Common use of Authorized Use and Disclosure Clause in Contracts

Authorized Use and Disclosure. Each Party may use and disclose Confidential Information of the other Party as follows: (a) under appropriate confidentiality provisions substantially equivalent to those in this Agreement in connection with the performance of its obligations or exercise of rights granted to such Party in this Agreement; (b) to the extent such disclosure is reasonably necessary for complying with the terms of agreements with Third Parties subject to appropriate confidentiality provisions consistent with those in this Agreement, prosecuting or defending litigation or otherwise required by Applicable Law or the rules of any stock exchange on which a Parties shares are listed from time-to-time, provided, however, that if a Party is required by Applicable Law (or the rules of any stock exchange) to make any such disclosure of the other Party’s Confidential Information it will, except where impracticable for necessary disclosures (for example, in the event of medical emergency), give reasonable advance notice to the other Party of such disclosure requirement and, except to the extent inappropriate, will use its reasonable efforts to secure confidential treatment of such Confidential Information required to be disclosed; (c) in communication with existing and potential contractors, investors, acquirers, consultants, advisors (including financial advisors, lawyers and accountants) and others on a need to know basis, in each case, under appropriate confidentiality provisions and a written agreement substantially equivalent to those of this Agreement; or (d) to the extent mutually agreed to by the Parties in writing.

Authorized Use and Disclosure. Each Party may use and disclose Confidential Information of the other Party as follows: (ai) under appropriate confidentiality provisions substantially equivalent to those in this Agreement Agreement, in connection with the performance of its obligations or exercise of rights granted to such Party in this Agreement; (bii) to the extent such disclosure is reasonably necessary for in filing for, prosecuting or maintenance of Patents, copyrights and trademarks (including applications therefor) in accordance with this Agreement, complying with the terms of agreements with Third Parties subject to appropriate confidentiality provisions consistent with those in this AgreementParties, prosecuting or defending litigation litigation, complying with applicable governmental regulations, filing for, conducting preclinical or clinical trials, obtaining and maintaining regulatory approvals (including Marketing Approvals), marketing Licensed Products, or otherwise required by Applicable Law applicable law or the rules of any stock exchange on which a Parties shares are listed from time-to-timeregulation, provided, however, that if a Party is required by Applicable Law (law or the rules of any stock exchange) regulation to make any such disclosure of the other Party’s Confidential Information it will, except where impracticable for necessary disclosures (for example, in the event of medical emergency), give reasonable advance notice to the other Party of such disclosure requirement and, except to the extent inappropriateinappropriate in the case of patent applications, will use its reasonable efforts to secure confidential treatment of such Confidential Information required to be disclosed; (ciii) in communication with existing and potential contractors, investors, acquirers, consultants, advisors (including financial advisors, lawyers and accountants) and others on a need to know basis, in each case, case under appropriate confidentiality provisions and a written agreement substantially equivalent to those of this Agreement; or (div) to the extent mutually agreed to by the Parties in writingParties.

Authorized Use and Disclosure. Each Party may use and disclose Confidential Information of the other Party as follows: (ai) under appropriate confidentiality provisions substantially equivalent to those in this Agreement Agreement, in connection with the performance of its obligations or exercise of rights granted to such Party in this Agreement; Agreement or the APA, (bii) to the extent such disclosure is reasonably necessary for complying with the terms in filing for, prosecuting or maintenance of agreements with Third Parties subject to appropriate confidentiality provisions consistent with those in this Agreementpatents, copyrights and trademarks (including applications therefor), prosecuting or defending litigation litigation, complying with applicable governmental regulations or otherwise required by Applicable Law or the rules of any stock exchange on which a Parties shares are listed from time-to-timeapplicable Law, provided, however, that if a Party is required by Applicable Law (or the rules of any stock exchange) to make any such disclosure of the other Party’s Confidential Information it will, except where impracticable for necessary disclosures (for example, in the event of medical emergency), give reasonable advance notice to the other Party of such disclosure requirement and, except to the extent inappropriateinappropriate in the case of patent applications, will use its reasonable efforts to secure confidential treatment of such Confidential Information required to be disclosed; , (ciii) in communication with existing and potential contractors, investors, acquirers, consultants, advisors (including financial advisors, lawyers and accountants) and others on a need to know basis, in each case, case under appropriate and customary confidentiality provisions under the circumstances, (iv) by VIVUS only to Acrux and a written agreement substantially equivalent to those of this Agreement; or (d) FemPharm to the extent mutually agreed reasonably necessary in complying with the terms of the Acrux License, and (v) by KVP to by the Parties extent reasonably necessary in writingfiling for, conducting preclinical or clinical trials for, obtaining and maintaining regulatory approvals for and manufacturing and commercializing Evamist in accordance with the terms hereof.