Confidentiality Publication Clause Samples
The CONFIDENTIALITY; PUBLICATION clause serves to protect sensitive information exchanged between parties by restricting disclosure and controlling the release of information to the public. Typically, this clause outlines what information must be kept confidential, the obligations of each party to prevent unauthorized sharing, and the procedures for any permitted disclosures, such as with prior written consent or as required by law. Its core function is to safeguard proprietary or non-public information, thereby preventing competitive harm or reputational damage that could result from premature or unauthorized publication.
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Confidentiality Publication. (a) Background Intellectual Property and Project Intellectual Property of a party, as well as other proprietary or confidential information of a party, disclosed by that party to the other in connection with this STTR project shall be received and held in confidence by the receiving party and, except with the consent of the disclosing party or as permitted under this Agreement, neither used by the receiving party nor disclosed by the receiving party to others, provided that the receiving party has notice that such information is regarded by the disclosing party as proprietary or confidential. However, these confidentiality obligations shall not apply to use or disclosure by the receiving party after such information is or becomes known to the public without breach of this provision or is or becomes known to the receiving party from a source reasonably believed to be independent of the disclosing party or is developed by or for the receiving party independently of its disclosure by the disclosing party.
(b) Subject to the terms of paragraph (a) above, either party may publish its results from this STTR project. However, the publishing party shall provide the other party a thirty-day period in which to review proposed publications, identify proprietary or confidential information, and submit comments. The publishing party shall not publish or otherwise disclose proprietary or confidential information identified by the other party and the publishing party will give full consideration to all comments before publication. Furthermore, upon request of the reviewing party, publication will be deferred for up to _____ additional days for preparation and filing of a patent application which the reviewing party has the right to file or to have filed at its request by the publishing party.
Confidentiality Publication. 5.1 Subject to Clause 5.5, each Party shall keep confidential and not disclose to any third party (other than the Experts, Contributors, Ethics Committee, Regulatory Authority, and staff involved in carrying out the Clinical Trial on a need to know basis) any Confidential Information disclosed to it by another Party (the “Disclosing Party”) without the prior written consent of the Disclosing Party. For the avoidance of doubt, the Charity shall be permitted to disclose Confidential Information disclosed to it to CRT and CRT shall be permitted to disclose Confidential Information disclosed to it to the Charity. Any party to whom Confidential Information is disclosed in accordance with this Clause 5.1 shall be:
5.1.1 subject to no less onerous obligations than those contained in this Clause 5 to keep such information confidential; and
5.1.2 advised of its confidential nature.
5.2 The obligations of confidence referred to in Clause 5.1 shall not apply to any part of the Confidential Information which can be proved by evidence in writing:
5.2.1 was known to the recipient Party (the “Recipient Party”) before its disclosure by the Disclosing Party;
5.2.2 was available to the public before that date or was otherwise in the public domain;
5.2.3 becomes available to the public or enters the public domain after that date otherwise than as a result of an act or default of the Recipient Party;
5.2.4 is received by the Recipient Party from a third party not bound to the Disclosing Party by any obligation of secrecy;
5.2.5 is independently developed or generated by the Recipient Party in circumstances where it has not been derived directly or indirectly from the Disclosing Party’s Confidential Information; or
5.2.6 is required to be disclosed by: (i) any law or statute or any rule or regulation of any Regulatory Authority or other government or administrative agency or authority, (ii) a Regulatory Authority; or (iii) an order of any court, provided however, that in each such event the Recipient Party required to disclose the Confidential Information shall give prompt notice to the Disclosing Party of such requirement so that such Disclosing Party may seek a protective order or other appropriate remedy to the extent of such disclosure. Confidential Materials Omitted and Filed Separately with the Securities and Exchange Commission Pursuant to a Request for Confidential Treatment under Rule 24b-2 of the Exchange Act of 1934, as amended. Confidential Portions are marked: [**...
Confidentiality Publication. 24 11.1 Confidentiality.....................................................................24 11.2 Exceptions..........................................................................24 11.3
Confidentiality Publication. 4.1 Except as otherwise required by law or court order, during the validity of this Agreement and for a period of five (5) years thereafter, ▇▇. ▇▇▇▇▇▇▇▇▇ shall keep in strict confidence all scientific, business and other information received from CLEMENTIA or obtained or elaborated in connection with ▇▇. ▇▇▇▇▇▇▇▇▇’▇ consultant services under this Agreement (“Confidential Information”). ▇▇. ▇▇▇▇▇▇▇▇▇ will take all reasonable steps to maintain the confidentiality of the Confidential Information, will not, without the prior written consent of CLEMENTIA, disclose the Confidential Information to any third party nor use the Confidential Information for any purpose other than rendering the services hereunder in accordance with the provisions hereof to the benefit of CLEMENTIA, provided that ▇▇. ▇▇▇▇▇▇▇▇▇ will not have any obligation to CLEMENTIA with respect to information which:
a) is general public knowledge or becomes general public knowledge through no fault of ▇▇. ▇▇▇▇▇▇▇▇▇;
Confidentiality Publication. The confidentiality provisions of the Collaboration Agreement, including section 5, “Confidentiality” shall apply to this Human Laboratory Services Agreement including the Scope of Work and the performance of the Clinical Trial Laboratory Services. Provider shall have the right to publish aggregated data and results that compare concordance between pre-birth testing and post-birth testing; provided, however, that Provider shall provide Company the opportunity to review any proposed publication or other proposed disclosure describing said concordance data and results [***] days prior to submission for publication or other proposed disclosure; and provided, further, that at least [***] months have elapsed since the Company completed the Study. Company shall have the right to approve any portion of the publication that includes information on Nipocalimab or the Study. If Company believes patentable subject matter is disclosed in Provider’s proposed publication or other disclosure and so notifies Provider, the proposed publication will be withheld for a reasonable period of time not to exceed [***] days to permit Company to prepare and file the relevant patent applications. If Company notifies Provider that Company Confidential Information is disclosed in the proposed publication or other disclosure, Provider shall remove such Company Confidential Information prior proceeding with publication or other disclosure.
