Mutual Confidentiality. Company and LIMR realize that certain information received by one party from the other pursuant to this Agreement shall be confidential. It is therefore agreed that any information received by one party from the other should be clearly designated in writing as “CONFIDENTIAL” at the time of transfer, shall not be disclosed by either party to any third party and shall not be used by either party for purposes other than those contemplated by this Agreement. Any information exchanged by the parties under this Agreement shall remain confidential for a period of three (3) years from the termination of the Agreement, unless or until — a. Said information shall become known to third parties not under any obligation of confidentiality to the disclosing party, or shall become publicly known through no fault of the receiving party, or b. Said information was already in the receiving party’s possession prior to the disclosure of said information to the receiving party, except in cases when the information has been covered by a preexisting Confidentiality Agreement, or c. Said information shall be subsequently disclosed to the receiving party, by a third party not under any obligation of confidentiality to the disclosing party, or d. Said information is approved for disclosure by prior written consent of the disclosing party, or e. Said information is required to be disclosed by court order or governmental law or regulation, provided that the receiving party gives the disclosing party prompt notice of any such requirement and cooperates with the disclosing party in attempting to limit such disclosure.
Appears in 3 contracts
Samples: License Agreement (Newlink Genetics Corp), License Agreement (Newlink Genetics Corp), License Agreement (Newlink Genetics Corp)
Mutual Confidentiality. Company and LIMR Dartmouth realize that certain some information received by one party from the other pursuant to this Agreement shall be confidential. It is therefore agreed that any information received by one party from the other should be other, and clearly designated in writing as “CONFIDENTIAL” at the time of transfer, shall not be disclosed by either the receiving party to any third party and shall not be used by either the receiving party for purposes other than those contemplated by this Agreement. Any information exchanged by the parties under this Agreement shall remain confidential for a period of three (3) years from the termination of the Agreement, unless or until until—
a. Said (a) said information shall become known to third parties not under any obligation of confidentiality to the disclosing party, or shall become publicly known through no fault of the receiving party, or
b. Said (b) said information was already in the receiving party’s possession prior to the disclosure of said information to the receiving party, except in cases when the information has been covered by a preexisting Confidentiality Agreement, . or
c. Said (c) said information shall be subsequently disclosed to the receiving party, party by a third party not under any obligation of confidentiality to the disclosing party, or
d. Said (d) said information is approved for disclosure by prior written consent of the disclosing party, or
e. Said (e) said information is required to be disclosed by court order or governmental govern- mental law or regulation, provided that the receiving party gives the disclosing party prompt notice of any such requirement and cooperates with the disclosing party in attempting to limit such disclosure.
Appears in 2 contracts
Samples: Exclusive License Agreement (Reata Pharmaceuticals Inc), Exclusive License Agreement (Reata Pharmaceuticals Inc)
Mutual Confidentiality. Company MASCOMA and LIMR Dartmouth realize that certain some information received by one party from the other pursuant to this Agreement shall be confidential. It is therefore agreed that any information received by one party from the other should be other, and clearly designated in writing as “CONFIDENTIAL” at the time of transfer, shall not be disclosed by either party to any third party and shall not be used by either party for purposes other than those contemplated by this Agreement. Any information exchanged by the parties under this Agreement shall remain confidential for a period of three (3) years from the termination of the Agreement, unless or until —
a. Said (a) said information shall become known to third parties not under any obligation of confidentiality to the disclosing party, or shall become publicly known through no fault of the receiving party, or
b. Said (b) said information was already in the receiving party’s possession prior to the disclosure of said information to the receiving party, except in cases when the information has been covered by a preexisting Confidentiality Agreementconfidentiality agreement, or
c. Said (c) said information shall be subsequently disclosed to the receiving party, party by a third party who is not under any obligation of confidentiality to the disclosing party, or
d. Said (d) said information is approved for disclosure by prior written consent of the disclosing party, or
e. Said (e) said information is independently developed by receiving party or its representatives entirely without reference to information received from the disclosing party and marked confidential, or
(f) said information is required to be disclosed by court order rule or governmental law or regulation, provided that the receiving party gives the disclosing party prompt notice of any such requirement and cooperates with the disclosing party in attempting to limit such disclosure.
