Common use of Confidentiality of Terms of Agreement Clause in Contracts

Confidentiality of Terms of Agreement. The parties both agree that the terms of this Agreement are the Confidential Information of each party, and they each shall keep such terms confidential and not disclose this Agreement, except as otherwise provided herein. Notwithstanding the foregoing, the parties acknowledge and agree that either party may be required by Applicable Law (including by any court or other governmental body) to disclose this Agreement, or the terms hereof, in whole or in part, and in such case, such party shall notify the other party in writing and shall provide the other party with at least seven (7) business days to request redactions thereof prior to making such filing or disclosure. The Disclosing Party shall seek confidential treatment of any such proposed redactions timely made and use reasonable efforts to procure confidential treatment of such proposed redactions pursuant to the Securities Act of 1933 or the Securities Exchange Act of 1934, in each case as amended, and the rules, regulations and guidelines promulgated thereunder, or any other Applicable Law or the rules, regulations or guidelines promulgated thereunder, but provided that neither party shall unreasonably withhold its consent in a manner that would prevent the other party from making such public disclosures as it, on advice of counsel, must make to comply with Applicable Law. In addition, each party shall be entitled to disclose the terms of this Agreement under obligations of confidentiality comparable to those set forth in this Agreement (a) to legal counsel of the parties, accountants, and other professional advisors; (b) banks, investors and other financing [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. CONFIDENTIAL TREATMENT REQUESTED BY FLUIDIGM CORPORATION sources; or (c) to Third Parties with whom a party is engaged in an actual or prospective merger or acquisition or similar transaction. Each party shall also be entitled to disclose such portions of this agreements as are necessary (i) to enforce this Agreement or its rights under this Agreement; or (ii) during the course of litigation so long as the disclosure of such terms and conditions are restricted in the same manner as is the confidential information of other litigating parties and so long as (1) the restrictions are embodied in a court-entered protective order limiting disclosure to outside counsel and (2) the disclosing party informs the other party in writing at least ten (10) business days in advance of the disclosure and discusses the nature and contents of the disclosure, in good faith, with the other party.

Confidentiality of Terms of Agreement. The parties both agree that the terms of this Agreement are the Confidential Information of each party, and they each shall keep such terms confidential and not disclose this Agreement, except as otherwise provided herein. Notwithstanding the foregoing, the parties acknowledge and agree that either party may be required by Applicable Law (including by any court or other governmental body) to disclose this Agreement, or the terms hereof, in whole or in part, and in such case, such party shall notify the other party in writing and shall provide the other party with at least seven (7) business days to request redactions thereof prior to making such filing or disclosure. The Disclosing Party shall seek confidential treatment of any such proposed redactions timely made and use reasonable efforts to procure confidential treatment of such proposed redactions pursuant to the Securities Act of 1933 or the Securities Exchange Act of 1934, in each case as amended, and the rules, regulations and guidelines promulgated thereunder, or any other Applicable Law or the rules, regulations or guidelines promulgated thereunder, but provided that neither party shall unreasonably withhold its consent in a manner that would prevent the other party from making such public disclosures as it, on advice of counsel, must make to comply with Applicable Law. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. CONFIDENTIAL TREATMENT REQUESTED BY FLUIDIGM CORPORATION In addition, each party shall be entitled to disclose the terms of this Agreement under obligations of confidentiality comparable to those set forth in this Agreement (a) to legal counsel of the parties, accountants, and other professional advisors; (b) banks, investors and other financing [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. CONFIDENTIAL TREATMENT REQUESTED BY FLUIDIGM CORPORATION sources; or (c) to Third Parties with whom a party is engaged in an actual or prospective merger or acquisition or similar transaction. Each party shall also be entitled to disclose such portions of this agreements as are necessary (i) to enforce this Agreement or its rights under this Agreement; or (ii) during the course of litigation so long as the disclosure of such terms and conditions are restricted in the same manner as is the confidential information of other litigating parties and so long as (1) the restrictions are embodied in a court-entered protective order limiting disclosure to outside counsel and (2) the disclosing party informs the other party in writing at least ten (10) business days in advance of the disclosure and discusses the nature and contents of the disclosure, in good faith, with the other party.

