![]() Heads shall mean the side of the coin containing the phrase “In God We Trust.” Tails shall mean the side of the coin containing the phrase “E Pluribus Unum.” If the coin lands with the side of the coin that the Roche Bioscience representative designated facing up, such Additional Indication shall be designated as a Roche Bioscience Indication. and Tularik Inc., who provided as follows in their 1997 contract:įollowing such negotiation, such Additional Indication shall become a Roche Bioscience Indication or a Tularik Indication, as the case may be provided, however, that if after such negotiations, the parties cannot agree on the assignment of an Additional Indication, the Chair of the Research Management Committee shall throw a well-balanced United States coin into the air and a representative from Roche Bioscience shall call heads or tails while such coin is in the air. In the event Bancorp, Western and CBB are unable to agree on an accounting firm of national standing, CBB shall nominate, and Bancorp and Western shall jointly nominate, one nationally recognized independent accounting firm that does not regularly work for such party and is willing to accept such retention, and one of such two firms shall be selected as the arbiter by a flip of a coin, with the flip being made by a lawyer for Bancorp and Western in the presence of a lawyer for CBB, with CBB’s lawyer designating which firm will be chosen if its choice of “heads” or”tails” results.īut congratulations go to Syntex (U.S.A.) Inc. Here’s an example:Īfter a coin toss to determine who makes the first strike, the parties shall strike names from the list alternately until the name of one arbitrator remains.īut in the following example, it’s specified who’s to do the flipping:Īt such meeting, the Parties shall begin the picking process by undertaking a coin toss conducted by a mutually-agreed Third Party. For the most part, those that provide for such a mechanism don’t get specific. I had a look on EDGAR for contracts that specify that a given choice is to be made by a coin toss (or “flip”). ![]()
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