Exceptions to Duty of Nondisclosure. (a) Notwithstanding Section 11.1 or any other provisions of this Agreement, nothing contained in this Agreement shall preclude Theravance from utilizing Confidential Information of Hospira as may be necessary in prosecuting the patent rights of Theravance pursuant to Article 9, obtaining Regulatory Approval(s), manufacturing Product pursuant to the terms and conditions of this Agreement, or complying with Applicable Laws or court orders (provided, however, that Theravance uses reasonable efforts to seek confidential treatment of such information, except as required to file and prosecute such patent applications).
Exceptions to Duty of Nondisclosure. Notwithstanding the above, nothing contained in this Agreement shall preclude (a) Genzyme from utilizing Confidential Information as may be necessary in prosecuting patent rights related to Project Inventions as set forth in pursuant Article 9; or (b) either Party from (i) obtaining governmental marketing approvals, (ii) manufacturing the Products pursuant to the terms and conditions of this Agreement, (iii) complying with other Applicable Laws (provided that the Party disclosing such Confidential Information uses reasonable efforts to seek confidential treatment of such Confidential Information, except as information included in any Project Invention patent applications), or (iv) corresponding with any Regulatory Authority in connection with this Agreement, or on any relevant matter. The obligations of the Parties relating to Confidential Information shall expire ten (10) years after the termination of this Agreement.
Exceptions to Duty of Nondisclosure. Notwithstanding the above, nothing contained in this Agreement shall preclude OBI or Hospira from utilizing Confidential Information as may be necessary in prosecuting patent rights of either party pursuant to Article 9, obtaining governmental marketing approvals, manufacturing the Products pursuant to the terms and conditions of this Agreement, or complying with other governmental laws and regulations or court orders (provided that the party disclosing such information uses reasonable efforts to seek confidential treatment of such information, except as required to file and prosecute such patent applications). The obligations of the parties relating to Confidential Information shall expire ten (10) years after the termination of this Agreement.
Exceptions to Duty of Nondisclosure. Notwithstanding the above, nothing contained in this Agreement shall preclude MediciNova from utilizing Confidential Information as may be necessary in prosecuting patent rights related to Product, obtaining governmental marketing approvals, or complying with other governmental laws and regulations or court orders (provided that the party disclosing such information uses reasonable efforts to seek confidential treatment of such information. The obligations of the parties relating to Confidential Information shall expire ten (10) years after the termination of this Agreement. In addition, if either party, based on the advice of its counsel, determines that this Agreement, or any of the other documents executed in connection herewith, must be filed with the Securities and Exchange Commission (“SEC”), then such party shall have the right to file this Agreement (or such other documents) with the SEC, provided that such party notifies the other party reasonably in advance of such filing and uses commercially reasonable efforts to obtain confidential treatment of the material terms and conditions of this Agreement (consistent with Applicable Law).
Exceptions to Duty of Nondisclosure. Notwithstanding Section 3, Recipient may disclose Confidential Information: (i) to his attorney or other confidential adviser; (ii) if required to do so pursuant to any law or regulation or; (iii) if ordered to do so by a court of competent jurisdiction; provided, however, Recipient shall immediately advise Congregation in advance of any such pending disclosure requirement in order for Congregation to have the opportunity to object to such compelled disclosure.
Exceptions to Duty of Nondisclosure. (a) Notwithstanding the above, nothing contained in this Agreement shall preclude Durata from utilizing Hospira’s Confidential Information in the following circumstances as may be necessary in prosecuting the patent and other Intellectual Property rights of Durata pursuant to Article 9, obtaining governmental regulatory approvals, manufacturing Product subject to the terms and conditions of this Agreement, or complying with applicable laws or court orders provided, however, that Durata uses reasonable efforts to seek confidential treatment of such information, except as required to file and prosecute such patent applications).
Exceptions to Duty of Nondisclosure. Notwithstanding the above, nothing contained in this Agreement shall preclude Company from utilizing Confidential Information as may be necessary in prosecuting patent rights related to Product, obtaining governmental marketing approvals, or complying with other governmental laws and regulations or court orders (provided that the Party disclosing such information uses reasonable efforts to seek confidential treatment of such information). The obligations of the Parties relating to Confidential Information shall expire ten (10) years after the termination of this Agreement. In addition, if either Party, based on the advice of its counsel, determines that this Agreement, or any of the other documents executed in connection herewith, must be filed with the Securities and Exchange Commission, then such Party shall have the right to file this Agreement (or such other [***] Confidential portions of this document have been redacted and filed separately with the Securities and Exchange Commission documents) with the Securities and Exchange Commission, provided that such Party notifies the other Party reasonably in advance of such filing and uses commercially reasonable efforts to obtain confidential treatment of the material terms and conditions of this Agreement (consistent with Applicable Law).
Exceptions to Duty of Nondisclosure. Notwithstanding the above, nothing contained in this Agreement shall preclude Company or Hospira from utilizing Confidential Information as may be necessary in prosecuting patent rights of either party pursuant to Article 9, obtaining governmental marketing approvals, manufacturing Product pursuant to the terms and conditions of this Agreement, or complying with other governmental laws and regulations or court orders (provided that the party disclosing such information uses reasonable efforts to seek confidential treatment of such information, except as required to file and prosecute such patent applications). Hospira shall be permitted to disclose Confidential Information of Company to Third Party developmental and analytical services providers in connection with performance of Hospira’s obligations hereunder provided such providers shall be subject to confidentiality agreements with provisions at least as protective as the terms and conditions set forth herein. Company shall be permitted to disclose Confidential Information of Hospira [ * ] provided such Third Parties shall be subject to confidentiality agreements with provisions at least as protective as the terms and conditions set forth herein. The obligations of the parties relating to Confidential Information shall expire ten (10) years after the termination of this Agreement. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Exceptions to Duty of Nondisclosure. Notwithstanding the above, nothing contained in this Agreement shall preclude Company or Hospira from utilizing Confidential Information as may be necessary in prosecuting patent rights or obtaining governmental marketing approvals, or shall preclude either party from manufacturing Product pursuant to the terms and conditions of this Agreement, or complying with other governmental laws and regulations or court orders (provided that the party disclosing such information has notified the other party, unless such notice is prohibited by law, of such law, regulation or court order, as applicable, requiring such disclosure so that the other party shall have the opportunity to apply for confidential treatment of such Confidential Information. The obligations of the parties relating to Confidential Information and Project Information shall expire ten (10) years after the termination of this Agreement.
Exceptions to Duty of Nondisclosure. Notwithstanding the above, nothing contained in this Agreement shall preclude Revance from utilizing Confidential Information as may be necessary in prosecuting the patent rights of Revance pursuant to Article 8, obtaining governmental regulatory approvals, manufacturing Product pursuant to the terms and conditions of this Agreement, or complying with Applicable Laws or court orders (provided that the party disclosing such information uses reasonable efforts to seek confidential treatment of such information, except as required to file and prosecute such patent applications), or exercising its other express rights in this Agreement. The obligations of the parties relating to Confidential Information shall expire ten (10) years after the termination of this Agreement.
