Common use of Publications and Announcements Clause in Contracts

Publications and Announcements. Except as otherwise permitted under this Agreement or as required by law, regulation, or court order, each Party agrees not to publish any Confidential Information received from the other Party. Except as required by law, regulation or court order, each Party agrees that, without obtaining the other Party's prior written approval for any publication or any presentation, which shall not be unreasonably withheld, such Party shall not publish or present (i) any Confidential Information generated by either Party related to the development or commercialization of Licensed Product, or (ii) the results of any clinical trial studies or non-clinical studies or investigations carried out by either Party related to the development of Licensed Product. At least sixty (60) days prior to any such publication or presentation, the Party seeking to publish such information (the "Publishing Party") shall provide the other Party with a copy of the proposed abstract, manuscript or presentation (including, without limitation information to be presented verbally) for review. The other Party shall respond in writing to the Publishing Party within such time period with either approval of the proposed material or a specific statement of (a) concern based upon the need to seek patent protection, (b) concern regarding competitive disadvantage arising from the proposal, or (c) concern regarding the timing and circumstances of such disclosure in light of the other Party's business. In the event that the other Party has concerns about disclosure of Confidential Information, the Publishing Party agrees to provide the other Party with any additional information relating to the proposed disclosure, as reasonably requested. In the event of concern relating to patent protection, the Publishing Party agrees not to submit such abstract or manuscript for publication or to make such presentation until the other Party has had a reasonable period of time to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues, such period not to exceed sixty (60) additional days. In the event of concern regarding competitive disadvantage or the timing and other circumstances relevant to the disclosure, the Parties will negotiate in good faith to attempt to arrive at a compromise to permit the Publishing Party an opportunity to publish or present the disclosure within a reasonable period of time. The Publishing Party also agrees to delete from any such abstract or manuscript or presentation any Confidential Information that the other Party reasonably believes has commercial value based upon the secrecy of such information. Once approval for a publication or presentation has been granted, the Publishing Party shall be entitled to use information contained in such publication or presentation after the date of its publication or presentation without seeking further approval. It is understood that general comments made by either Party relating to the relationship between the Parties established by this Agreement, including, for example, general comments made in response to inquiries at professional meetings and other similar circumstances, are not intended to be restricted by the provisions of this Article 11 provided that such information has been disclosed to the public previously or cleared for such disclosure by the non-disclosing Party. It is understood further that Confidential Information may be disclosed by either Party to Third Parties bound by non-disclosure agreements to the extent such Confidential Information (1) is not specific to the Licensed Product and (2) is disclosed in relation to matters outside the Parties' collaboration efforts with respect to Licensed Product. Prior to any such disclosure, the disclosing Party will provide such disclosures to the other Party for such Party's approval, which shall not be unreasonably withheld.

Appears in 4 contracts

Samples: Supply Agreement (Ym Biosciences Inc), Supply Agreement (Cancervax Corp), Manufacturing and Supply Agreement (Cancervax Corp)

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Publications and Announcements. Except as otherwise permitted under this Agreement or as required by law, regulation, or court order, each The Receiving Party agrees not to publish any Confidential Information received from of the Disclosing Party without the latter’s consent, and each Party agrees not to publish any information related to an Invention not already protected by a Patent Rights without the consent of the other Party. Except as required by law, regulation or court order, each Party agrees that, without obtaining the other Party's prior written approval for any publication or any presentation, which shall not be unreasonably withheld, such Party shall not publish or present (i) any Confidential Information generated by either Party related to the development or commercialization of Licensed Product, or (ii) the results of any clinical trial studies or non-clinical studies or investigations carried out by either Party related to the development of Licensed Product. At least sixty thirty (6030) days prior to any such publication or presentation, the Party seeking proposing to publish such information (the "Publishing Party") or present any Invention or Confidential Information shall provide the other Party with a copy of the proposed abstract, manuscript or presentation (including, without limitation information to be presented verbally) for review. The other Party shall respond in writing to the Publishing Party within such time period with either approval of the proposed material or a specific statement of (a) concern based upon the need to seek patent protection, (b) concern regarding competitive disadvantage arising from the proposal, or (c) concern regarding the timing and circumstances of such disclosure in light of the other such Party's ’s business. In the event that the other Party has concerns about the disclosure of Inventions or Confidential Information, the Publishing Party proposing to publish agrees to provide the such other Party with any additional information relating to the proposed disclosure, as reasonably requestedrequested by such other Party. In the event of concern relating to patent protection, the Publishing Party proposing to publish agrees not to submit such abstract or manuscript for publication or to make such presentation until the other Party has had a reasonable period of time to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues, such period not to exceed sixty six (606) additional daysmonths. In the event of concern regarding competitive disadvantage or the timing and other circumstances relevant to the disclosure, the Parties will negotiate in good faith to attempt to arrive at a compromise to permit the Publishing Party proposing to publish an opportunity to publish or present the disclosure within a reasonable period of time. The Publishing Party proposing to publish also agrees to delete from any such abstract or manuscript or presentation any Confidential Information of the other Party that the such other Party reasonably believes has commercial value based upon the secrecy of such information. Once approval for a publication or presentation has been granted, the Publishing relevant Party shall be entitled to use information contained in such publication or presentation after the date of its publication or presentation without seeking further approval. It is understood that general comments made by either a Party relating to the relationship between the Parties SERVIER and INTERCEPT established by this Agreement, including, for example, general comments made in response to inquiries at professional meetings and other similar circumstances, are not intended to be restricted by the provisions of this Article 11 6 provided that such information has been disclosed to the public previously or cleared for such disclosure by the non-disclosing other Party. It is understood further that Confidential Information may be disclosed page 39 of 67 Portions of this Exhibit, indicated by either Party to Third Parties bound by non-disclosure agreements the xxxx “[***],” were omitted and have been filed separately with the Secretary of the Commission pursuant to the extent such Confidential Information (1) is not specific Registrant’s application requesting confidential treatment pursuant to Rule 406 of the Licensed Product and (2) is disclosed in relation to matters outside the Parties' collaboration efforts with respect to Licensed Product. Prior to any such disclosureSecurities Act of 1933, the disclosing Party will provide such disclosures to the other Party for such Party's approval, which shall not be unreasonably withheldas amended.

