Common use of Confidentiality Publications Clause in Contracts

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. 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 xxxx 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. In the performance of a Task Order, it may be necessary for one party to disclose information that is proprietary and confidential (“Confidential Information”) to the other party. All such Confidential Information must be disclosed in writing and designated as confidential or, if disclosed orally, must be identified as confidential at the time of disclosure and confirmed in writing and designated as confidential within thirty (30) days of such oral disclosure. During the term of this Agreementthe applicable Task Order under which Confidential Information is disclosed, and for a period of five (5) years thereafter, each Party party will maintain in confidence all confidential intellectual property Background Intellectual Property, Research or Service Intellectual Property, and all other Confidential Information of a Party, as well as all other proprietary or confidential information of a Party (hereinafter “Confidential Information”) that is party disclosed by that Party 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 disclosureapplicable project. Neither Party party will use, disclose or grant use of such Confidential Information except as required to perform under this Agreementthe applicable Task Order. Each Party 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 party must be notified of the restrictions on the use of the disclosing Partyparty’s Confidential Information and must agree with those restrictions before being allowed access to the Confidential Information. Each Party party will promptly notify the other upon discovery of any unauthorized use or disclosure of the Confidential Information. Either Party party may publish its results from this Projectthe projects contemplated herein. However, the publishing Party party will provide the other Party party a thirty (30) day period in which to review proposed publications, identify proprietary or Confidential Information, and submit comments. The publishing Party party will not publish or otherwise disclose proprietary or Confidential Information in accordance with the procedures described in this clause and the publishing Party party will give full consideration to all comments before publication. Furthermore, upon request of the reviewing Partyparty, publication will be deferred for up to sixty (60) additional days for preparation and filing of a patent application which the reviewing Party party has the right to file or to have filed at its request by the publishing Partyparty.

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 with 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. During Confidentiality Each Party shall only provide the other Parties with the Confidential Information that it deems to be required for implementation of the Project, subject to third party rights. No provision of the Agreement may be construed as obliging any Party to disclose Confidential Information to another Party. The Party which receives Confidential Information from one of the other Parties undertakes, for the term of this Agreement, the Agreement and for a period of five (5) years thereafterfollowing its termination or expiry, 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”) to ensure 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 originating from the time of disclosure. For oral or visual disclosures, the Party disclosing Party will designate the Confidential Information as “confidential” at the time of disclosure it: is kept strictly confidential and confirm such designation is protected 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 manner as it uses to protect its own Confidential Information of similar importance and this with a least a reasonable degree of care; is only provided to ensure the members of its staff, Affiliates or subcontractors which have to be familiar therewith, and provided that studentsthey are held to confidentiality obligations at least as strict as those stated in this Agreement is only used for the purposes set forth in the Agreement and is not copied, interns, employees, agents reproduced or duplicated totally or partially unless it is for the purposes of the implementation of the Project. Any and consultants do not disclose all other disclosure or make any unauthorized use of the Confidential Information shall require the prior, written agreement of the Party disclosing it. In any event, the recipient Party remains responsible to the disclosing Party for its Affiliates’ and subcontractors’ compliance with the obligations provided for in this article 9.1. All the Confidential Information and its reproductions, sent by a Party to another pursuant to the Agreement shall remain the property of the Party disclosing it, subject to third party rights The Party receiving the Confidential Information may disclose Confidential Information for which it is able to provide proof: that it was publicly available prior to disclosure or thereafter, but in this latter case in the absence of any fault of the recipient Party; that use or disclosure was authorised in writing by the disclosing Party; that it was developed independently and in good faith by the staff of the recipient Party, without such staff having access to said Confidential Information. Any studentthat it was already lawfully in its possession prior to disclosure from the disclosing Party; that it was legally received from a third party In case the disclosure of Confidential Information is imposed by the application of a law or regulation or in the context of a judicial, internadministrative or arbitration procedure, employee, agent this communication shall be limited to the strict minimum. The recipient Party agrees to promptly inform the disclosing Party in order to allow the latter to take appropriate measures in order to preserve confidentiality. No provision of this Agreement implies: a waiver of protection of Confidential Information by a patent or consultant by any and all other intellectual property right by the Party disclosing it; a transfer of any right over this information by the Party disclosing it in favour of the receiving other Parties. Publications, Communications Each Party must be notified undertakes not to communicate or publish, in any manner whatsoever, the Background and the Foreground of other Parties with which it may have familiarised itself, provided such information is not already publicly available or if said Party has not obtained the prior agreement of the restrictions on Party(ies) owning the Background or Foreground in question. Any planned publication or communication of information relating to the Project by one of the Parties shall be subject, during the term of the Agreement and for one (1) year following its expiry or termination date, to the prior and written agreement of the Parties. The Parties shall announce their decision within a maximum timeframe of two (2) weeks as from the request-notification date; said decision may consist of: An unreserved acceptance of the planned publication or communication; or a request for changes, in particular if some of the information contained in the planned publication or communication may compromise the industrial and commercial use of the disclosing Party’s Confidential Information Background and/or Foreground, or a request that the publication or communication be postponed if such would seem to be dictated by actual and must serious reasons, in particular if the information contained in the planned publication or communication needs to be protected as industrial property through patents or otherwise. Should a Party fail to reply within this timeframe, it shall be deemed to have given its agreement. Nevertheless, eighteen (18) months after the initial notification of the planned publication or communication in question, none of the Parties may refuse to agree to publication or communication, unless the information that shall be subject to said publication or communication has strategic scientific, industrial or commercial interest for the business activities of one of the Parties. After the period of 1 (one) year, any publication or communication will be done in compliance with those restrictions before being allowed access the confidentiality obligations stipulated at Article 9.1 above. The provisions of this Article 9.2 shall not remove or prevent: either the obligation binding upon all persons involved in the Project to present an activity report to the Confidential Informationorganisation to which they report; nor the defence of theses by researchers involved in the Project. Each Party will promptly notify Such defence is organised in compliance with university regulations and the other upon discovery of any unauthorized use or disclosure provisions relating to confidentiality. Where applicable, it may take place in camera and each member of the Confidential Information. Either examining board shall be bound by a non-disclosure commitment; nor one or more patent applications by one or more Parties resulting solely from their Foreground and / or Background; nor the publication or communication by a Party may publish of 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 PartyBackground and/or Own Foreground.

