Common use of OUTCOME OF DISPUTE RESOLUTION Clause in Contracts

OUTCOME OF DISPUTE RESOLUTION. If the Arbitrator concludes that the Technical Milestones have not been achieved, Nanogen shall have the right to terminate this Agreement upon sixty (60) days written notice to Prolinx, commencing upon the date of the Arbitrator's decision. If the Arbitrator concludes that the Technical Milestones have been achieved, Nanogen shall have no right to terminate this Agreement under Section 10.2.1; PROVIDED, HOWEVER, that Nanogen shall continue to have rights of termination as provided in Sections 10.1, 10.3 and 10.4 hereof. In the event of termination by Nanogen during the first twelve (12) months of this Agreement pursuant to the terms of this Section, Nanogen's sole and exclusive remedy hereunder shall be to cease paying the Annual Research Fee provided under this Agreement; PROVIDED, HOWEVER, that such limitation on Nanogen's remedies shall not apply in the case of termination by Nanogen for material breach by Prolinx.

OUTCOME OF DISPUTE RESOLUTION. If the Arbitrator concludes that the Technical Milestones have not been achieved, Nanogen shall have the right to terminate this Agreement upon sixty (60) days written notice to Prolinx, commencing upon the date of the Arbitrator's decision. If the Arbitrator concludes that the Technical Milestones have been achieved, Nanogen shall have no right to terminate this Agreement under Section 10.2.1; PROVIDEDprovided, HOWEVERhowever, that Nanogen shall continue to have rights of termination as provided in Sections 10.1, 10.3 and 10.4 hereof. In the event of termination by Nanogen during the first twelve (12) months of this Agreement pursuant to the terms of this Section, Nanogen's sole and exclusive remedy hereunder shall be to cease paying the Annual Research Fee provided under this Agreement; PROVIDEDprovided, HOWEVERhowever, that such limitation on Nanogen's remedies shall not apply in the case of termination by Nanogen for material breach by Prolinx.