Confidentiality of Terms of Agreement. The parties Parties both agree that the terms of this the Agreement are the Confidential Information confidential information of each partyParty, and they each shall keep such terms confidential and not disclose this the Agreement, except as otherwise provided herein. Notwithstanding the foregoing, the parties Parties acknowledge and agree that either party Party may be required by Applicable Law (including by any court or other governmental body) the requirements of a national securities exchange or another similar regulatory body to disclose this Agreement, or the terms hereof, in whole or in part, and in such case, such party Party shall notify the other party Party in writing and shall provide the other party Party with at least seven (7) business days to request redactions [***] thereof prior to making such filing or disclosure. The Disclosing disclosing Party shall use reasonable efforts to seek confidential treatment of any such proposed redactions timely made made, to the extent consistent with law, and use reasonable efforts to procure confidential treatment of such proposed redactions pursuant to the Securities Act of 1933 or the Securities Exchange Act of 1934, in each case as amended, and the rules, regulations and guidelines promulgated thereunder, or any other Applicable Law applicable law or the rules, regulations or guidelines promulgated thereunder, but provided that neither party the foregoing shall unreasonably withhold its consent in a manner that would not prevent the other party Party from making such public disclosures as it, on advice of counsel, must make to comply with Applicable Law. In addition, each party shall be entitled to Either Party may disclose the terms of this Agreement under obligations of confidentiality comparable in confidence to those set forth in this Agreement (a) to legal counsel of the partiesits directors, accountants, Affiliates and other professional advisors; service providers and (b) banks, investors and other financing [***] Information has been omitted and filed separately with their respective [***] who, in each case ((a) and (b)) are subject to [***] (or if applicable [***]), which restrictions shall, inter alia, in the Securities and Exchange Commission. Confidential treatment has been requested with respect to case of the omitted portions. CONFIDENTIAL TREATMENT REQUESTED BY FLUIDIGM CORPORATION sources; or Persons described in clause (c) to Third Parties with whom a party is engaged in an actual or prospective merger or acquisition or similar transaction. Each party shall also be entitled to disclose such portions b), limit the permitted use of the terms of this agreements as are necessary (i) Agreement solely to enforce this Agreement or its rights under this Agreement; or (ii) during the course of litigation so long as the disclosure of such terms [***] and conditions are restricted in the same manner as is the confidential information of other litigating parties and so long as (1) the restrictions are embodied in a court-entered protective order limiting disclosure to outside counsel and (2) the disclosing party informs the other party in writing at least ten (10) business days in advance [***] of the disclosure [***] and discusses the nature and contents of the disclosure, in good faith, with the for no other partypurpose.

