Common use of Technical Publication Clause in Contracts

Technical Publication. Neither Party may publish peer reviewed manuscripts, or give other forms of public disclosure such as abstracts and presentations, of results of studies carried out under the Inhaled Plan, without the opportunity for prior review by the other Party, except to the extent required by applicable Laws. A Party seeking publication shall provide the other Party the opportunity to review and comment on any proposed publication that contains the results of studies carried out under the Inhaled Plan at least sixty (60) days prior to its intended submission for publication; provided, that Liquidia shall not have the right to publish any information or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consent. The other Party shall provide the Party seeking publication with its comments in writing, if any, within thirty (30) days after receipt of such proposed publication. The Party seeking publication shall consider in good faith any comments thereto provided by the other Party and shall comply with the other Party’s request to remove any and all of such other Party’s Confidential Information from the proposed publication. In addition, the Party seeking publication shall delay the submission for a period up to sixty (60) days after the other Party’s receipt of the proposed publication in the event that the other Party can demonstrate reasonable need for such delay, including the preparation and filing of a patent application. If the other Party fails to provide its comments to the Party seeking publication within such thirty (30) day period, such other Party shall be deemed not to have any comments, and the Party seeking publication shall be free to publish in accordance with this Section 14.3 after the sixty (60) day period has elapsed. The Party seeking publication shall provide the other Party a copy of the manuscript at the time of the submission. Each Party agrees to acknowledge the contributions of the other Party and its employees in all publications as scientifically appropriate. For the avoidance of doubt, GSK shall not be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan. In addition to the foregoing, to the extent Liquidia receives a proposed public disclosure or publication from UNC in accordance with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research Agreement, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License Agreement.

Appears in 5 contracts

Samples: Inhaled Collaboration and Option Agreement (Liquidia Technologies Inc), Inhaled Collaboration and Option Agreement (Liquidia Technologies Inc), Inhaled Collaboration and Option Agreement (Liquidia Technologies Inc)

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Technical Publication. Neither Party may publish peer reviewed manuscripts, or give other forms of public disclosure such as abstracts and presentations, of results of studies carried out under the Inhaled PlanCollaboration Program, without the opportunity for prior review by the other PartyParty and the JSC, except to the extent required by applicable Laws. A Party seeking publication Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 406 of the Securities Act of 1933, as amended shall provide the other Party the opportunity to review and comment on any proposed publication that contains the results of studies carried out under the Inhaled Plan Collaboration Program at least sixty ninety (6090) days prior to its intended submission for publication; provided, that Liquidia shall not have the right to publish any information or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consent. The other Party shall provide the Party seeking publication with its comments in writing, if any, within thirty ninety (3090) days after receipt of such proposed publication. The Party seeking publication shall consider in good faith any comments thereto provided by the other Party and shall comply with the other Party’s request to remove any and all of such other Party’s Confidential Information from the proposed publication. In addition, the Party seeking publication shall delay the submission for a period up to sixty ninety (6090) days after the other Party’s receipt of the proposed publication in the event that the other Party can demonstrate reasonable need for such delay, including the preparation delay to prepare and filing of file a patent application. If the other Party fails to provide its comments to the Party seeking publication within such thirty ninety (3090) day period, such other Party shall be deemed not to have any comments, and the Party seeking publication shall be free to publish in accordance with this Section 14.3 after the sixty (60) day period has elapsed10.3. The Party seeking publication shall provide the other Party and the JSC a copy of the manuscript at the time of the submission. Each Party agrees to acknowledge the contributions of the other Party and its employees in all publications as scientifically appropriate. For Disputes among the avoidance of doubt, GSK Parties with regard to technical and scientific publications shall not be required to seek Liquidia’s review of publications that contain results of studies carried out discussed by or on behalf of GSK outside the scope of JSC whose decision thereon shall be final and binding for the Inhaled Plan. In addition to the foregoing, to the extent Liquidia receives a proposed public disclosure or publication from UNC in accordance with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research Agreement, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License AgreementParties.

Appears in 3 contracts

Samples: Collaboration and Option Agreement, Collaboration and Option Agreement (Aridis Pharmaceuticals, Inc.), Collaboration and Option Agreement (Aridis Pharmaceuticals, Inc.)

Technical Publication. Neither Party may publish peer reviewed manuscripts, manuscripts or give other forms of public disclosure such as abstracts and presentationsmedia presentations (such disclosure collectively, for purposes of this Section 8.5, “publication”), of results of studies carried out under the Inhaled Planthis Agreement, without the opportunity for prior review by the other Party, except to the extent required by applicable Laws. A Party seeking publication shall provide the other Party the opportunity to review and comment on any proposed publication that contains relates to the results of studies carried out under the Inhaled Plan Manufactured Product at least sixty thirty (6030) days (or at least ten (10) days in the case of abstracts and media presentations) prior to its intended submission for publication; provided, that Liquidia shall not have the right to publish any information or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consent. The other Party shall provide the Party seeking publication with its comments in writing, if any, within thirty twenty (3020) days (or within five (5) days in the case of abstracts and media presentations) after receipt of such proposed publication. The Party seeking publication shall consider in good faith any comments thereto provided by the other Party and shall comply with the other Party’s reasonable request to remove any and all of such other Party’s Confidential Information from the proposed publication. In addition, the Party seeking publication shall delay the submission for a period up to sixty (60) days after the other Party’s receipt of the proposed publication in the event that the other Party can demonstrate reasonable need for such delay, including delay in order to accommodate the preparation and filing of a patent application. If the other Party fails to provide its comments to the Party seeking publication within such thirty twenty (3020) day period (or five (5) day period, as the case may be), such other Party shall be deemed not to have any comments, and the Party seeking publication shall be free to publish in accordance with this Section 14.3 8.5 after the sixty thirty (6030) day period (or ten (10) day period, as the case may be) has elapsed. The Party seeking publication shall provide the other Party a copy of the manuscript publication at the time of the submission. Each Party agrees to acknowledge the contributions of the other Party and its employees in all publications as scientifically appropriate. For the avoidance of doubt, GSK shall not be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan. In addition to the foregoing, to the extent Liquidia receives a proposed public disclosure or publication from UNC in accordance with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research Agreement, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License Agreement.

