Shortages. Purchaser shall notify Dynavax in writing of any shortage in any shipment of CpG Material within ​ days after receipt. In the event of any verified shortage, Dynavax shall make up the shortage at no cost or expense to Purchaser (beyond the Purchaser’s obligation to make the Final Payment for such shortage amount following receipt thereof), within ​ Business Days if replacement CpG Material stock is available, or, if it is necessary to produce replacement CpG Material, Dynavax shall promptly start another manufacturing run and shall deliver the replacement CpG Material to Purchaser within ​ months after the notice of the shortage at no cost or expense to Purchaser (beyond the Purchaser’s obligation to make the Final Payment for such shortage amount following receipt thereof).

Shortages. Ortho shall notify Alba in writing of any shortage in any shipment of Product within seven (7) days of Ortho receiving the shipment. Alba shall, at Ortho’s option, refund to Ortho the Price paid for the quantity of the shortfall, or make up the shortfall, at no additional cost to Ortho, as soon as possible but no later than within seven (7) days if replacement stock is available, or, if no replacement stock is available, as soon as reasonably practicable after receiving such notice. Alba shall also refund Ortho for the shipping costs incurred by Ortho.

Shortages. Verrica shall notify Supplier in writing of any shortage in quantity of any shipment of any Material after becoming aware of any such shortage. In the event of such shortage, Supplier shall make up the shortage and ship the Material on an expedited basis at Supplier’s sole cost and expense within ​ after receiving such notice.

Shortages. In the event of any shortage experienced by [[Surmodics:Organization]] or its Affiliates with respect to any inputs or capacity that may reasonably be expected to affect [[Surmodics:Organization]]’ ability to satisfy its Manufacturing and supply obligations hereunder, [[Surmodics:Organization]] shall allocate its available inputs and capacity to the Manufacture of the Product to ensure that Abbott actually receives at least as high of a percentage of the Product ordered by Abbott pursuant to [Section 4.1.2] and accepted by [[Surmodics:Organization]] in accordance with [Section 4.1.4] as ​. [[Surmodics:Organization]] shall notify Abbott as soon as it becomes aware of circumstances that could reasonably be expected to result in any such shortage. The obligations of this [Section 4.1.5] shall not apply after [[Surmodics:Organization]]’ receipt of any notice of termination for convenience from Abbott pursuant to [Section 13.3.2].

Disputes. Bioeq shall promptly inform Licensee of any dispute under the ​ Agreement which may have a material effect on the Development or Commercialization of the Licensed Products in the Field in the Territory, and either Party shall reasonably cooperate with the other in the settlement of such dispute.

Disputes. Except as set forth in this Paragraph 13, any dispute, claim or difference arising between Company and Executive (each a “Party,” and jointly, the “Parties”), including any dispute, claim or difference arising out of this Agreement, will be settled exclusively by binding arbitration in accordance with the rules of the Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The arbitration will be held [[Address A:Address]] unless the Parties mutually agree otherwise. Nothing contained in this Paragraph 13 will be construed [[Organization A:Organization]] limit or preclude a Party from bringing any action in any court of competent jurisdiction for injunctive or other provisional relief [[Organization A:Organization]] compel another party [[Organization A:Organization]] comply with its obligations under this Agreement or any other agreement between or among the Parties during the pendency of the arbitration proceedings. Each Party shall bear its own costs and fees of the arbitration, and the fees and expenses of the arbitrator will be borne equally by the Parties, provided, however, if the arbitrator determines that any Party has acted in bad faith, the arbitrator shall have the discretion [[Organization A:Organization]] require any one or more of the Parties [[Organization A:Organization]] bear all or any portion of fees and expenses of the Parties and/or the fees and expenses of the arbitrator; provided, further that, with respect [[Organization A:Organization]] claims that, but for this mandatory arbitration clause, could be brought against Company under any applicable federal or state labor or employment law (“Employment Law”), the arbitrator shall be granted and shall be required [[Organization A:Organization]] exercise all discretion belonging [[Organization A:Organization]] a court of competent jurisdiction under such Employment Law [[Organization A:Organization]] decide the dispute, whether such discretion relates [[Organization A:Organization]] the provision of discovery, the award of any remedies or penalties, or otherwise and provided

Disputes. Promptly upon receipt of the ​ reports described in this [Section 6.4.4, BI] shall review such reports and, in the event that BI disputes any of the items described in such report, BI shall promptly notify [[Unknown Identifier]] of any such disputes within ​ of receipt of the applicable report. The Parties shall meet promptly thereafter to attempt to resolve such disputes.

