Common use of Communication and Publicity Clause in Contracts

Communication and Publicity. (a) Promptly after the Effective Date, the parties may announce the establishment of the Collaboration under this Agreement and its key terms in a mutually agreed press release issued simultaneously by both parties. Subject to the further provisions of this Section, no party shall originate any subsequent written publicity, news release, or other announcement relating to this Agreement or to performance hereunder or the existence of an arrangement between the parties (collectively, "Written Disclosure"), without the prior prompt review and written approval of the other. Once specific information has been approved for disclosure, that information may be reiterated in any subsequent Written Disclosure without further approval. (b) Notwithstanding the foregoing provisions of this Article 9, any party may make any public Written Disclosure it believes in good faith based upon the advice of counsel is required by applicable law or any listing or trading agreement concerning its publicly traded securities, provided that prior to making such Written Disclosure, the disclosing party shall provide the other party with a copy of the materials proposed to be disclosed and provide such party with an opportunity to review and comment on the proposed Written Disclosure. (c) The terms of this Agreement may be disclosed to Third Parties so long as such disclosure is made under a binder of confidentiality and so long as material financial terms are not disclosed.

Appears in 2 contracts

Samples: Collaboration Agreement (Caliper Technologies Corp), Collaboration Agreement (Caliper Technologies Corp)

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Communication and Publicity. (a) Promptly Either prior to or promptly after the Effective Date, the parties may announce the establishment Parties shall, together with their respective counsel, meet to discuss a strategy for public announcement of the Collaboration collaboration under this Agreement and its key terms in a mutually agreed press release issued simultaneously by both partiesParties. Subject to the further provisions of this SectionSection 9.4, no party Party shall originate any subsequent written publicity, news release, or other announcement relating to this Agreement or to performance hereunder or the existence of an arrangement between the parties Parties or any * Material has been omitted pursuant to a request for confidential treatment, and such material has been filed separately with the SEC. Collaboration Product (collectively, "Written Disclosure"), without the prior prompt review and written approval of the other. Once specific information has been approved for disclosure, that information may be reiterated repeated in any subsequent Written Disclosure without further approval. (b) Notwithstanding the foregoing provisions of this Article 9, any party Party may make any public Written Disclosure it believes in good faith based upon the advice of counsel is required by applicable law or any listing or trading agreement concerning its publicly traded securities, provided that prior to making such Written Disclosure, the disclosing party Disclosing Party shall provide the other party Party with a copy of the materials proposed to be disclosed and provide such party Party with an a meaningful opportunity to review and comment on the proposed Written Disclosure. (c) The terms of this Agreement may be disclosed to Third Parties so long as such disclosure is made under a binder pursuant to an agreement of confidentiality and so long as material financial terms are not disclosed.

Appears in 2 contracts

Samples: Collaboration Agreement (Rosetta Inpharmatics Inc), Collaboration Agreement (Rosetta Inpharmatics Inc)

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