Common use of Transparency Reporting Clause in Contracts

Transparency Reporting. 4.4.1. With respect to any annual reporting period in which Antigen Express is not an entity that is required to make a Transparency Report under Applicable Law, Antigen Express will: (a) notify Merck, in writing, within thirty (30) days after the commencement of such reporting period that Antigen Express is not so required; and (b) during such reporting period Antigen Express will track and provide to Merck data regarding “indirect” payments or other transfers of value by Antigen Express to such health care professionals to the extent such payments or other transfers of value were required, instructed, directed or otherwise caused by Merck pursuant to this Agreement in the format requested by Merck and provided on a basis to be agreed upon by both Parties. Antigen Express represents and warrants that any data provided by Antigen Express to Merck pursuant to Section 4.4.1(b) above will be complete and accurate to the best of Antigen Express knowledge. 4.4.2. With respect to any annual reporting period in which Antigen Express is required to make a Transparency Report under Applicable Law, Antigen Express will provide to Merck, in writing, Antigen Express’ point of contact for purposes of receiving information from Merck pursuant to this Section 4.4, along with such contact’s full name, email address, and telephone number. Antigen Express may update such contact from time to time by notifying Merck in writing pursuant to Article 22 (Notices). Where applicable, Merck will provide to such Antigen Express contact all information regarding the value of the Merck Compound provided for use in the Study required for such reporting. In the event that the value of the Merck Compound provided pursuant to this Section 4.4.2 changes, Merck shall notify Antigen Express of such revised value and the effective date thereof. 4.4.3. For purposes of this Section 4.4, “Transparency Report” means a transparency report in connection with reporting payments and other transfers of value made to health care professionals, including, without limitation, investigators, steering committee members, data monitoring committee members, and consultants in connection with the Study in accordance with reporting requirements under Applicable Law, including, without limitation, the Physician Payment Sunshine Act and state gift laws, and the European Federation of Pharmaceutical Industries and Associations Disclosure Code, or a Party’s applicable policies.

Transparency Reporting. 4.4.14.3.1. With respect to any annual reporting period in which Antigen Express FLX is not an entity that is required to make a Transparency Report under Applicable Law, Antigen Express FLX will: (a) notify Merck, in writing, within thirty (30) [***] days after the commencement of such reporting period that Antigen Express FLX is not so required; and (b) during such reporting period Antigen Express FLX will track and provide to Merck data regarding “indirect” payments or other transfers of value by Antigen Express FLX to such health care professionals to the extent such payments or other transfers of value were required, instructed, directed or otherwise caused by Merck pursuant to this Agreement in the format requested by Merck and provided on a basis to be agreed upon by both Parties. Antigen Express FLX represents and warrants that any data provided by Antigen Express FLX to Merck pursuant to Section 4.4.1(b4.3.1(b) above will be complete and accurate to the best of Antigen Express FLX’s knowledge. 4.4.24.3.2. With respect to any annual reporting period in which Antigen Express FLX is required to make a Transparency Report under Applicable Law, Antigen Express FLX will provide to Merck, in writing, Antigen Express’ FLX’s point of contact for purposes of receiving information from Merck pursuant to this Section 4.44.3, along with such contact’s full name, email address, and telephone number. Antigen Express FLX may update such contact from time to time by notifying Merck in writing pursuant to Article 22 (Notices). Where applicable, Merck will provide to such Antigen Express FLX contact all information regarding the value of the Merck Compound provided for use in the Study required for such reporting. In the event that the value of the Merck Compound provided pursuant to this Section 4.4.2 4.3.2 changes, Merck shall notify Antigen Express FLX of such revised value and the effective date thereof. 4.4.34.3.3. For purposes of this Section 4.44.3, “Transparency Report” means a transparency report in connection with reporting payments and other transfers of value made to health care professionals, including, without limitation, investigators, steering committee members, data monitoring committee members, and consultants in connection with the Study in accordance with reporting requirements under Applicable Law, including, without limitation, the Physician Payment Sunshine Act and state gift laws, and the European Federation of Pharmaceutical Industries and Associations Disclosure Code, or a Party’s applicable policies.

