Further Publicity. Except for the initial press releases described in Section 14.3.2, whenever a Party (the “Requesting Party”) elects to make any such public disclosure, it shall first notify the other Party (the “Cooperating Party”) of such planned press release or public announcement and provide a draft for review at least three Business Days in advance of issuing such press release or making such public announcement (or, with respect to press releases and public announcements that are required by applicable Law, or by regulation or rule of any public stock exchange, with as much advance notice as possible under the circumstances if it is not possible to provide notice at least three Business Days in advance); provided, however, that a Party may issue such press release or public announcement without such prior review by the other Party if (a) the contents of such press release or public announcement have previously been made public other than through a breach of this Agreement by the issuing Party; (b) such press release or public announcement does not materially differ from the previously issued press release or other publicly available information; (c) such press release solely relates to the achievement of milestone events under Section 9.3 and Section 9.4 and payments (including amounts) therefore; and (d) such press release or public announcement does not contain the other Party’s name. The Cooperating Party may notify the Requesting Party -85- of any reasonable objections or suggestions that the Cooperating Party may have regarding the proposed press release or public announcement, and the Requesting Party shall reasonably consider any such objections or suggestions that are provided in a timely manner. The principles to be observed in such disclosures shall include accuracy, compliance with applicable Law and regulatory guidance documents, reasonable sensitivity to potential negative reactions of the FDA (and its foreign counterparts) and the need to keep investors informed regarding the Requesting Party’s business.
Further Publicity. The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant development regarding the Compound and Products in the Territory and other activities in connection with this Agreement in the Territory that reflect information that is not otherwise permitted to be disclosed under this Article 11, beyond what is required by Law, and each Party may make such public disclosures from time to time with the approval of the other Party, which approval will not to be unreasonably withheld or delayed. Such disclosures may include, without limitation, achievement of milestones, significant events in the Development or regulatory process and/or the Launch of a Product in a Major Market. When a Party (the “Requesting Party”) elects to make any such public disclosure under this Section 11.2.2, it will give the other Party (the “Cooperating Party”) at least seven (7) business days notice to review and comment on such statement, and in any event the Cooperating Party shall work diligently and reasonably to agree on the text of any proposed disclosure in an expeditious manner. The principles to be observed in such disclosures shall be accuracy, compliance with applicable Law and regulatory guidance documents, reasonable sensitivity to potential negative reactions of the FDA (and its foreign counterparts) and the need to keep investors informed regarding the Requesting Party’s business.
Further Publicity. Except as permitted by Section 7.3, 7.4 or 7.5.1, neither Party will issue any press release or other public statement disclosing any information relating to this Agreement without the prior written consent of the other Party, such consent not to be unreasonably withheld, conditioned or delayed; provided, however, that Xxxxxxx may issue press releases or public statements regarding the Licensed Compounds or Licensed Products or the Exploitation thereof, without Licensor’s prior consent. Notwithstanding the foregoing, once information relating to this Agreement has been publicly disclosed as permitted under this Agreement, neither Party is required to obtain the other Party’s consent or provide notice of further public disclosure of such information, provided that such information remains accurate and not misleading in all material respects at the time of such further public disclosure.
Further Publicity. Except as required to comply with applicable Law or as permitted by Section 9.3, 9.4 or 9.5.1, (i) if either Party intends to issue any press release or make other public statement disclosing any results or developments regarding the Products in the Field or other activities in connection with this Agreement, it shall give the other Party a reasonable opportunity to review and comment [***] and shall consider any such comments in good faith and in the case of press releases, (ii) shall not issue such press release without the prior written consent of the other Party, such consent not to be unreasonably withheld, conditioned or delayed. If a Party intends to issue such a press release or other public statement as required to comply with applicable Law, such Party will, except where impracticable or not legally permitted, give reasonable advance notice to the other Party of such disclosure. Notwithstanding the foregoing, once information relating this Agreement has been publicly disclosed as permitted under this Agreement, neither Party shall be required to obtain the other Party’s consent or provide notice of its further public disclosure, provided that such information remains accurate and not misleading in all material respects at the time of such further public disclosure. The Parties shall not proactively or reactively make any statements to the media on [***] unless both Parties agree. If both Parties intend to issue press releases or make other public statements with respect to the same event or matter, then the Parties shall cooperate in good faith with respect to the timing of such releases or statements.
Further Publicity. Neither Party shall originate any publicity, news release or public announcements, written or oral, whether to the public or press, stockholders or otherwise, relating to this Agreement, including its existence, the subject matter to which it relates, performance under it, or any of its terms, or to any amendment hereto, without the prior written consent of the other Party, save only such announcements or filings that are required by Applicable Laws (including under the rules of any relevant stock exchange or government agency regulating trading in securities of a Party or its parent Affiliate), to be made or that are otherwise agreed by the Parties, which announcements shall be brief and factual. If a Party desires to make any such public announcement not required by Applicable Law, either directly or indirectly (such as through an Affiliate), such Party shall provide the other Party with a draft of the proposed announcement and provide the other Party a reasonable opportunity to comment on the nature, text, and timing of such announcement, which shall be brief and factual.
Further Publicity. The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant developments regarding the Products within the Territory and other activities in connection with this Agreement in the Territory that may include information that is not otherwise permitted to be disclosed under this Article 10, and that may be beyond what is required by law. The JSC shall develop a plan for the coordination, review and sign off by each Party of public disclosure of information relating to the Product. Each Party shall adhere to such disclosure plan, provided that each Party shall be free to make such public disclosures as it deems necessary to comply with all applicable law, rules and regulations.
Further Publicity. Subject to clauses 11.1 and 11.2 no party may disclose the provisions of this agreement, the Purchase Price or other terms on which the Rights are sold unless the other party first consented in writing.
Further Publicity. Subject to CLAUSES 11.1
Further Publicity. 9.4.1 Subject to clause 9.1 of this Agreement, no party may disclose the provisions of this Agreement or the terms on which the Transfer Addresses are sold unless the parties to this Agreement have first consented in writing.
9.4.2 The Recipient acknowledges and agrees that:
(a) it will not made any announcement or press release in respect of its successful tender or its acquisition of the Transfer Addresses until Completion or otherwise APIDT has first consented in writing consent the party may withhold in its sole discretion; and
(b) APIDT may make an announcement or press release in relation to the completion of each stage of the RFT Process, including an aggregated reference to the total amount realised from the process even if the Tender Price may be derived from that information.
Further Publicity. Subject to clause 11.1, no party may disclose the provisions of this agreement or the terms of the sale transaction the subject of this agreement without the written consent of PDL and the Principal Buyer.
