Master Alliance Provisions Guide (MAPGuide)

Pfizer – MPP, TB Therapeutic (Sutezolid) Non-Exclusive License Agreement

  • Business model | Governance



9.3. Governing Law. This Agreement shall be governed by and construed under the laws in effect in the State of New York, U.S. without giving effect to any conflicts of laws provision thereof or of any other jurisdiction that would produce a contrary result. The courts located in the Southern District of New York shall have exclusive jurisdiction over any action relating to this Agreement, and each of the Parties irrevocably: (a) submits to such exclusive jurisdiction for such purpose; (b) waives any objection which it may have at any time to the laying of venue of any proceedings brought in such courts; (c) waives any claim that such proceedings have been brought in an inconvenient forum; and (d) further waives the right to object with respect to such proceedings that any such court does not have jurisdiction over such Party; and (e) consents to service of process in the manner provided by Section 9.8 or by first class certified mail, return receipt requested, postage prepaid.

9.4. Dispute Resolution. Other than as provided under Section 5.5, the Parties agree that in the event of a dispute they shall first attempt in good faith to resolve such dispute. In the event that such dispute is not resolved on an informal basis, either Party may refer the dispute to the Executive Director of the MPP and to the corresponding executive at Pfizer (together, the Designated Officers). If such dispute is not resolved by the Designated Officers within 30 days, the Parties agree that they shall submit such dispute to mediation in accordance with WIPO Mediation Rules. In the event that dispute remains outstanding after 60 days from the date when it was first discussed in any manner between the Parties, either Party may commence proceedings in a court of competent jurisdiction, seeking any remedy at law or in equity.