Confidentiality Publication. 17 10.1 Confidentiality.................................................17
Confidentiality Publication. (a) Background Intellectual Property of a Party and other proprietary or confidential information of a Party disclosed by that Party to the other in connection with the Project shall be received and held in confidence by the receiving Party and, except with the consent of the disclosing Party or as permitted under a future agreement between the Parties, shall neither be used by the receiving Party nor disclosed by the receiving Party to others. These confidentiality obligations shall not apply to use or disclosure of information by the receiving Party after such information is or becomes known to the public without breach of this provision or is or becomes known to the receiving Party from a source reasonably believed to be independent of the disclosing Party or is developed by or for the receiving Party independently of its disclosure by the disclosing Party. Notwithstanding the foregoing, Project Intellectual Property shall be deemed confidential information of UAS that is disclosed by UAS to COMPANYABC in connection with the Project.
(b) The Parties agree that researchers engaged in the Project on behalf of UAS and/or COMPANYABC will be permitted to present at symposia, national, or regional professional meetings, and to publish in journals, theses or dissertations, or otherwise of their own choosing, methods and results of the Project, provided, however, that both Parties shall have been furnished copies of any proposed publication or presentation at least thirty (30) calendar days in advance of the submission of such proposed publication or presentation to a journal, editor, or other third party.
(c) Each Party shall have thirty (30) calendar days after receipt of said copies to notify the other that the proposed publication or presentation contains the notifying Party’s proprietary or confidential information. The other Party’s researcher(s) shall not, after receipt of such notification, have the right to proceed with planned publication or presentation without first removing the proprietary or confidential information of the notifying Party that was identified in such notification.
Confidentiality Publication. Section 28.01. Except as may be required by law or as may be necessary to effectuate the contemplated transaction or except as set forth below, each of the Contributors, the REIT and the Partnership, individually and on behalf of their representatives, agree that they and their respective representatives shall hold both the terms and conditions of this Agreement and its existence as confidential information and will not disclose such terms, conditions or existence or the fact that the negotiations are taking place, to any third party without the other's consent; provided, however, that the parties hereto may share such information with their advisors and prospective lenders or investors (it being understood that any such party shall send an advance copy of any announcement to the other parties) and that ROP may share any such information with Matrix. This Section shall constitute a binding and enforceable agreement under applicable law.
Confidentiality Publication. Licensee shall ensure that its employees and those of its Affiliates and Sub-licensees who have access to any Technical Information of Licensor agree in writing to be bound by appropriate confidentiality and non-use obligations which are no less stringent than those imposed on Licensee hereunder.
Confidentiality Publication. In the course of preparing, settling or performing the Contract, Sequani and its employees may be exposed to material and information which is confidential and belongs to The Customer (“The Customer Confidential Information”). All information regarding Sequani's operations, including but not limited to Sequani Property, disclosed to The Customer in connection with a Study or discussions thereof is confidential information belonging to Sequani Limited ("Sequani Confidential Information"), and together with The Customer Confidential Information, the ("Confidential Information"). The Confidential Information shall be used by the receiving party and its employees only for purposes of performing the receiving party's obligations hereunder. Each party agrees that it will use all reasonable commercial efforts not to reveal, publish or otherwise disclose the Confidential Information of the other party to any third party without the prior written consent of the disclosing party, provided that the foregoing obligations shall not apply to Confidential Information which: (a) is or becomes generally available to the public other than as a result of a disclosure by the receiving party; (b) becomes available to the receiving party on a non-confidential basis from a source which is not prohibited from disclosing such information by a legal, contractual or fiduciary obligation to the disclosing party; (c) the receiving party develops independently of any disclosure by the disclosing party; (d) was in the receiving party's possession or known to the receiving party prior to its receipt from the disclosing party; or (e) is required by law to be disclosed. This obligation of confidentiality and non- disclosure shall remain in effect for a period of five years after the completion or earlier termination of the Contract (whichever is sooner). Publication by The Customer of any information or document relating to or arising as a result of the provision of the Contract (with the exception of information or reports submitted to a competent regulatory authority) shall not without the prior written consent of Sequani directly or indirectly identify or otherwise refer to Sequani in connection therewith and, in particular, no reference shall be made to Sequani in connection with any conclusion or opinion of The Customer and no report or extract from such a report or reference to Sequani shall be used to endorse or imply approval of any product of The Customer or the use or proposed us...