Appears in 3 contracts

Samples: Supply Agreement (Alliqua, Inc.), Supply Agreement (Celgene Corp /De/), Supply Agreement (Celgene Corp /De/)

Technical Publication. Neither No Party may publish peer reviewed manuscripts, or give other forms of public disclosure such as abstracts and presentations, of results of studies carried out under the Inhaled Planthis Agreement, without the opportunity for prior review by the other PartyParties, except to the extent required by applicable Applicable Laws. A Party seeking publication of results of studies carried out under this Agreement shall provide the other Party the opportunity to review and comment on any proposed publication that contains which relates to the results of studies carried out under the Inhaled Plan Licensed Product at least sixty thirty (6030) days prior to its intended submission for publication; provided, that Liquidia shall not have the right to publish any information or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consent. The other Party shall provide the Party seeking publication with its comments in writing, if any, within thirty twenty (3020) days after receipt of such proposed publication. The Party seeking publication shall consider in good faith any comments thereto provided by the other Party and shall comply with the other Party’s request to remove any and all of such other Party’s Confidential Information from the proposed publication. In addition, the Party seeking publication shall delay the submission for a period up to sixty (60) days after the other Party’s receipt of the proposed publication in the event that the other Party can demonstrate reasonable need for such delay, including without limitation, the preparation and filing of a patent application. If the other Party fails fail to provide its comments to the Party seeking publication within such thirty twenty (3020) day period, such other Party shall be deemed to not to have any comments, and the Party seeking publication shall be free to publish in accordance with this Section 14.3 11.8 after the sixty thirty (6030) day period has elapsed. The Party seeking publication shall provide the other Party a copy of the manuscript at the time of the submission. Each Party agrees to acknowledge the contributions of the other Party and its employees in all publications as scientifically appropriate. For the avoidance of doubt[***] 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, GSK shall not be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan. In addition to the foregoing, to the extent Liquidia receives a proposed public disclosure or publication from UNC in accordance with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research Agreement, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License AgreementAS AMENDED.

Appears in 2 contracts

Samples: Collaboration, Development and License Agreement (TESARO, Inc.), Collaboration, Development and License Agreement (TESARO, Inc.)

Technical Publication. Neither Party may publish peer reviewed manuscriptsThe Parties shall ensure that all publications, or give and other forms of public disclosure such as abstracts and presentations, of results of studies carried out under this Agreement or otherwise relating to any Product in the Inhaled PlanLicensee Territory and the Licensor Territory (each of the foregoing, a “Publication”) comply with the strategy established by the JSC pursuant to Section 4.1(c)(5). Neither Party nor their Affiliates shall submit for publication, publish or present a Publication without the opportunity for prior review and comment by the other Party, except to the extent required by applicable Laws. A Party seeking publication seeking, or whose Affiliate is seeking, to submit, publish or present a Publication shall provide the other Party JSC with a written copy of the Publication for an opportunity to approve, review and comment on any the proposed publication that contains the results of studies carried out under the Inhaled Plan Publication at least sixty thirty (6030) days prior to before its intended submission for publication; provided, that Liquidia shall not have the right to publish any information publication or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consentpresentation. The other Party JSC shall provide the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present with its comments in writing, if any, within thirty (30) days after receipt of such proposed publicationPublication. The Party seeking publication seeking, or whose Affiliate is seeking, to publish or present shall consider in good faith any comments thereto provided by the other Party JSC and shall comply with the other PartyJSC’s request to remove any and all of such other Party’s Confidential Information from the proposed publicationPublication. In addition, the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present shall delay the submission for a period of up to sixty thirty (6030) days after if the other Party’s receipt of non-publishing Party on the proposed publication in the event that the other Party JSC can demonstrate reasonable need for such delay, including the preparation delay to prepare and filing of file a patent applicationapplication for which it has prosecution control pursuant to this Agreement. If the other Party fails to provide its comments to the For clarity, a Party seeking publication within such thirty (30) day period, such other Party shall be deemed not to have any comments, and the Party seeking publication shall be free to publish in accordance with this Section 14.3 after or present a Publication shall not have the sixty (60) day period has elapsedright to publish or present such Publication without the JSC’s written approval. The Party seeking publication seeking, or whose Affiliate is seeking, to publish or present shall provide the other Party a copy of the manuscript manuscript, abstract or presentation at the time of the submissionsubmission or presentation, as applicable. Each Party agrees to acknowledge the contributions of the other Party and its Affiliates and their employees in all publications Publications, as scientifically appropriate. For the avoidance of doubt, GSK shall not be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan. In addition to the foregoing, to the extent Liquidia receives a proposed public disclosure or publication from UNC in accordance with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research Agreement, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License Agreement.

Appears in 2 contracts

Samples: License Agreement (Jaguar Health, Inc.), License Agreement (Jaguar Health, Inc.)

Technical Publication. Neither No Party may publish any peer reviewed manuscripts, or give other forms of public disclosure such as abstracts and presentations, of results of studies Studies carried out under the Inhaled Planthis Agreement, without the opportunity for prior review by the other Party, except to the extent required by applicable Applicable Laws. A Party seeking publication shall provide the other Party the opportunity to review and comment on any proposed publication that contains which relates to the results of studies carried out under the Inhaled Plan Studies at least sixty (60) days [*] prior to its intended submission for publication; provided, that Liquidia shall not have the right to publish any information or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consent. The other Party shall provide the Party seeking publication with its comments in writing, if any, within thirty (30) days [*] after receipt of such proposed publication. The Party seeking publication shall consider in good faith any comments thereto provided by the other Party and shall comply with the other Party’s request to remove any and all of such other Party’s Confidential Information from the proposed [*] = 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 406 of the Securities Act of 1933, as amended. publication. In addition, the Party seeking publication shall delay the submission for a period up to sixty (60) days after the other Party’s receipt of the proposed publication [*] in the event that the other Party can demonstrate reasonable need for determines that the proposed publication contains or may contain patentable subject matter, so that the other Party may draft and file patent applications directed to such delay, including the preparation and filing of a patent applicationsubject matter. If the other Party fails to provide its comments to the Party seeking publication within such thirty (30) day [*] period, such other Party shall be deemed to not to have any comments, and the Party seeking publication shall be free to publish in accordance with this Section 14.3 such proposed publication after the sixty (60) day [*] period has elapsed. The Party seeking publication shall provide the other Party a copy of the manuscript publication at the time of the submission. Each Party agrees to acknowledge the contributions of the other Party and its employees in all publications as scientifically appropriate. For If any Party engages any Third Party contractors or collaborators in the avoidance of doubt, GSK shall not be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope conduct of the Inhaled PlanStudies hereunder, such Party shall ensure that such Third Party contractors and collaborators (including academic collaborators) are bound by the procedure set forth in this Section 9.4 with respect to any publication relating to the Studies. In addition to Notwithstanding the foregoing, but subject to the extent Liquidia receives a proposed public disclosure or publication from UNC in accordance with Section 2.2 review periods set forth above, (a) [*] shall [*] to [*] of the UNC License Agreement or Section 6 [*] of the UNC Research Agreement[*] pursuant to the [*] set forth in the [*], then Liquidia (b) in the event that [*] any [*] set forth in [*] in the [*], such [*] shall ensure that GSK is given [*] to [*] by such [*], and in each case of (a) and (b), [*] shall [*] to [*] or [*]. [*] shall [*] for the opportunity to review and possibly delay [*] (if such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License Agreement[*]) other than [*] specified on Schedule 9.4 without [*].

