Prior CDA. This Agreement supersedes the Confidentiality Agreement between the Parties dated as of February 18, 2020 (the “Prior CDA”) with respect to information disclosed thereunder. All information or materials disclosed or provided by a Party or its Affiliates to the other Party (or its representatives) under the Prior CDA shall be deemed Confidential Information of such Party (subject to the exceptions set forth herein).
Prior CDA. The Parties are parties to that certain Initial Suspension Technology Confidentiality Agreement dated May 16, 2011 (the “Prior CDA”). As of the Effective Date of this Agreement, the Prior CDA is hereby terminated in its entirety and all Confidential Information (as defined in the Prior CDA) disclosed by Neos to CPI pursuant to the Prior CDA shall constitute Neos Confidential Information under this Agreement.
Prior CDA. This Agreement supersedes the Mutual Non-Disclosure Agreement between Cytokinetics and Ji Xing’s Affiliate, Ji Xing Pharmaceuticals (Shanghai) Co., Ltd., dated [*] (the “Prior CDA”) with respect to information disclosed thereunder. All information exchanged between the Parties under the Prior CDA shall be deemed Confidential Information of the disclosing Party and shall be subject to the terms of this Article 11. This Section 11.6 is without prejudice to any accrued rights under the Prior CDA and shall not be deemed to have released or discharged any accrued liabilities of any Party under the Prior CDA.
Prior CDA. The Parties acknowledge and agree that any and all information exchanged or otherwise disclosed, and discussions, between themselves prior to the Effective Date shall remain subject, to the extent applicable, to the terms and conditions of the Prior CDA. Information exchanged or otherwise disclosed, and discussions, between the Parties following the Effective Date under or related to this Agreement or its subject matter shall be subject to the terms and conditions of this Agreement and not the Prior CDA. Furthermore, the Parties hereby acknowledge and agree that this Agreement constitutes an amendment to the Prior CDA (which satisfies the requirements of Section 13 of the Prior CDA), which amendment provides for the Parties to be able to mutually agree to terminate the Prior CDA immediately, and the Parties hereby agree that, without limiting the provisions thereof that survive termination thereof, the Prior CDA shall be deemed terminated as of the Effective Date.
Prior CDA. This Agreement supersedes the Prior CDA and information disclosed by any Party prior to the Effective Date that would be Confidential Information (as defined in the Prior CDA) under and subject to the terms and conditions of the Prior CDA shall be deemed to be Confidential Information under this Agreement and shall be subject to and governed by the terms and conditions of this Agreement.
Prior CDA. This Agreement supersedes that certain Confidentiality Agreement between LBIO and MD Axxxxxxx, dated July 22, 2016 (“Prior CDA”), which is hereby terminated; provided, however, that all information disclosed or received by the Parties under the Prior CDA will be deemed Confidential Information hereunder (to the extent applicable) and will be subject to the terms and conditions of this Agreement. The Parties agree that this Agreement provides the written notice required for termination of the Prior CDA pursuant to Section 6.8 of the Prior CDA.
Prior CDA. As of the Effective Date all Confidential Information (as that term is defined in the Prior CDA) exchanged between the Parties and their Affiliates under the Prior CDA with respect to uniQure’s heart failure program referred to in Schedule A of the Prior CDA shall be deemed Information exchanged under this Agreement, shall be subject to the terms and conditions of this Agreement, and shall no longer be subject to the terms and conditions of the Prior CDA. uniQure and BMS agree that, as of the Effective Date, the Prior CDA is terminated and superseded by this Agreement with respect to such Confidential Information with respect to uniQure’s heart failure program referred to in Schedule A of the Prior CDA. The Prior CDA shall remain in effect and shall apply to all other Confidential Information (as that term is defined in the Prior CDA) exchanged between the Parties under the Prior CDA, including Confidential Information with respect to uniQure’s hemophilia program that is referenced in Schedule A of the Prior CDA.
Prior CDA. This Agreement supersedes the Confidentiality Agreement between the Parties dated [ ] (the “Prior CDA”) with respect to information disclosed thereunder, provided that, notwithstanding anything to the contrary, the standstill restrictions in Section 6 of the Prior CDA shall remain in effect in accordance with the terms therein. All information disclosed by a Party or its Affiliate under the Prior CDA shall be deemed Confidential Information of such Party under this Agreement and shall be subject to the terms of this Article 7.
Prior CDA. This Agreement supersedes the Confidentiality Agreement signed between Astellas and Maxygen effective [****] between the Parties (the “Prior CDA”) with respect to information disclosed thereunder. All information exchanged between the Parties under the Prior CDA shall be deemed Confidential Information of the disclosing Party and shall be subject to the terms of this Article 11.
Prior CDA. This Agreement supersedes the Mutual Confidentiality and Non-Use Agreement between the Parties dated October 12, 2015 (the “Prior CDA”) with respect to information disclosed thereunder. All information exchanged between the Parties under the Prior CDA shall be deemed Confidential Information of the disclosing Party and shall be subject to the terms of this Article 11. [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
