definiens: as defined below which the parties areunable to resolve pursuant to the other dispute resolution mechanisms provided in this Agreement ( other than litigation ) shall, upon the written request of one party delivered to the other party, be submitted to and settled by a panel of Third Parties ( a ) appointed by [COMPANY] and CFFT as provided below . The shall consist solely of disagreementsconcerning whether a particular Compound has satisfied all of the applicable Development Candidate Criteria . Within thirty(30 ) days after delivery of the above - referenced written request, each party will appoint one person who is not an Affiliate of theparty appointing that person, and 56who is knowledgeable in the areas of pharmaceutical science, business and commercial aspects of drug development and sale, or the clinical development of pharmaceuticals, to hear and determine the dispute . The two persons so chosen will select anotherimpartial Third Party and their majority decision will be final and conclusive upon the parties hereto . If either party fails todesignate its appointee within the thirty ( 30 ) day period referenced above, then the appointee who has been designated by theother party will serve as the sole member of the Third Party Panel and will be deemed to be the single, mutually approved party toresolve the dispute . Each party will bear its own costs in the Third Party Referral process, and the parties will split equally thecosts of the Third Party Panel members . The Third Party Panel will, upon the request of either party, issue its final determinationin writing