Joint Information. (a) During the course of the Development Project, the Parties will maintain a list of Developed Information that is jointly owned pursuant to Section 2.02(b). All such Developed Information that is jointly owned shall, if in written or other tangible form, be marked "PROPRIETARY LUCENT-mPHASE" and shall be maintained confidential by both Parties. All such Developed Information that is jointly owned, if in intangible form shall be reduced to a written or other tangible form within thirty (30) days and marked accordingly. (b) Each Party may license the Joint Information, or any portion thereof, to a third party without the permission of the other party, provided that (i) such third party agrees to confidentiality provisions for the Joint Information which are not less restrictive than the provisions herein, and (ii) royalties are paid by the licensing Party in accordance with Appendix B3, Sections B1(b) and B2(b) and B2(c), as applicable . (c) The Parties agree not to release any information regarding the existence or content of this Agreement, except as required by law. The Parties may discuss the possibility of issuing a joint press release(s) regarding the relationship contemplated by this Agreement. However, each of the Parties must agree in writing on the content and timing of such joint press release; provided, neither party shall be under any obligation to agree to any joint press release, each party mPhase Technologies, Inc. DEVELOPMENT AGREEMENT being entitled to refuse, for any reason or no reason at all, with or without cause, to agree to the issuance of such joint press release.
Appears in 3 contracts
Samples: Development Agreement (Mphase Technologies Inc), Development Agreement (Mphase Technologies Inc), Development Agreement (Mphase Technologies Inc)
Joint Information. (a) During the course of the Development Project, the Parties will maintain a list of Developed Information that is jointly owned pursuant to Section 2.02(b). All such Developed Information that is jointly owned shall, if in written or other tangible form, be marked "βPROPRIETARY LUCENT-mPHASE" β and shall be maintained confidential by both Parties. All such Developed Information that is jointly owned, if in intangible form shall be reduced to a written or other tangible form within thirty (30) days and marked accordingly.
(b) Each Party may license the Joint Information, or any portion thereof, to a third party without the permission of the other party, provided that (i) such third party agrees to confidentiality provisions for the Joint Information which are not less restrictive than the provisions herein, and (ii) royalties are paid by the licensing Party in accordance with Appendix B3, Sections B1(b) and B2(b) and B2(c), as applicable .
(c) The Parties agree not to release any information regarding the existence or content of this Agreement, except as required by law. The Parties may discuss the possibility of issuing a joint press release(s) regarding the relationship contemplated by this Agreement. However, each of the Parties must agree in writing on the content and timing of such joint press release; provided, neither party shall be under any obligation to agree to any joint press release, each party mPhase Technologies, Inc. DEVELOPMENT AGREEMENT being entitled to refuse, for any reason or no reason at all, with or without cause, to agree to the issuance of such joint press release.
Appears in 2 contracts
Samples: Development Agreement (Mphase Technologies Inc), Development Agreement (Mphase Technologies Inc)