Confidentiality and Publications. 11.1 As used in this Agreement, the term “Confidential Information” shall mean (a) all non-public-information received by one party from the other in the framework of this Agreement and (b) any and all information, results (including materials) and observations generated by NOBLE in the performance of any this Agreement. Confidential Information can include, but is not limited to, information concerning the disclosing party’s operations, research, processes, techniques, data, and non-public materials.
Confidentiality and Publications. (a) Each Team Member undertakes to keep confidential and not to disclose or use (other than for the furtherance of the Project) any Project Technology or BioLine Confidential Information to any person or entity other than a fellow Team Member, an employee of Ramot, or an employee, officer or director of BioLine, except and to the extent that s/he is instructed or authorized to do so by Ramot. This obligation of confidentiality does not apply to any portion of the Project Technology that is in the public domain (other than through the fault of such Team Member), nor does it apply to information included in scientific publications that have been approved by Ramot prior to publication. "BioLine Confidential Information" means any scientific, technical, trade or business information relating to the Sponsored Research designated as confidential or which otherwise should reasonably be construed under the circumstances as being confidential disclosed by or on behalf of BioLine to a Team Member, except to the extent such information: (i) was known to such Team Member at the time it was disclosed, other than by previous disclosure by or on behalf of BioLine, as evidenced by such Team Member's written records at the time of disclosure; (ii) is at the time of disclosure or later becomes publicly known under circumstances involving no breach of this Letter; (iii) is lawfully and in good faith made available to the Team Member by a third party who is not subject to obligations of confidentiality to BioLine or Ramot with respect to such information; or (iv)is independently developed by the Team Member without the use of or reference to BioLine Confidential Information, as demonstrated by documentary evidence.
(b) In general, Ramot will endeavor to assist the Team Members in facilitating publications relating to Project Technology and Ramot agrees not to unreasonably withhold its approval of publications, except to the extent described in this paragraph. In order to permit Ramot to comply with its obligations to BioLine and the opportunity to properly protect patent and proprietary rights relating to information included in such proposed publications, the Team Members agree to provide Ramot with a copy of each proposed publication at least forty (40) days in advance of the contemplated submission for publication to permit Ramot to review such submission to determine whether the publication or presentation contains subject matter for which patent protection should be soug...
Confidentiality and Publications. 7.01 In the performance of this Agreement, each Party may disclose directly or indirectly to the other party certain confidential information, orally or in writing or both, including, but not be limited to, marketing plans, cost or price data, customer or supplier information, technical information, patent applications, and patent prosecution documents regarding the Accelr8 Technology or the Licensed Product (collectively, “Confidential Information”). Except to the extent expressly authorized by this Agreement or otherwise agreed in writing by the disclosing Party, the Parties agree that, during the Term for at least five (5) years and thereafter, the receiving Party shall keep confidential and shall not publish or otherwise disclose and shall not use for any purpose other than as expressly provided for in this Agreement any Confidential Information. A Party may use such Confidential Information only to the extent required to accomplish the purposes of this Agreement. Neither Party will use any Confidential Information of any other Party for any purpose or in any manner that would constitute a violation of any laws or regulations, including, without limitation, the export control laws of the United States. Neither Party may reproduce any Confidential Information of any other Party in any form except as required to accomplish the intent of this Agreement. Neither Party may disclose Confidential Information of any other Party to any employee, agent, consultant, or sublicensee who does not have a reasonable need for such information for purposes of performance under this Agreement and who is not subject to binding obligations of confidentiality and limited use at least as restrictive as those of this Article 8. In particular, neither Party will disclose to a Third Party any legal opinions with regard to Accelr8’s Intellectual Property without first obtaining a “Community of Interest” agreement from such Third Party that includes Accelr8 as named in the Community of Interest. Each Party will use at least the same standard of care as it uses to protect its own proprietary or confidential information of a similar nature to prevent unauthorized disclosures or uses of Confidential Information of the other Party, but in no event less than reasonable care. Each Party will promptly notify the disclosing Party upon discovery of any unauthorized use or disclosure of the Confidential Information of the other Party.
