UNRESOLVED MATTER Sample Clauses

The "Unresolved Matter" clause defines how issues or disputes that cannot be immediately resolved between the parties will be handled. Typically, this clause outlines a process such as escalation to higher management, mediation, or arbitration, and may set timeframes for each step. Its core practical function is to provide a structured approach for addressing disagreements, ensuring that unresolved issues do not stall the overall progress of the agreement and that both parties have a clear path to resolution.
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UNRESOLVED MATTER. In the event of any dispute, misunderstanding, difference of opinion, or any other unresolved matter concerning or involving in any way, any matter of interpretation, fact, law meaning, of any type whatsoever without limitation, it is the intention of all parties to this Agreement that such differences be resolved by mutual agreement. In the event such agreement cannot be reached, either Seller or ▇▇▇▇▇▇▇ may choose Binding Mediation. The Mediator shall be a former Common Pleas Judge from the County of Bucks.
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UNRESOLVED MATTER. In the event of any dispute, misunderstanding, difference of opinion, or any other unresolved matter concerning or involving in any way, any matter of interpretation, fact, law meaning, of any type whatsoever without limitation, it is the intention of all parties to this Agreement that such differences be resolved by mutual agreement. In the event such agreement cannot be reached, Seller or Buyer shall choose mediation, which shall be conducted by the Bucks County Association of Realtors (the “Association”), in accordance with the Association’s Dispute Resolution System Rules and Procedures then in effect. If no resolution is reached through mediation, either party may take any action provided by law or equity. Buyer and Seller acknowledge and agree that ▇▇▇▇▇▇▇ is not required to participate in any mediation, but may do so in its sole discretion.
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UNRESOLVED MATTER. In the event of any dispute, misunderstanding, difference of opinion, or any other unresolved matter concerning or involving in any way, any matter of interpretation, fact, law meaning, of any type whatsoever without limitation, it is the intention of all parties to this Agreement that such differences be resolved by mutual agreement. In the event such agreement cannot be reached, either Seller or ▇▇▇▇▇▇▇ may choose Binding Mediation. The Mediator shall be a former Common Pleas Judge from the County of Delaware.
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UNRESOLVED MATTER. In the event of any dispute, misunderstanding, difference of opinion, or any other unresolved matter concerning or involving in any way, any matter of interpretation, fact, law meaning, of any type whatsoever without limitation, it is the intention of all parties to this Agreement that such differences be resolved by mutual agreement.
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UNRESOLVED MATTER. In the event of any dispute, misunderstanding, difference of opinion, or any other unresolved matter concerning or involving in any way, any matter of
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UNRESOLVED MATTER. Notwithstanding the closing of the Eklutna Project sale through this Agreement, the parties acknowledge that they have not resolved the question of whether the United States is required to provide warranties of title in real property conveyance and transfer instruments issued to the Purchasers under the Sale Act and the Eklutna Purchase Agreement. The United States and the Purchasers presently have differing positions concerning this question. The warranty question is presently pending before the Comptroller General, and an opinion from that official was not received before closing of the Eklutna Project sale. Although the Comptroller General's opinion will not be binding on the Purchasers, it will provide guidance to the United States on the-unresolved question relating to warranty obligations. By entering this Agreement, neither the United States nor the Purchasers waive any position, right, claim or defense related to the question of whether the United States must provide Warranties to the Purchasers in real property transfer instruments.
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Related to UNRESOLVED MATTER

  • Disclosed Matters Since the date of this Agreement, there has been no change in the status of the Disclosed Matters that, individually or in the aggregate, has resulted in, or materially increased the likelihood of, a Material Adverse Effect.

  • Resolving Disputes The Company and the customer will use all reasonable endeavours to resolve any dispute between them. If they cannot resolve their dispute between them, they will:- a. Refer the dispute to mediation which will be conducted in accordance with the Resolution Institute New Zealand Standard Mediation Agreement; and b. If mediation is unsuccessful, the matter of dispute shall be referred to a single arbitrator in accordance with the provisions contained in the Arbitration ▇▇▇ ▇▇▇▇ and any amendments. Nothing in this clause will preclude either party from taking immediate steps to seek urgent equitable relief before an appropriate Court.

