Common use of Publication Rights Clause in Contracts

Publication Rights. Nothing in this Agreement affects the right of either Party to publish papers and make public presentations relating to the Research Project and Research Results so long as they are made consistent with the terms of this Section. Prior to submission for publication or public presentation of a manuscript or abstract describing the results of the Research Project, the Publishing Party will send a copy of the proposed manuscript or abstract to the Non-Publishing Party. Within ten (10) days of the Non-Publishing Party’s receipt of the manuscript, the Non-Publishing Party shall identify for the Publishing Party, in writing, specific information in the manuscript that the Non-Publishing Party identifies as patentable, or as its Confidential Information that was inadvertently included and that it wishes to have deleted. If the Non-Publishing Party identifies patentable information, it will also notify the Publishing Party in what countries the Non-Publishing Party intends to seek patent protection. Upon receipt of the Non-Publishing Party’s written notice under Section VIII.B above, the Publishing Party will delete any Confidential Information of the Non-Publishing Party as identified, and/or delay submission of the manuscript for sixty (60) days, or a longer period to which the Parties agree that conforms to the UMD of Maryland’s Policy on Classified and Proprietary Work, as approved by the Board of Regents and amended from time to time, to permit the Non-Publishing Party to prepare and file a patent application(s) on the identified patentable information. The Non-Publishing Party will notify the Publishing Party promptly of such filing. After expiration of the delay period or upon the filing of a patent application, whichever is the first to occur, the Publishing Party shall be free to submit the manuscript for publication. If the 10-day review period expires without written notice from the Non-Publishing Party to the Publishing Party, the Publishing Party shall be free to submit such manuscript for publication and to publish the disclosed research results in any manner consistent with professional standards. Limitations on publications and presentations identified above shall not limit the discussion of pertinent portions of the Research Project with co-workers on the UMD’s campus in performing the Research Project, nor shall they prohibit student(s) from presenting theses in fulfillment of requirements for advanced degrees. The author(s) of any publication arising under this Agreement shall have the final right to determine the scope and content of any paper or presentation, subject to the limited right of review granted to the other Party as described herein. The obligations under this Section will expire one (1) year from the date this Agreement expires.

Publication Rights. Nothing Each Party agrees that it shall not, and shall cause its Affiliates and its and their Affiliates’ employees, consultants, contractors, licensees and agents not to, publish or publicly present any results of any preclinical or clinical studies with respect to any Licensed Product without the prior consent of the other Party (which shall not be unreasonably withheld), except as may be required by applicable Law, legal proceedings or for patent filings. Each Party acknowledges that the other Party has an interest in the publication of studies related to Licensed Products conducted by itself and its collaborators, and agrees that the JSC will be responsible for determining which publications of this Agreement affects the right of either Party to publish papers and make public presentations relating nature can occur without prejudice to the Research Project and Research Results so long as they are made consistent with the terms of this Section. Prior to submission for publication or public presentation of a manuscript or abstract describing the results interests of the Research Project, the Publishing Party will send a copy of the proposed manuscript or abstract other Party. Subject to the Non-Publishing Party. Within ten (10) days of the Non-Publishing Party’s receipt of the manuscriptforegoing, the Non-Publishing each Party shall identify for the Publishing Party, in writing, specific information in the manuscript that the Non-Publishing Party identifies as patentable, or as its Confidential Information that was inadvertently included and that it wishes to have deleted. If the Non-Publishing Party identifies patentable information, it will also notify the Publishing Party in what countries the Non-Publishing Party intends to seek patent protection. Upon receipt of the Non-Publishing Party’s written notice under Section VIII.B above, the Publishing Party will delete any Confidential Information of the Non-Publishing Party as identified, and/or delay submission of the manuscript for sixty (60) days, or a longer period to which the Parties agree that conforms to the UMD of Maryland’s Policy on Classified and Proprietary Work, as approved by the Board of Regents and amended from time to time, to permit the Non-Publishing Party to prepare and file a patent application(s) on the identified patentable information. The Non-Publishing Party will notify the Publishing Party promptly of such filing. After expiration of the delay period or upon the filing of a patent application, whichever is the first to occur, the Publishing Party shall be free to submit the manuscript for publication. If the 10-day review period expires without written notice from the Non-Publishing Party to the Publishing Party, the Publishing Party shall be free to submit such manuscript for publication and to publish the disclosed research results in any manner consistent with professional standards. Limitations on publications and presentations identified above shall not limit the discussion of pertinent portions of the Research Project with co-workers on the UMD’s campus in performing the Research Project, nor shall they prohibit student(s) from presenting theses in fulfillment of requirements for advanced degrees. The author(s) of any publication arising under this