Common use of Confidentiality; Press Releases Clause in Contracts

Confidentiality; Press Releases. (a) Ethicon and Genetronics will be exchanging information relating to the Drug Delivery System at the inception of and from time to time during the term of this Agreement. Any such information which is considered by the disclosing party to be confidential will be identified in writing as confidential information or, if disclosed orally or in another non-written manner, shall be confirmed in writing as being confidential promptly after the disclosure thereof. The party receiving such information will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidence during the term of this Agreement and for a period of five years thereafter. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a Third Party who has no obligation of confidentiality to the disclosing party, (v) is developed independently by the receiving party, (vi) is required to be disclosed to comply with a court or administrative subpoena or order, provided the receiving party first uses reasonable effort to obtain an order preserving the confidentiality of the confidential information and provided that the receiving party gives the other party timely notice off the contemplated disclosure to provide the disclosing party the opportunity to intervene to preserve the confidentiality of the information, or (vii) is required to be disclosed under applicable laws, rules or regulations, including, without limitation, the rules and regulations of the Toronto Stock Exchange or other governmental bodies.

Confidentiality; Press Releases. (a) Ethicon and Genetronics will be exchanging information relating to the Drug Delivery System Products at the inception of and from time to time during the term of this Agreement. Any such information which is considered by the disclosing party to be confidential will be identified in writing as confidential information or, if disclosed orally or in another non-written manner, shall be confirmed in writing as being confidential promptly after the disclosure thereof. The party receiving such information will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidence during the term of this Agreement and for a period of five years thereafter. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a Third Party third party who has no obligation of confidentiality to the disclosing party, party or (v) is developed independently by the receiving party, (vi) is required to be disclosed to comply with a court or administrative subpoena or order; provided, provided however, that the receiving party first uses reasonable effort efforts to obtain an order preserving the confidentiality of the confidential information any Confidential Information, and provided provided, further, that the receiving party gives the other party timely notice off of the contemplated disclosure to provide the disclosing party the opportunity to intervene to preserve the confidentiality of the informationany Confidential Information, or (vii) is required to be disclosed under applicable laws, rules or regulations, including, without limitation, the rules and regulations of the Toronto Stock Exchange or other governmental bodies.