Appears in 2 contracts
Samples: Sponsored Research Agreement (Mascoma Corp), Sponsored Research Agreement (Mascoma Corp)
Mutual Confidentiality. Company TDI and LIMR Dartmouth realize that certain some information received by one party from the other pursuant to this Agreement shall be confidential. It is therefore agreed that any information received by one party from the other should be other, and clearly designated in writing as “"CONFIDENTIAL” " at the time of transfer, shall not be disclosed by either party to any third party and shall not be used by either party for purposes other than those contemplated by this Agreement. Any information exchanged by the parties under this Agreement shall remain confidential for a period of three (3) years from the termination of the Agreement, unless or until —--
a. Said (a) said information shall become known to third parties not under any obligation of confidentiality to the disclosing party, or shall become publicly known through no fault of the receiving party, or
b. Said (b) said information was already in the receiving party’s 's possession prior to the disclosure of said information to the receiving party, except in cases when the information has been covered by a preexisting Confidentiality Agreement, or
c. Said (c) said information shall be subsequently disclosed to the receiving party, party by a third party not under any obligation of confidentiality to the disclosing party, or
d. Said (d) said information is approved for disclosure by prior written consent of the disclosing party, or
e. Said (e) said information is required to be disclosed by court order or governmental law or regulation, provided that the receiving party gives the disclosing party prompt notice of any such requirement and cooperates with the disclosing party in attempting to limit such disclosure.
Appears in 1 contract
Mutual Confidentiality. Company and LIMR its Affiliates and Dartmouth realize that certain some information received by one party Company or its Affiliates from Dartmouth, or received by Dartmouth from the other Company or its Affiliates pursuant to this Agreement shall be confidential. confidential (the entity receiving such confidential information referred to hereunder as "Recipient", and the disclosing entity referred to as "Discloser".) It is therefore agreed that any information received by one party Recipient from the other should be other, and clearly designated in writing as “"CONFIDENTIAL” " at the time of transfer, shall not be disclosed by either party a Recipient to any third party and shall not be used by either party a Recipient for purposes other than those contemplated by this Agreement. Any information exchanged by the parties under this Agreement shall remain confidential for a period of three [***] (3[***]) years from the termination of the Agreement, unless or until —-- 763916 1 268719670 v1
a. Said (a) said information shall become known to third parties not under any obligation of confidentiality to the disclosing partyDiscloser, or shall become publicly known through no fault of the receiving partyRecipient, or
b. Said (b) said information was already in the receiving party’s Recipient's possession prior to the disclosure of said information to the receiving partyRecipient, except in cases when the information has been covered by a preexisting Confidentiality Agreement, or
c. Said (c) said information shall be subsequently disclosed to the receiving party, Recipient by a third party not under any obligation of confidentiality to the disclosing partyDiscloser, or
d. Said (d) said information is approved for disclosure by prior written consent of the disclosing partyDiscloser, or
e. Said (e) said information is required to be disclosed by court order or governmental law or regulation, provided that the receiving party Recipient gives the disclosing party Discloser prompt notice of any such requirement and cooperates with the disclosing party Discloser in attempting to limit such disclosure.