Transparency Reporting. 4.4.1. 4.4.1 With respect to any annual reporting period in which Antigen Express Company is not an entity that is required to make a Transparency Report under Applicable Law, Antigen Express Company will: (a) notify Merck, in writing, within thirty * (30*) days after the commencement of such reporting period that Antigen Express Company is not so required; and (b) during such reporting period Antigen Express Company will track and provide to Merck data regarding “indirect” payments or other transfers of value by Antigen Express Company to such health care professionals to the extent such payments or other transfers of value were required, instructed, directed or otherwise caused by Merck pursuant to this Agreement in the format requested by Merck and provided on a basis to be agreed upon by both Parties. Antigen Express Company represents and warrants that any data provided by Antigen Express Company to Merck pursuant to Section 4.4.1(b) above will be complete and accurate to the best of Antigen Express Company’s knowledge. 4.4.2. 4.4.2 With respect to any annual reporting period in which Antigen Express Company is required to make a Transparency Report under Applicable Law, Antigen Express Company will provide to Merck, in writing, Antigen Express’ Company’s point of contact for purposes of receiving information from Merck pursuant to this Section 4.4, along with such contact’s full name, email address, and telephone number. Antigen Express Company may update such contact from time to time by notifying Merck in writing pursuant to Article Section 22 (Notices). Where applicable, Merck will provide to such Antigen Express Company contact all information regarding the value of the Merck Compound provided for use in the Study required for such reporting. In the event that the value of the Merck Compound provided pursuant to this Section 4.4.2 changes, Merck shall notify Antigen Express Company of such revised value and the effective date thereof. 4.4.3. 4.4.3 For purposes of this Section 4.4, “Transparency Report” means a transparency report in connection with reporting payments and other transfers of value made to health care professionals, including, without limitation, investigators, steering committee members, data monitoring committee members, and consultants in connection with the Study in accordance with reporting requirements under Applicable Law, including, without limitation, the Physician Payment Sunshine Act and state gift laws, and the European Federation of Pharmaceutical Industries and Associations Disclosure Code, or a Party’s applicable policies. *Confidential material redacted and filed separately with the Commission.

Transparency Reporting. 4.4.1. With respect to any annual reporting period in which Antigen Express Company is not an entity that is required to make a Transparency Report under Applicable Law, Antigen Express Company will: (a) notify Merck, in writing, within thirty (30) days *** after the commencement of such reporting period that Antigen Express Company is not so required; and (b) during such reporting period Antigen Express Company will track and provide to Merck data regarding “indirect” payments or other transfers of value by Antigen Express Company to such health care professionals to the extent such payments or other transfers of value were required, instructed, directed or otherwise caused by Merck pursuant to this Agreement in the format requested by Merck and provided on a basis to be agreed upon by both Parties. Antigen Express Company represents and warrants that any data provided by Antigen Express Company to Merck pursuant to Section 4.4.1(b) above will be complete and accurate to the best of Antigen Express Company’s knowledge. 4.4.2. With respect to any annual reporting period in which Antigen Express Company is required to make a Transparency Report under Applicable Law, Antigen Express Company will provide to Merck, in writing, Antigen Express’ Company’s point of contact for purposes of receiving information from Merck pursuant to this Section 4.4, along with such contact’s full name, email address, and telephone number. Antigen Express Company may update such contact from time to time by notifying Merck in writing pursuant to Article Section 22 (Notices). Where applicable, Merck will provide to such Antigen Express Company contact all information regarding the value of the Merck Compound provided for use in the Study required for such reporting. In the event that the value of the Merck Compound provided pursuant to this Section 4.4.2 changes, Merck shall notify Antigen Express Company of such revised value and the effective date thereof. 4.4.3. For purposes of this Section 4.4, “Transparency Report” means a transparency report in connection with reporting payments and other transfers of value made to health care professionals, including, without limitation, investigators, steering committee members, data monitoring committee members, and consultants in connection with the Study in accordance with reporting requirements under Applicable Law, including, without limitation, the Physician Payment Sunshine Act and state gift laws, and the European Federation of Pharmaceutical Industries and Associations Disclosure Code, or a Party’s applicable policies.”