Confidentiality of Terms of Agreement. The parties Parties both agree that the terms of this the Agreement are the Confidential Information of each partyParty, and they each shall keep such terms confidential and not disclose this the Agreement, except as otherwise provided herein. Notwithstanding the foregoing, the parties Parties acknowledge and agree that either party Party may be required by Applicable Law (including by any court or other governmental body) the requirements of a national securities exchange or another similar regulatory body to disclose this Agreement, or the terms hereof, in whole or in part, and in such case, such party Party shall notify the other party Party in writing and shall provide the other party Party with at least seven (7) business days [***] to request redactions thereof prior to making such filing or disclosure. The Disclosing Party shall use reasonable efforts to seek confidential treatment of any such proposed 37/66 Collaboration & License Agreement_Nektar_Daiichi Sankyo Europe_May 2016 ***Text Omitted and Filed Separately with the Securities and Exchange Commission. Confidential Treatment Requested Under 17 C.F.R. Sections 200.80(b)(4) and 240.24b-2 redactions timely made made, to the extent consistent with law, and use reasonable efforts to procure confidential treatment of such proposed redactions pursuant to the Securities Act of 1933 or the Securities Exchange Act of 1934, in each case as amended, and the rules, regulations and guidelines promulgated thereunder, or any other Applicable Law or the rules, regulations or guidelines promulgated thereunder, but provided that neither party the foregoing shall unreasonably withhold its consent in a manner that would not prevent the other party Party from making such public disclosures as it, on advice of counsel, must make to comply with Applicable Law. In addition, each party shall be entitled to Either Party may disclose the terms of this Agreement under obligations of confidentiality comparable in confidence to those set forth in this Agreement (a) to legal counsel of the partiesits directors, accountantsAffiliates and professional service providers, and other professional advisors; (b) banksbona fide potential investors, investors merger partners or acquirers and other financing [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested their respective professional advisors, including, with respect to Nektar, its potential licensees of the omitted portions. CONFIDENTIAL TREATMENT REQUESTED BY FLUIDIGM CORPORATION sources; Licensed Product outside the Territory, who, in each case ((a) and (b)) are subject to reasonable written confidentiality restrictions (or if applicable ethical obligations of confidentiality), which restrictions shall, inter alia, in the case of the Persons described in clause (c) to Third Parties with whom a party is engaged in an actual or prospective merger or acquisition or similar transaction. Each party shall also be entitled to disclose such portions b), limit the permitted use of the terms of this agreements as are necessary (i) Agreement solely to enforce this Agreement or its rights under this Agreement; or (ii) during the course of litigation so long as the disclosure of such terms evaluation and conditions are restricted in the same manner as is the confidential information of other litigating parties and so long as (1) the restrictions are embodied in a court-entered protective order limiting disclosure to outside counsel and (2) the disclosing party informs the other party in writing at least ten (10) business days in advance negotiation of the disclosure prospective transaction and discusses the nature and contents of the disclosure, in good faith, with the for no other partypurpose.

Confidentiality of Terms of Agreement. The parties Parties both agree that the terms of this the Agreement are the Confidential Information of each partyParty, and they each shall keep such terms confidential and not disclose this Agreement or any Ancillary Agreement, except as otherwise provided herein. Notwithstanding the foregoing, the parties Parties acknowledge and agree that either party Party may be required by Applicable Law (including by any court or other governmental body) the requirements of a national securities exchange or another similar regulatory body to disclose this Agreement, or the terms hereof, in whole or in part, and in such case, such party Party shall notify the other party Party in writing and shall provide the other party Party with at least seven (7) business days [***] to request redactions thereof prior to making such filing or disclosure. The Disclosing disclosing Party shall use reasonable efforts to seek confidential treatment of any such proposed redactions timely made made, to the extent consistent with law, and use reasonable efforts to procure confidential treatment of such proposed redactions pursuant to the U.S. Securities Act of 1933 or the Securities Exchange Act of 1934, in each case as amended, and the rules, regulations and guidelines promulgated thereunder, or any other Applicable Law applicable law or the rules, regulations or guidelines promulgated thereunder, but ; provided that neither party the foregoing shall unreasonably withhold its consent in a manner that would not prevent the other party Party from making such public disclosures as it, on advice of counsel, must make to comply with Applicable Law. In addition, each party shall be entitled to Either Party may disclose the terms of this Agreement under obligations of confidentiality comparable in confidence to those set forth in this Agreement (a) to legal counsel of the partiesits directors, accountantsAffiliates, Sublicensees and other professional advisors; service providers, (b) banksin the case of [***], investors and other financing (c) [***] Information has been omitted and filed separately with their respective [***], who are in each case subject to [***], which restrictions shall, in the Securities and Exchange Commission. Confidential treatment has been requested with respect to case of the omitted portions. CONFIDENTIAL TREATMENT REQUESTED BY FLUIDIGM CORPORATION sources; or Persons described in this clause (c) to Third Parties with whom a party is engaged in an actual or prospective merger or acquisition or similar transaction. Each party shall also be entitled to disclose such portions ), limit the permitted use of the terms of this agreements as are necessary (i) Agreement solely to enforce this Agreement or its rights under this Agreement; or (ii) during the course of litigation so long as the disclosure of such terms [***] and conditions are restricted in the same manner as is the confidential information of other litigating parties and so long as (1) the restrictions are embodied in a court-entered protective order limiting disclosure to outside counsel and (2) the disclosing party informs the other party in writing at least ten (10) business days in advance [***] of the disclosure [***] and discusses the nature and contents of the disclosure, in good faith, with the for no other partypurpose.