JAMS Supervision. In the event the [***] Expert is a JAMS arbitrator selected by JAMS as provided in this Schedule A, the matter will be conducted as a binding arbitration in accordance with JAMS procedures, as modified by this Schedule A (including that the arbitrator will adopt as his or her decision the position of one Party or the other, as described below). In such event, the arbitrator may retain a Third Party expert with the same experience specified in Section 2.8 for the [***] Expert to assist in rendering such decision, and the expenses of any such expert will be shared by the Parties as costs of the arbitration as provided in this Schedule A. Determination by the [***] Expert. The [***] Expert will, no later than [***] days after the last submission of the written reports and, if any, oral submissions, select one of the Party’s positions as his or her final decision, and will not have the authority to modify either Party’s position or render any substantive decision other than to so select the position of either Party as set forth in their respective written report (as initially submitted, or as revised in accordance with this Schedule A, as applicable). The decision of the [***] Expert will be the sole, exclusive and binding remedy between them regarding the dispute submitted to such [***] Expert.
Appears in 2 contracts
Sources: Joint Development and Commercialization Agreement (Vertex Pharmaceuticals Inc / Ma), Joint Development and Commercialization Agreement (CRISPR Therapeutics AG)