authority to solve the dispute. The representatives so designated shall meet as necessary in order to solve such dispute. If these representatives fail to solve the matter within one month from their appointment, or if a party fails to appoint a representative within the 10 Business Day period set forth above, such dispute shall immediately be referred to the Chief Operating Officer or Executive Vice President, Operations (or such other officer as they may designate) of each party who will meet and discuss as necessary in order to try to solve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.1, their dispute will be referred to the arbitration a court of competent jurisdiction in accordance with Section 13.15.

Appears in 2 contracts

Samples: Manufacturing Services Agreement (Critical Therapeutics Inc), Manufacturing Services Agreement (Critical Therapeutics Inc)

Commercial Disputes. In the event of If any dispute arising arises out of this Agreement or in connection with this any Product Agreement (other than a dispute determined in accordance with under Section 6.1(b) or a Technical Dispute, as defined herein), the parties shall will first try to solve resolve it amicably. In this that regard, any party may send a notice of dispute to the other, and each party shall will appoint, within 10 ten Business Days from receipt of such the notice of dispute, a single representative having full power and authority to solve resolve the dispute. The representatives so designated shall will meet as necessary in order to solve such resolve the dispute. If these the representatives fail to solve resolve the matter within one month from their appointment, or if a party fails to appoint a representative within the 10 ten Business Day period set forth above, such the dispute shall will immediately be referred to the Chief Executive Officer (in the case or Client) or to the Chief Operating Officer (in the case of Patheon), or Executive Vice President, Operations (or such other another officer as they he/she may designate) , of each party who will meet and discuss as necessary in order to try to solve resolve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.1, their the dispute will be referred to the arbitration a court of competent jurisdiction in accordance with Section 13.1513.17.

Appears in 2 contracts

Samples: Master Manufacturing Services Agreement (Akebia Therapeutics, Inc.), Product Agreement (Keryx Biopharmaceuticals Inc)

Commercial Disputes. In the event of If any dispute arising arises out of or in connection with this Agreement (other than a dispute determined in accordance with under Section 6.1(b) or a Technical Dispute, as defined herein), the parties shall will first try to solve resolve it amicably. In this that regard, any party may send a notice of dispute to the other, and each party shall will appoint, within 10 ten Business Days from receipt of such the notice of dispute, a single representative having full power and authority to solve the dispute. The representatives so designated shall will meet as necessary in order to solve such resolve the dispute. If these the representatives fail to solve resolve the matter within one month from their appointment, or if a party fails to appoint a representative within the 10 ten Business Day period set forth above, such the dispute shall will immediately be referred to the Chief Operating Officer, or in the absence of such officer, the Chief Executive Officer or Executive Vice President, Operations (or such other another officer as they he/she may designate) of each party who will meet and discuss as necessary in order to try to solve resolve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.1, their the dispute will be referred to the arbitration a court of competent jurisdiction in accordance with Section 13.15.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Orexigen Therapeutics, Inc.)

Commercial Disputes. In the event of If any dispute arising arises out of this Agreement or in connection with this any Product Agreement (other than a dispute determined in accordance with under Section 6.1(b) or a Technical Dispute, as defined herein), the parties shall will first try to solve resolve it amicably. In this that regard, any party may send a notice of dispute to the other, and each party shall will appoint, within 10 [***] Business Days from receipt of such the notice of dispute, a single representative having full power and authority to solve resolve the dispute. The representatives so designated shall will meet as necessary in order to solve such resolve the dispute. If these the representatives fail to solve resolve the matter within one month [***] from their appointment, or if a party fails to appoint a representative within the 10 [***] Business Master Manufacturing Services Agreement Day period set forth above, such the dispute shall will immediately be referred to the Chief Operating Officer or Executive Vice President, Operations (or such other another officer as they he/she may designate) of each party who will meet and discuss as necessary in order to try to solve resolve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.1, their the dispute will be referred to the arbitration a court of competent jurisdiction in accordance with Section 13.1513.16.

Appears in 1 contract

Samples: Product Agreement (Horizon Therapeutics Public LTD Co)

Commercial Disputes. In the event of any dispute arising out of or in connection with this Agreement (other than a dispute determined in accordance with Section 6.1(b) or a Technical Dispute), the parties shall first try to solve it amicably. In this regard, any party may send a notice of dispute to the other, and each party shall appoint, within 10 Business Days [***] from receipt of such notice of dispute, a single representative having full power and authority to solve the dispute. The representatives so designated shall meet as necessary in order to solve such dispute. If these representatives fail to solve the matter within one month from their appointment, or if a party fails to appoint a representative within the 10 Business Day period [***] set forth above, such dispute shall immediately be referred to the Chief Operating Officer or Executive Vice President, Operations (or such other officer as they such representative may designate) of each party who will meet and discuss as necessary in order to try to solve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.1, their dispute will be referred to the arbitration a court of competent jurisdiction in accordance with Section 13.15.

