Common use of Authorized Use and Disclosure Clause in Contracts

Authorized Use and Disclosure. Each Party may use and disclose Confidential Information of the other Party as follows: (i) under appropriate confidentiality provisions substantially equivalent to those in this Agreement, in connection with the performance of its obligations or exercise of rights granted to such Party in this Agreement; (ii) to the extent such disclosure is reasonably necessary in filing for, prosecuting or maintenance of Patents, copyrights and trademarks (including applications therefor) in accordance with this Agreement, complying with the terms of agreements with Third Parties, prosecuting or defending litigation, complying with applicable governmental regulations, filing for, conducting preclinical or clinical trials, obtaining and maintaining regulatory approvals (including Marketing Approvals), marketing Licensed Products, or otherwise required by applicable law or regulation, provided, however, that if a Party is required by law or regulation to make any such disclosure of the other Party’s Confidential Information it will, except where impracticable for necessary disclosures (for example, in the event of medical emergency), give reasonable advance notice to the other Party of such disclosure requirement and, except to the extent inappropriate in the case of patent applications, will use its reasonable efforts to secure confidential treatment of such Confidential Information required to be disclosed; (iii) in communication with existing and potential investors, consultants, advisors (including financial advisors, lawyers and accountants) and others on a need to know basis, in each case under appropriate confidentiality provisions substantially equivalent to those of this Agreement; or (iv) to the extent mutually agreed to by the Parties.

Authorized Use and Disclosure. Each Party may use and disclose Confidential Information of the other Party as follows: (ia) under appropriate confidentiality provisions substantially equivalent to those in this Agreement, Agreement in connection with the performance of its obligations or exercise of rights granted to such Party in this Agreement; (iib) to the extent such disclosure is reasonably necessary in filing for, prosecuting or maintenance of Patents, copyrights and trademarks (including applications therefor) in accordance with this Agreement, for complying with the terms of agreements with Third PartiesParties subject to appropriate confidentiality provisions consistent with those in this Agreement, prosecuting or defending litigation, complying with applicable governmental regulations, filing for, conducting preclinical or clinical trials, obtaining and maintaining regulatory approvals (including Marketing Approvals), marketing Licensed Products, litigation or otherwise required by applicable law Applicable Law or regulationthe rules of any stock exchange on which a Parties shares are listed from time-to-time, provided, however, that if a Party is required by law Applicable Law (or regulation the rules of any stock exchange) to make any such disclosure of the other Party’s Confidential Information it will, except where impracticable for necessary disclosures (for example, in the event of medical emergency), give reasonable advance notice to the other Party of such disclosure requirement and, except to the extent inappropriate in the case of patent applicationsinappropriate, will use its reasonable efforts to secure confidential treatment of such Confidential Information required to be disclosed; (iiic) in communication with existing and potential contractors, investors, acquirers, consultants, advisors (including financial advisors, lawyers and accountants) and others on a need to know basis, in each case case, under appropriate confidentiality provisions and a written agreement substantially equivalent to those of this Agreement; or (ivd) to the extent mutually agreed to by the PartiesParties in writing.

Authorized Use and Disclosure. Each Party may use and disclose Confidential Information of the other Party as follows: (i) under appropriate confidentiality provisions substantially equivalent to those in this Agreement, in connection with the performance of its obligations or exercise of rights granted to such Party in this Agreement; Agreement or the APA, (ii) to the extent such disclosure is reasonably necessary in filing for, prosecuting or maintenance of Patentspatents, copyrights and trademarks (including applications therefor) in accordance with this Agreement, complying with the terms of agreements with Third Parties), prosecuting or defending litigation, complying with applicable governmental regulations, filing for, conducting preclinical or clinical trials, obtaining and maintaining regulatory approvals (including Marketing Approvals), marketing Licensed Products, regulations or otherwise required by applicable law or regulationLaw, provided, however, that if a Party is required by law or regulation Law to make any such disclosure of the other Party’s Confidential Information it will, except where impracticable for necessary disclosures (for example, in the event of medical emergency), give reasonable advance notice to the other Party of such disclosure requirement and, except to the extent inappropriate in the case of patent applications, will use its reasonable efforts to secure confidential treatment of such Confidential Information required to be disclosed; , (iii) in communication with existing and potential investors, consultants, advisors (including financial advisors, lawyers and accountants) and others on a need to know basis, in each case under appropriate and customary confidentiality provisions substantially equivalent to those of this Agreement; or under the circumstances, (iv) by VIVUS only to Acrux and FemPharm to the extent mutually agreed reasonably necessary in complying with the terms of the Acrux License, and (v) by KVP to by the Partiesextent reasonably necessary in filing for, conducting preclinical or clinical trials for, obtaining and maintaining regulatory approvals for and manufacturing and commercializing Evamist in accordance with the terms hereof.