Transparency Reporting. 4.4.14.3.1. With respect to any annual reporting period in which Antigen Express Intensity is not an entity that is required to make a Transparency Report under Applicable Law, Antigen Express Intensity will: (a) notify MerckMSD, in writing, within thirty (30) days [***] after the commencement of such reporting period that Antigen Express Intensity is not so required; and (b) during such reporting period Antigen Express Intensity will track and provide to Merck MSD data regarding “indirect” payments or other transfers of value by Antigen Express Intensity to such health care professionals to the extent such payments or other transfers of value were required, instructed, directed or otherwise caused by Merck MSD pursuant to this Agreement in the format requested by Merck MSD and provided on a basis to be agreed upon by both Parties. Antigen Express Intensity represents and warrants that any data provided by Antigen Express Intensity to Merck MSD pursuant to Section 4.4.1(b4.3.1(b) above will be complete and accurate to the best of Antigen Express Intensity’s knowledge. 4.4.24.3.2. With respect to any annual reporting period in which Antigen Express Intensity is required to make a Transparency Report under Applicable Law, Antigen Express Intensity will provide to MerckMSD, in writing, Antigen Express’ Intensity’s point of contact for purposes of receiving information from Merck MSD pursuant to this Section 4.44.3, along with such contact’s full name, email address, and telephone number. Antigen Express Intensity may update such contact from time to time by notifying Merck MSD in writing pursuant to Article 22 (Notices). Where applicable, Merck MSD will provide to such Antigen Express Intensity contact all information regarding the value of the Merck MSD Compound provided for use in the Study required for such reporting. In the event that the value of the Merck MSD Compound provided pursuant to this Section 4.4.2 4.3.2 changes, Merck MSD shall notify Antigen Express Intensity of such revised value and the effective date thereof. 4.4.34.3.3. For purposes of this Section 4.44.3, “Transparency Report” means a transparency report in connection with reporting payments and other transfers of value made to health care professionals, including, without limitation, investigators, steering committee members, data monitoring committee members, and consultants in connection with the Study Intensity Clinical Trial in accordance with reporting requirements under Applicable Law, including, without limitation, the Physician Payment Sunshine Act and state gift laws, and the European Federation of Pharmaceutical Industries and Associations Disclosure Code, or a Party’s applicable policies.

Transparency Reporting. 4.4.1. With respect to any annual reporting period in which Antigen Express Company is not an entity that is required to make a Transparency Report under Applicable Law, Antigen Express Company will: (a) notify MerckMSD, in writing, within thirty (30) [***] days after the commencement of such reporting period that Antigen Express Company is not so required; and (b) during such reporting period Antigen Express Company will track and provide to Merck MSD data regarding “indirect” payments or other transfers of value by Antigen Express Company to such health care professionals to the extent such payments or other transfers of value were required, instructed, directed or otherwise caused by Merck MSD pursuant to this Agreement in the format requested by Merck MSD and provided on a basis to be agreed upon by both Parties. Antigen Express Company represents and warrants that any data provided by Antigen Express Company to Merck MSD pursuant to Section 4.4.1(b) above will be complete and accurate to the best of Antigen Express Company’s knowledge. 4.4.2. With respect to any annual reporting period in which Antigen Express Company is required to make a Transparency Report under Applicable Law, Antigen Express Company will provide to MerckMSD, in writing, Antigen Express’ Company’s point of contact for purposes of receiving information from Merck MSD pursuant to this Section 4.4, along with such contact’s full name, email address, and telephone number. Antigen Express Company may update such contact from time to time by notifying Merck MSD in writing pursuant to Article 22 (Notices). Where applicable, Merck MSD will provide to such Antigen Express Company contact all information regarding the value of the Merck MSD Compound provided for use in the Study required for such reporting. In the event that the value of the Merck MSD Compound provided pursuant to this Section 4.4.2 changes, Merck MSD shall notify Antigen Express Company of such revised value and the effective date thereof. 4.4.3. For purposes of this Section 4.4, “Transparency Report” means a transparency report in connection with reporting payments and other transfers of value made to health care professionals, including, without limitation, investigators, steering committee members, data monitoring committee members, and consultants in connection with the Study in accordance with reporting requirements under Applicable Law, including, without limitation, the Physician Payment Sunshine Act and state gift laws, and the European Federation of Pharmaceutical Industries and Associations Disclosure Code, or a Party’s applicable policies.

