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 each other regarding intellectual property and/or technology owned by third parties, Sponsor and MSKCC 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 Joint Clinical Development, 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 conduct of the Joint Clinical Development. Accordingly, Sponsor and MSKCC agree that all such information and materials obtained by Sponsor and MSKCC 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, except with respect to disputes arising between the parties. 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 Party to each other regarding intellectual property and/or technology owned by third partiesThird Parties, Sponsor and MSKCC 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 Joint Clinical DevelopmentResearch Plan and/or Compounds and/or Products, and have a further common legal interest in defending against any actual or prospective third party Third Party claims based on allegations of misuse or infringement of intellectual property rights relating to the conduct of the Joint Clinical DevelopmentResearch Plan and/or Compounds and/or Products. Accordingly, Sponsor and MSKCC the Parties agree that all such information and materials obtained by Sponsor Pieris and MSKCC 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, except with respect to disputes arising between the parties. By sharing any such information and materials, neither party Party intends to waive or limit any privilege or immunity that may apply to the shared information and materials. Neither party Party shall have the authority to waive any privilege or immunity on behalf of the other party Party without such other partyParty’s prior written consent, nor shall the waiver of privilege or immunity resulting from the conduct of one party Party be deemed to apply against any other partyParty.

Common Interest Disclosures. With regard to any information or opinions disclosed pursuant to this Agreement by one party to each other regarding intellectual property and/or technology owned by third parties, Sponsor Juno and MSKCC FHCRC 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 Joint Clinical DevelopmentCollaboration, 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 conduct of the Joint Clinical DevelopmentCollaboration. Accordingly, Sponsor Juno and MSKCC FHCRC agree that all such information and materials obtained by Sponsor Juno and MSKCC FHCRC 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, except with respect to disputes arising between the parties. 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.