Common use of RESOLUTION PANEL Clause in Contracts

RESOLUTION PANEL. Subject to Section 9.1, any dispute under the Transaction Documents shall first be submitted to a panel made up of officers from the parties to the dispute (the "RESOLUTION PANEL"). If the dispute involves both of the Interested Persons and both of the Owners, the Resolution Panel shall consist of four members, of which two members shall be the Chief Executive Officers, or other duly authorized executive managers not theretofore involved in the dispute, of Roche and GRI or their Affiliates, and the other two members shall be the Chief Executive Officers or Chief Operating Officers, or another duly authorized executive manager not theretofore involved in the dispute, of Hercules and Mallinckrodt and their Affiliates. If the dispute involves only one of the Interested Persons and/or only one of the Owners, the Resolution Panel shall consist of four members, which shall include the Chief Executive Officers or Chief Operating Officers or other duly authorized executive managers not theretofore involved in the dispute of all parties to the dispute and (i) if only one Interested Person is involved in the dispute, another authorized executive manager of such Interested Person, and (ii) if only one Owner is involved in the dispute, another authorized executive manager of such Owner; provided, however, that the parties not involved in the dispute shall be given notice of, and access to information relevant to, the dispute. 72

RESOLUTION PANEL. Subject to Section 9.1, any dispute ---------------- under the Transaction Documents shall first be submitted to a panel made up of officers from the parties to the dispute (the "RESOLUTION PANEL"). If the dispute involves both of the Interested Persons and both of the Owners, the Resolution Panel shall consist of four members, of which two members shall be the Chief Executive Officers, or other duly authorized executive managers not theretofore involved in the dispute, of Roche and GRI or their Affiliates, and the other two members shall be the Chief Executive Officers or Chief Operating Officers, or another duly authorized executive manager not theretofore involved in the dispute, of Hercules and Mallinckrodt and their Affiliates. If the dispute involves only one of the Interested Persons and/or only one of the Owners, the Resolution Panel shall consist of four members, which shall include the Chief Executive Officers or Chief Operating Officers or other duly authorized executive managers not theretofore involved in the dispute of all parties to the dispute and (i) if only one Interested Person is involved in the dispute, another authorized executive manager of such Interested Person, and (ii) if only one Owner is involved in the dispute, another authorized executive manager of such Owner; provided, however, that the parties not involved in the dispute shall be given notice of, and access to information relevant to, the dispute. 72.