Appears in 1 contract
Mutual Confidentiality. Company and LIMR Dartmouth realize that certain some information received by one party from the other pursuant to this Agreement shall be confidential. It is therefore agreed that any information received by one party from the other should be other, and clearly designated in writing as “"CONFIDENTIAL” " at the time of transfer, shall not be disclosed by either party to any third party and shall not be used by either party for purposes other than those contemplated by this Agreement. Any information exchanged by the parties under this Agreement shall remain confidential for a period of three (3) years from the termination of the Agreement, unless or until —--
a. Said (a) said information shall become known to third parties not under any obligation of confidentiality to the disclosing party, or shall become publicly known through no fault of the receiving party, or
b. Said (b) said information was already in the receiving party’s 's possession prior to the disclosure of said information to the receiving party, except in cases when the information has been covered by a preexisting Confidentiality Agreement, or
c. Said (c) said information shall be subsequently disclosed to the receiving party, party by a third party not under any obligation of confidentiality to the disclosing party, or
d. Said (d) said information is approved for disclosure by prior written consent of the disclosing party, or
e. Said (e) said information is required to be disclosed by court order or governmental govern- mental law or regulation, provided that the receiving party gives the disclosing party prompt notice of any such requirement and cooperates with the disclosing party in attempting to limit such disclosure.
Appears in 1 contract
Samples: Exclusive License Agreement
Mutual Confidentiality. Company and LIMR Dartmouth realize that certain some information received by one party from the other pursuant to this Agreement shall be confidential. It is therefore agreed that any information received by one party from the other should be other, and clearly designated in writing as “"CONFIDENTIAL” " at the time of transfer, shall not be disclosed by either party to any third party and shall not be used by either party for purposes other than those contemplated by this Agreement. Any information exchanged by the parties under this Agreement shall remain confidential for a period of three (3) years from the termination of the Agreement, unless or until —--
a. Said (a) said information shall become known to third parties not under any obligation of confidentiality to the disclosing party, or shall become publicly known through no fault of the receiving party, or
b. Said (b) said information was already in the receiving party’s 's possession prior to the disclosure of said information to the receiving party, except in cases when the information has been covered by a preexisting Confidentiality Agreement, or
c. Said (c) said information shall be subsequently disclosed to the receiving party, party by a third party not under any obligation of confidentiality to the disclosing party, or
d. Said (d) said information is approved for disclosure by prior written consent of the disclosing party, or
e. Said (e) said information is required to be disclosed by court order or governmental governmental law or regulation, provided that the receiving party party, gives the disclosing party prompt notice of any such requirement and cooperates with the disclosing party in attempting to limit such disclosure.
Appears in 1 contract
Mutual Confidentiality. Company and LIMR Dartmouth realize that certain some information received by one party from the other pursuant to this Agreement shall be confidential. It is therefore agreed that any information received by one party from the other should be other, and clearly designated in writing as “"CONFIDENTIAL” " at the time of transfer, shall not be disclosed by either party to any third party and shall not be used by either party for purposes other than those contemplated by this Agreement. Any information exchanged by the parties under this Agreement shall remain confidential for a period of three (3) years from the termination of the Agreement, unless or until —
a. Said -- (a) said information shall become known to third parties not under any obligation of confidentiality to the disclosing party, or shall become publicly known through no fault of the receiving party, or
b. Said or (b) said information was already in the receiving party’s 's possession prior to the disclosure of said information to the receiving party, except in cases when the information has been covered by a preexisting Confidentiality Agreement, or
c. Said or (c) said information shall be subsequently disclosed to the receiving party, party by a third party not under any obligation of confidentiality to the disclosing party, or
d. Said or (d) said information is approved for disclosure by prior written consent of the disclosing party, or
e. Said or (e) said information is required to be disclosed by court order or governmental governmental law or regulation, provided that the receiving party gives the disclosing party prompt notice of any such requirement and cooperates with the disclosing party in attempting to limit such disclosure.