  • FDA Matters As to each product subject to the jurisdiction of the U.S. Food and Drug Administration (“FDA”) under the Federal Food, Drug and Cosmetic Act, as amended, and the regulations thereunder (“FDCA”) that is manufactured, packaged, labeled, tested, distributed, sold, and/or marketed by the Company or any of its Subsidiaries (each such product, a “Pharmaceutical Product”), such Pharmaceutical Product is being manufactured, packaged, labeled, tested, distributed, sold and/or marketed by the Company in compliance with all applicable requirements under FDCA and similar laws, rules and regulations relating to registration, investigational use, premarket clearance, licensure, or application approval, good manufacturing practices, good laboratory practices, good clinical practices, product listing, quotas, labeling, advertising, record keeping and filing of reports, except where the failure to be in compliance would not have or reasonably be expected to result in a Material Adverse Effect. There is no pending, completed or, to the Company’s knowledge, threatened, action (including any lawsuit, arbitration, or legal or administrative or regulatory proceeding, charge, complaint, or investigation) against the Company or any of its Subsidiaries, and none of the Company or any of its Subsidiaries has received any notice, warning letter or other communication from the FDA or any other governmental entity, which (i) contests the premarket clearance, licensure, registration, or approval of, the uses of, the distribution of, the manufacturing or packaging of, the testing of, the sale of, or the labeling and promotion of any Pharmaceutical Product, (ii) withdraws its approval of, requests the recall, suspension, or seizure of, or withdraws or orders the withdrawal of advertising or sales promotional materials relating to, any Pharmaceutical Product, (iii) imposes a clinical hold on any clinical investigation by the Company or any of its Subsidiaries, (iv) enjoins production at any facility of the Company or any of its Subsidiaries, (v) enters or proposes to enter into a consent decree of permanent injunction with the Company or any of its Subsidiaries, or (vi) otherwise alleges any violation of any laws, rules or regulations by the Company or any of its Subsidiaries, and which, either individually or in the aggregate, would have or reasonably be expected to result in a Material Adverse Effect. The properties, business and operations of the Company have been and are being conducted in all material respects in accordance with all applicable laws, rules and regulations of the FDA. The Company has not been informed by the FDA that the FDA will prohibit the marketing, sale, license or use in the United States of any product proposed to be developed, produced or marketed by the Company nor has the FDA expressed any concern as to approving or clearing for marketing any product being developed or proposed to be developed by the Company.

  • Litigation Matters If the FDIC Party and the Assuming Institution do not agree to submit the Dispute Item to arbitration, the Dispute Item may be resolved by litigation in accordance with Federal or state law, as provided in Section 13.10 of the Purchase and Assumption Agreement. Any litigation shall be filed in a United States District Court in the proper district.

  • Third Party Litigation In the event that a Third Party institutes a patent or other infringement suit against any of NovaDel, PAR or HANA or any of its respective Affiliates during the Term, alleging manufacture, use or sale of a Licensed Product in the Territory, infringes one or more patent or other intellectual property rights held by such Third Party (an “Infringement Suit”), the Parties shall cooperate with one another in defending such suit. PAR, as the NDA holder, shall have the first right to direct and control, at its expense, any Infringement Suit (including settlement negotiations, settlement or compromise thereof) to the extent that it relates to the manufacture, use or sale of a Licensed Product but does not implicate the Licensed Technology or Licensed Process. In the event that the Infringement Suit relates to the use of the Licensed Technology or Licensed Process, NovaDel shall have the first right to direct and control, at its expense, any such Infringement Suit (including settlement negotiations, settlement or compromise thereof). To the extent that any amounts become payable to any Third Party as a result of such action, whether through judgment or settlement, then PAR shall, unless HANA is jointly promoting and commercializing the Licensed Product pursuant to Section 2.4 and subject to Section 12.2, bear [***] percent ([***]%) of such amounts with respect to the Exploitation of the Licensed Product; provided, however, that PAR shall have the right to credit [***] percent ([***]%) of any amounts paid by PAR through judgment or settlement with respect to such country against the royalty payments to be paid by PAR to HANA with respect to the sale of the Licensed Product under Section 6.3; provided further, however, that no royalty payment when due, regardless of the amount or number of credits available to PAR shall be reduced by more than [***] percent ([***]%) of the amounts otherwise owed pursuant to Section 6.3 in any calendar quarter. Credits not exhausted in any calendar quarter may be carried into future calendar quarters. Notwithstanding the foregoing, in the event that no payments are due or owing, or contemplated to be due or owing, by PAR to HANA under Article 6 with respect to the sale of the Licensed Product, then NovaDel shall pay to PAR such amount owed to a Third Party up to a cap of [***]% of such amount owed to such Third Party, less any amount already credited to PAR under this Section 10.3. Notwithstanding the foregoing, NovaDel shall have no obligation under this Section 10.3 for any costs, expenses or damages that are paid or payable to a Third Party as a result of an actual or alleged infringement by PAR or HANA to the extent such costs, expenses or damages result from the use of a Product Trademark.