7.02 The obligations of confidentiality and non-use of ...
Confidentiality and Publications. 6.1 Unless otherwise provided for in this Agreement, both parties shall treat the Know-How and any and all other information and data received or derived under this Agreement as strictly confidential, and shall not disclose the same to any Third Party during the Agreement Period and for five years thereafter, except for information which:
(1) is or shall have been known to the receiving party prior to the disclosure by the other party as evidenced by written record of other proof;
(2) is or shall have been public knowledge through no fault of the receiving party;
(3) has been received from a Third Party who did not acquire it directly or indirectly from the disclosing party;
(4) needs to be disclosed to government officials for purposes of obtaining registration of the Product(s); or
(5) is compelled to be disclosed in the course of litigation by a Third Party, provided that the party compelled to make such disclosure provides the other party to this Agreement with notice of such compulsion sufficiently in advance of disclosure so as to provide such other party a reasonable time period to seek a protective order. Notwithstanding the above, both parties may disclose such information (i) to their legal representatives and employees, to Affiliates, to legal representatives and employees of Affiliates, and to consultants to the extent such disclosure is necessary to achieve the purposes of this Agreement and provided such legal representatives, employees and consultants are covered by obligations of confidentiality with respect to such information no less stringent than those set forth herein; and (ii) as required by law.
6.2 The parties acknowledge the legitimate interest of their respective employees in publishing findings under this Agreement to the scientific community. On the other hand, the parties recognize their mutual interest that publications be made and lectures, seminars, or other presentations be given only to the extent that both parties' commercial interests have been reasonably safeguarded through patent protection or otherwise so that Third Parties cannot make commercial and/or industrial use of the information contained in such disclosures. For this purpose, each party shall ensure that the other shall have the opportunity to comment in advance on any publication or oral presentation in public involving disclosure of any information under this Agreement that may constitute confidential information and that no such publication or presentation...
Confidentiality and Publications. (1) Each party may xxxx any written information confidential. ANADYS TECHNOLOGY LICENSE AGREEMENT
(2) The parties agree that confidentiality is essential for the realization and discharge of this contract. Therefore, they both incur the firm commitment to develop and conclude a fairly negotiated agreement on confidentiality and publications within 30 days after the date hereof. This agreement shall enable both parties to xxxx information confidential and shall also stipulate the general extent and duration of confidentiality obligations of either party.
(3) During the term of this agreement and for a period of three years after termination of the agreement the parties agree to utilize any secrets or any know-how gained during their relationship from other party exclusively to the extent stipulated in this agreement. They shall not disclose or make available such information to third parties
(4) This obligation shall not extend to any information which.
(a) is already known to the receiving party,
(b) is or becomes in the public domain without breach of the confidentiality provisions by the receiving party,
(c) Is received by the receiving party from a third party not under an obligation of confidentiality to the other party,
(d) Is independently developed by the receiving party without use of the confidential information of the disclosing party. The obligation shall also not apply to the extent that disclosure is required by law.
(5) The parties shall extend this obligation to their employees and to third party companies as may be involved.
(6) Each party has the right to review any materials or publications using this party's name prior to publication.
Confidentiality and Publications. 3.1 The RECIPIENT agrees to keep reserved all information received from the PROVIDER that are marked as "Confidential Information" and agrees to make reasonable efforts to prevent disclosure, with the exception of its employees who are bound by this Agreement. The oral communication made by the PROVIDER to the RECIPIENT must be qualified as confidential by the PROVIDER in a written communication within 10 days from the oral communication.
3.2 During the term of this agreement and for three (3) successive years, the RECIPIENT must keep the "Confidential Information" confidential and not disclose such information to third parties without the prior written consent of the PROVIDER.
3.3 The RECIPIENT has no obligation of confidentiality regarding information that:
a) was in RECIPIENT’s possession prior to receipt from PROVIDER, as shown by RECIPIENT’S prior written records;
b) is or becomes publicly available through no fault of RECIPIENT;
c) was received by RECIPIENT from a third party having a right to disclose it and is not subject to an obligation of confidentiality owed to the third party; or
d) is independently developed by or for RECIPIENT without reference to any MATERIALS or Information received from PROVIDER, as shown by RECIPIENT’S prior written records.
3.4 The RECIPIENT may publish or otherwise disclose the results of the RESEARCH PROJECT. However, if the PROVIDER has communicated CONFIDENTIAL information to
3.5 If the result of experiments is available for publication, the manuscript must be prepared jointly by both parties on the basis of mutual agreement.
3.6 In any presentation or written publication concerning the MATERIAL, the RECIPIENT will acknowledge the contribution of the PROVIDER to this MATERIAL unless otherwise requested by the PROVIDER.
Confidentiality and Publications. 4.1 All Research Materials and Data are subject to the confidentiality provisions set forth in the InterTau Agreements.
