Common use of Discussions Between the Parties Clause in Contracts

Discussions Between the Parties. If any claim, dispute, or controversy of any nature arising out of or relating to this Agreement, including, without limitation, any action or claim based on tort, contract or statute, or concerning the interpretation, effect, termination, validity, performance and/or breach of this Agreement, but specifically excluding any claim, dispute or controversy arising with respect to the JSC or a CSC for which the Parties have established a complete dispute resolution mechanism under Sections 2.2 and 2.3, respectively (each, a “Claim”), arises between the Parties and the Parties cannot resolve the dispute within thirty (30) days of a written request by either Party to the other Party, the Parties agree to refer the Claim to the Vice President of Business Development of Genentech and the Chief Executive Officer of Curis, or their respective designees, for resolution. If, after an additional sixty (60) days, such officers or their designees have not succeeded in negotiating a resolution of the dispute, then, upon the written request of either Party, such dispute shall be resolved by final and binding arbitration in accordance with Section 15.3(b).

Appears in 3 contracts

Samples: And License Agreement (Curis Inc), And License Agreement (Curis Inc), And License Agreement (Curis Inc)

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Discussions Between the Parties. If any claim, dispute, or controversy of any nature arising out of or relating to this Agreement, including, without limitation, any action or claim based on tort, contract or statute, or concerning the interpretation, effect, termination, validity, performance and/or breach of this Agreement, but specifically excluding any claim, dispute or controversy arising with respect to the JSC or a CSC JRC for which the Parties have established a complete dispute resolution mechanism under Sections 2.2 and 2.3Section 2.2, respectively (each, a “Claim”), arises between the Parties and the Parties cannot resolve the dispute within thirty (30) days of a written request by either Party to the other Party, the Parties agree to refer the Claim to the Senior Vice President of Business Development of Genentech and the Chief Executive Officer of CurisRenovis, or their respective designees, for resolution. If, after an additional sixty (60) days, such officers or their designees have not succeeded in negotiating a resolution of the dispute, then, upon the written request of either Party, such dispute shall be resolved by final and binding arbitration in accordance with Section 15.3(b).

Appears in 2 contracts

Samples: And License Agreement (Renovis Inc), And License Agreement (Renovis Inc)

Discussions Between the Parties. If any claim, dispute, or controversy of any nature arising out of or relating to this Agreement, including, without limitation, any action or claim based on tort, contract or statute, or concerning the interpretation, effect, termination, validity, performance and/or breach of this Agreement, but specifically excluding any claim, dispute or controversy arising with respect to the JSC RSC or a CSC CDSC for which the Parties parties have established a complete dispute resolution mechanism under Sections 2.2 2.3 and 2.34.3, respectively (each, a “Claim”), arises between the Parties parties and the Parties parties cannot resolve the dispute within thirty (30) 30 days of a written request by either Party party to the other Partyparty, the Parties parties agree to refer the Claim to the Vice President of Business Development of Genentech Procter & Xxxxxx Pharmaceuticals and the Chief Executive Officer of Curis, or their respective designees, for resolution. If, after an additional sixty (60) 60 days, such officers or their designees have not succeeded in negotiating a resolution of the dispute, then, upon the written request of either Partyparty, such dispute shall be resolved by final and binding arbitration in accordance with Section 15.3(b13.5(b)(ii).

Appears in 1 contract

Samples: Collaboration, Research and License Agreement (Curis Inc)

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Discussions Between the Parties. If any claim, dispute, or controversy of any whatever nature arising out of or relating to this Agreement, including, without limitation, any action or claim based on tort, contract contract, or statutestatute (including any claims of breach or violation of ***CONFIDENTIAL TREATMENT REQUESTED statutory or common law protections from discrimination, harassment and hostile working environment), or concerning the interpretation, effect, termination, validity, performance and/or breach of this Agreement, but specifically excluding any claim, dispute or controversy arising with respect to the JSC or a CSC for which the Parties have established a complete dispute resolution mechanism under Sections 2.2 and 2.3, respectively Agreement (each, a Disputed Claim”), arises between the Parties parties and the Parties parties cannot resolve the dispute within thirty (30) days of a written request by either Party party to the other Partyparty, the Parties parties agree to refer hold a meeting, attended by the Claim to the Vice President of Business Development of Genentech and the Chief Executive Officer of Curis, an executive officer or their respective designeesequivalent of Company and Manufacturer, for resolutionto attempt in good faith to negotiate a resolution of the dispute prior to pursuing other available remedies. If, after an additional within sixty (60) daysdays after such written request, such officers or their designees the parties have not succeeded in negotiating a resolution of the dispute, then, upon the written request of either Party, such dispute shall be resolved by final and binding arbitration in accordance with Section 15.3(b)11.2.

Appears in 1 contract

Samples: Commercial Supply Agreement (Amylin Pharmaceuticals Inc)

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