Confidentiality Publications. During the term of this Agreement, and for a period of five (5) years thereafter, each party will maintain in confidence all confidential Background Intellectual Property and Project Intellectual Property of a party, as well as all other Confidential Information of a party disclosed by that party to the other in connection with this Project. Neither party will use, disclose or grant use of such Confidential Information except as required to perform under this Agreement. Each party will use at least the same standard of care as it uses to protect its own Confidential Information to insure that students, interns, employees, agents and consultants do not disclose or make any unauthorized use of such Confidential Information. Any student, intern, employee, agent or consultant of the receiving party must be notified of the restrictions on the use of the disclosing party’s Confidential Information and must agree with those restrictions before being allowed access to the Confidential Information. Each party will promptly notify the other upon discovery of any unauthorized use or disclosure of the Confidential Information. Either party may publish its results from this project. However, the publishing party will provide the other party a thirty (30) day period in which to review proposed publications, identify proprietary or confidential information, and submit comments. The publishing party will not publish or otherwise disclose proprietary or confidential information in accordance with the procedures described in this article and the publishing party will give full consideration to all comments before publication. Furthermore, upon request of the reviewing party, publication will be deferred for up to sixty (60) additional days for preparation and filing of a Patent application which the reviewing party has the right to file or to have filed at its request by the publishing party.
Confidentiality Publications. During the term of this Agreement, and for a period of five (5) years thereafter, each Party will maintain in confidence all confidential intellectual property of a Party, as well as all other proprietary or confidential information of a Party (hereinafter “Confidential Information”) that is disclosed by that Party to the other in connection with this Project. For written disclosures, the disclosing Party will mark the Confidential Information as “confidential” at the time of disclosure. For oral or visual disclosures, the disclosing Party will designate the Confidential Information as “confidential” at the time of disclosure and confirm such designation in writing within thirty (30) days of such initial disclosure. Neither Party will use, disclose or grant use of such Confidential Information except as required to perform under this Agreement. Each Party will use at least the same standard of care as it uses to protect its own Confidential Information to ensure that students, interns, employees, agents and consultants do not disclose or make any unauthorized use of such Confidential Information. Any student, intern, employee, agent or consultant of the receiving Party must be notified of the restrictions on the use of the disclosing Party’s Confidential Information and must agree with those restrictions before being allowed access to the Confidential Information. Each Party will promptly notify the other upon discovery of any unauthorized use or disclosure of the Confidential Information. Either Party may publish its results from this Project. However, the publishing Party will provide the other Party a thirty (30) day period in which to review proposed publications, identify Confidential Information, and submit comments. The publishing Party will not publish or otherwise disclose Confidential Information in accordance with the procedures described in this clause and the publishing Party will give full consideration to all comments before publication. Furthermore, upon request of the reviewing Party, publication will be deferred for up to sixty (60) additional days for preparation and filing of a patent application which the reviewing Party has the right to file or to have filed at its request by the publishing Party.
Confidentiality Publications. RECIPIENT agrees to treat in confidence, for a period of three (3) years from the date of its disclosure, any of BEI Resources’ or CONTRIBUTOR’s written information about MATERIAL that is stamped “CONFIDENTIAL” except for information that was previously known to RECIPIENT or that is or becomes publicly available or which is disclosed to RECIPIENT without a confidentiality obligation. Any oral disclosures from BEI RESOURCES or CONTRIBUTOR shall be identified as confidential by notice delivered to RECIPIENT within ten (10) days after the date of oral disclosure. RECIPIENT may publish or otherwise publicly disclose the results of the work with MATERIAL, but if RECIPIENT received confidential information from BEI Resources or CONTRIBUTOR, then only after the source of the confidential information has had thirty (30) days to review the proposed disclosure to determine whether it includes any CONFIDENTIAL information, except when a shortened time period under court order of the Freedom of Information Act, 5 U.S.C.§ 552, pertains. RECIPIENT agrees to provide a copy of all publications relating to MATERIAL or MODIFICATIONS to ATCC for deposit into BEI Resources. In all publications and patent applications that reference MATERIAL or MODIFICATIONS, RECIPIENT agrees to acknowledge BEI Resources and the BEI Resources catalog numbers if applicable, and any CONTRIBUTOR indicated through BEI Resources as the source of ORIGINAL MATERIAL. RECIPIENT agrees that ATCC may inform CONTRIBUTOR of RECIPIENT’S identity if required to do so by law, by CONTRIBUTOR, or if MATERIAL is subject to an issued patent.
Confidentiality Publications. 6.1 [Party] will treat any and all information and material communicated or transferred to it by [CERES/IGER] pursuant to this Agreement (including but not limited to the CERES/IGER Plant Material) and any Results (including without limitation any progeny, plants, seeds, parts of plants, plant material, or products obtained directly or indirectly from the Plant Material) as strictly confidential and will not use the same for any purpose other than as expressly allowed by this Agreement nor disclose or transfer the same to any third party other than its employees or staff members necessary to carry out the Program and bound by appropriate secrecy and non-use undertakings consistent with [Party’s] obligations under this Agreement.
6.2 [Party] shall take all precautions to prevent theft or pilferage of the Plant Material and any progeny, plants, seeds, parts of plants or plant material obtained directly or indirectly from the Plant Material.