Appears in 1 contract
Samples: Exclusive License Agreement
Mutual Confidentiality. Company LEVPHARMA and LIMR SANQUIN realize that certain some information received by one party from the other pursuant to this Agreement shall be confidential. It is therefore agreed that any information received by one party from the other should be other, and clearly designated in writing as “"CONFIDENTIAL” " at the time of transfer, shall not be disclosed by either party to any third party and shall not be used by either party for purposes other than those contemplated by this Agreement. Any information exchanged by the parties under this Agreement shall remain confidential for a period of three (3) years from the termination of the Agreement, unless or until —--
a. Said (a) said information shall become known to third parties not under any obligation of confidentiality to the disclosing party, or shall become publicly known through no fault of the receiving party, or
b. Said (b) said information was already in the receiving party’s 's possession prior to the disclosure of said information to the receiving party, except in cases when the information has been covered by a preexisting Confidentiality Agreement, or
c. Said (c) said information shall be subsequently disclosed to the receiving party, party by a third party not under any obligation of confidentiality to the disclosing party, or
d. Said (d) said information is approved for disclosure by prior written consent of the disclosing party, or
e. Said (e) said information is required to be disclosed by court order or governmental law or regulation, provided that the receiving party gives the disclosing party prompt notice of any such requirement and cooperates with the disclosing party in attempting to limit such disclosure.
Appears in 1 contract
Samples: Exclusive License Agreement (Lev Pharmaceuticals Inc)
Mutual Confidentiality. Company PhytoMedical and LIMR Dartmouth realize that certain some information received by one party from the other pursuant to this Agreement shall be confidential. It is therefore agreed that any information received by one party from the other should be other, and clearly designated in writing as “"CONFIDENTIAL” " at the time of transfer, shall not be disclosed by either party to any third party and shall not be used by either party for purposes other than those contemplated by this Agreement. Any information exchanged by the parties under this Agreement shall remain confidential for a period of three (3) years from the termination of the Agreement, unless or until —--
a. Said (a) said information shall become known to third parties not under any obligation of confidentiality to the disclosing party, or shall become publicly known through no fault of the receiving party, or
b. Said (b) said information was already in the receiving party’s 's possession prior to the disclosure of said information to the receiving party, except in cases when the information has been covered by a preexisting Confidentiality Agreement, or
c. Said (c) said information shall be subsequently disclosed to the receiving party, party by a third party not under any obligation of confidentiality to the disclosing party, or
d. Said (d) said information is approved for disclosure by prior written consent of the disclosing party, or
e. Said (e) said information is required to be disclosed by court order or governmental governmental law or regulation, provided that the receiving party gives the disclosing party prompt notice of any such requirement and cooperates with the disclosing party in attempting to limit such disclosure, or
(f) said information is proven independently developed by the receiving party without recourse or access to the information.
Appears in 1 contract
Samples: Exclusive License Agreement (Phytomedical Technologies Inc)
Mutual Confidentiality. Company and LIMR Dartmouth realize that certain some information received by one party from the other pursuant to this Agreement shall be confidential. It is therefore agreed that any information received by one party from the other should be other, and clearly designated in writing as “CONFIDENTIAL” at the time of transfer, shall not be disclosed by either party to any third party and shall not be used by either party for purposes other than those contemplated by this Agreement. Any information exchanged by the parties under this Agreement shall remain confidential for a period of three (3) years from the termination of the Agreement, unless or until —
a. Said (a) said information shall become known to third parties not under any obligation of confidentiality to the disclosing party, or shall become publicly known through no fault of the receiving party, or
b. Said (b) said information was already in the receiving party’s possession prior to the disclosure of said information to the receiving party, except in cases when the information has been covered by a preexisting Confidentiality Agreement, or
c. Said (c) said information shall be subsequently disclosed to the receiving party, party by a third party not under any obligation of confidentiality to the disclosing party, or
d. Said (d) said information is approved for disclosure by prior written consent of the disclosing party, or
e. Said (e) said information is required to be disclosed by court order or governmental law or regulation, provided that the receiving party gives the disclosing party prompt notice of any such requirement and cooperates with the disclosing party in attempting to limit such disclosure.