Appears in 1 contract

Samples: Manufacturing Services Agreement (New River Pharmaceuticals Inc)

Commercial Disputes. In the event of any dispute arising out of or in connection with this Agreement (other than a dispute determined in accordance with Section 6.1(b) or a Technical Dispute), the parties Parties shall first try to solve it amicably. In this regard, any party either Party may send a notice of dispute to the other, and each party Party shall appoint, within 10 Business [**] Days from receipt of such notice of dispute, a single representative having full power and authority to solve handle the dispute. The representatives so designated shall meet confer as necessary in order to solve such dispute. If these representatives fail to solve the matter within one month [**] from their appointment, or if a party Party fails to appoint a representative within the 10 Business [**] Day period set forth above, such dispute shall immediately be referred to the Chief Operating Officer or Executive Vice President, Operations (or such other officer as they he/she may designate) of each party Party who will meet and discuss as necessary in order to try to solve the dispute amicably. Should the parties Parties fail to reach a resolution under this Section 12.1, their the dispute will be referred to the arbitration a court of competent jurisdiction in accordance with Section 13.15.

Appears in 1 contract

Samples: Contract Manufacturing Agreement (Medicines Co /De)

Commercial Disputes. In the event of any dispute arising out of or in connection with this Agreement (other than a dispute determined in accordance with Section 6.1(b5.8(b) or a Technical Dispute), the parties shall first try to solve it amicably. In this regard, any party may send a notice of dispute to the other, and each party shall appoint, within 10 [**] Business Days from receipt of such notice of dispute, a single representative having full power and authority to solve the dispute. The representatives so designated shall meet as necessary in order to solve such dispute. If these representatives fail to solve the matter within one (1) month from their appointment, or if a party fails to appoint a representative within the 10 [**] Business Day period set forth above, such dispute shall immediately be referred to the Chief Operating Officer or Executive Vice President, Operations (or such other officer as they may designate) of each party who will meet and discuss as necessary in order to try to solve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.111.1, their dispute will be referred to the arbitration in accordance with Section 13.15a court of competent jurisdiction.

Appears in 1 contract

Samples: Quality Agreement (Sepracor Inc /De/)

Commercial Disputes. In the event of any dispute arising out of or in connection with this Agreement or any Product Agreement (other than a dispute determined in accordance with Section 6.1(b) or a Technical Dispute), the parties shall first try to solve it amicably. In this regard, any party may send a notice of dispute to the other, and each party shall appoint, within 10 ten (10) Business Days from receipt of such notice of dispute, a single representative having full power and authority to solve the dispute. The representatives so designated shall meet as necessary in order to solve such dispute. If these representatives fail to solve the matter within one month from their appointment, or if a party fails to appoint a representative within the 10 ten (10) Business Day period set forth above, such dispute shall immediately be referred to the Chief Operating Officer or Executive Vice President, Operations (or such other officer as they he/she may designate) of each party who will meet and discuss as necessary in order to try to solve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.1, their the dispute will be referred to the arbitration a court of competent jurisdiction in accordance with Section 13.1513.16.

Appears in 1 contract

Samples: Product Agreement (Avadel Pharmaceuticals PLC)

Commercial Disputes. In the event of any dispute arising out of or in connection with this Agreement (other than a dispute determined in accordance with Section 6.1(b5.7(b) or a Technical Dispute), the parties shall first try to solve it amicably. In this regard, any party may send a notice of dispute to the other, and each party shall appoint, within 10 Business Days from receipt of such notice of dispute, a single representative having full power and authority to solve the dispute. The representatives so designated shall meet as necessary in order to solve such dispute. If these representatives fail to solve the matter within one month from their appointment, or if a party fails to appoint a representative within the 10 Business Day period set forth above, such dispute shall immediately be referred to the Chief Operating Officer or Executive Vice President, Operations (or such other officer as they may designate) of each party who will meet and discuss as necessary in order to try to solve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.111.1, their dispute will be referred to the arbitration a court of competent jurisdiction in accordance with Section 13.1512.12.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Cephalon Inc)

