Common use of Technical Publication Clause in Contracts

Technical Publication. Pfenex may not publish peer reviewed manuscripts, or provide other forms of public disclosure including abstracts and presentations, of results of studies carried out under the Development Plans, or otherwise pertaining to a Product, without the prior written consent of Jazz. Commencing upon (a) the end of the Assessment Period for a HemOnc Product for which Jazz has not provided a Declination Notice in the case of each HemOnc Product and (b) Option Exercise in the case of the Pegaspargase Product, Jazz shall have the right to publish and otherwise publicly disclose peer reviewed manuscripts, or provide other forms of public disclosure including abstracts and presentations, of results of studies carried out by or on behalf of Jazz under the Development Plan for the applicable Product concerning the Development and Commercialization of such Product, including on ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, subject to compliance with this Section 10.3. In the event that Jazz desires to make such a publication or public presentation of a technical nature describing the manufacturing process of a Product, it shall provide Pfenex with at least ten (10) days to review and comment on such proposed publication or presentation prior to its submission for publication or presentation. Pfenex shall have the right to delay publication or presentation for up to an additional thirty (30) days in order to enable patent applications protecting each Party’s rights in such Information to be filed, and Pfenex shall also have the right to prohibit the disclosure of any of its Confidential Information contained in any such proposed publication or presentation. In any permitted publication or presentation by a Party, the other Party’s contribution shall be duly recognized, and co-authorship shall be determined, in accordance with customary standards.