Appears in 2 contracts

Samples: Clinical Collaboration Agreement (Portola Pharmaceuticals Inc), Clinical Collaboration Agreement (Portola Pharmaceuticals Inc)

Technical Publication. Neither Party may publish peer reviewed manuscripts, or give other forms of public disclosure such as abstracts and presentations, of results of studies carried out under this Agreement or otherwise pertaining to the Inhaled PlanDevelopment of the Vaccine or the Products in the Advaccine Territory, without the opportunity for prior review and comment by the other PartyParty in accordance with this Section 12.4, except to the extent required by applicable Laws. A Party seeking publication shall provide the other Party the opportunity to review and comment on any such proposed publication that contains the results of studies carried out under the Inhaled Plan at least sixty five (605) calendar days for abstracts ten (10) calendar days for manuscripts prior to its intended submission for publication; provided, that Liquidia shall not have the right to publish any information or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consent. The other Party shall provide the Party seeking publication with its comments in writing, if any, within thirty three (303) calendar days for abstracts and seven (7) calendar days for manuscripts after receipt of such proposed publication. The Party seeking publication shall consider in good faith any comments thereto provided by the other Party and shall comply with the other Party’s request to remove any and all of such other Party’s Confidential Information from the proposed publication. Further, if Inovio reasonably determines and notifies Advaccine that a proposed publication is reasonably likely to result in Adverse Risk in the Inovio Territory, Advaccine shall not submit such publication unless and until the Parties agree to a proposal to mitigate such Adverse Risk. In addition, the Party seeking publication shall delay the submission for a period up to sixty thirty (6030) calendar days after the other Party’s receipt of the proposed publication in the event that the other Party can demonstrate reasonable need for such delay, including delay for the preparation and filing of a patent application. If the other Party fails to provide its comments to the Party seeking publication within such thirty (30) day periodthe specified time frame, such other Party shall be deemed to not to have any comments, and the Party seeking publication shall be free to publish in accordance with this Section 14.3 after the sixty (60) day period has elapsed12.4. The Party seeking publication shall provide the other Party a copy of the manuscript at the time of the submission. Each Party agrees to acknowledge the contributions of the other Party and its employees in all publications as scientifically appropriate. For the avoidance of doubt, GSK shall not be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan. In addition to the foregoing, to the extent Liquidia receives a proposed public disclosure or publication from UNC in accordance with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research Agreement, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License Agreementscientific practices.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Inovio Pharmaceuticals, Inc.), Collaboration and License Agreement (Inovio Pharmaceuticals, Inc.)

Technical Publication. Neither The JSC shall prepare a plan for publication of the results of studies carried out under this Agreement and oversee the Parties’ activities thereunder. Each Party shall conduct its publication activities with respect to Compounds and Licensed Products in accordance with such plan. Virobay may not publish peer reviewed manuscripts, or give other forms of public disclosure such as abstracts and presentations, of results of studies carried out under the Inhaled Planthis Agreement, or otherwise related to Compounds and Licensed Products, without the opportunity for prior review and approval by the other PartyXXX, except to the extent required by applicable Laws. THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A Party seeking publication CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Virobay shall provide the other Party XXX the opportunity to review and comment on any proposed publication that contains the results of studies carried out under the Inhaled Plan relates to a Compound or Licensed Product at least sixty (60) [* * *] days prior to its intended submission for publication; providedpublication (or, that Liquidia shall not have in the right case of abstracts or presentations, at least [* * *] Business Days prior to publish any information or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amendedits intended submission date). GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consent. The other Party XXX shall provide the Party seeking publication Virobay with its comments in writing, if any, within thirty (30) [* * *] days after receipt of such proposed publicationpublication ([* * *] Business Days for abstracts or presentations). The Party seeking publication Virobay shall consider in good faith any comments thereto provided by the other Party XXX and shall comply with the other PartyLEO’s request to remove any and all of such other PartyLEO’s Confidential Information from the proposed publication. In addition, the Party seeking publication Virobay shall delay the submission for a period up to sixty (60) [* * *] days after the other Party’s receipt of the proposed publication in the event that the other Party XXX can demonstrate reasonable need for such delay, including delay for the preparation and filing of a patent application. If the other Party fails to provide its comments to the Party seeking publication within such thirty (30) day period, such other Party shall be deemed not to have any comments, and the Party seeking publication shall be free to publish in accordance with this Section 14.3 after the sixty (60) day period has elapsed. The Party seeking publication Virobay shall provide the other Party XXX a copy of the manuscript at the time of the submission. Each Party agrees to acknowledge the contributions of the other Party and its employees in all publications as scientifically appropriate. For the avoidance of doubt, GSK shall not be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan. In addition to the foregoing, to the extent Liquidia receives a proposed public disclosure or publication from UNC in accordance with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research Agreement, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License Agreement.