Commercial Disputes. In the event of any dispute arising out of or in connection with this Agreement (other than a dispute determined in accordance with Section 6.1(b) or a Technical Dispute), the parties shall first try to solve it amicably. In this regard, any party may send a notice of dispute to the other, and each party shall appoint, within 10 Business Days from receipt of such notice of dispute, a single representative having full power and authority to solve the dispute. The representatives so designated shall meet as necessary in order to solve such dispute. If these representatives fail to solve the matter within one month from their appointment, or if a party fails to appoint a representative within the 10 Business Day period set forth above, such dispute shall immediately be referred to the Chief Operating Officer or Executive Vice President, Operations (or such other officer as they may designate) of each party who will meet and discuss as necessary in order to try to solve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.1, their dispute will be referred to the arbitration in accordance with Section 13.15.12.3

Appears in 1 contract

Samples: Manufacturing Services Agreement (Avanir Pharmaceuticals)

Commercial Disputes. In the event of any dispute arising out of or in connection with this Agreement (other than a dispute determined in accordance with Section 6.1(b5.6(b) or a Technical Dispute), the parties shall first try to solve it amicably. In this regard, any party may send a notice of dispute to the other, and each party shall appoint, within 10 ten (10) Business Days from receipt of such notice of dispute, a single representative having full power and authority to solve the dispute. The representatives so designated shall meet as necessary in order to solve such dispute. If these representatives fail to solve the matter within one month from their appointment, or if a party fails to appoint a representative within the 10 ten (10) Business Day period set forth above, such dispute shall immediately be referred to the Chief Operating Officer or Executive Vice President, Operations (or such other officer as they may designate) of each party who will meet and discuss as necessary in order to try to solve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.111.1, their dispute will be referred to the arbitration a court of competent jurisdiction in accordance with Section 13.1512.13.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Axcan Intermediate Holdings Inc.)

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Commercial Disputes. In the event of If any dispute arising arises out of this Agreement or in connection with this any Product Agreement (other than a dispute determined in accordance with under Section 6.1(b) or a Technical Dispute, as defined herein), the parties shall will first try to solve resolve it amicably. In this that regard, any party may send a notice of dispute to the other, and each party shall will appoint, within 10 ten Business Days from receipt of such the notice of dispute, a single representative having full power and authority to solve resolve the dispute. The representatives so designated shall will meet as necessary in order to solve such resolve the dispute. If these the representatives fail to solve resolve the matter within one month from their appointment, or if a party fails to appoint a representative within the 10 ten Business Day period set forth above, such the dispute shall will immediately be referred to the Chief Operating Officer or Executive Vice President, Operations (or such other another officer as they he/she may designate) of each party who will meet and discuss as necessary in order to try to solve resolve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.1, their the dispute will may be referred by either party to the arbitration a court of competent jurisdiction in accordance with Section 13.1513.17.

Appears in 1 contract

Samples: Product Agreement (TESARO, Inc.)

Commercial Disputes. In the event of any dispute arising out of or in connection with this Agreement (other than a dispute determined in accordance with Section 6.1(b) or a Technical Dispute), the parties shall first try to solve it amicably. In this regard, any party may send a notice of dispute to the other, and each party shall appoint, within 10 Business Days from receipt of such notice of dispute, a single representative having full power and authority to solve the dispute. The representatives so designated shall meet as necessary in order to solve such dispute. If these representatives fail to solve the matter within one month from their appointment, or if a party fails to appoint a representative within the 10 Business Day period set forth above, such dispute shall immediately be referred to the Chief Operating Officer or Executive Vice President, Operations (or such other officer as they may designate) of each party who will meet and discuss as necessary in order to try to solve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.1, their dispute will be referred to the arbitration a court of competent jurisdiction in accordance with Section 13.15.. 12.2

Appears in 1 contract

Samples: Manufacturing Services Agreement

Commercial Disputes. In the event of any dispute arising out of or in connection with this Agreement (other than a dispute determined in accordance with Section 6.1(b) or a Technical Dispute), the parties Parties shall first try to solve it amicably. In this regard, any party either Party may send a notice of dispute to the other, and each party Party shall appoint, within 10 ten (10) Business Days from receipt of such notice of dispute, a single representative having full power and authority to solve handle the dispute. The representatives so designated shall meet confer as necessary in order to solve such dispute. If these representatives fail to solve the matter within one month from their appointment, or if a party Party fails to appoint a representative within the 10 ten (10) Business Day period set forth above, such dispute shall immediately be referred to the Chief Operating Officer or Executive Vice President, Operations (or such other officer as they he/she may designate) of each party Party who will meet and discuss as necessary in order to try to solve the dispute amicably. Should the parties Parties fail to reach a resolution under this Section 12.1, their the dispute will be referred to the arbitration a court of competent jurisdiction in accordance with Section 13.1513.16.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Medicines Co /De)