Transparency Reporting. 4.4.1. With respect to any annual reporting period in which Antigen Express Company is not an entity that is required to make a Transparency Report under Applicable Law, Antigen Express Company will: (a) notify Merck, in writing, within thirty (30) days after the commencement of such reporting period that Antigen Express Company is not so required; and (b) during such reporting period Antigen Express Company will track and provide to Merck data regarding “indirect” payments or other transfers of value by Antigen Express Company to such health care professionals to the extent such payments or other transfers of value were required, instructed, directed or otherwise caused by Merck pursuant to this Agreement in the format requested by Merck and provided on a basis to be agreed upon by both Parties. Antigen Express Company represents and warrants that any data provided by Antigen Express Company to Merck pursuant to Section 4.4.1(b) above will be complete and accurate to the best of Antigen Express Company’s knowledge. 4.4.2. With respect to any annual reporting period in which Antigen Express Company is required to make a Transparency Report under Applicable Law, Antigen Express Company will provide to Merck, in writing, Antigen Express’ Company’s point of contact for purposes of receiving information from Merck pursuant to this Section 4.4, along with such contact’s full name, email address, and telephone number. Antigen Express Company may update such contact from time to time by notifying Merck in writing pursuant to Article Section 22 (Notices). Where applicable, Merck will provide to such Antigen Express Company contact all information regarding the value of the Merck Compound provided for use in the Study required for such reporting. In the event that the value of the Merck Compound provided pursuant to this Section 4.4.2 changes, Merck shall notify Antigen Express Company of such revised value and the effective date thereof. 4.4.3. For purposes of this Section 4.4, “Transparency Report” means a transparency report in connection with reporting payments and other transfers of value made to health care professionals, including, without limitation, investigators, steering committee members, data monitoring committee members, and consultants in connection with the Study in accordance with reporting requirements under Applicable Law, including, without limitation, the Physician Payment Sunshine Act and state gift laws, and the European Federation of Pharmaceutical Industries and Associations Disclosure Code, or a Party’s applicable policies.

Transparency Reporting. 4.4.1. 4.4.1 With respect to any annual reporting period in which Antigen Express Rexahn is not an entity that is required to make a Transparency Report under Applicable Law, Antigen Express Rexahn will: (a) notify Merck, in writing, within thirty (30) days after the commencement of such reporting period [***] that Antigen Express Rexahn is not so required; and (b) during such reporting period Antigen Express Rexahn will track and provide to Merck data regarding “indirect” payments or other transfers of value by Antigen Express Rexahn to such health care professionals providers and health care professionals, but only to the extent such payments or other transfers of value were required, instructed, directed or otherwise caused by Merck pursuant to this Agreement in the format requested by Merck and provided on a basis to be agreed upon by both Parties. Antigen Express Rexahn represents and warrants that any data provided by Antigen Express Rexahn to Merck pursuant to Section 4.4.1(b) above will be complete and accurate to the best of Antigen Express Rexahn’s knowledge. 4.4.2. 4.4.2 With respect to any annual reporting period in which Antigen Express Rexahn is required to make a Transparency Report under Applicable Law, Antigen Express Rexahn will provide to Merck, in writing, Antigen Express’ Rexahn’s point of contact for purposes of receiving information from Merck pursuant to this Section 4.4, along with such contact’s full name, email address, and telephone number. Antigen Express Rexahn may update such contact from time to time by notifying Merck in writing pursuant to Article Section 22 (Notices). Where applicable, Merck will provide to such Antigen Express Rexahn contact all information regarding the value of the Merck Compound provided for use in the Study and any other information that may be required for Rexahn to satisfy its obligations under Applicable Law for such reporting. In the event that the value of the Merck Compound provided pursuant to this Section 4.4.2 changes, Merck shall notify Antigen Express Rexahn of such revised value and the effective date thereof. 4.4.3. 4.4.3 For purposes of this Section 4.4, “Transparency Report” means a transparency report in connection with reporting payments and other transfers of value made to health care providers or health care professionals, including, as applicable and without limitation, Study sites, investigators, steering committee members, data monitoring committee members, and consultants in connection with the Study in accordance with reporting requirements under Applicable Law, including, without limitation, the Physician Payment Sunshine Act and state gift laws, and the European Federation of Pharmaceutical Industries and Associations Disclosure Code, or a Party’s applicable policies.