Appears in 2 contracts

Samples: Development and License Agreement (Virobay Inc), Development and License Agreement (Virobay Inc)

Technical Publication. Neither Party may publish peer reviewed manuscriptsThe Parties will ensure that all publications, or give and other forms of public disclosure such as abstracts and presentations, of results of studies carried out under this Agreement or otherwise relating to Product or, to the Inhaled Planextent it relates to the rights granted herein to the TNF-α Targets, Collaboration Targets and Development Candidates (each of the foregoing, a “Publication”) comply with the strategy established by the JRC. Neither Party nor their Affiliates will submit for publication, publish or present a Publication without the opportunity for prior review by the other Party, except to the extent required by applicable Laws. A Party seeking publication shall seeking, or whose Affiliate is seeking, to submit, publish or present a Publication will provide the other Party the opportunity to review and comment on any the proposed publication that contains the results of studies carried out under the Inhaled Plan Publication at least sixty fifteen (6015) days prior to before its intended submission for publication; provided, that Liquidia shall not have the right to publish any information publication or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consentpresentation. The other Party shall will provide the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present with its comments in writing, if any, within thirty ten (3010) days after receipt of such proposed publicationPublication. The Party seeking publication shall seeking, or whose Affiliate is seeking, to publish or present will consider in good faith any comments thereto provided by the other Party and shall will comply with the other Party’s request to remove any and all of such other Party’s Confidential Information from the proposed publicationPublication. In addition, the Party seeking publication shall seeking, or whose Affiliate is seeking, to publish or present will delay the submission for a period of up to sixty thirty (6030) days after the other Party’s receipt of the proposed publication in the event that if the other Party can demonstrate reasonable need for such delay, including the preparation delay to prepare and filing of file a patent applicationapplication for which it has prosecution control pursuant to this Agreement. If the other Party fails to provide its comments to the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present within such thirty ten (3010)-day 57 THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) day PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED, GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, THE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, AND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”. period, such other Party shall will be deemed not to have any comments, and the Party seeking publication shall be free seeking, or whose Affiliate is seeking, to publish or present may submit for publication or present in accordance with this Section 14.3 12.3 after the sixty fifteen (60) day 15)-day period has elapsed. The Party seeking publication shall seeking, or whose Affiliate is seeking, to publish or present will provide the other Party a copy of the manuscript manuscript, abstract or presentation at the time of the submissionsubmission or presentation, as applicable. Each Party agrees to acknowledge the contributions of the other Party and its Affiliates and their employees in all publications publications, as scientifically appropriate. For the avoidance Further, Licensor will provide to Licensee all publications, and other forms of doubtpublic disclosure such as abstracts and presentations, GSK shall not be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan. In addition to the foregoing, to the extent Liquidia receives it relates to the SNA Platform Technology and is not protected by a proposed public disclosure or publication from UNC in accordance confidentiality agreement with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research Agreement, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License Agreementa Third Party.

Appears in 1 contract

Samples: Option and License Agreement (Exicure, Inc.)

Technical Publication. Neither Party may publish peer reviewed manuscripts, or give other forms of public disclosure such as abstracts and presentations, of results of studies carried out under the Inhaled Planthis Agreement, without the opportunity for prior review by the other Party, except to the extent required by applicable Laws. A Party seeking publication shall provide the other Party the opportunity to review and comment on any proposed publication that contains which relates to the results of studies carried out under the Inhaled Plan Product at least sixty (60) [*] days prior to its intended submission for publication; provided, that Liquidia shall not have the right to publish any information or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consent. The other Party shall provide the Party seeking publication with its comments in writing, if any, within thirty (30) [*] days after receipt of such proposed publication. The Party seeking publication shall consider in good faith any comments thereto provided by the other Party and shall comply with the other Party’s request to remove any and all of such other Party’s Confidential Information from the proposed publication. In addition, the Party seeking publication shall delay the submission for a period up to sixty (60) [*] days after the other Party’s receipt of the proposed publication in the event that the other Party can demonstrate reasonable need for such delay, including without limitation, the preparation and filing of a patent application. If the other Party fails to provide its comments to the Party seeking publication within such thirty (30) [*] day period, such other Party shall be deemed to not to have any comments, and the Party seeking publication shall be free to publish in accordance with this Section 14.3 11.5 after the sixty (60) [*] day period has elapsed. The Party seeking publication shall provide the other Party a copy of the manuscript at the time of the submission. Each Party agrees to acknowledge the contributions of the other Party and its employees in all publications as scientifically appropriate. For Notwithstanding anything in this Agreement to the avoidance contrary, nothing will prevent Pfizer from making any scientific publication or public announcement with respect to any approved Product(s) under this Agreement; provided, however, that Pfizer will comply with this Section 11.5 and, except as permitted under Sections 11.2 and 11.3, Pfizer will not disclose any of doubt, GSK shall Sangamo’s Confidential Information in any such publication or announcement without obtaining Sangamo’s prior written consent to do so (such consent not to be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Planunreasonably withheld). In addition the event of any disagreement on publication, the matter shall be referred to the foregoing, to the extent Liquidia receives a proposed public disclosure or publication from UNC in accordance with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research Agreement, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License AgreementJSC for attempted resolution.

Appears in 1 contract

Samples: Collaboration and License Agreement (Sangamo Therapeutics, Inc)

Technical Publication. Neither Party may publish peer reviewed manuscripts, manuscripts or give other forms of public disclosure such as abstracts and presentationsmedia presentations (such disclosure collectively, for purposes of this Section 8.5, “publication”), of results of studies carried out under the Inhaled Planthis Agreement, without the opportunity for prior review by the other Party, except to the extent required by applicable Laws. A Party seeking publication shall provide the other Party the opportunity to review and comment on any proposed publication that contains relates to the results of studies carried out under the Inhaled Plan Manufactured Product at least sixty thirty (6030) days (or at least ten (10) days in the case of abstracts and media presentations) prior to its intended submission for publication; provided, that Liquidia shall not have the right to publish any information or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consent. The other Party shall provide the Party seeking publication with its comments in writing, if any, within thirty twenty (3020) days (or within five (5) days in the case of abstracts and media presentations) after receipt of such proposed publication. The Party seeking publication shall consider in good faith any comments thereto provided by the other Party and shall comply with the other Party’s reasonable request to remove any and all of such other Party’s Confidential Information from the proposed publication. In addition, the Party seeking publication shall delay the submission for a period up to sixty (60) days after the other Party’s receipt of the proposed publication in the event that the other Party can demonstrate reasonable need for such delay, including delay in order to accommodate the preparation and filing of a patent application. If the other Party fails to provide its comments to the Party seeking publication within such thirty twenty (3020) day period (or five (5) day period, as the case may be), such other Party shall be deemed not to have any comments, and the Party seeking publication shall be free to publish in accordance with this Section 14.3 8.5 after the sixty thirty (6030) day period (or ten (10) day period, as the case may be) has elapsed. The Party seeking publication shall provide the other Party a copy of the manuscript publication at the time of the submission. Each Party agrees to acknowledge the contributions of the other Party and its employees in all publications as scientifically appropriate. For the avoidance of doubtTHE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, GSK shall not be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope of the Inhaled PlanAS AMENDED, GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. In addition to the foregoingACCORDINGLY, to the extent Liquidia receives a proposed public disclosure or publication from UNC in accordance with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research AgreementTHE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License AgreementAND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”.

