Common use of Disclosure of Relationship Clause in Contracts

Disclosure of Relationship. The parties each shall be entitled to disclose that the SAB Member is serving on the SAB and RXi may use the SAB Member’s name, including in any business plan, press release, advertisement, prospectus or other offering document of RXi or its affiliates, so long as any such usage (a) is limited to reporting factual events or occurrences only, and (b) is made in a manner that could not reasonably constitute a specific endorsement by the SAB Member of RXi or of any program, product or service of RXi. However, RXi shall not use the SAB Member’s name in any press release, or quote the SAB Member in any RXi materials (including advertisements), or otherwise use the SAB Member’s name in a manner not specifically permitted by the preceding sentence, unless in each case RXi obtains in advance the SAB Member’s consent. The foregoing consents shall not be unreasonably withheld or delayed by the SAB Member. Notwithstanding the foregoing, if, in the opinion of RXi’s counsel, RXi is required by applicable law to use the SAB Member’s name in a press release or governmental filing and, under the circumstances, RXi is not reasonably able to obtain the advance written consent of the SAB Member, as applicable, to such use, then RXi may proceed without obtaining the advance written consent of the SAB Member.

Disclosure of Relationship. The parties each shall be entitled to disclose that the SAB Member is serving on the SAB and RXi may use the SAB Member’s namename and, in doing so may cite the SAB Member’s relationship with the Institute, including in any business plan, press release, advertisement, prospectus or other offering document of RXi or its affiliates, so long as any such usage (a) is limited to reporting factual events or occurrences only, and (b) is made in a manner that could not reasonably constitute a specific endorsement by the Institute or the SAB Member of RXi or of any program, product or service of RXi. However, RXi shall not use the SAB Member’s name or the Institute’s name in any press release, or quote the SAB Member in any RXi materials (including advertisements), or otherwise use the SAB Member’s name or the Institute’s name in a manner not specifically permitted by the preceding sentence, unless in each case RXi obtains in advance the written consent of the Institute, and, in the case of the use of the SAB Member’s consentname, the SAB Member’s consent as well. The foregoing consents shall not be unreasonably withheld or delayed by the SAB Member. Notwithstanding the foregoing, if, in the opinion of RXi’s counsel, RXi is required by applicable law to use the SAB Member’s name or the Institute’s name in a press release or governmental filing and, under the circumstances, RXi is not reasonably able to obtain the advance written consent of the Institute or the SAB Member, as applicable, to such use, then RXi may proceed without obtaining the advance written consent of the Institute or the SAB Member, as applicable.

Disclosure of Relationship. The parties each shall be entitled to disclose that the SAB Member is serving on the SAB and RXi may use the SAB Member’s name, including in any business plan, press release, advertisement, prospectus or other offering document of RXi or its affiliates, so long as any such usage (a) is limited to reporting factual events or occurrences only, and (b) is made in a manner that could not reasonably constitute a specific endorsement by the SAB Member of RXi or of any program, product or service of RXi. However, RXi shall not use the SAB Member’s name in any press release, or quote the SAB Member in any RXi materials (including advertisements), or otherwise use the SAB Member’s name in a manner not specifically permitted by the preceding sentence, unless in each case RXi obtains in advance the SAB Member’s consent. The foregoing consents shall not be unreasonably withheld or delayed by the SAB Member. Notwithstanding the foregoing, if, in the opinion of RXi’s counsel, RXi is required by applicable law to use the SAB Member’s name in a press release or governmental filing and, under the circumstances, RXi is not reasonably able to obtain the advance written consent of the SAB Member, as applicable, to such use, then RXi may proceed without obtaining the advance written consent of the SAB Member. 17.