Common use of Common Interest Disclosures Clause in Contracts

Common Interest Disclosures. With regard to any information or opinions disclosed pursuant to this Agreement by one Party to the other regarding intellectual property and/or technology owned by Third Parties, Company (or its Affiliates) or Licensee (or its Affiliates), Company and Licensee agree that they have a common legal interest in determining whether, and to what extent, Third Party intellectual property rights may affect the conduct of the development, manufacturing, marketing and/or sale of Licensed Products, and have a further common legal interest in defending against any actual or prospective Third Party claims based on allegations of misuse or infringement of intellectual property rights relating to the development, manufacturing, marketing and/or sale of Licensed Products. Accordingly, Company and Licensee agree that all such information and materials obtained by Company and Licensee from each other will be used solely for purposes of the Parties’ common legal interests with respect to the conduct of the Agreement. All information and materials will be treated as protected by the attorney-client privilege, the work product privilege, and any other privilege or immunity that may otherwise be applicable. By sharing any such information and materials, neither Party intends to waive or limit any privilege or immunity that may apply to the shared information and materials. Neither Party shall have the authority to waive any privilege or immunity on behalf of the other Party without such other Party’s prior written consent, nor shall the waiver of privilege or immunity resulting from the conduct of one Party be deemed to apply against any other Party.

Common Interest Disclosures. With regard to any information or opinions disclosed pursuant to this Agreement by one Party to the each other regarding intellectual property and/or technology owned by Third Parties, Company (or its Affiliates) or Licensee (or its Affiliates), Company and Licensee the Parties agree that they have a common legal interest in determining whether, and to what extent, Third Party intellectual property rights may affect the conduct of the developmentactivities under the Research Plans or Library Compounds, manufacturingOther Compounds, marketing and/or sale of Collaboration Compounds, Products or Licensed Products, and have a further common legal interest in defending against any actual or prospective Third Party claims based on allegations of misuse or infringement of intellectual property rights relating to the developmentconduct of the activities under the Research Plans or Library Compounds, manufacturingOther Compounds, marketing and/or sale of Collaboration Compounds, Products or Licensed Products. Accordingly, Company and Licensee the Parties agree that all such information and materials obtained by Company BPM and Licensee Roche from each other will be used solely for purposes of the Parties’ common legal interests with respect to the conduct of the this Agreement. All information and materials will be treated as protected by the attorney-client privilege, the work product privilege, and any other privilege or immunity that may otherwise be applicable. By sharing any such information and materials, neither Party intends to waive or limit any privilege or immunity that may apply to the shared information and materials. Neither Party shall have the authority to waive any privilege or immunity on behalf of the other Party without such other Party’s prior written consent, nor shall the waiver of privilege or immunity resulting from the conduct of one Party be deemed to apply against any the other Party.

Common Interest Disclosures. With regard to any information or opinions disclosed pursuant to this Agreement by one Party to the each other regarding intellectual property and/or technology owned by Third Parties, Company (or its Affiliates) or Licensee (or its Affiliates), Company and Licensee the Parties agree that they have a common legal interest in determining whether, and to what extent, Third Party intellectual property rights may affect the conduct of the developmenta Research Plan, manufacturing, marketing and/or sale CoDev Product Plan or Development and Commercialization of Licensed Productsany CoDev Product, and have a further common legal interest in defending against any actual or prospective Third Party claims based on allegations of misuse or infringement of intellectual property rights relating to the development, manufacturing, marketing and/or sale of Licensed Productsthereto. Accordingly, Company and Licensee the Parties agree that all such information and materials obtained by Company PIRS and Licensee SGEN from each other will be used solely for purposes of the Parties’ common legal interests with respect to the conduct of the Agreement. All information and materials will be treated as protected by the attorney-client privilege, the work product privilege, and any other privilege or immunity that may otherwise be applicable. By sharing any such information and materials, neither Party intends to waive or limit any privilege or immunity that may apply to the shared information and materials. Neither Party shall have the authority to waive any privilege or immunity on behalf of the other Party without such other Party’s prior written consent, nor shall the waiver of privilege or immunity resulting from the conduct of one Party be deemed to apply against any other Party.

