Failure to Reach Consensus. If the JOC is unable to decide a matter requiring JOC approval by consensus, then the matter shall be escalated to the […***…]. However: (1) decisions related to the responsibilities in Sections 4.4(l) […***…], (m) (promotional materials outside of the FMI guidelines), and (t) (Average Delivery Time Metric) shall require agreement by the Parties; (2) decisions related to Section 4.4(o) […***…] shall be referred to the CEO of the Roche Group; (3) decisions related to Section 4.4(u) (Initial Launch and F1CDx Initial Launch Plan) shall be escalated to the JMC as set forth in the Collaboration Agreement, provided that if the JMC is unable to decide such matter, FMI shall have final decision-making authority; and (4) decisions related to Section 4.4(v) (changes to F1CDx bait set) shall be subject to FMI’s final decision-making authority.
Appears in 2 contracts
Sources: Ex Us Commercialization Agreement (Foundation Medicine, Inc.), Ex Us Commercialization Agreement (Foundation Medicine, Inc.)