Common use of Confidentiality of Terms of Agreement Clause in Contracts

Confidentiality of Terms of Agreement. The Parties both agree that the terms of the Agreement are the confidential information of each Party, and they each shall keep such terms confidential and not disclose the Agreement, except as otherwise provided herein. Notwithstanding the foregoing, the Parties acknowledge and agree that either Party may be required by Applicable Law or 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 shall notify the other Party in writing and shall provide the other Party with at least [***] thereof prior to making such filing or disclosure. The disclosing Party shall use reasonable efforts to seek confidential treatment of any such proposed redactions timely 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 the foregoing shall not prevent the Party from making such public disclosures as it, on advice of counsel, must make to comply with Applicable Law. Either Party may disclose the terms of this Agreement in confidence to (a) its directors, Affiliates and professional service providers and (b) [***] and their respective [***] who, in each case ((a) and (b)) are subject to [***] (or if applicable [***]), which restrictions shall, inter alia, in the case of the Persons described in clause (b), limit the permitted use of the terms of this Agreement solely to [***] and [***] of the [***] and for no other purpose.

Confidentiality of Terms of Agreement. The Parties both agree that the terms of the Agreement are the confidential information Confidential Information of each Party, and they each shall keep such terms confidential and not disclose the Agreement, except as otherwise provided herein. Notwithstanding the foregoing, the Parties acknowledge and agree that either Party may be required by Applicable Law or 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 shall notify the other Party in writing and shall provide the other Party with at least [***] 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 ***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, 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 the foregoing shall not prevent the Party from making such public disclosures as it, on advice of counsel, must make to comply with Applicable Law. Either Party may disclose the terms of this Agreement in confidence to (a) its directors, Affiliates and professional service providers providers, and (b) [***] bona fide potential investors, merger partners or acquirers and their respective [***] professional advisors, including, with respect to Nektar, its potential licensees of the 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 (b), limit the permitted use of the terms of this Agreement solely to [***] evaluation and [***] negotiation of the [***] prospective transaction and for no other purpose.

Confidentiality of Terms of Agreement. The Parties parties both agree that the terms of the this Agreement are the confidential information Confidential Information of each Partyparty, and they each shall keep such terms confidential and not disclose the this 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 the requirements of a national securities exchange or another similar regulatory body other governmental 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, to the extent consistent with law, 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 Applicable Law or the rules, regulations or guidelines promulgated thereunder, but provided that the foregoing neither party shall not unreasonably withhold its consent in a manner that would prevent the Party other party from making such public disclosures as it, on advice of counsel, must make to comply with Applicable Law. Either Party may [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. In addition, each party shall be entitled to disclose the terms of this Agreement under obligations of confidentiality comparable to those set forth in confidence to this Agreement (a) its directorsto legal counsel of the parties, Affiliates accountants, and other professional service providers and advisors; (b) [***] banks, investors and their respective [***] whoother financing 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 each case ((a) and (b)) are subject to [***] (or if applicable [***])good faith, which restrictions shall, inter alia, in with the case of the Persons described in clause (b), limit the permitted use of the terms of this Agreement solely to [***] and [***] of the [***] and for no other purposeparty.

Confidentiality of Terms of Agreement. The Parties both agree that the terms of the Agreement are the confidential information Confidential Information of each Party, and they each shall keep such terms confidential and not disclose the this Agreement or any Ancillary Agreement, except as otherwise provided herein. Notwithstanding the foregoing, the Parties acknowledge and agree that either Party may be required by Applicable Law or 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 shall notify the other Party in writing and shall provide the other Party with at least [***] 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 redactions timely 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 or the rules, regulations or guidelines promulgated thereunder, but ; provided that the foregoing shall not prevent the Party from making such public disclosures as it, on advice of counsel, must make to comply with Applicable Law. Either Party may disclose the terms of this Agreement in confidence to (a) its directors, Affiliates Affiliates, Sublicensees and professional service providers providers, (b) in the case of [***], and (bc) [***] and their respective [***] who], who are in each case ((a) and (b)) are subject to [***] (or if applicable [***]), which restrictions shall, inter alia, in the case of the Persons described in this clause (bc), limit the permitted use of the terms of this Agreement solely to [***] and [***] of the [***] and for no other purpose.

Confidentiality of Terms of Agreement. The Parties parties both agree that the terms of the this Agreement are the confidential information Confidential Information of each Partyparty, and they each shall keep such terms confidential and not disclose the this 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 the requirements of a national securities exchange or another similar regulatory body other governmental 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, to the extent consistent with law, 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 Applicable Law or the rules, regulations or guidelines promulgated thereunder, but provided that the foregoing neither party shall not unreasonably withhold its consent in a manner that would prevent the Party other party from making such public disclosures as it, on advice of counsel, must make to comply with Applicable Law. Either Party may In addition, each party shall be entitled to disclose the terms of this Agreement under obligations of confidentiality comparable to those set forth in confidence to this Agreement (a) its directorsto legal counsel of the parties, Affiliates accountants, and other professional service providers and advisors; (b) banks, investors and other financing [***] Information has been omitted and their respective [***] whofiled separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 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 each case ((a) and (b)) are subject to [***] (or if applicable [***])good faith, which restrictions shall, inter alia, in with the case of the Persons described in clause (b), limit the permitted use of the terms of this Agreement solely to [***] and [***] of the [***] and for no other purposeparty.