Failure to Reach Consensus. If any steering committee is unable to decide a matter by consensus, then: 4.6.3.1. MedImmune shall have the final decision authority on any matter with respect to Products that are subject to a Development and Commercialization License; and 4.6.3.2. MedImmune shall have the final decision authority on any matter under a Research Plan or Development Plan that MedImmune is funding; and 4.6.3.3. MedImmune shall have the final decision authority on any matter with respect to a Delivery Device that Inovio is designing, developing, and/or manufacturing of behalf of MedImmune to exploit any Product. 4.6.3.4. all other matters shall be referred to the Chief Executive Officer of Inovio or equivalent position or his/her nominee and the SVP of Oncology iMed of MedImmune or equivalent position or his/her nominee for resolution, who together shall use reasonable and good faith efforts to reach a decision by consensus within [XXXXXXX] after the date such matter is referred to them. If the Parties still fail to reach a decision within such [XXXXXXX], then the final decision shall be MedImmune’s, which shall be exercised in good faith. Any such decision shall constitute a decision of the applicable steering committee.
Appears in 3 contracts
Sources: Collaboration and License Agreement, Collaboration and License Agreement, Dna Cancer Vaccine Collaboration and License Agreement (Inovio Pharmaceuticals, Inc.)