Common use of Delay of Publication Clause in Contracts

Delay of Publication. Prior to the expiration of the sixty (60) day period specified in this Section 2.10, the non-disclosing party may notify the disclosing party of its determination that such Publication contains Sensitive Material. In such event, the disclosing party shall withhold its proposed disclosure and confer with the non-disclosing party, through the Research Committee, to determine the best course of action to take in order to modify the disclosure to (a) delete the Confidential Information of the non-disclosing party, or other Sensitive Material sought to be disclosed, or (b) obtain patent protection. If the non-disclosing party determines that the disclosure describes a patentable invention, the party Controlling the prosecution of such patent shall timely file a U.S. patent application, and the disclosing party shall not submit the Publication relating to such invention until after a patent application has been filed and such application has been made public. If either party reasonably anticipates that such application will need to be supplemented (i.e., a continuation-in-part application filed) prior to publication of the application, no disclosure of such information will be made until the subject application is supplemented and filed in the appropriate patent office, and the subject application has been made public. Notwithstanding any provision of this Section 2.10 to the contrary, either party has the right to withhold consent from Publication of its Confidential Information or other sensitive strategic information.

Delay of Publication. Prior to the expiration of the sixty (60) day period specified in this Section 2.10, the non-disclosing party may notify the disclosing party of its determination that such Publication contains Sensitive Material. In such event, the disclosing party shall withhold its proposed disclosure and confer with the non-disclosing party, through the Research Committee, to determine the best course of action to take in order to modify the disclosure to (a) delete the Confidential Information of the non-disclosing party, or other Sensitive Material sought to be disclosed, or (b) obtain patent protection. If the non-disclosing party determines that the disclosure describes a patentable invention, the party Controlling the prosecution of such patent shall timely file a U.S. patent application, and the disclosing party shall not submit the Publication relating to such invention until after a patent application has been filed and such application has been made public. If either party reasonably anticipates that such application will need to be supplemented (i.e., a continuation-in-part application filed) prior to publication of the application, no disclosure of such information will be made until the subject application is supplemented and filed in the appropriate patent office, and the subject application has been made public. Notwithstanding any provision of this Section 2.10 to the contrary, either party has the right to withhold consent from Publication of its Confidential Information or other sensitive strategic information. *** Confidential treatment has been requested for redacted portions of this exhibit. This copy omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been provided separately to the Securities and Exchange Commission.