Common Interest Disclosures. With regard to any information or opinions disclosed pursuant to this Agreement Section 4.5 or Article 8 by one Party to the other Party regarding Prosecution and Maintenance of EPIZYME IP or CELGENE IP, or enforcement of intellectual property and/or technology owned by or against Third Parties, Company (or its Affiliates) or Licensee (or its Affiliates), Company EPIZYME and Licensee CELGENE agree that they have a common legal interest in determining the ownership, scope, validity and/or enforcement of EPIZYME IP and CELGENE IP, and whether, and to what extent, Third Party intellectual property rights may affect the conduct of the developmentDevelopment and Commercialization of any Compound (including Licensed Compound), manufacturing, marketing and/or sale of Licensed ProductsProduct or Diagnostic Product, and have a further common legal interest in defending against any actual or prospective Third Party claims based on allegations of misuse or infringement of intellectual property rights relating to the developmentDevelopment, manufacturingManufacturing, marketing and/or sale or Commercialization of any Compound (including Licensed ProductsCompound), Licensed Product or Diagnostic Product. Accordingly, Company and Licensee the Parties agree that all such information and materials obtained by Company and Licensee the Parties from each other will be used solely for purposes of the Parties’ common legal interests with respect to the conduct of the Agreement. All such information and materials will be treated as protected by the attorney-client privilege, the work product privilege, and any other privilege or immunity that may otherwise be applicable. By sharing any such information and materials, neither Party intends to waive or limit any privilege or immunity that may apply to the shared information and materials. Neither Party shall have the authority to waive any privilege or immunity on behalf of the other Party without such other Party’s prior written consent, nor shall the waiver of privilege or immunity resulting from the conduct of one Party be deemed to apply against any other Party.

Common Interest Disclosures. With regard to any information or opinions disclosed pursuant to this Agreement by one Party to the each other regarding intellectual property and/or technology owned by Third Parties, Company (or its Affiliates) or Licensee (or its Affiliates), Company and Licensee the Parties agree that they have a common legal interest in determining whether, and to what extent, Third Party intellectual property rights may affect the conduct of the development, manufacturing, marketing activities under this Agreement and/or sale of Licensed ProductsDNA Plasmids and/or Adjuvants and/or Products and/or Delivery Devices, and have a further common legal interest in defending against any actual or prospective Third Party claims based on allegations of misuse or infringement of intellectual property rights relating to the development, manufacturing, marketing conduct of the activities under this Agreement and/or sale of Licensed ProductsDNA Plasmids and/or Adjuvants and/or Products and/or Delivery Devices. Accordingly, Company and Licensee the Parties agree that all such information and materials obtained by Company Inovio and Licensee MedImmune from each other will be used solely for purposes of the Parties’ common legal interests with respect to the conduct of the Agreement. All information and materials will be treated as protected by the attorney-client privilege, the work product privilege, and any other privilege or immunity that may otherwise be applicable. By sharing any such information and materials, neither Party intends to waive or limit any privilege or immunity that may apply to the shared information and materials. Neither Party shall have the authority to waive any privilege or immunity on behalf of the other Party without such other Party’s prior written consent, nor shall the waiver of privilege or immunity resulting from the conduct of one Party be deemed to apply against any other Party.

Common Interest Disclosures. With regard to any information or opinions (including materials) disclosed pursuant to this Agreement by one Party to the other Party regarding intellectual property and/or technology rights owned or controlled by Third Parties, Company (or its Affiliates) or Licensee (or its Affiliates), Company and Licensee the Parties agree that they have a common legal interest in determining whether, and to what extent, Third Party intellectual property rights may affect the conduct Development, Manufacturing and/or Commercialization of the development, manufacturing, marketing and/or sale of Licensed Productsany Product, and have a further common legal interest in defending against any actual or prospective Third Party claims based on allegations of misuse or infringement of intellectual property rights relating to the developmentDevelopment, manufacturing, marketing Manufacturing and/or sale Commercialization of Licensed Productsany Product. Accordingly, Company and Licensee the Parties agree that all such information and materials obtained by Company and Licensee one Party from each the other Party will be used solely for purposes of the Parties’ common legal interests with respect to the conduct of the this Agreement. All information and materials will be treated as protected by the attorney-client privilege, the work product privilege, and any other privilege or immunity that may otherwise be applicable. By sharing any such information and materialsinformation, neither Party intends to waive or limit any privilege or immunity that may apply to the shared information and materialsinformation. Neither Party shall have the authority to waive any privilege or immunity on behalf of the other Party without such other Party’s prior written consent, nor shall the waiver of privilege or immunity resulting from the conduct of one Party be deemed to apply against any other Party.