Appears in 1 contract

Samples: Supply Agreement (Alliqua BioMedical, Inc.)

Technical Publication. Neither Party may publish peer reviewed manuscripts, manuscripts or give other forms of public disclosure such as abstracts and presentationsmedia presentations (such disclosure collectively, for purposes of this Section 11.5, “publication”), of results of studies carried out under the Inhaled Planthis Agreement, without the opportunity for prior review by the other Party, except to the extent required by applicable Laws. A Party seeking publication shall provide the other Party the opportunity to review and comment on any proposed publication that contains relates to the results of studies carried out under the Inhaled Plan Aradigm Product at least sixty thirty (6030) days (or at least ten (10) days in the case of abstracts and media presentations) prior to its intended submission for publication; provided, that Liquidia shall not have the right to publish any information or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consent. The other Party shall provide the Party seeking publication with its comments in writing, if any, within thirty twenty (3020) days (or within five (5) days in the case of abstracts and media presentations) after receipt of such proposed publication. The Party seeking publication shall consider in good faith any comments thereto provided by the other Party and shall comply with the other Party’s reasonable request to remove any and all of such other Party’s Confidential Information from the proposed publication. In addition, the Party seeking publication shall delay the submission for a period up to sixty (60) days after the other Party’s receipt of the proposed publication in the event that the other Party can demonstrate reasonable need for such delay, including delay in order to accommodate the preparation and filing of a patent application. If the other Party fails to provide its comments to the Party seeking publication within such thirty twenty (30) day 20)-day period (or five (5)-day period, as the case may be), such other Party shall be deemed not to have any comments, and the Party seeking publication shall be free to publish in accordance with this Section 14.3 11.5 after the sixty thirty (6030)-day period (or ten (10)-day period, as the case may be) day period has elapsed. The Party seeking publication shall provide the other Party a copy of the manuscript publication at the time of the submission. Each Party agrees to acknowledge the contributions of the other Party and its employees in all publications as scientifically appropriate. For the avoidance of doubt, GSK shall not be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan. In addition to the foregoing, to the extent Liquidia receives a proposed public disclosure or publication from UNC in accordance with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research Agreement, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License Agreement.

Appears in 1 contract

Samples: License and Collaboration Agreement (Aradigm Corp)

Technical Publication. Neither Party may publish peer reviewed manuscriptsThe Parties will ensure that all publications, or give and other forms of public disclosure such as abstracts and presentations, of results of studies carried out under this Agreement or otherwise relating to Product or, to the Inhaled Planextent it relates to the rights granted herein to the TNF-α Targets, Collaboration Targets and Development Candidates (each of the foregoing, a “Publication”) comply with the strategy established by the JRC. Neither Party nor their Affiliates will submit for publication, publish or present a Publication without the opportunity for prior review by the other Party, except to the extent required by applicable Laws. A Party seeking publication shall seeking, or whose Affiliate is seeking, to submit, publish or present a Publication will provide the other Party the opportunity to review and comment on any the proposed publication that contains the results of studies carried out under the Inhaled Plan Publication at least sixty fifteen (6015) days prior to before its intended submission for publication; provided, that Liquidia shall not have the right to publish any information publication or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consentpresentation. The other Party shall will provide the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present with its comments in writing, if any, within thirty ten (3010) days after receipt of such proposed publicationPublication. The Party seeking publication shall seeking, or whose Affiliate is seeking, to publish or present will consider in good faith any comments thereto provided by the other Party and shall will comply with the other Party’s request to remove any and all of such other Party’s Confidential Information from the proposed publicationPublication. In addition, the Party seeking publication shall seeking, or whose Affiliate is seeking, to publish or present will delay the submission for a period of up to sixty thirty (6030) days after the other Party’s receipt of the proposed publication in the event that if the other Party can demonstrate reasonable need for such delay, including the preparation delay to prepare and filing of file a patent applicationapplication for which it has prosecution control pursuant to this Agreement. If the other Party fails to provide its comments to the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present within such thirty ten (3010)-day 57 THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) day PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED, GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, THE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, AND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”. period, such other Party shall will be deemed not to have any comments, and the Party seeking publication shall be free seeking, or whose Affiliate is seeking, to publish or present may submit for publication or present in accordance with this Section 14.3 12.3 after the sixty fifteen (60) day 15)-day period has elapsed. The Party seeking publication shall seeking, or whose Affiliate is seeking, to publish or present will provide the other Party a copy of the manuscript manuscript, abstract or presentation at the time of the submissionsubmission or presentation, as applicable. Each Party agrees to acknowledge the contributions of the other Party and its Affiliates and their employees in all publications publications, as scientifically appropriate. For the avoidance Further, Licensor will provide to Licensee all publications, and other forms of doubtpublic disclosure such as abstracts and presentations, GSK shall not be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan. In addition to the foregoing, to the extent Liquidia receives it relates to the SNA Platform Technology and is not protected by a proposed public disclosure or publication from UNC in accordance confidentiality agreement with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research Agreement, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License Agreement.a Third Party. 12.4

