Common use of Commercial Considerations Clause in Contracts

Commercial Considerations. Nothing in this Agreement shall prevent Roche or its Affiliates from disclosing Confidential lnformation of lcagen to (i) governmental agencies to the extent required or desirable to secure government approval for the development, manufacture or sale of Product in the Territory, (ii) Third Parties acting on behalf of Roche, to the extent reasonably necessary for the development, manufacture or sale of Product in the Territory, provided such Third Parties are bound to maintain the confidentiality of such Confidential lnformation of lcagen to the same extent as the provisions contained in this Agreement, (iii) Third Parties requesting clinical trial data information (in accordance with Roche’s then-current data sharing policy) or (iv) Third Parties to the extent reasonably necessary to market the Product in the Territory. The Receiving Party may disclose Confidential lnformation of the Disclosing Party to the extent that such Confidential lnformation is required to be disclosed by the Receiving Party to comply with Applicable Law, to defend or prosecute litigation or to comply with governmental regulations, provided that the Receiving Party provides prior written notice of such disclosure to the Disclosing Party and, to the extent practicable, takes reasonable and lawful actions to minimize the degree of such disclosure.

Commercial Considerations. Nothing in this Agreement shall prevent Roche or its Affiliates from disclosing Confidential lnformation Information of lcagen MRT to (ia) governmental agencies agencies, including any Regulatory Authority, to the extent required or desirable to secure government approval for the developmentDevelopment, manufacture Manufacture or sale Commercialization of Product in the Territory, (iib) Third Parties acting on behalf of Roche, to the extent reasonably necessary for the developmentDevelopment, manufacture Manufacture or sale of Product in the Territory, provided such Third Parties are bound to maintain the confidentiality of such Confidential lnformation of lcagen to the same extent as the provisions contained in this Agreement, (iiic) Third Parties requesting clinical trial data information (in accordance with Roche’s then-current data sharing policy) or (ivd) Third Parties to the extent reasonably necessary to market the Product in the Territory; provided that, in the case of (b), (c), or (d), each Third Party is subject to confidentiality obligations consistent with this Agreement. The Receiving Party may disclose Confidential lnformation Information of the Disclosing Party to the extent that such Confidential lnformation Information is required to be disclosed by the Receiving Party to comply with Applicable Law, to defend or prosecute litigation or to comply with governmental regulations, provided that the Receiving Party provides prior written notice of such disclosure to the Disclosing Party and, to the extent practicable, takes reasonable and lawful actions to minimize the degree of such disclosure.

Commercial Considerations. Nothing in this Agreement shall prevent Roche or its Its Affiliates from disclosing Confidential lnformation Information of lcagen to (iPartner to: a) governmental agencies to the extent required or desirable to secure government approval for the development, manufacture or sale of Product a Companion Diagnostic in the Territory, (ii, b) Third Parties acting on behalf of Roche, to the extent reasonably necessary for the development, manufacture or sale of Product Companion Diagnostic in the Territory, provided that such Third Parties are Party is bound to maintain the by obligations of confidentiality of such Confidential lnformation of lcagen to the same extent as the provisions contained no less onerous than those in this Agreement, (iii) Third Parties requesting clinical trial data information (in accordance with Roche’s then-current data sharing policy) or (iv; or c) Third Parties to the extent reasonably necessary to market the Product Companion Diagnostic in the Territory, provided that such Third Party is bound by obligations of confidentiality no less onerous than those in this Agreement. The Receiving Party may disclose Confidential lnformation Information of the Disclosing Party to the extent that such Confidential lnformation Information is required to be disclosed by the Receiving Party to comply with Applicable Lawapplicable laws, to defend or prosecute litigation or to comply with governmental regulations, provided that the Receiving Party provides prior written notice of such disclosure to the Disclosing Party and, to the extent practicable, takes reasonable and lawful actions to minimize the degree of such disclosure.