Common Interest Disclosures. With regard to any information or opinions disclosed pursuant to this Agreement by one Party to the each other regarding intellectual property and/or technology owned by Third Parties, Company (or its Affiliates) or Licensee (or its Affiliates), Company and Licensee the Parties agree that they have a common legal interest in determining whether, and to what extent, Third Party intellectual property rights may affect the conduct of the development, manufacturing, marketing Development Plans and/or sale of Licensed Lead Product and/or Collaboration Products, and have a further common legal interest in defending against any actual or prospective Third Party claims based on allegations of misuse or infringement of intellectual property rights relating to the development, manufacturing, marketing conduct of the Development Plans and/or sale of Licensed Lead Product and/or Collaboration Products. Accordingly, Company and Licensee the Parties agree that all such information and materials obtained by Company Pieris and Licensee AstraZeneca from each other will be used solely for purposes of the Parties’ common legal interests with respect to the conduct of the Agreement. All information and materials will be treated as protected by the attorney-client privilege, the work product privilege, and any other privilege or immunity that may otherwise be applicable. By sharing any such information and materials, neither Party intends to waive or limit any privilege or immunity that may apply to the shared information and materials. Neither Party shall have the authority to waive any privilege or immunity on behalf of the other Party without such other Party’s prior written consent, nor shall the waiver of privilege or immunity resulting from the conduct of one Party be deemed to apply against any other Party.

Common Interest Disclosures. With regard to any information or opinions disclosed pursuant to this Agreement by one Party to the each other regarding intellectual property and/or technology owned by Third Parties, Company (or its Affiliates) or Licensee (or its Affiliates), Company and Licensee the Parties agree that they have a common legal interest in determining whether, and to what extent, Third Party intellectual property rights may affect the conduct of the developmentResearch Program, manufacturingPhase I Plan, marketing Development Plan and/or sale of Licensed Degronimids and/or Products, and have a further common legal interest in defending against any actual or prospective Third Party claims based on allegations of misuse or infringement of intellectual property rights relating to the developmentconduct of the Research Program, manufacturingPhase I Plan, marketing Development Plan and/or sale of Licensed Degronimids and/or Products. Accordingly, Company and Licensee the Parties agree that all such information and materials obtained by Company C4T and Licensee Roche from each other will be used solely for purposes of the Parties’ common legal interests with respect to the conduct of the Agreement. All information and materials will be treated as protected by the attorney-client privilege, the work product privilege, and any other privilege or immunity that may otherwise be applicable. By sharing any such information and materials, neither Party intends to waive or limit any privilege or immunity that may apply to the shared information and materials. Neither Party shall have the authority to waive any privilege or immunity on behalf of the other Party without such other Party’s prior written consent, nor shall the waiver of privilege or immunity resulting from the conduct of one Party be deemed to apply against any other Party.