Appears in 1 contract

Samples: Collaboration, Option and License Agreement

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Technical Publication. Neither Party may publish peer reviewed manuscripts, or give other forms of public disclosure such as abstracts and presentations, of results of studies carried out under the Inhaled Planthis Agreement, without the opportunity for prior review by the other Party, and subject to this Section 13.3, below, except to the extent required by applicable Laws. No publication shall include the other Party’s Confidential Information without the prior written consent of such other Party. A Party seeking publication shall provide the other Party the opportunity to review and comment on any proposed publication that contains relates to, during the results Research Term or any Research Term Extension, any Product Candidate, any AGN DARPin Domain, or any MP DARPin Domain (other than any MP DARPin Domain for [***]) and, during any other portion of studies carried out under the Inhaled Plan Term, any Licensed Compound or Licensed Product, at least sixty (60) days [***] prior to its intended submission for publication; provided, that Liquidia shall not have the right to publish any information or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consent. The other Party shall provide the Party seeking publication with its comments in writing, if any, within thirty (30) days [***] after receipt of such proposed publication. The Party seeking publication shall consider in good faith any comments thereto provided by the other Party and shall comply with the other Party’s request to remove any and all of such other Party’s Confidential Information from the proposed publication. In addition, the Party seeking publication shall delay the submission for a period up to sixty (60) days after the other Party’s receipt of the proposed publication [***] in the event that the other Party can demonstrate reasonable need for such delay, including the preparation and filing of a patent applicationapplication (or, in the case that Molecular Partners is seeking publication and Allergan has a compelling business justification, for a longer period reasonably selected by Allergan). If the other Party fails to provide its comments to the Party seeking publication within such thirty (30) day [***] period, such other Party shall be deemed not to have any comments, and the Party seeking publication shall be free to publish in accordance with this Section 14.3 13.3 after the sixty (60) day [***] period has elapsed; provided that such publication does not include Confidential Information of the other Party. The Party seeking publication shall provide the other Party a copy of the manuscript at the time of the submission. Each Party agrees to acknowledge the contributions of the other Party and its employees in all publications as scientifically appropriate. For the avoidance of doubt, GSK shall not be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan. In addition to the foregoing, to the extent Liquidia receives a proposed public disclosure or publication from UNC in accordance with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research Agreement, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License Agreement.

Appears in 1 contract

Samples: Discovery Alliance Agreement (Molecular Partners Ag)

Technical Publication. Neither Party may publish peer reviewed manuscriptsThe Parties will ensure that all publications, or give and other forms of public disclosure such as abstracts and presentations, of results of studies carried out under this Agreement or otherwise relating to any Product (each of the Inhaled Planforegoing, a “Publication”) comply with the strategy established by the JDC. Neither Party nor their Affiliates will submit for publication, publish or present a Publication without the opportunity for prior review by the other non-publishing Party, except to the extent required by applicable Laws. A Party seeking publication shall seeking, or whose Affiliate is seeking, to submit, publish or present a Publication will provide the other non-publishing Party the opportunity to review and comment on any the proposed publication that contains the results of studies carried out under the Inhaled Plan Publication at least sixty fifteen (6015) days prior to before its intended submission for publication; provided, that Liquidia shall not have the right to publish any information publication or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consentpresentation. The other non-publishing Party shall will provide the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present with its comments in writing, if any, within thirty ten (3010) days after receipt of such proposed publicationPublication. The Party seeking publication shall seeking, or whose Affiliate is seeking, to publish or present will consider in good faith any comments thereto provided by the other non-publishing Party and shall will comply with the other non-publishing Party’s request to remove any and all of such other the non-publishing Party’s Confidential Information from the proposed publicationPublication. In addition, [*] = Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. the Party seeking publication shall seeking, or whose Affiliate is seeking, to publish or present will delay the submission for a period of up to sixty thirty (6030) days after if the other Party’s receipt of the proposed publication in the event that the other non-publishing Party can demonstrate reasonable need for such delay, including the preparation delay to prepare and filing of file a patent applicationapplication for which it has prosecution control pursuant to this Agreement. If the other non-publishing Party fails to provide its comments to the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present within such thirty ten (30) day 10)-day period, such other the non-publishing Party shall will be deemed not to have any comments, and the Party seeking publication shall be free seeking, or whose Affiliate is seeking, to publish or present may submit for publication or present in accordance with this Section 14.3 12.3 after the sixty fifteen (60) day 15)-day period has elapsed. The Party seeking publication shall seeking, or whose Affiliate is seeking, to publish or present will provide the other non-publishing Party a copy of the manuscript manuscript, abstract or presentation at the time of the submissionsubmission or presentation, as applicable. Each Party agrees to acknowledge the contributions of the other non-publishing Party and its Affiliates and their employees in all publications publications, as scientifically appropriate. For the avoidance of doubt, GSK shall not be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan. In addition to the foregoing, to the extent Liquidia receives a proposed public disclosure or publication from UNC in accordance with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research Agreement, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License Agreement.

Appears in 1 contract

Samples: License and Development Agreement (Chimerix Inc)

Technical Publication. Neither Party may publish peer reviewed manuscripts, or give other forms of public disclosure such as abstracts and presentations, of results of studies carried out under the Inhaled Planthis Agreement, without the opportunity for prior review by the other Party, and subject to this Section 12.3, below, except to the extent required by applicable Laws. No publication shall include the other Party’s Confidential Information without the prior written consent of such other Party. A Party seeking publication shall provide the other Party the opportunity to review and comment on any proposed publication that contains the results of studies carried out under the Inhaled Plan relates to a Licensed Compound or Licensed Product at least sixty thirty (6030) days prior to its intended submission for publication; provided, that Liquidia shall not have the right to publish any information or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consent. The other Party shall provide the Party seeking publication with its comments in writing, if any, within thirty (30) days after receipt of such proposed publication. The Party seeking publication shall consider in good faith any comments thereto provided by the other Party and shall comply with the other Party’s request to remove any and all of such other Party’s Confidential Information from the proposed publication. In addition, the Party seeking publication shall delay the submission for a period up to sixty (60) days after the other Party’s receipt of the proposed publication in the event that the other Party can demonstrate reasonable need for such delay, including the preparation and filing of a patent application. If the other Party fails to provide its comments to the Party seeking publication within such thirty (30) day 30)-day period, such other Party shall be deemed not to have any comments, and the Party seeking publication shall be free to publish in accordance with this Section 14.3 12.3 after the sixty thirty (60) day 30)-day period has elapsed; provided that such publication does not include Confidential Information of the other Party. The Party seeking publication shall provide the other Party a copy of the manuscript at the time of the submission. Each Party agrees to acknowledge the contributions of the other Party and its employees in all publications as scientifically appropriate. For the avoidance of doubt, GSK shall not be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan. In addition to the foregoing, to the extent Liquidia receives a proposed public disclosure or publication from UNC in accordance with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research Agreement, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License Agreement.