Agreement shall have the final right to determine the scope and content of any paper or presentation, subject to the limited right of review granted provide to the other Party as described hereinthe opportunity to review any proposed abstracts, manuscripts or summaries of presentations that disclose any Confidential Information or results of preclinical or clinical studies with respect to any Licensed Product at least forty-five (45) days prior to the submission of such proposed abstract, manuscript or summary for publication or presentation. The obligations under reviewing Party shall have the right: to propose modifications to the proposed disclosure; to prohibit or delay the proposed disclosure for patent reasons, trade secret reasons or business reasons; or to request a reasonable delay in publication or presentation in order to protect patentable information. If the reviewing Party requests a delay, the publishing Party shall delay submission or presentation for a period of up to ninety (90) days to enable patent applications protecting each Party’s rights in such information to be filed. If the reviewing Party requests modifications to the proposed disclosure, the publishing Party shall edit the proposed disclosure pursuant to the reviewing Party’s request prior to its submission. If the reviewing Party prohibits publication, the publishing Party shall not publish the public presentation during the Term of this Agreement. With respect to any proposed abstracts, manuscripts or summaries for publication or presentation by investigators or other Third Parties, such materials shall be subject to review in accordance with the terms and conditions of the clinical trial agreement entered into by a Party with such Third Party; provided that such clinical trial agreement has been approved in writing in advance by the JSC in accordance with Section will expire one 8.1(d)(i) & (1) year from the date this Agreement expiresii).

Publication Rights. Nothing in this Agreement affects For a period of [ * ] years from the right of Effective Date (“Publication Review Period”), and on a Project Compound-by-Project Compound basis, if either Party desires to publish papers or disclose any Results or Information related to a Project Compound that have not been previously published or disclosed, the disclosing Party shall provide its proposed publication or presentation to the other Party [ * ] days in advance of submission to any publisher or presentation (as applicable), and make public the other Party shall have the opportunity to review and comment on any proposed manuscripts or the substance of any presentations relating to such Results or Information related to a Project Compound. The Parties shall review and consider the Research Project and Research Results so long as they are made consistent with comments related thereto by the terms other Party in good faith. In the case of this Section. Prior to submission for the Foundation desiring publication or public presentation of a manuscript or abstract describing disclosure, Anacor shall notify the results of the Research Project, the Publishing Party will send a copy of the proposed manuscript or abstract to the Non-Publishing Party. Within ten (10) Foundation within [ * ] days of the Non-Publishing PartyAnacor’s receipt of the manuscript, proposed disclosure and shall inform the Non-Publishing Party shall identify for the Publishing Party, in writing, specific information in the manuscript that the Non-Publishing Party identifies as patentable, or as its Confidential Information that was inadvertently included and that it wishes Foundation of either: (x) Anacor’s decision to have deleted. If the Non-Publishing Party identifies patentable information, it will also notify the Publishing Party in what countries the Non-Publishing Party intends to seek patent protection. Upon receipt of the Non-Publishing Party’s written notice under Section VIII.B above, the Publishing Party will delete any Confidential Information of the Non-Publishing Party as identified, and/or delay submission of the manuscript for sixty (60) days, or a longer period to which the Parties agree that conforms to the UMD of Maryland’s Policy on Classified and Proprietary Work, as approved by the Board of Regents and amended from time to time, to permit the Non-Publishing Party to prepare and file a patent application(sapplication covering the applicable Results or Information related to a Project Compound, in which case the Foundation shall delay such publication or disclosure up to [ * ] days to permit Anacor to pursue patent filing (“Patent Filing Period”), or (y) on the identified patentable information. The Non-Publishing Party will notify the Publishing Party promptly of such filing. After expiration of the delay period or upon the filing of Anacor’s decision not to file a patent applicationapplication covering the applicable Results or Information related to a Project Compound, whichever is in which case the first to occur, the Publishing Party shall be free to submit the manuscript for publication. If the 10-day review period expires without written notice from the Non-Publishing Party to the Publishing Party, the Publishing Party shall be free to submit such manuscript for publication and to publish the disclosed research results in any manner consistent with professional standards. Limitations on publications and presentations identified above shall not limit the discussion of pertinent portions of the Research Project with co-workers on the UMD’s campus in performing the Research Project, nor shall they prohibit student(s) from presenting theses in fulfillment of requirements for advanced degrees. The author(s) of any publication arising under this Agreement Foundation shall have the final right to determine promptly publish or disclose such Results or Information related to a Project Compound requested to be disclosed. In the scope and content event Anacor desires the Foundation to further defer publishing or disclosing the applicable Results or Information related to a Project Compound and/or to defer publishing or disclosing the chemical structure of any paper applicable compounds in or presentationrelated to such Results or Information related to a Project Compound, subject Anacor shall provide a reasonable justification for its desire not to publish chemical structures, and the limited right of review granted to the other Party as described hereinFoundation shall consider such justification in good faith [ * ]. The obligations under this Section will expire one (1) year from the date this Agreement expires[ * ] = 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 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

