Common use of Exceptions to Obligation Clause in Contracts

Exceptions to Obligation. The restrictions contained in Section 9.2 shall not apply to Confidential Information that: (i) is submitted by the recipient to governmental authorities to facilitate the issuance of Registrations for the Products, provided that reasonable measures shall be taken to assure confidential treatment of such information; (ii) is provided by the recipient to Third Parties under confidentiality agreements having provisions at least as stringent as those in this Agreement, for consulting, manufacturing development, manufacturing, external testing, marketing trials and to Third Parties who are Sublicensees or other development/marketing partners hereunder with respect to any of the subject matter of this Agreement; (iii) is otherwise required to be disclosed in compliance with applicable laws or regulations or order by a court or other regulatory body having competent jurisdiction; provided that if a Party is required to make any such disclosure of the other Party’s Confidential Information such Party will give reasonable advance written notice to the other Party of such disclosure requirement and, except to the extent inappropriate in the case of patent applications, will use its best efforts to secure confidential treatment of such Confidential Information required to be disclosed; or (iv) was developed by the receiving Party independent of any disclosure received under this Agreement. In addition, the restrictions contained in Section 9.2 shall not apply to SkyePharma or Enzon to the extent the Confidential Information relates to any application of the SkyePharma Technology or Inventions solely owned by SkyePharma or the Enzon Technology or Inventions solely owned by Enzon, as the case may be (i) outside the field or (ii) to any compounds or products other than those Compounds and Products then under development or commercialization under this Agreement.

Exceptions to Obligation. The restrictions contained in Section 9.2 12.2 shall not apply to Confidential Information that: (ia) is submitted by the recipient a receiving Party to governmental authorities including, for the avoidance of doubt, any Regulatory Authorities, to facilitate the issuance of Registrations for the ProductsProduct, provided that reasonable measures shall be taken to assure confidential treatment of such informationConfidential Information; (iib) is provided by the recipient to Third Parties receiving Party under confidentiality agreements having provisions at least as stringent as those in this Agreement, (i) to Third Parties for consultingdevelopment (including clinical trials), manufacturing development, manufacturing, external testing, marketing trials and commercialization activities and/or (ii) to Third Parties who are Sublicensees sublicensees or other development/marketing partners hereunder with respect to any of the subject matter of this Agreement; (iiic) is otherwise required to be disclosed in compliance with applicable laws or regulations (including, without limitation and for the avoidance of doubt, the requirements of the U.S. Securities and Exchange Commission, Taxing Authorities and Nasdaq or any other stock exchange on which securities issued by a Party are traded) or order by a court or other regulatory body having competent jurisdiction; provided that provided, that, if a Party is required to make any such disclosure of the other Party’s Confidential Information such Party will give reasonable advance written notice to the other disclosing Party of such disclosure requirement requirement, unless the disclosure is in connection with any document filed with or furnished to the SEC or unless disclosure of the terms of this Agreement is requested by a Taxing Authorities during conduct of tax examinations of either Party, and, except to the extent inappropriate in the case of patent applications, will use its best reasonable efforts to secure confidential treatment of such Confidential Information required to be disclosed; or (ivd) was developed by the receiving Party independent of any disclosure received under this Agreement. In addition, the restrictions contained in Section 9.2 12.2 shall not apply to SkyePharma Licensor or Enzon Elanco to the extent the Confidential Information relates to any patent application of the SkyePharma related to: (A) any Licensor Technology or Inventions solely owned by SkyePharma Licensor; or the Enzon Technology or Inventions (B) any technology solely owned by EnzonElanco, as the case may be (i) outside the field or (ii) to any compounds or products other than those Compounds and Products then under development or commercialization under this Agreementbe.

Exceptions to Obligation. The restrictions contained in Section 9.2 shall not apply to Confidential Information that: that (ia) is submitted by the recipient to governmental authorities Regulatory Authorities to facilitate the issuance of Registrations for the Products, provided that provided, that, reasonable measures shall be taken to assure confidential treatment of such information; (iib) is provided by the recipient to Third Parties under confidentiality agreements having provisions at least as stringent as those in this Agreement, for consulting, manufacturing development, manufacturing, external testing, marketing trials Agreement in connection with its responsibilities under the Development Programs and to Third Parties who are Sublicensees or other development/marketing partners hereunder with respect to any of the subject matter of this AgreementCommercialization Programs; (iiic) is otherwise required to be disclosed in compliance with applicable laws or regulations or order by a court or other regulatory body having competent jurisdiction; provided that provided, that, if a Party is required to make any such disclosure of the other Party’s Confidential Information such Party will give reasonable advance written notice to the other Party of such disclosure requirement and, except to the extent inappropriate in the case of patent applications, will use its commercially reasonable best efforts to secure confidential treatment of such Confidential Information required to be disclosed; or (ivd) was developed by the receiving Party independent of any disclosure received under this Agreement; or (e) is developed under or is in connection with this Agreement by either Party and needs to be used by the Party which developed same to prepare, file and/or prosecute patent applications in the United States, Canada and other countries consistent with the terms of this Agreement. In addition, the restrictions contained in Section 9.1 or 9.2 shall not apply to SkyePharma or Enzon to the extent the Confidential Information relates to any Product or any application of the any SkyePharma Technology IP, SkyePharma Product Patent, SkyePharma Product IP or Inventions solely owned by SkyePharma or the Enzon Technology or Inventions solely owned by EnzonInvention; in each case, as the case may be for any application (i) outside the field Territory, whether or not in the Exclusivity Field, or (ii) to any compounds outside the Exclusivity Field, whether or products other than those Compounds and Products then under development or commercialization under this Agreementnot in the Territory.

Exceptions to Obligation. The restrictions contained in Section 9.2 shall not apply to Confidential Information that: that (ia) is submitted by the recipient to governmental authorities Regulatory Authorities to facilitate the issuance of Registrations for the Products, provided that provided, that, reasonable measures shall be taken to assure confidential treatment of such information; (iib) is provided by the recipient to Third Parties under confidentiality agreements having provisions at least as stringent as those in this Agreement, for consulting, manufacturing development, manufacturing, external testing, marketing trials Agreement in connection with its responsibilities under the Development Programs and to Third Parties who are Sublicensees or other development/marketing partners hereunder with respect to any of the subject matter of this AgreementCommercialization Programs; (iiic) is otherwise required to be disclosed in compliance with applicable laws or regulations or order by a court or other regulatory body having competent jurisdiction; provided that provided, that, if a Party is required to make any such disclosure of the other Party’s 's Confidential Information such Party will give reasonable advance written notice to the other Party of such disclosure requirement and, except to the extent inappropriate in the case of patent applications, will use its commercially reasonable best efforts to secure confidential treatment of such Confidential Information required to be disclosed; or (ivd) was developed by the receiving Party independent of any disclosure received under this Agreement; or (e) is developed under or is in connection with this Agreement by either Party and needs to be used by the Party which developed same to prepare, file and/or prosecute patent applications in the United States, Canada and other countries consistent with the terms of this Agreement. In addition, the restrictions contained in Section 9.1 or 9.2 shall not apply to SkyePharma or Enzon to the extent the Confidential Information relates to any Product or any application of the any SkyePharma Technology IP, SkyePharma Product Patent, SkyePharma Product IP or Inventions solely owned by SkyePharma or the Enzon Technology or Inventions solely owned by EnzonInvention; in each case, as the case may be for any application (i) outside the field Territory, whether or not in the Exclusivity Field, or (ii) to any compounds outside the Exclusivity Field, whether or products other than those Compounds and Products then under development or commercialization under this Agreementnot in the Territory.