Authorized Use and Disclosure. Each Party may use and disclose Confidential Information of the other Party as follows: (ia) under appropriate confidentiality provisions substantially equivalent to those in this Agreement, Agreement in connection with the performance of its obligations or exercise of rights granted to such Party in this Agreement; (iib) to the extent such disclosure is reasonably necessary in filing for, prosecuting or maintenance for the Prosecution of Patents, copyrights and trademarks Patents (including applications therefor) in accordance with this Agreement, complying with the terms of agreements with Third PartiesParties subject to appropriate confidentiality provisions consistent with those in this Agreement, prosecuting or defending litigation, complying with applicable governmental regulations, filing for, conducting preclinical or clinical trials, obtaining and maintaining regulatory approvals (including Marketing Approvals), marketing Licensed ProductsNDA Approval) for Product under this Agreement, or otherwise required by applicable law or regulationApplicable Law, provided, however, that if a Party is required by law or regulation Applicable Law to make any such disclosure of the other Party’s Confidential Information it will, except where impracticable for necessary disclosures (for example, in the event of medical emergency), give reasonable advance notice to the other Party of such disclosure requirement and, except to the extent inappropriate in the case of patent applications, will use its reasonable efforts [ * * *] to secure confidential treatment of such Confidential Information required to be disclosed; (iiic) in communication with existing and potential contractors, suppliers, CROs, investors, acquirers, consultants, advisors (including financial advisors, lawyers and accountants) and others on a need to know basis, in each case case, under appropriate confidentiality provisions and a written agreement substantially equivalent to those of this Agreement; or (ivd) to the extent mutually agreed to by the PartiesParties in writing.

Authorized Use and Disclosure. Each In addition to the rights granted in Article 5 each Party may use and disclose Confidential Information of the other Party as follows: (ia) under appropriate confidentiality provisions substantially equivalent to those in this Agreement, in connection with the performance of its Affiliates, employees, agents, consultants, and Third Party subcontractors who are under written obligations or exercise of rights granted confidentiality and non-use at least as stringent as those herein and who are performing activities pursuant to such Party in this Agreementthe Research Programs; (iib) complying with Applicable Laws, orders of a court, or the securities laws and regulations applicable to the extent such disclosure is reasonably necessary in filing for, prosecuting or maintenance public sale of Patents, copyrights and trademarks (including applications therefor) in accordance with this Agreement, complying with the terms of agreements with Third Parties, prosecuting or defending litigation, complying with applicable governmental regulations, filing for, conducting preclinical or clinical trials, obtaining and maintaining regulatory approvals (including Marketing Approvals), marketing Licensed Products, or otherwise required by applicable law or regulation, securities; provided, however, that if a Party is required by law Applicable Laws, orders of a court, or regulation rules of stock exchange to make any such disclosure of the other Party’s Confidential Information it willshall, except where impracticable for necessary disclosures (for example, in to the event of medical emergency)extent legally permissible and practicable, give reasonable advance notice to the other Party of such disclosure requirement and, except to the extent inappropriate in the case of patent applications, will shall use its reasonable efforts to secure confidential treatment of such Confidential Information required to be disclosed; (iiic) in communication such disclosure is reasonably necessary (i) to comply with existing the requirements of Regulatory Authorities with respect to obtaining and potential investors, consultants, advisors maintaining Regulatory Approval of a Licensed Product; or (including financial advisors, lawyers and accountantsii) and others on a need to know basis, in each case under appropriate confidentiality provisions substantially equivalent to those of for prosecuting or defending litigation as contemplated by this Agreement; or (ivd) to the extent mutually agreed to by the PartiesParties pursuant to Section 10.6(a).

Authorized Use and Disclosure. Each Party may use and disclose Confidential Information of the other Party as follows: (ia) under appropriate confidentiality provisions substantially equivalent to those in this Agreement, Agreement in connection with the performance of its obligations or exercise of rights granted to such Party in this Agreement; (iib) to the extent such disclosure is reasonably necessary in filing for, prosecuting or maintenance for the Prosecution of Patents, copyrights and trademarks Patents (including applications therefor) in accordance with this Agreement, complying with the terms of agreements with Third PartiesParties subject to appropriate confidentiality provisions consistent with those in this Agreement, prosecuting or defending litigation, complying with applicable governmental regulations, filing for, conducting preclinical or clinical trials, obtaining and maintaining regulatory approvals Regulatory Approvals (including Marketing Approvals), marketing the NDA Approval) for Licensed ProductsProduct under this Agreement, or otherwise required by applicable law Applicable Law or regulationany listing agreement with or rules of a national securities exchange, provided, however, that if a Party is required by law or regulation Applicable Law to make any such disclosure of the other Party’s Confidential Information it will, except where impracticable for necessary disclosures (for example, in the event of medical emergency), give reasonable advance notice to the other Party of such disclosure requirement and, except to the extent inappropriate in the case of patent applications, will use its reasonable efforts [***] to secure confidential treatment of such Confidential Information required to be disclosed; (iiic) in communication with existing and potential contractors, suppliers, CROs, investors, acquirers, consultants, advisors (including financial advisors, lawyers and accountants) and others on a need to know basis, in each case case, under appropriate confidentiality provisions and a written agreement substantially equivalent to those of this Agreement; or (ivd) to the extent mutually agreed to by the PartiesParties in writing.