Common use of Litigation and Governmental Disclosure Clause in Contracts

Litigation and Governmental Disclosure. Each party may disclose Confidential Information of the other party to the extent such disclosure is reasonably necessary (a) for prosecuting or defending litigation or complying with a court order, or applicable law, governmental regulations or investigation, and (b) in the case of Medicis as the receiving party to conduct pre-clinical or clinical trials of the New Product, provided that if a party is required by court order, law or regulation to make any such disclosure of the other party’s Confidential Information it will give reasonable advance notice to the other party of such disclosure requirement and will use good faith efforts to assist such other party to secure a protective order or confidential treatment of such Confidential Information required to be disclosed.

Appears in 8 contracts

Samples: Joint Development Agreement (Impax Laboratories Inc), Joint Development Agreement (Impax Laboratories Inc), Joint Development Agreement (Impax Laboratories Inc)

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Litigation and Governmental Disclosure. Each party may disclose Confidential Information of the other party hereunder to the extent such disclosure is reasonably necessary (a) for prosecuting or defending litigation or litigation, complying with a court order, or applicable law, governmental regulations or investigation, and (b) in the case of Medicis as the receiving party to conduct conducting pre-clinical or clinical trials of the New Producttrials, provided that if a party is required by court order, law or regulation to make any such disclosure of the other party’s Confidential Information it will will, except where impractical for necessary disclosures, for example in the event of a medical emergency, give reasonable advance notice to the other party of such disclosure requirement and will use good faith efforts to assist such other party to secure a protective order or confidential treatment of such Confidential Information required to be disclosed.

Appears in 7 contracts

Samples: Manufacturing Agreement, Development and Supply Agreement (Halozyme Therapeutics Inc), Drug Product Development and Clinical Supply Agreement (Bio-Path Holdings Inc)

Litigation and Governmental Disclosure. Each party Party may disclose the other Party’s Confidential Information of the other party hereunder to the extent such disclosure is reasonably necessary (a) for prosecuting or defending litigation or litigation, complying with a court order, or applicable law, governmental regulations or investigation, and (b) in the case of Medicis as the receiving party to conduct conducting pre-clinical or clinical trials of the New Product, trials; provided that if a party Party is required by court order, law or regulation to make any such disclosure of the other partyParty’s Confidential Information it will will, except where impractical for necessary disclosures, for example in the event of a medical emergency, give reasonable advance notice to the other party Party of such disclosure requirement and will use good faith efforts to assist such other party Party to secure a protective order or confidential treatment of such Confidential Information required to be disclosed.

Appears in 2 contracts

Samples: Supply Agreement, Supply Agreement (Horizon Pharma PLC)

Litigation and Governmental Disclosure. Each party may disclose Confidential Information of the other party hereunder only to the extent such disclosure is reasonably necessary (a) for prosecuting or defending litigation or litigation, complying with a court order, or applicable law, governmental regulations or investigation, and (b) in the case of Medicis as the receiving party to conduct conducting pre-clinical or clinical trials of the New Product, trials; provided that if a party is required by court order, applicable law or regulation or by regulatory agencies to make any such disclosure of the other party’s Confidential Information it will Information, that party (a) will, except where impractical for necessary disclosures (for example, in the event of a medical emergency), give reasonable prompt advance written notice to the other party of such disclosure requirement requirement, and (b) will use good faith efforts to assist such other party to secure a protective order or confidential treatment of of, or to otherwise prevent disclosure of, such Confidential Information required to be disclosed.

Appears in 1 contract

Samples: Drug Product Development and Clinical Supply Agreement (Neurobiological Technologies Inc /Ca/)

Litigation and Governmental Disclosure. Each party may disclose Confidential Information of the other party to the extent such disclosure is reasonably necessary (ai) for prosecuting or defending litigation or complying to comply with a court order, order or applicable law, governmental regulations or investigationinvestigative requests, and or (bii) in the case of Medicis as the receiving party to conduct pre-clinical or clinical trials reasonable opinion of the New Productdisclosing party’s counsel is mandated by a subpoena, discovery request or other compulsory process, provided that if a party is required by court order, law or regulation permitted to make any such disclosure of the other party’s produce Confidential Information for any reasons set forth above (except for disclosure requested or required by the I.R.S.) it will give reasonable advance notice to the other party of such disclosure requirement and will use good faith efforts to assist such other party to secure a protective order or confidential treatment of such Confidential Information required to be disclosed.