Appears in 1 contract

Samples: License and Collaboration Agreement (Molecular Partners Ag)

Technical Publication. Neither Party may publish peer reviewed manuscriptsAll publications, or give and other forms of public disclosure such as abstracts and presentations, of results of studies carried out under this Agreement or [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Inhaled PlanSecurities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. otherwise relating to the Product (each of the foregoing, a "Publication") shall comply with the strategy established by the JDC pursuant to Section 3.2(a)(vi). Neither Party nor their Affiliates may submit for publication, publish or present a Publication without the opportunity for prior review by the other Party, except to the extent required by applicable Laws. A Party seeking publication seeking, or whose Affiliate is seeking, to submit, publish or present a Publication shall provide the other Party the opportunity to review and comment on any the proposed publication that contains the results of studies carried out under the Inhaled Plan Publication at least sixty fifteen (6015) days prior to its intended submission for publication; provided, that Liquidia shall not have the right to publish any information publication or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consentpresentation. The other Party shall provide the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present with its comments in writing, if any, within thirty ten (3010) days after receipt of such proposed publicationPublication. The Party seeking publication seeking, or whose Affiliate is seeking, to publish or present shall consider in good faith any comments thereto provided by the other Party and shall comply with the other Party’s 's request to remove any and all of such other Party’s 's Confidential Information from the proposed publicationPublication; provided, however, that Information arising from a Shared Study shall not be considered the other Party's Confidential Information for purposes of this Section 11.3. In addition, the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present shall delay the submission for a period of up to sixty thirty (6030) days after the other Party’s receipt of the proposed publication in the event that the other Party can demonstrate reasonable need for such delay, including the preparation delay in order to prepare and filing of file a patent applicationapplication for which it has prosecution control pursuant to this Agreement. If the other Party fails to provide its comments to the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present within such thirty ten (30) day 10)-day period, such other Party shall be deemed not to have any comments, and the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present shall be free to publish submit for publication or present in accordance with this Section 14.3 11.3(b) after the sixty fifteen (60) day 15)-day period has elapsed. The Party seeking publication seeking, or whose Affiliate is seeking, to publish or present shall provide the other Party a copy of the manuscript manuscript, abstract or presentation at the time of the submissionsubmission or presentation, as applicable. Each Party agrees to acknowledge the contributions of the other Party and its Affiliates and their employees in all publications publications, as scientifically appropriate. For the avoidance of doubt, GSK shall not be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan. In addition to the foregoing, to the extent Liquidia receives a proposed public disclosure or publication from UNC in accordance with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research Agreement, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License Agreement.

Appears in 1 contract

Samples: License, Development and Commercialization Agreement (Allos Therapeutics Inc)

Technical Publication. Neither Party may publish peer reviewed manuscriptsAll publications, or give and other forms of public disclosure such as abstracts and presentations, of results of studies carried out under this Agreement or [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Inhaled PlanSecurities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. otherwise relating to the Product (each of the foregoing, a “Publication”) shall comply with the strategy established by the JDC pursuant to Section 3.2(a)(vi). Neither Party nor their Affiliates may submit for publication, publish or present a Publication without the opportunity for prior review by the other Party, except to the extent required by applicable Laws. A Party seeking publication seeking, or whose Affiliate is seeking, to submit, publish or present a Publication shall provide the other Party the opportunity to review and comment on any the proposed publication that contains the results of studies carried out under the Inhaled Plan Publication at least sixty fifteen (6015) days prior to its intended submission for publication; provided, that Liquidia shall not have the right to publish any information publication or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consentpresentation. The other Party shall provide the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present with its comments in writing, if any, within thirty ten (3010) days after receipt of such proposed publicationPublication. The Party seeking publication seeking, or whose Affiliate is seeking, to publish or present shall consider in good faith any comments thereto provided by the other Party and shall comply with the other Party’s request to remove any and all of such other Party’s Confidential Information from the proposed publicationPublication; provided, however, that Information arising from a Shared Study shall not be considered the other Party’s Confidential Information for purposes of this Section 11.3. In addition, the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present shall delay the submission for a period of up to sixty thirty (6030) days after the other Party’s receipt of the proposed publication in the event that the other Party can demonstrate reasonable need for such delay, including the preparation delay in order to prepare and filing of file a patent applicationapplication for which it has prosecution control pursuant to this Agreement. If the other Party fails to provide its comments to the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present within such thirty ten (30) day 10)-day period, such other Party shall be deemed not to have any comments, and the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present shall be free to publish submit for publication or present in accordance with this Section 14.3 11.3(b) after the sixty fifteen (60) day 15)-day period has elapsed. The Party seeking publication seeking, or whose Affiliate is seeking, to publish or present shall provide the other Party a copy of the manuscript manuscript, abstract or presentation at the time of the submissionsubmission or presentation, as applicable. Each Party agrees to acknowledge the contributions of the other Party and its Affiliates and their employees in all publications publications, as scientifically appropriate. For the avoidance of doubt, GSK shall not be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan. In addition to the foregoing, to the extent Liquidia receives a proposed public disclosure or publication from UNC in accordance with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research Agreement, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License Agreement.

Appears in 1 contract

Samples: License, Development and Commercialization Agreement (Allos Therapeutics Inc)

Technical Publication. Neither During the Term, neither Party may publish peer reviewed manuscripts, or give other forms of public disclosure such as abstracts and presentations, of results of studies carried out under the Inhaled Planthis Agreement, without the opportunity for prior review by the other PartyParty and subject to this Section 12.3, except to the extent required by applicable Laws; provided that, Horizon will have the sole right (without Arrowhead’s consent) to publish and make scientific presentations with respect to Compounds or Products or make other public disclosures regarding any such Compounds or Products, and Arrowhead will not do so without Horizon’s prior written consent, except as required by applicable Law. No publication shall include the other Party’s Confidential Information without the prior written consent of such other Party. A Party seeking publication shall provide the other Party the opportunity to review and comment on any proposed publication (or where a copy of such publication or presentation is not available at such time, a draft or outline of such publication or description of such presentation) that contains relates to an RNAi Molecule directed to the results of studies carried out under the Inhaled Plan Collaboration Target or any Compound or Product, at least sixty (60) [***] days prior to its intended submission for publication; provided, that Liquidia shall not have the right to publish any information or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consent. The other Party shall provide the Party seeking publication with its comments in writing, if any, within thirty (30) days as promptly as practicable after receipt of such proposed publication. The Party seeking publication shall consider in good faith any comments thereto provided by the other Party and shall comply with the other Party’s request to remove any and all of such other Party’s Confidential Information from the proposed publication. In addition, the Party seeking publication shall delay the submission for a period up to sixty (60) [***] days after the other Party’s receipt of the proposed publication in the event that the other Party can demonstrate reasonable need for such delay, including the preparation and filing of a patent application. If application (or, in the other case that a Party fails to provide its comments to the Party seeking publication within such thirty (30) day periodhas a compelling business justification, such other Party shall be deemed not to have any comments, and the Party seeking publication shall be free to publish in accordance with this Section 14.3 after the sixty (60) day for a longer period has elapsed. The Party seeking publication shall provide the other Party a copy of the manuscript at the time of the submissionreasonably selected by that Party). Each Party agrees to acknowledge the contributions of the other Party and its employees in all publications as scientifically appropriate. For the avoidance of doubt, GSK shall not be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan. In addition to the foregoing, to the extent Liquidia receives a proposed public disclosure or publication from UNC in accordance with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research Agreement, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License Agreement.