Publication Rights. Nothing Each Party agrees that it shall not, and shall cause its Affiliates and its and their Affiliates’ employees, consultants, contractors, licensees and agents not to, publish or publicly present any results of any preclinical or clinical studies with respect to Ficlatuzumab or VeriStrat in connection with Ficlatuzumab without the prior written consent of the other Party (which shall not be unreasonably withheld), except as may be required by applicable Law or legal proceedings. Each Party acknowledges that the other Party has an interest in the publication of studies related to Ficlatuzumab and VeriStrat in connection with Ficlatuzumab, and agrees that the JSC will be responsible for determining which publications of this Agreement affects the right of either Party to publish papers and make public presentations relating nature can occur without prejudice to the Research Project and Research Results so long as they are made consistent with the terms of this Section. Prior to submission for publication or public presentation of a manuscript or abstract describing the results interests of the Research Project, the Publishing Party will send a copy of the proposed manuscript or abstract other Party. Subject to the Non-Publishing Party. Within ten (10) days of the Non-Publishing Party’s receipt of the manuscriptforegoing, the Non-Publishing each Party shall identify for the Publishing Party, in writing, specific information in the manuscript that the Non-Publishing Party identifies as patentable, or as its Confidential Information that was inadvertently included and that it wishes to have deleted. If the Non-Publishing Party identifies patentable information, it will also notify the Publishing Party in what countries the Non-Publishing Party intends to seek patent protection. Upon receipt of the Non-Publishing Party’s written notice under Section VIII.B above, the Publishing Party will delete any Confidential Information of the Non-Publishing Party as identified, and/or delay submission of the manuscript for sixty (60) days, or a longer period to which the Parties agree that conforms to the UMD of Maryland’s Policy on Classified and Proprietary Work, as approved by the Board of Regents and amended from time to time, to permit the Non-Publishing Party to prepare and file a patent application(s) on the identified patentable information. The Non-Publishing Party will notify the Publishing Party promptly of such filing. After expiration of the delay period or upon the filing of a patent application, whichever is the first to occur, the Publishing Party shall be free to submit the manuscript for publication. If the 10-day review period expires without written notice from the Non-Publishing Party to the Publishing Party, the Publishing Party shall be free to submit such manuscript for publication and to publish the disclosed research results in any manner consistent with professional standards. Limitations on publications and presentations identified above shall not limit the discussion of pertinent portions of the Research Project with co-workers on the UMD’s campus in performing the Research Project, nor shall they prohibit student(s) from presenting theses in fulfillment of requirements for advanced degrees. The author(s) of any publication arising under this Agreement shall have the final right to determine the scope and content of any paper or presentation, subject to the limited right of review granted provide to the other Party as described hereinthe opportunity to review any proposed abstracts, manuscripts or summaries of presentations that cover Ficlatuzumab or VeriStrat in connection with Ficlatuzumab at least [**] days prior to the submission of such proposed abstract, manuscript or summary for publication or presentation. The obligations receiving Party shall designate a Person who shall be responsible for reviewing and approving such publications or presentations. The non-publishing Party shall have the right to reasonably require removal of its Confidential Information from such publications or presentations. In addition, the publishing Party shall delay any publication for a period of up to [**] days at the request of the other Party where such delay is reasonably necessary in relation to a patent filing by the other Party. Such designated Person shall respond promptly and in no event later than [**] days after receipt of the proposed material. With respect to any proposed abstracts, manuscripts or summaries for publication or presentation by investigators or other Third Parties, such materials shall be subject to review under the principles of this Section will expire one 10.3 to the extent reasonably practicable. Nothing in this Article X shall be construed to limit the right of Biodesix’s or AVEO’s clinical investigators to publish the results of their own studies, provided that the Parties shall endeavor to obtain customary review rights in their agreements with clinical investigators and/or their institutions. In the event a Party exercises its Opt-Out right, (1i) year from the date obligations in this Agreement expiresSection 10.3 shall continue to apply to any publication or presentation by AVEO with respect to Biodesix Intellectual Property or Veristrat, (ii) either Party shall provide at least [**] days prior written notice of any publication or presentation by such Party of any Clinical Data, Diagnostic Data or Biomarker Data generated prior to the exercise of such Opt-Out, , and (iii) the obligations in this Section 10.3 shall no longer apply to other publications or presentations.