4.2 Publication of any Data is subject to the relevant provisions of the InterTau Agreements.
Confidentiality and Publications. 14.1 Each party shall keep confidential any confidential information disclosed to it by the other during the Term and shall not use such confidential information for its own purposes (other than implementation of the Agreement) nor without the prior written consent of the other disclose to any third party (except its professional advisors or as may be required by any law or any legal or regulatory authority) any, information of a confidential nature (including trade secrets and information of commercial value) which may become known to such party from the other party and which relates to the other party.
14.2 The obligations in Condition 14.1 shall not apply to any information which:
14.2.1 is public knowledge or already known to such party at the time of disclosure;
14.2.2 subsequently becomes public knowledge other than by breach of this Licence, or subsequently comes lawfully into the possession of such party from a third party; or
14.2.3 a party is required to disclose that information by law, any governmental or regulatory, any court or other authority of competent jurisdiction.
14.3 Neither party shall make any public announcement concerning the Agreement without obtaining the prior written consent of the other party. If permitted, publication of results dependent on or arising from the use of the Service externally by the Customer shall include acknowledgement of the Service. The Customer shall use reasonable efforts to send a copy of each such publication to EHS Data.
14.4 The parties agree that each party’s Intellectual Property Rights and confidential information is valuable and that damages may not be an adequate remedy for any breach by the other party of the Agreement. Each party agrees that the other party will be entitled without proof of special damage to the remedies of an injunction and other equitable relief for any actual or threatened breach by the other party of the Agreement.
Confidentiality and Publications. Each Party undertakes to maintain the confidentiality of everything that pertains to this Agreement and its performance (including the very existence of this Agreement), including matters that pertain to work, technological, financial, scientific and business information of the other Party, including with respect to the products of the other Party, its methods, regulations and commercial matters that pertain to it. This undertaking will apply both to the Party that receives the information and to its employees and representatives. This undertaking will not apply to the following types of information: (a) Information that is in the public domain or that has become part of the public domain not by way of an omission or act committed by the Party that received the information; (b) information that had been in the possession of the Party that received the Information (and/or its employees or representatives) before this Agreement was signed; (c) information that was developed by the Party that received the information through its employees and/or representatives, provided that confidential information of the Party that disclosed the information was not disclosed to them; and/or (d) information that needs to be disclosed under applicable law and/or an order issued by a competent agency (a precondition for this is that, in such cases, the Party that received the information will inform the other Party by way of written notice 20 (twenty) days before said disclosure, to the extent possible).
Confidentiality and Publications. A. Consultant acknowledges that prior to and during the term of this Agreement Consultant has had and will have access to confidential and proprietary information relating to Mytogen's myoblast product, Mytogen's hemangioblast product and Mytogen's cardio-myocyte program (if any) belonging to Mytogen ("Confidential Information"). Confidential Information shall include, but is not limited to, any scientific, technical, trade or business information possessed, obtained by, developed for or given to Consultant relating to Mytogen's myoblast product, Mytogen's hemangioblast product and Mytogen's cardio-myocyte program (if any) which is treated by Mytogen as confidential or proprietary including, without limitation, Work Product, research materials (including without limitation test articles, test substances, medical devices, chemical compounds or other materials such as biologicals, including, without limitation, genes, DNA sequences, plasmids, vectors, expression systems, cells, cell lines, organisms, antibodies, biological substances, and any constituents, progeny, mutants, derivatives or replications thereof or therefrom, together with all reagents, chemical compounds or other materials), formulations, techniques, methodology, assay systems, formulae, procedures, tests, equipment, data, reports, know-how, sources of supply, patent positioning, patent applications, relationships with consultants and employees, business plans and business developments, information concerning the existence, scope or activities of any research, development, manufacturing, marketing or other projects of Mytogen relating to Mytogen's myoblast product, Mytogen's hemangioblast product and Mytogen's cardio-myocyte program (if any), all copies, digests, summaries, extracts or the like of the Confidential Information, as well as feedback, suggestions, improvements or other inventions, ideas or works of authorship derived from the Confidential Information, and any other confidential or proprietary information about or belonging to Mytogen's suppliers, licensors, licensees, partners, collaborators, affiliates, customers, potential customers or others relating to Mytogen's myoblast product, Mytogen's hemangioblast product and Mytogen's cardio-myocyte program (if any).
B. Notwithstanding anything to the contrary in this Agreement, Confidential Information shall not include: (i) information that becomes generally available to third parties through no fault or action of Consultant; (ii) inf...