Common Interest Disclosures. With regard to any information information, opinions or opinions other materials disclosed pursuant to this Agreement by one Party to the other Party regarding intellectual property and/or or technology owned by Third Parties, Company (or its Affiliates) or Licensee (or its Affiliates), Company ONO and Licensee FATE agree that they have a common legal interest in determining whether, and to what extent, Third Party intellectual property rights may affect the conduct performance of the developmentResearch, manufacturingDevelopment, marketing and/or sale manufacturing or Commercialization of Licensed Collaboration Products, and have a further common legal interest in defending against any actual or prospective Third Party claims based on allegations of misuse or infringement of intellectual property rights relating to the developmentperformance of the Research, manufacturingDevelopment, marketing and/or sale manufacturing or Commercialization of Licensed Collaboration Products. Accordingly, Company ONO and Licensee FATE agree that all such information information, opinions and other materials obtained by Company ONO and Licensee FATE from each other will be used solely for purposes of the Parties’ ' common legal interests with respect to the conduct of the this Agreement. All information such information, opinions and other materials will shall be treated as protected by the attorney-client privilege, the work product privilege, and any other privilege or immunity that may otherwise be applicable. By sharing any such information information, opinions and other materials, neither Party intends to waive or limit any privilege or immunity that may apply to the shared information information, opinions and other materials. Neither Party shall have the authority to waive any privilege or immunity on behalf of the other Party with respect to such information, opinions and other materials without such other Party’s 's prior written consent, nor shall the waiver of privilege or immunity resulting from the conduct of one Party be deemed to apply against any the other Party.

Common Interest Disclosures. With regard to any information or opinions disclosed pursuant to this Agreement by one Party to the each other regarding intellectual property and/or technology owned by Third Parties, Company (Metabolex or its Affiliates) or Licensee Xxxxxxx (or its Affiliates), Company Metabolex and Licensee Xxxxxxx agree that they have a common legal interest in determining whether, and to what extent, Third Party third party intellectual property rights may affect the conduct of the development, manufacturing, marketing and/or sale of Licensed PPAR-d Products, and have a further common legal interest in defending against any actual or prospective Third Party claims based on allegations of misuse or infringement of intellectual property rights relating to the development, manufacturing, marketing and/or sale of Licensed PPAR-d Products. Accordingly, Company Metabolex and Licensee Xxxxxxx agree that all such information and materials obtained by Company Metabolex and Licensee Xxxxxxx from each other [*] = 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. will be used solely for purposes of the Parties’ common legal interests with respect to the conduct of the Agreement. All information and materials will be treated as protected by the attorney-client privilege, the work product privilege, and any other privilege or immunity that may otherwise be applicable. By sharing any such information and materials, neither Party intends to waive or limit any privilege or immunity that may apply to the shared information and materials. Neither Party shall have the authority to waive any privilege or immunity on behalf of the other Party without such other Party’s prior written consent, nor shall the waiver of privilege or immunity resulting from the conduct of one Party be deemed to apply against any other Party.

Common Interest Disclosures. With regard to any information or opinions disclosed pursuant to this Agreement by one Party to the each other regarding intellectual property Intellectual Property and/or technology owned by Third Parties, Company (or its Affiliates) Licensor or Licensee (or its Affiliates), Company Licensor and Licensee agree that they have a common legal interest in determining whether, and to what extent, Third Party intellectual property Intellectual Property rights may affect the conduct of the development, manufacturing, marketing and/or sale of the Licensed Products, and have a further common legal interest in defending against any actual or prospective Third Party claims based on allegations of misuse or infringement of intellectual property Intellectual Property rights relating to the development, manufacturing, marketing and/or sale of the Licensed Products. Accordingly, Company Licensor and Licensee agree that all such information and materials obtained by Company Licensor and Licensee from each other will be used solely for purposes of the Parties’ common legal interests with respect to the conduct of the Agreement. All information and materials will be treated as protected by the attorney-attorney- client privilege, the work product privilege, and any other privilege or immunity that may otherwise be applicable. By sharing any such information and materials, neither Party intends to waive or limit any privilege or immunity that may apply to the shared information and materials. Neither Party shall have the authority to waive any privilege or immunity on behalf of the other Party without such other Party’s prior written consent, nor shall the waiver of privilege or immunity resulting from the conduct of one Party be deemed to apply against any other Party.

