Common use of Exceptions of Confidential Disclosures Clause in Contracts

Exceptions of Confidential Disclosures. Notwithstanding the foregoing of this Article 10, the Parties may use and disclose any confidential information related to the Patent Rights to BAT Affiliates (if BAT) or 22nd Century Affiliates (if 22nd Century) and their potential sublicensees, prospective investors, employees, consultants and agents with a need to know, collaborators, prospective collaborators and other third parties in the chain of growing, manufacturing and distributing Licensed Products, but if and only if the applicable party obtains from each such recipient a written confidentiality agreement, the provisions of which are at least as protective of 22nd Century’s confidential information as those provided in this Article 10.

Exceptions of Confidential Disclosures. Notwithstanding the foregoing of this Article 10, the Parties may use and disclose any confidential information related to the Patent Rights to BAT Affiliates (if BAT) or 22nd Century Affiliates (if 22nd Century), to (if BAT or a BAT Affiliate) and their BAT Suppliers, or to potential sublicensees, prospective investors, employees, consultants and agents with a need to know, collaborators, prospective collaborators and other third parties in the chain of growing, manufacturing and distributing Licensed Products, but if and only if the applicable party obtains from each such recipient a written confidentiality agreement, the provisions of which are at least as protective of 22nd Century’s confidential information as those provided in this Article 10.