Disputes. In the event of any dispute, controversy or claim between the Company and the Employee arising out of or relating [[Organization A:Organization]] interpretation, application or enforcement of the provisions of this Agreement, the Company and the Employee agree and consent [[Organization A:Organization]] personal jurisdiction of the state and local courts of Harris County, Texas and/or the United States District Court for the Southern District of Texas, Houston Division for resolution of the dispute, controversy or claim, and that those courts, and only those courts, shall have any jurisdiction to determine any dispute, controversy or claim related to, arising under or in connection with this Agreement. The Company and the Employee also agree that those courts are convenient forums for the parties to any such dispute, controversy or claim and for any potential witnesses and that process issued out of any such court or in accordance with the rules of practice of that court may be served by mail or other forms of substituted service [[Organization A:Organization]] at the address of its principal executive offices and [[Organization A:Organization]] Employee at the Employee’s last known address as reflected in the Company’s records.

Disputes. Any disputes relating to provisions or obligations in this Lease in connection with Landlord’s Work or the Tenant Improvement Work or this Exhibit 4 shall be submitted to arbitration in accordance with the provisions of applicable state law, as from time to time amended. Arbitration proceedings, including the selection of an arbitrator, shall be conducted pursuant to the rules, regulations and procedures from time to time in effect as promulgated by the American Arbitration Association. Notwithstanding the foregoing, the parties hereby agree that the arbitrator for any disputes relating to Landlord’s Work or the Tenant Improvement Work shall be a construction consultant, experienced in the construction of offices/research/laboratory buildings/campuses in the Market Area, as mutually agreed upon by the parties, or, if not then designated by the parties, within ten (10) days after either party makes a request for arbitration hereunder, or (if the parties do not mutually agree upon such arbitrator) as designated by the Boston office of the American Arbitration Association upon request by either party. Prior written notice of application by either party for arbitration shall be given to the other at least ten (10) days before submission of the application to the said Association’s office in Boston, Massachusetts. The arbitrator shall hear the parties and their evidence. The decision of the arbitrator shall be binding and conclusive, and judgment upon the award or decision of the arbitrator may be entered in the appropriate court of law; and the parties consent to the jurisdiction of such court and further agree that any process or notice of motion or other application to the Court or a Judge thereof may be served outside the Commonwealth of Massachusetts by registered mail or by personal service, provided a reasonable time for appearance is allowed. The costs and expenses of each arbitration hereunder and their apportionment between the parties shall be determined by the arbitrator in his award or decision. Except where a specified period is referenced in this Lease, no arbitrable dispute shall be deemed to have arisen under this Lease prior to the expiration of the period of twenty (20) days after the date of the giving of written notice by the party asserting the existence of the dispute together with a description thereof sufficient for an understanding thereof. In connection with the foregoing, it is expressly understood and agreed that the parties shall continue to perform their respective obligations under the Lease during the pendency of any such arbitration proceeding hereunder (with any adjustments or reallocations to be made on account of such continued performance as determined by the arbitrator in his or her award).

Disputes. The Parties agree that, except for # disputes arising under Section 3.1 that have been escalated to the Senior Executives and not been resolved and # any matter as to which a Party seeks immediate equitable relief, all controversies or claims arising out of or relating to this TSA, or the interpretation, performance, breach, termination, or validity thereof, will be referred to the Senior Executives for good faith negotiation towards a resolution for a period of up to ​. If the Senior Executives cannot reach an agreement within such ​ period (or such longer period as the Parties may agree), either Party may, at its sole discretion, seek resolution of such dispute in accordance with Section 16.4.