6.3 [Party] will not grant access to any field where Plant Material or any progeny, plants, seeds, parts of plants or plant material obtained directly or indirectly from the Plant Material can be viewed to any third party except with the prior written permission of [CERES/IGER].
Confidentiality Publications. (a) The parties do not intend to disclose to each other confidential information during the performance of this Agreement. However, if at any anytime a party desires to disclose confidential information to the other party, then the parties will at such time enter into a mutual non-disclosure agreement, in form mutually agreed by the parties. Accordingly, all information regarding Xxxxxxx provided by Baxter to Buyer, and information otherwise available to Buyer from third party sources, may be used by Buyer in its submissions to regulatory authorities.
Confidentiality Publications. 18 7.1 Confidentiality; Exceptions..................................................18
Confidentiality Publications. A. Any proprietary or confidential information of a Party, disclosed by that Party to the other in connection with this SBIR Project, shall be received and held in confidence by the receiving Party and, except with the consent of the disclosing Party or as permitted under this Agreement, neither used by the receiving Party nor disclosed by receiving Party to others, provided that the receiving Party has notice that such information is regarded by the disclosing Party as proprietary or confidential.
B. Confidentiality obligations shall not apply to use or disclosure by the receiving Party after such information (i) is or becomes known to the public without breach of this provision; (ii) is or becomes known to the receiving Party from a source reasonably believed to be independent of the disclosing Party; or (iii) is developed by or for the receiving Party independently of its disclosure by the disclosing Party.
C. Subject to the terms of paragraph (A) above, either Party may publish its results from this SBIR Project. Accordingly, Subcontractor’s researchers will not be restricted from presenting at symposia, national, or regional professional meetings, or from publishing in abstracts, journals, theses, or dissertations, or otherwise, whether in printed or in electronic media, methods and results of its work, under the following terms and conditions:
(i) Subcontractor shall deliver to SPONSOR copies of any proposed publication or presentation at least 30 days in advance of the submission of such proposed publication or presentation to a journal, editor, or other third party.
(ii) SPONSOR shall have 30 days, after receipt of said copies, to object to such proposed presentation or proposed publication because the publication contains SPONSOR Confidential Information or their is patentable subject matter which needs protection.
(iii) If SPONSOR makes objection on the grounds of the inclusion of Confidential Information, Subcontractor will ensure that its researchers remove such Confidential Information immediately from the proposed presentation or publication, after which University and its researchers may proceed with said presentation or publication.
(iv) If SPONSOR makes an objection on the grounds of protection of patentable subject matter, said Researcher(s) shall refrain from making such publication or presentation for a maximum of three (3) months from date of receipt of such objection in order for Subcontractor and/or SPONSOR as appropriate, file paten...
Confidentiality Publications. 10.1 The Parties undertake to keep secret, pursuant to the conditions listed below, information belonging to one of the Parties, which will be communicated within the scope of the Agreement or of a Specific Agreement.
Confidentiality Publications. RECIPIENT agrees to treat in confidence any of ATCC®’s, the IRR’s or CONTRIBUTOR’s information about MATERIAL that is by its nature reasonably expected to be confidential or proprietary, except for information that (i) was previously known to RECIPIENT, (ii) that is or becomes publicly available other than as a result of a breach of a confidentiality obligation, (iii) that is independently developed by RECIPIENT without the aid or benefit of such disclosed information, or (iv) that is required to be disclosed by a court of competent jurisdiction. RECIPIENT may publish or otherwise publicly disclose the results of the work with MATERIAL or MODIFICATIONS but if RECIPIENT received confidential information from CDC, ATCC® or CONTRIBUTOR, then only after the source of the confidential information has had ninety (90) days to review the proposed disclosure to determine whether it includes any Confidential information, except when a shortened time period under court order of the Freedom of Information Act, 5 U.S.C.§ 552, pertains. RECIPIENT agrees to provide a reference of all publications relating to ORIGINAL MATERIAL and MODIFICATIONS to the IRR. Acknowledgment of the use of PIP BIOLOGICAL MATERIAL should adhere to the PIP framework (xxxx://xxxxxxxxx.xxx.xxx/publications/2011/9789241503082_eng.pdf). RECIPIENT agrees that ATCC® may inform CONTRIBUTOR of RECIPIENT’S identity if required to do so by law, by CONTRIBUTOR, or if MATERIAL or PIP BIOLOGICAL MATERIAL is subject to an issued patent.
Confidentiality Publications. RECIPIENT agrees to treat in confidence, for a period of three (3) years from the date of its disclosure, any of FR3’s or CONTRIBUTOR’s written information about MATERIAL that is stamped “CONFIDENTIAL” except for information that was previously known to RECIPIENT or that is or becomes publicly available or which is disclosed to RECIPIENT without a confidentiality obligation. Any oral disclosures from FR3 or CONTRIBUTOR shall be identified as confidential by notice delivered to RECIPIENT within ten (10) days after the date of oral disclosure. RECIPIENT may publish or otherwise publicly disclose the results of the work with MATERIAL. However, if RECIPIENT received CONFIDENTIAL information from FR3 or CONTRIBUTOR, then only after the source of the CONFIDENTIAL information has had thirty