Transparency Reporting. 4.4.1. With respect to any annual reporting period in which Antigen Express Company is not an entity that is required to make a Transparency Report under Applicable Law, Antigen Express Company will: (a) notify Merck, in writing, within thirty (30) **** days after the commencement of such reporting period that Antigen Express Company is not so required; and (b) during such reporting period Antigen Express Company will track and provide to Merck data regarding “indirect” payments or other transfers of value by Antigen Express Company to such health care professionals to the extent such payments or other transfers of value were required, instructed, directed or otherwise caused by Merck pursuant to this Agreement in the format requested by Merck and provided on a basis to be agreed upon by both Parties. Antigen Express Company represents and warrants that any data provided by Antigen Express Company to Merck pursuant to Section 4.4.1(b) above will be complete and accurate to the best of Antigen Express Company’s knowledge. 4.4.2. With respect to any annual reporting period in which Antigen Express Company is required to make a Transparency Report under Applicable Law, Antigen Express Company will provide to Merck, in writing, Antigen Express’ Company’s point of contact for purposes of receiving information from Merck pursuant to this Section 4.4, along with such contact’s full name, email address, and telephone number. Antigen Express Company may update such contact from time to time by notifying Merck in writing pursuant to Article Section 22 (Notices). Where applicable, Merck will provide to such Antigen Express Company contact all information regarding the value of the Merck Compound provided for use in the Study required for such reporting. In the event that the value of the Merck Compound provided pursuant to this Section 4.4.2 changes, Merck shall notify Antigen Express Company of such revised value and the effective date thereof. 4.4.3. For purposes of this Section 4.4, “Transparency Report” means a transparency report in connection with reporting payments and other transfers of value made to health care professionals, including, without limitation, investigators, steering committee members, data monitoring committee members, and consultants in connection with the Study in accordance with reporting requirements under Applicable Law, including, without limitation, the Physician Payment Sunshine Act and state gift laws, and the European Federation of Pharmaceutical Industries and Associations Disclosure Code, or a Party’s applicable policies.

Transparency Reporting. 4.4.1. 4.4.1 With respect to any annual reporting period in which Antigen Express PDS is not an entity that is required to make a Transparency Report under Applicable Law, Antigen Express PDS will: (a) notify Merck, in writing, within thirty (30) *** days after the commencement of such reporting period that Antigen Express PDS is not so required; and (b) during such reporting period Antigen Express PDS will track and provide to Merck data regarding “indirect” payments or other transfers of value by Antigen Express PDS to such health care professionals to the extent such payments or other transfers of value were required, instructed, directed or otherwise caused by Merck pursuant to this Agreement in the format requested by Merck and provided on a basis to be agreed upon by both Parties. Antigen Express PDS represents and warrants that any data provided by Antigen Express PDS to Merck pursuant to Section 4.4.1(b) above will be complete and accurate to the best of Antigen Express PDS’s knowledge. 4.4.2. 4.4.2 With respect to any annual reporting period in which Antigen Express PDS is required to make a Transparency Report under tinder Applicable Law, Antigen Express PDS will provide to Merck, in writing, Antigen Express’ PDS’s point of contact for purposes of receiving information from Merck pursuant to this Section 4.4, along with such contact’s full name, email address, and telephone number. Antigen Express PDS may update such contact from time to time by notifying Merck in writing pursuant to Article Section 22 (Notices). Where applicable, Merck will provide to such Antigen Express PDS contact all information regarding the value of the Merck Compound provided for use in the Study required for such reporting. In the event that the value of the Merck Compound provided pursuant to this Section 4.4.2 changes, Merck shall notify Antigen Express PDS of such revised value and the effective date thereof. 4.4.3. 4.4.3 For purposes of this Section 4.4, “Transparency Report” means a transparency report in connection with reporting payments and other transfers of value made to health care professionals, including, without limitation, investigators, steering committee members, data monitoring committee members, and consultants in connection with the Study in accordance with reporting requirements under Applicable Law, including, without limitation, the Physician Payment Sunshine Act and state gift laws, and the European Federation of Pharmaceutical Industries and Associations Disclosure Code, or a Party’s applicable policies. *** Portions of this page have been omitted pursuant to a request for Confidential Treatment filled separately with the Commission.