Provision Language
Novartis – MPP Agreement
24. Governing Law and Jurisdiction
24.1. This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by the laws of Switzerland.
24.2. Any dispute between the Parties relating to this Agreement will first be submitted in writing by one Party to the other Party’s senior executive who shall (unless otherwise notified in writing) be the President Global Health for Novartis and the Executive Director for MPP, who will promptly meet and confer in an effort to resolve such dispute.
24.3. In the event the executives are unable to resolve any dispute within fourteen (14) days after submission to them in accordance with Clause 24.2, then, subject to Clause 24.4, all disputes arising out of or in connection with this Agreement shall be exclusively referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules. The arbitral tribunal shall consist of three arbitrators. The place of arbitration shall be Geneva, Switzerland. The language to be used in the arbitral proceedings shall be English.
24.4. Without prejudice to the foregoing in relation to MPP, nothing in this Clause 24 shall prevent or restrict Novartis from electing to bring proceedings in relation to patent infringement or from applying for injunctive relief in any country, to which election the Parties hereby agree.
Form of Sublicense
28. GOVERNING LAW AND JURISDICTION
28.1 This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by the laws of Switzerland.
28.2 All disputes arising out of or in connection with this Agreement shall be exclusively referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules. The arbitral tribunal shall consist of three arbitrators. The place of arbitration shall be Geneva, Switzerland. The language to be used in the arbitral proceedings shall be English. The foregoing however shall not prevent any Party from seeking and obtaining injunctive relief at any time in any country.
28.3 Without prejudice to the foregoing in relation to the Licensee, nothing in this Clause 28 shall prevent or restrict Novartis from electing to bring proceedings in relation to patent infringement or from applying for injunctive relief in any country, to which election the Licensor and the Licensee hereby agree.