Appears in 1 contract

Samples: Collaboration and License Agreement (Arrowhead Pharmaceuticals, Inc.)

Technical Publication. Neither During the Term, neither Party may publish peer reviewed manuscripts, or give other forms of public disclosure such as abstracts and presentations, of results of studies carried out under the Inhaled Planthis Agreement, without the opportunity for prior review by the other Party, and subject to this Section 13.3, below, except to the extent required by applicable Laws; provided, however, that Amgen will have the sole right (without Arrowhead’s consent) to publish and make scientific presentations with respect to Licensed Compounds or Licensed Products or make other public disclosures regarding any such Licensed Compounds or Licensed Products, and Arrowhead will not do so without Amgen’s prior written consent, except as required by applicable Law. No publication shall include the other Party’s Confidential Information without the prior written consent of such other Party. A Party seeking publication shall provide the other Party the opportunity to review and comment on any proposed publication (or where a copy of such publication or presentation is not available at such time, a draft or outline of such publication or description of such presentation) that contains relates to an RNAi Molecule directed to the results of studies carried out under the Inhaled Plan Collaboration Target or any Licensed Compound or Licensed Product, at least sixty (60) [***] days prior to its intended submission for publication; provided, that Liquidia shall not have the right to publish any information or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consent. The other Party shall provide the Party seeking publication with its comments in writing, if any, within thirty (30) days as promptly as practicable after receipt of such proposed publication. The Party seeking publication shall consider in good faith any comments thereto provided by the other Party and shall comply with the other Party’s request to remove any and all of such other Party’s Confidential Information from the proposed publication. In addition, the Party seeking publication shall delay the submission for a period up to sixty (60) [***] days after the other Party’s receipt of the proposed publication in the event that the other Party can demonstrate reasonable need for such delay, including the preparation and filing of a patent application. If application (or, in the other case that a Party fails to provide its comments to the Party seeking publication within such thirty (30) day periodhas a compelling business justification, such other Party shall be deemed not to have any comments, and the Party seeking publication shall be free to publish in accordance with this Section 14.3 after the sixty (60) day for a longer period has elapsed. The Party seeking publication shall provide the other Party a copy of the manuscript at the time of the submissionreasonably selected by that Party). Each Party agrees to acknowledge the contributions of the other Party and its employees in all publications as scientifically appropriate. For the avoidance of doubt, GSK shall not be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan. In addition to the foregoing, to the extent Liquidia receives a proposed public disclosure or publication from UNC in accordance with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research Agreement, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License Agreement.

Appears in 1 contract

Samples: First Collaboration and License Agreement (Arrowhead Pharmaceuticals, Inc.)

Technical Publication. Neither Party may publish peer reviewed manuscriptsAll publications, or give and other forms of public disclosure such as abstracts and presentations, of results of studies carried out under this Agreement or otherwise relating to the Inhaled PlanProduct (each of the foregoing, a “Publication”) shall comply with the strategy established by the JPC pursuant to Section 3.1(a)(i). Neither Party nor their Affiliates may submit for publication, publish or present a Publication without the opportunity for prior review by the other Party, except to the extent required by applicable Laws. A Party seeking publication seeking, or whose Affiliate is seeking, to submit, publish or present a Publication shall provide the other Party the opportunity to review and comment on any the proposed publication that contains the results of studies carried out under the Inhaled Plan Publication at least sixty fifteen (6015) days prior to its intended submission for publication; provided, that Liquidia shall not have the right to publish any information publication or material relating to Inhaled Products, Research Products, Research Materials, Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. GSK Materials, or any results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan, without GSK’s prior consentpresentation. The other Party shall provide the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present with its comments in writing, if any, within thirty ten (3010) days after receipt of such proposed publicationPublication. The Party seeking publication seeking, or whose Affiliate is seeking, to publish or present shall consider in good faith any comments thereto provided by the other Party and shall comply with the other Party’s request to remove any and all of such other Party’s Confidential Information from the proposed publicationPublication; provided, however, that Information arising from a Shared Study shall not be considered the other Party’s Confidential Information for purposes of this Section 11.3. In addition, the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present shall delay the submission for a period of up to sixty thirty (6030) days after the other Party’s receipt of the proposed publication in the event that the other Party can demonstrate reasonable need for such delay, including the preparation delay in order to prepare and filing of file a patent applicationapplication for which it has prosecution control pursuant to this Agreement. If the other Party fails to provide its comments to the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present within such thirty ten (30) day 10)-day period, such other Party shall be deemed not to have any comments, and the Party seeking publication seeking, or whose Affiliate is seeking, to publish or present shall be free to publish submit for publication or present in accordance with this Section 14.3 11.3 after the sixty fifteen (60) day 15)-day period has elapsed. The Party seeking publication seeking, or whose Affiliate is seeking, to publish or present shall provide the other Party a copy of the manuscript manuscript, abstract or presentation at the time of the submissionsubmission or presentation, as applicable. Each Party agrees to acknowledge the contributions of the other Party and its Affiliates and their employees in all publications publications, as scientifically appropriate. For the avoidance of doubt, GSK shall not be required to seek Liquidia’s review of publications that contain results of studies carried out by or on behalf of GSK outside the scope of the Inhaled Plan. In addition to the foregoing, to the extent Liquidia receives a proposed public disclosure or publication from UNC in accordance with Section 2.2 of the UNC License Agreement or Section 6 of the UNC Research Agreement, then Liquidia shall ensure that GSK is given the opportunity to review and possibly delay such public disclosure or publication in order to protect Liquidia Know-How that may be disclosed in such public disclosure or publication in accordance with the terms of the UNC License Agreement.

Appears in 1 contract

Samples: License, Development and Commercialization Agreement (Spectrum Pharmaceuticals Inc)

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