CONFIDENTIAL INFORMATION AND PUBLICATION. 11.1 MD XXXXXXXX and LICENSEE each agree that all information contained in documents marked “confidential” and forwarded to one by the other (i) are to be received in strict confidence, (ii) are to be used only for the purposes of this AGREEMENT, and (iii) will not be disclosed by the recipient party (except as required by law or court order), nor by the recipient party’s agents or employees without the prior written consent of the disclosing party, except to the extent that the recipient party can establish by competent written proof that such information:
CONFIDENTIAL INFORMATION AND PUBLICATION. In addition, the Confidential Information referred to in Section 7 (a)(iii) above may be disclosed in connection with publications for its own internal research and educational purposes strictly subject to Sections 8 and 9 below and the other provisions of this Agreement. Such disclosure shall not contain any Confidential Information other than that referred to in Section 7 (a)(iii) above.
CONFIDENTIAL INFORMATION AND PUBLICATION. 13.1 Board and PLx each agree that all information contained in documents marked “confidential” and forwarded to one by the other (i) are to be received in strict confidence, (ii) used only for the purposes of this Agreement, and (iii) not disclosed by the recipient party, its agents or employees without the prior written consent of the other party, except to the extent that the recipient party can establish competent written proof that such information:
CONFIDENTIAL INFORMATION AND PUBLICATION. 14 XII. ASSIGNMENT..................................................................... 15 XIII.
CONFIDENTIAL INFORMATION AND PUBLICATION. 13.1 Board and Licensee each agree that all information contained in documents marked "confidential" and forwarded to one by the other (i) be received in strict confidence, (ii) be used only for the purposes of this Agreement, and (iii) not be disclosed by the recipient party, its agents or employees without the prior written consent of the other party, except to the extent that the recipient party can establish competent written proof that such information: was in the public domain at the time of disclosure; later became part of the public domain through no act or omission of the recipient party, it’s employees, agents, successors or assigns; was lawfully disclosed to the recipient party by a third party having the right to disclose it; was already known by the recipient party at the time of disclosure; was independently developed by the recipient; or is required by law or regulation to be disclosed.
CONFIDENTIAL INFORMATION AND PUBLICATION. 6.1 The parties will treat all Confidential Information as confidential and shall not without the prior written consent of the disclosing party, publish or permit the same to be disclosed to any third party, except Confidential Information disclosed by the Student to UWA for the purpose of being assessed for the Course (but only to the extent necessary for such assessment).
CONFIDENTIAL INFORMATION AND PUBLICATION. A. All information submitted by one Party to the other concerning Licensed Product(s), Licensed Method(s), and/or the invention(s) claimed in the Licensed Patents shall be considered confidential (“Confidential Information”) and shall be utilized by the receiving Party only pursuant to the licenses granted hereunder. During the term of this Agreement and for a period of five (5) years thereafter, neither Party shall disclose to any third party any Confidential Information received from the other Party without the specific written consent of such Party. The foregoing shall not apply where Confidential Information a) was or becomes public through no fault of the receiving Party, b) was, at the time of receipt, already in the possession of the receiving Party as evidenced by its written records, c) was obtained from a third party legally entitled to use and disclose the same, or d) is required by law to be disclosed to a governmental agency.
CONFIDENTIAL INFORMATION AND PUBLICATION. 10.1 FHCRC and LICENSEE each agree that all information contained in documents marked “confidential” and forwarded to one by the other (i) are to be received in strict confidence, (ii) are to be used only for the purposes of this AGREEMENT, and (iii) will not be disclosed by the recipient party (except as required by law or court order), its agents or employees without the prior written consent of the other party; provided, however, LICENSEE may disclose and use, and will not be required to maintain as confidential, the PATENT RIGHTS and TECHNOLOGY RIGHTS in connection with the exercise of its license rights hereunder, and subject to obligations of confidentiality and non-use no less stringent than set forth herein, LICENSEE may disclose the PATENT RIGHTS, TECHNOLOGY RIGHTS and related FHCRC information to present and prospective investors, lenders, sublicensees, consultants and advisors. The foregoing obligations shall not apply to the extent that the recipient party can establish by competent written proof that such information:
CONFIDENTIAL INFORMATION AND PUBLICATION. 11.1 MDA and LICENSEE each agree that all information contained in documents marked "confidential" and forwarded to one by the other (i) are to be received in strict confidence, (ii) used only for the purposes of this AGREEMENT, and (iii) not disclosed by the recipient party (except as required by law or court order), its agents or employees without the prior written consent of the other party, except to the extent that the recipient party can establish competent written proof that such information: (a) was in the public domain at the time of disclosure; or (b) later became part of the public domain through no act or omission of the recipient party, its employees, agents, successors or assigns; or (c) was lawfully disclosed to the recipient party by a third party having the right to disclose it; or (d) was already known by the recipient party at the time of disclosure; or (e) was independently developed by the recipient without use of the other party's confidential information; or (f) is required by law or regulation to be disclosed. 11.2 Each party's obligation of confidence hereunder will be fulfilled by using at least the same degree of care with the other party's confidential information as it uses to protect its own confidential information, but always at least a reasonable degree of care. This obligation will exist while this AGREEMENT is in force and for a period of three years thereafter. 11.3 MDA reserves the right to publish the general scientific findings from research related to LICENSED SUBJECT MATTER, with due regard to the protection of LICENSEE's confidential information. MDA will submit the manuscript of any proposed publication to LICENSEE at least 30 days before publication, and LICENSEE shall have the right to review and comment upon the publication in order to protect LICENSEE's confidential information. Upon LICENSEE's request, publication may be delayed up to 60 additional days to enable LICENSEE to secure adequate intellectual property protection of LICENSEE's confidential information that would otherwise be affected by the publication. XII. ASSIGNMENT 12.1 Except in connection with the sale of substantially all of LICENSEE's assets to a third party, this AGREEMENT may not be assigned by LICENSEE without the prior written consent of BOARD, which will not be unreasonably withheld. XIII.
CONFIDENTIAL INFORMATION AND PUBLICATION. 12.1 The Parties hereby incorporate by reference their obligations under that certain Confidentiality Agreement dated November 15, 2010 (the “Confidentiality Agreement”), and agree that such obligations shall (a) extend to any confidential information provided by either party pursuant to this Agreement and (b) survive until the third anniversary of the termination of this Agreement or the survival period contemplated in the Confidentiality Agreement, whichever is longer.