Appears in 1 contract
Samples: Exclusive License Agreement
Mutual Confidentiality. Company PhytoMedical and LIMR Dartmouth realize that certain some information received by one party from the other pursuant to this Agreement shall be confidential. It is therefore agreed that any information received by one party from the other should be other, and clearly designated in writing as “"CONFIDENTIAL” " at the time of transfer, shall not be disclosed by either party to any third party and shall not be used by either party for purposes other than those contemplated by this Agreement. Any information exchanged by the parties under this Agreement shall remain confidential for a period of three (3) years from the termination of the Agreement, unless or until —--
a. Said (a) said information shall become known to third parties not under any obligation of confidentiality to the disclosing party, or shall become publicly known through no fault of the receiving party, or
b. Said (b) said information was already in the receiving party’s 's possession prior to the disclosure of said information to the receiving party, except in cases when the information has been covered by a preexisting Confidentiality Agreement, or
c. Said (c) said information shall be subsequently disclosed to the receiving party, party by a third party not under any obligation of confidentiality to the disclosing party, or
d. Said (d) said information is approved for disclosure by prior written consent of the disclosing party, or
e. Said (e) said information is required to be disclosed by court order or governmental law or regulation, provided that the receiving party gives the disclosing party prompt notice of any such requirement and cooperates with the disclosing party in attempting to limit such disclosure, or
(f) said information is proven independently developed by the receiving party without recourse or access to the information.
Appears in 1 contract
Samples: Exclusive License Agreement (Phytomedical Technologies Inc)
Mutual Confidentiality. Company and LIMR Dartmouth realize that certain some information received by one party from the other pursuant to this Agreement shall be confidential. It is therefore agreed that any information received by one party from the other should be other, and clearly designated in writing as “"CONFIDENTIAL” " at the time of transfer, shall not be disclosed by either party to any third party and shall not be used by either party for purposes other than those contemplated by this Agreement. Any information exchanged by the parties under this Agreement shall remain confidential for a period of three (3) years from the termination of the Agreement, unless or until —--
a. Said (a) said information shall become known to third parties not under any obligation of confidentiality to the disclosing party, or shall become publicly known through no fault of the receiving party, or
b. Said (b) said information was already in the receiving party’s 's possession prior to the disclosure of said information to the receiving party, except in cases when the information has been covered by a preexisting Confidentiality Agreement, or
c. Said (c) said information shall be subsequently disclosed to the receiving party, party by a third party not under any obligation of confidentiality to the disclosing party, or
d. Said (d) said information is approved for disclosure by prior written consent of the disclosing party, or
e. Said (e) said information is required to be disclosed by court order or governmental governmental law or regulation, provided that the receiving party gives the disclosing party prompt notice of any such requirement and cooperates with the disclosing party in attempting to limit such disclosure.
Appears in 1 contract
Mutual Confidentiality. Company and LIMR Dartmouth realize that certain some information received by one party from the other pursuant to this Agreement shall be confidential. It is therefore agreed that any information received by one party from the other should be other, and clearly designated in writing as “"CONFIDENTIAL” " at the time of transfer, shall not be disclosed by either party to any third party and shall not be used by either party for purposes other than those contemplated by this Agreement. Any information exchanged by the parties under this Agreement shall remain confidential for a period of three (3) years from the termination of the Agreement, unless or until —--
a. Said (a) said information shall become known to third parties not under any obligation of confidentiality to the disclosing party, or shall become publicly known through no fault of the receiving party, or
b. Said (b) said information was already in the receiving party’s 's possession prior to the disclosure of said information to the receiving party, except in cases when the information has been covered by a preexisting Confidentiality Agreement, or
c. Said (c) said information shall be subsequently disclosed to the receiving party, party by a third party not under any obligation of confidentiality to the disclosing party, or
d. Said (d) said information is approved for disclosure by prior written consent of the disclosing party, or
e. Said (e) said information is required to be disclosed by court order or governmental law or regulation, provided that the receiving party gives the disclosing party prompt notice of any such requirement and cooperates with the disclosing party in attempting to limit such disclosure.
Appears in 1 contract