Common Interest Disclosures. With regard to any information or opinions disclosed pursuant to this Agreement by one Party to the other regarding intellectual property and/or technology owned by Third Parties, Company (or its Affiliates) or Licensee (or its Affiliates), Company and Licensee the Parties agree that they have a common legal interest in determining whether, and to what extent, Third Party third party intellectual property rights may affect the conduct of the developmentdevelopment and/or manufacture, manufacturing, marketing and/or use or sale of Licensed Compounds and/or Products, and have a further common legal interest in defending against any actual or prospective Third Party claims based on allegations of misuse or infringement of intellectual property rights relating to the developmentconduct of the development and/or manufacture, manufacturing, marketing and/or use or sale of Licensed Compounds and/or Products. Accordingly, Company and Licensee the Parties agree that all such information and materials obtained by Company EVOTEC and Licensee ROCHE from each other will be used solely for purposes of the Parties’ common legal interests with respect to the conduct of the Agreement. All information and materials will be treated as protected by the attorney-client privilege, the work product privilege, and any other privilege or immunity that may otherwise be applicable. By sharing any such information and materials, neither Party intends to waive or limit any privilege or immunity that may apply to the shared information and materials. Neither Party shall have the authority to waive any privilege or immunity on behalf of the other Party without such other Party’s prior written consent, nor shall the waiver of privilege or immunity resulting from the conduct of one Party be deemed to apply against any other Party.

Common Interest Disclosures. With regard to any information or opinions disclosed pursuant to this Agreement by one Party to the each other regarding intellectual property and/or technology owned by Third Parties, Company (or its Affiliates) or Licensee (or its Affiliates), Company and Licensee the Parties agree that they have a common legal interest in determining whether, and to what extent, Third Party intellectual property rights may affect the conduct of the development, manufacturing, marketing Compounds and/or sale of Licensed Products, and have a further common legal interest in defending against any actual or prospective Third Party claims based on allegations of misuse or infringement of intellectual property rights relating to the development, manufacturing, marketing Compounds and/or sale of Licensed Products. Accordingly, Company and Licensee the Parties agree that all such information and materials obtained by Company CinCor and Licensee Roche from each other will be used solely for purposes of the Parties’ common legal interests with respect to the conduct of the Agreement. All information and materials will be treated as protected by confidential, and it is the Parties intent to provide the highest level of protection from disclosure available, whether pursuant to the common interest doctrine, the attorney-client privilege, the work product doctrine, or any other privilege, and any immunity or other privilege protection from disclosure or immunity production that may otherwise be applicable. By sharing any such information and materials, neither Party intends to waive or limit any privilege or immunity that may apply to the shared information and materials. Neither Party shall have the authority to waive any privilege or immunity on behalf of the other Party without such other Party’s prior written consent, nor shall the waiver of privilege or immunity resulting from the conduct of one Party be deemed to apply against any other Party. CinCor is responsible to perform due diligence and to secure its own freedom to operate study or opinion in connection with the use, sale, offer for sale and importation of the Compounds and Products from outside counsel of CinCor’s choice.

Common Interest Disclosures. With regard to any information information, opinions or opinions other materials disclosed pursuant to this Agreement by one Party to the other Party regarding intellectual property and/or or technology owned by Third Parties, Company (or its Affiliates) or Licensee (or its Affiliates), Company Maxygen and Licensee Astellas agree that they have a common legal interest in determining whether, and to what extent, Third Party third party intellectual property rights may affect the conduct performance of the developmentPreclinical Development or the Development, manufacturing, marketing and/or sale Manufacture or Commercialization of Licensed Compounds and Products, and have a further common legal interest in defending against any actual or prospective Third Party claims based on allegations of misuse or infringement of intellectual property rights relating to the developmentperformance of the Preclinical Development or the Development, manufacturing, marketing and/or sale Manufacture or Commercialization of Licensed Compounds and Products. Accordingly, Company Maxygen and Licensee Astellas agree that all such information information, opinions and other materials obtained by Company Maxygen and Licensee Astellas from each other will be used solely for purposes of the Parties’ common legal interests with respect to the conduct of the this Agreement. All information such information, opinions and other materials will shall be treated as protected by the attorney-client privilege, the work product privilege, and any other privilege or immunity that may otherwise be applicable. By sharing any such information information, opinions and other materials, neither Party intends to waive or limit any privilege or immunity that may apply to the shared information information, opinions and other materials. Neither Party shall have the authority to waive any privilege or immunity on behalf of the other Party with respect to such information, opinions and other materials without such other Party’s prior written consent, nor shall the waiver of privilege or immunity resulting from the conduct of one Party be deemed to apply against any the other Party.