Confidentiality Publications. During 13.1 Each Party (the term “Receiving Party”) will keep any information and material or part thereof received from the other Party (the “Disclosing Party”) or accrued by the Receiving Party pursuant to this Agreement (including development reports) strictly confidential and will not disclose same to any other party, except to those employees or consultants of the Receiving Party or its Affiliates (with respect to LICENSEE) to whom it will be strictly necessary to grant access thereto for the purpose referred to in 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 who have executed undertakings securing their compliance with this ProjectAgreement. For written disclosuresHowever, the disclosing foregoing confidentiality obligations shall not apply to information or material which: • was in the Receiving Party’s and/or its Affiliates’ (with respect to LICENSEE) possession and at its free disposal prior to disclosure by the Disclosing Party will mark as evidenced by written records then in the Confidential Information as “confidential” at possession of the time of disclosure. For oral Receiving Party; or visual disclosures, • was in the disclosing Party will designate the Confidential Information as “confidential” public domain at the time of disclosure and confirm such designation in writing within thirty (30) days by the Disclosing Party; or • subsequently comes into the public domain through no fault, action or omission of such initial disclosure. Neither the Receiving Party; or • becomes available to Receiving Party will use, disclose or grant use without any obligation of such Confidential Information except as confidence from a third party having the right to transmit same; • is required to perform be disclosed in order to permit commercialization activities in accordance with the license granted by SENESCO pursuant to Article 4.1.; • is developed independently by the Receiving Party without reference to the Disclosing Party’s information or material. 13.2 The foregoing shall not prevent LICENSEE from making available information received from SENESCO to patent attorneys and patent offices when filing, prosecuting, maintaining and defending patent applications pursuant to this Agreement. 13.3 The foregoing shall not prevent SENESCO from issuing press releases concerning the existence of this Agreement and progress made under this Agreement. Each Party will use However, a draft of any such press release shall first be made available to LICENSEE at least one (1) week prior to such publication for LICENSEE’s approval as to its content, such approval not to be unreasonably withheld. Both Parties acknowledge that no press release will be issued before this Agreement is fully and duly executed by all Parties. 13.4 The foregoing shall not prevent either Party to disclose information in order to comply with any applicable law or if required to do so by order of any court or other judicial or administrative body, including the same standard of care as it uses SEC, provided that prior to protect its own Confidential Information to ensure that students, interns, employees, agents and consultants do not disclose or make any unauthorized use of making such Confidential Information. Any student, intern, employee, agent or consultant of disclosure the receiving Party must be notified gives the disclosing Party notice of the restrictions on the use requirement 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 information to all comments before publication. Furthermore, upon request of be disclosed and the reviewing Party, publication will be deferred for up opportunity if available to sixty (60) additional days for preparation and filing of seek a patent application which the reviewing Party has the right to file or to have filed at its request by the publishing Partyprotective order.