Appears in 1 contract

Samples: And Commercialization Agreement (Intercept Pharmaceuticals Inc)

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Publications and Announcements. Except as otherwise permitted under this Agreement or as required by law, regulation, or court order, each The Receiving Party agrees not to publish any Confidential Information received from of the Disclosing Party without the latter’s consent, and each Party agrees not to publish any information related to an Invention not already protected by a Patent Rights without the consent of the other Party. Except as required by law, regulation or court order, each Party agrees that, without obtaining the other Party's prior written approval for any publication or any presentation, which shall not be unreasonably withheld, such Party shall not publish or present (i) any Confidential Information generated by either Party related to the development or commercialization of Licensed Product, or (ii) the results of any clinical trial studies or non-clinical studies or investigations carried out by either Party related to the development of Licensed Product. At least sixty thirty (6030) days prior to any such publication or presentation, the Party seeking proposing to publish such information (the "Publishing Party") or present any Invention or Confidential Information shall provide the other Party with a copy of the proposed abstract, manuscript or presentation (including, without limitation information to be presented verbally) for review. The other Party shall respond in writing to the Publishing Party within such time period with either approval of the proposed material or a specific statement of (a) concern based upon the need to seek patent protection, (b) concern regarding competitive disadvantage arising from the proposal, or (c) concern regarding the timing and circumstances of such disclosure in light of the other such Party's ’s business. In the event that the other Party has concerns about the disclosure of Inventions or Confidential Information, the Publishing Party proposing to publish agrees to provide the such other Party with any additional information relating to the proposed disclosure, as reasonably requestedrequested by such other Party. In the event of concern relating to patent protection, the Publishing Party proposing to publish agrees not to submit such abstract or manuscript for publication or to make such presentation until the other Party has had a reasonable period of time to seek patent protection for any material in such publication or presentation which it believes is patentable or to resolve any other issues, such period not to exceed sixty six (606) additional daysmonths. In the event of concern regarding competitive disadvantage or the timing and other circumstances relevant to the disclosure, the Parties will negotiate in good faith to attempt to arrive at a compromise to permit the Publishing Party proposing to publish an opportunity to publish or present the disclosure within a reasonable period of time. The Publishing Party proposing to publish also agrees to delete from any such abstract or manuscript or presentation any Confidential Information of the other Party that the such other Party reasonably believes has commercial value based upon the secrecy of such information. Once approval for a publication or presentation has been granted, the Publishing relevant Party shall be entitled to use information contained in such publication or presentation after the date of its publication or presentation without seeking further approval. It is understood that general comments made by either a Party relating to the relationship between the Parties SERVIER and INTERCEPT established by this Agreement, including, for example, general comments made in response to inquiries at professional meetings and other similar circumstances, are not intended to be restricted by the provisions of this Article 11 6 provided that such information has been disclosed to the public previously or cleared for such disclosure by the non-disclosing other Party. It is understood further that Confidential Information may be disclosed Portions of this Exhibit, indicated by either Party to Third Parties bound by non-disclosure agreements the mxxx “[***],” were omitted and have been filed separately with the Secretary of the Commission pursuant to the extent such Confidential Information (1) is not specific Registrant’s application requesting confidential treatment pursuant to Rule 406 of the Licensed Product and (2) is disclosed in relation to matters outside the Parties' collaboration efforts with respect to Licensed ProductSecurities Act of 1933, as amended. Prior to any such disclosure, the disclosing Party will provide such disclosures to the other Party for such Party's approval, which shall not be unreasonably withheld.page 40 of 58 110717/BCN/GG

Appears in 1 contract

Samples: License and Commercialization Agreement (Intercept Pharmaceuticals Inc)

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