Common use of CONFIDENTIAL INFORMATION AND PUBLICATION Clause in Contracts

CONFIDENTIAL INFORMATION AND PUBLICATION. 10.1 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. 10.2 Each party’s obligation of confidence hereunder shall 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. This obligation shall exist while this Agreement is in force and for a period of 3 years thereafter. 10.3 University will submit its manuscript for any proposed publication of research related to Licensed Subject Matter 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 will be delayed up to 60 additional days to enable Licensee to secure adequate intellectual property protection of Licensee’s property that would be affected by the publication.

CONFIDENTIAL INFORMATION AND PUBLICATION. 10.1 12.1 Board and Licensee each agree that all information contained in documents marked "confidential" and forwarded to one by the other are to (i) be received in strict confidence, (ii) be used only for the purposes of this Agreement, and (iii) not be disclosed by the recipient partyParty, its agents or employees without the prior written consent of the other partyParty, except to the extent that the recipient party Party can establish competent written proof that such information: : (a.) was in the public domain at the time of disclosure; ; (b.) later became part of the public domain through no act or omission of the recipient partyParty, it’s its employees, agents, successors or assigns; ; (c.) was lawfully disclosed to the recipient party Party by a third party having the right to disclose it; ; (d.) was already known by the recipient party Party at the time of disclosure; ; (e.) was independently developed by the recipientrecipient Party; or or (f.) is required by law or regulation to be disclosed. 10.2 12.2 Each party’s Party's obligation of confidence hereunder shall be fulfilled by using at least the same degree of care with the other party’s Party's confidential information as it uses to protect its own confidential information. This obligation shall exist while this Agreement is in force and for a period of 3 years thereafter. 10.3 12.3 University will submit its manuscript for any proposed publication of research related to Licensed Subject Matter 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 's confidential information. Upon Licensee’s 's request, publication will be delayed up to 60 additional days to enable Licensee to secure adequate intellectual property protection of Licensee’s 's property that would be affected by the publication.

CONFIDENTIAL INFORMATION AND PUBLICATION. 10.1 Board 13.1 University and Licensee each agree that all information contained in documents marked "“confidential" ” and forwarded to one by the other (i) shall be received in strict confidence, (ii) shall be used only for the purposes of this Agreement, Agreement and (iii) shall 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 its 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 required, by law or regulation regulation, to be disclosed. 10.2 13.2 Each party’s obligation of confidence hereunder shall 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. This obligation shall exist while this Agreement is in force and for a period of 3 three years thereafter. 10.3 13.3 University will shall submit its manuscript for any proposed publication of research related to Licensed Subject Matter to Licensee at least 30 days before publication, and Licensee shall have the right to review and comment upon on the publication in order to protect Licensee’s confidential information. Upon At Licensee’s request, publication will shall be delayed for up to 60 additional days to enable Licensee to secure adequate intellectual property protection of Licensee’s property that would be affected by the publication.

CONFIDENTIAL INFORMATION AND PUBLICATION. 10.1 Board 12.1 Licensor and Licensee each agree that all information contained in documents marked "“confidential" ’ and forwarded to one by the other (iI) 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: : a. was in the public domain at the time of disclosure; ; b. later became part of the public domain through no act or omission of the recipient party, it’s employees, agents, successors or assigns; ; c. was lawfully disclosed to the recipient party by a third party having the right to disclose it; : d. was already known by the recipient party at the time of disclosure; ; e. was independently developed by the recipient; or or f. is required by law or regulation to be disclosed. 10.2 12.2 Each party’s obligation of confidence hereunder shall 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. This obligation shall exist while this Agreement is in force and for a period of 3 years thereafter. 10.3 12.3 University and CIMAV will submit its manuscript for any proposed publication of research related to Licensed Subject Matter 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 will be delayed up to 60 additional days to enable Licensee to secure adequate intellectual property protection of Licensee’s property that would be affected by the publication.

CONFIDENTIAL INFORMATION AND PUBLICATION. 10.1 12.1 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: ; a. was in the public domain at the time of disclosure; ; b. later became part of the public domain through no act or omission of the recipient party, it’s employees, agents, successors or assigns; ; c. was lawfully disclosed to the recipient party by a third party having the right to disclose it; ; d. was already known by the recipient party at the time of disclosure; ; e. was independently developed by the recipient; or or f. is required by law or regulation to be disclosed. 10.2 12.2 Each party’s obligation of confidence hereunder shall 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. This obligation shall exist while this Agreement is in force and for a period of 3 years thereafter. 10.3 12.3 University will submit its manuscript for any proposed publication of research related to Licensed Subject Matter 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 will be delayed up to 60 additional days to enable Licensee to secure adequate intellectual property protection of Licensee’s property that would be affected by the publication. For the purposes of this clause “publication” shall mean any public disclosure as defined under patent law.