2Information. If requested by Sub-Recipient to provide information in NCDMM’s possession that is not otherwise accessible to Sub-Recipient and that is reasonable and necessary for Sub-Recipient’s performance under this Agreement (“Information”), subject to the following sentence, NCDMM shall provide such Information (or an explanation of the legitimate reason for any refusal or delay, and if delay, a projected date by which such Information will be provided) within a commercially practicable period of time after receipt of Sub-Recipient’s written request. Notwithstanding the foregoing, NCDMM may, in its sole discretion, refuse to provide any Information to Sub-Recipient, including Confidential Information, Inventions or any other Information NCDMM deems, in its sole discretion, to be proprietary or unnecessary for use in the Activities, provided that Sub-Recipient shall not be deemed in breach of this Agreement if the sole reason it cannot perform any Research or Development Activities is NCDMM’s refusal to provide Information reasonable and necessary for the conduct of the Activities. NCDMM shall own all right, title and interest in and to any Information, unless specified to the contrary in writing.
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