Appears in 1 contract

Samples: License Agreement (Vanda Pharmaceuticals Inc.)

Litigation and Governmental Disclosure. Each party Party may disclose Confidential Information of the other party hereunder to the extent such disclosure is reasonably necessary (a) for prosecuting or defending litigation or litigation, complying with a court orderapplicable governmental regulations, apply for Regulatory Approval in the Territory, or applicable law, governmental regulations or investigation, and (b) in the case of Medicis as the receiving party to conduct pre-conducting pre- clinical or clinical trials of the New Producttrials, provided that if a party Party is required by court order, law or regulation to make any such disclosure of the other partyParty’s Confidential Information it will will, except where impractical for necessary disclosures, for example in the event of a medical emergency, give reasonable advance notice to the other party Party of such disclosure requirement and will use good faith efforts to assist such other party Party to secure a protective order or confidential treatment of such Confidential Information required to be disclosed.. 18.3

Appears in 1 contract

Samples: Supply and Manufacturing Agreement (Axogen, Inc.)

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Litigation and Governmental Disclosure. Each party may disclose Confidential Information of the other party hereunder to the extent such disclosure is reasonably necessary (a) for prosecuting or defending litigation or litigation, complying with a court order, or applicable lawlaws, governmental regulations or investigationcourt orders, and (b) in the case of Medicis as the receiving party to conduct or conducting pre-clinical or clinical trials of the New Producttrials, provided that if a party is required by court order, law or regulation to make any such disclosure of the other party’s 's Confidential Information it will will, except where impractical for necessary disclosures, for example in the event of a medical emergency, give reasonable advance notice to the other party of such disclosure requirement and will use good faith efforts to assist such other party to secure a protective order or confidential treatment of such Confidential Information required to be disclosed.. 18.5

Appears in 1 contract

Samples: Commercial Supply Agreement (Idec Pharmaceuticals Corp / De)

Litigation and Governmental Disclosure. Each party may disclose Confidential Information of the other party hereunder to the extent such disclosure is reasonably necessary (a) for prosecuting or defending litigation or litigation, complying with a court order, or applicable lawlaws, governmental regulations or investigationcourt orders, and (b) in the case of Medicis as the receiving party to conduct or conducting pre-clinical or clinical trials of the New Producttrials, provided that if a party is required by court order, law or regulation to make any such disclosure of the other party’s 's Confidential Information it will will, except where impractical for necessary disclosures, for example in the event of a medical emergency, give reasonable advance notice to the other party of such disclosure requirement and will use good faith efforts to assist such other party to secure a protective order or confidential treatment of such Confidential Information required to be disclosed.

Appears in 1 contract

Samples: Commercial Supply Agreement (Idec Pharmaceuticals Corp / De)

Litigation and Governmental Disclosure. Each party Notwithstanding the above obligations, a Party may disclose the Confidential Information of the other party Party to the extent such disclosure is reasonably necessary (a) for prosecuting or defending litigation or litigation, complying with a court orderapplicable governmental laws or regulations, or applicable law, governmental regulations or investigation, and (b) in the case of Medicis as the receiving party required to conduct pre-clinical or clinical trials of the New Productcomply with court orders, provided that if a party Party is required by court order, law or regulation to make any such disclosure of the other party’s Party's Confidential Information it will will, except where impractical for necessary disclosures, for example in the event of a medical emergency, give reasonable advance notice to the other party Party of such disclosure requirement and will use good faith efforts to assist such other party Party to secure a protective order or confidential treatment of such Confidential Information required to be disclosed.

Appears in 1 contract

Samples: Drug Product Production and Clinical Supply Agreement (Altus Pharmaceuticals Inc.)

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