Confidentiality Publications. During the term of this Agreement, and for a period of five (5) years thereafter, each party will maintain in confidence all confidential Background Intellectual Property and Project Intellectual Property of a party, as well as all other Confidential Information of a party disclosed by that party to the other in connection with this Project. Neither party will use, disclose or grant use of such Confidential Information except as required to perform under this Agreement. Each party will use at least the same standard of care as it uses to protect its own Confidential Information to insure that students, interns, employees, agents and consultants do not disclose or make any unauthorized use of such Confidential Information. Any student, intern, employee, agent or consultant of the receiving party must be notified of the restrictions on the use of the disclosing party’s Confidential Information and must agree with those restrictions before being allowed access to the Confidential Information. Each party will promptly notify the other upon discovery of any unauthorized use or disclosure of the Confidential Information. Either party may publish its results from this project. However, the publishing party will provide the other party a thirty (30) day period in which to review proposed publications, identify proprietary or confidential information, and submit comments. The publishing party will not publish or otherwise disclose proprietary or confidential information in accordance with the procedures described in this article 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 sixty (60) 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 Publications. RECIPIENT agrees to treat in confidence, for a period of three (3) years from the date of its disclosure, any of BEI Resources’ or CONTRIBUTOR’s written information about MATERIAL that is stamped “CONFIDENTIAL” except for information that was previously known to RECIPIENT or that is or becomes publicly available or which is disclosed to RECIPIENT without a confidentiality obligation. Any oral disclosures from BEI RESOURCES or CONTRIBUTOR shall be identified as confidential by notice delivered to RECIPIENT within ten (10) days after the date of oral disclosure. RECIPIENT may publish or otherwise publicly disclose the results of the work with MATERIAL, but if RECIPIENT received confidential information from BEI Resources or CONTRIBUTOR, then only after the source of the confidential information has had thirty (30) days to review the proposed disclosure to determine whether it includes any CONFIDENTIAL information, except when a shortened time period under court order of the Freedom of Information Act, 5 U.S.C.§ 552, pertains. RECIPIENT agrees to provide a copy of all publications relating to MATERIAL or MODIFICATIONS to ATCC for deposit into BEI Resources. In all publications and patent applications that reference MATERIAL or MODIFICATIONS, RECIPIENT agrees to acknowledge BEI Resources and the BEI Resources catalog numbers if applicable, and any CONTRIBUTOR indicated through BEI Resources as the source of ORIGINAL MATERIAL. RECIPIENT agrees that ATCC may inform CONTRIBUTOR of RECIPIENT’S identity if required to do so by law, by CONTRIBUTOR, or if MATERIAL is subject to an issued patent.
Confidentiality Publications. 6.1 [Party] will treat any and all information and material communicated or transferred to it by [CERES/IGER] pursuant to this Agreement (including but not limited to the CERES/IGER Plant Material) and any Results (including without limitation any progeny, plants, seeds, parts of plants, plant material, or products obtained directly or indirectly from the Plant Material) as strictly confidential and will not use the same for any purpose other than as expressly allowed by this Agreement nor disclose or transfer the same to any third party other than its employees or staff members necessary to carry out the Program and bound by appropriate secrecy and non-use undertakings consistent with [Party’s] obligations under this Agreement.
Confidentiality Publications. (a) The parties do not intend to disclose to each other confidential information during the performance of this Agreement. However, if at any anytime a party desires to disclose confidential information to the other party, then the parties will at such time enter into a mutual non-disclosure agreement, in form mutually agreed by the parties. Accordingly, all information regarding Xxxxxxx provided by Baxter to Buyer, and information otherwise available to Buyer from third party sources, may be used by Buyer in its submissions to regulatory authorities.
Confidentiality Publications. 18 7.1 Confidentiality; Exceptions..................................................18
Confidentiality Publications. A. Any proprietary or confidential information of a Party, disclosed by that Party to the other in connection with this SBIR 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 receiving Party to others, provided that the receiving Party has notice that such information is regarded by the disclosing Party as proprietary or confidential.
Confidentiality Publications. RECIPIENT agrees to treat in confidence any of ATCC®’s, the IRR’s or CONTRIBUTOR’s information about MATERIAL that is by its nature reasonably expected to be confidential or proprietary, except for information that (i) was previously known to RECIPIENT, (ii) that is or becomes publicly available other than as a result of a breach of a confidentiality obligation, (iii) that is independently developed by RECIPIENT without the aid or benefit of such disclosed information, or (iv) that is required to be disclosed by a court of competent jurisdiction. RECIPIENT may publish or otherwise publicly disclose the results of the work with MATERIAL or MODIFICATIONS but if RECIPIENT received confidential information from CDC, ATCC® or CONTRIBUTOR, then only after the source of the confidential information has had ninety (90) days to review the proposed disclosure to determine whether it includes any Confidential information, except when a shortened time period under court order of the Freedom of Information Act, 5 U.S.C.§ 552, pertains. RECIPIENT agrees to provide a reference of all publications relating to ORIGINAL MATERIAL and MODIFICATIONS to the IRR. Acknowledgment of the use of PIP BIOLOGICAL MATERIAL should adhere to the PIP framework (xxxx://xxxxxxxxx.xxx.xxx/publications/2011/9789241503082_eng.pdf). RECIPIENT agrees that ATCC® may inform CONTRIBUTOR of RECIPIENT’S identity if required to do so by law, by CONTRIBUTOR, or if MATERIAL or PIP BIOLOGICAL MATERIAL is subject to an issued patent.
Confidentiality Publications. 10.1 The Parties undertake to keep secret, pursuant to the conditions listed below, information belonging to one of the Parties, which will be communicated within the scope of the Agreement or of a Specific Agreement.
Confidentiality Publications. RECIPIENT agrees to treat in confidence, for a period of three (3) years from the date of its disclosure, any of FR3’s or CONTRIBUTOR’s written information about MATERIAL that is stamped “CONFIDENTIAL” except for information that was previously known to RECIPIENT or that is or becomes publicly available or which is disclosed to RECIPIENT without a confidentiality obligation. Any oral disclosures from FR3 or CONTRIBUTOR shall be identified as confidential by notice delivered to RECIPIENT within ten (10) days after the date of oral disclosure. RECIPIENT may publish or otherwise publicly disclose the results of the work with MATERIAL. However, if RECIPIENT received CONFIDENTIAL information from FR3 or CONTRIBUTOR, then only after the source of the CONFIDENTIAL information has had thirty
Confidentiality Publications. 13.1. Each Party (the “Receiving Party”) will keep any information and material or part thereof received from the other Party (the “Disclosing Party”) or accrued by the Receiving Party pursuant to this Agreement (including development reports) strictly confidential and will not disclose same to any other party, except to those employees or consultants of the Receiving Party or its Affiliates (with respect to LICENSEE) to whom it will be strictly necessary to grant access thereto for the purpose referred to in this Agreement, and who have executed undertakings securing their compliance with this Agreement. However, the foregoing confidentiality obligations shall not apply to information or material which: • was in the Receiving Party’s and/or its Affiliates’ (with respect to LICENSEE) possession and at its free disposal prior to disclosure by the Disclosing Party as evidenced by written records then in the possession of the Receiving Party; or • was in the public domain at the time of disclosure by the Disclosing Party; or • subsequently comes into the public domain through no fault, action or omission of the Receiving Party; or • becomes available to Receiving Party without any obligation of confidence from a third party having the right to transmit same; • is required to be disclosed in order to permit commercialization activities in accordance with the license granted by SENESCO pursuant to Article 4.1.; • is developed independently by the Receiving Party without reference to the Disclosing Party’s information or material.