Commercial Disputes. In the event of any dispute arising out of or in connection with this Agreement (other than a dispute determined in accordance with Section 6.1(b) or a Technical Dispute), the parties shall first try to solve it amicably. In this regard, any party may send a notice of dispute to the other, and each party shall appoint, within 10 Business Days from receipt of such notice of dispute, a single representative having full power and authority to solve the dispute. The representatives so designated shall meet as necessary in order to solve such dispute. If these representatives fail to solve the matter within one month from their appointment, or if a party fails to appoint a representative within the 10 Business Day period set forth above, such dispute shall immediately be referred to the Chief Operating Officer or Executive Vice President, Operations (or such other officer of comparable or greater authority as they may designate) of each party who will meet and discuss as necessary in order to try to solve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.1, their dispute will be referred to the arbitration a court of competent jurisdiction in accordance with Section 13.1513.16.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Somaxon Pharmaceuticals, Inc.)

Commercial Disputes. In the event of Master Manufacturing Services Agreement If any dispute arising arises out of this Agreement or in connection with this any Product Agreement (other than a dispute determined in accordance with under Section 6.1(b) or a Technical Dispute, as defined herein), the parties shall will first try to solve resolve it amicably. In this that regard, any party may send a notice of dispute to the other, and each party shall will appoint, within 10 ten Business Days from receipt of such the notice of dispute, a single representative having full power and authority to solve resolve the dispute. The representatives so designated shall will meet as necessary in order to solve such resolve the dispute. If these the representatives fail to solve resolve the matter within one month from their appointment, or if a party fails to appoint a representative within the 10 ten Business Day period set forth above, such the dispute shall will immediately be referred to the Chief Operating Officer or Executive Vice President, Operations (or such other another officer as they he/she may designate) of each party who will meet and discuss as necessary in order to try to solve resolve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.1, their the dispute will be referred to the arbitration a court of competent jurisdiction in accordance with Section 13.1513.19.

Appears in 1 contract

Samples: Master Manufacturing Services Agreement (Melinta Therapeutics, Inc. /New/)

Commercial Disputes. In the event of If any dispute arising arises out of this Agreement or in connection with this any Product Agreement (other than a dispute determined in accordance with under Section 6.1(b) or a Technical Dispute, as defined herein), the parties shall will first try to solve resolve it amicably. In this that regard, any party may send a notice of dispute to the other, and each party shall will appoint, within 10 [***] Business Days from receipt of such the notice of dispute, a single representative having full power and authority to solve resolve the dispute. The representatives so designated shall will meet as necessary in order to solve such resolve the dispute. If these the representatives fail to solve resolve the matter within one [***] month from their appointment, or if a party fails to appoint a representative within the 10 [***] Business Day period set forth above, such the dispute shall will immediately be referred to the Chief Operating Business Officer or Executive Vice President, Operations (or such other another officer as they he/she may designate) of each party who will meet and discuss as necessary in order to try to solve resolve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.1, their the dispute will be referred to the arbitration a court of competent jurisdiction in accordance with Section 13.1513.17.

Appears in 1 contract

Samples: Product Agreement (ChemoCentryx, Inc.)

Commercial Disputes. In the event of any dispute arising out of or in connection with this Agreement (other than a dispute determined in accordance with Section 6.1(b5.7(b) or a Technical Dispute), the parties shall first try to solve it amicably. In this regard, any party may send a notice of dispute to the other, and each party shall appoint, within 10 [**] Business Days from receipt of such notice of dispute, a single representative having full power and authority to solve the dispute. The representatives so designated shall meet as necessary in order to solve such dispute. If these representatives fail to solve the matter within one month from their appointment, or if a party fails to appoint a representative within the 10 [**] Business Day period set forth above, such dispute shall immediately be referred to the Chief Operating Officer or Executive Vice President, Operations (or such other officer as they may designate) of each party who will meet and discuss as necessary in order to try to solve the dispute amicably. Should the parties fail to reach a resolution under this Section 12.111.1, their dispute will be referred to the arbitration in accordance with Section 13.15a court of competent jurisdiction.

Appears in 1 contract

Samples: Quality Agreement (Sepracor Inc /De/)

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