Common use of Nondisclosure of Agreement Clause in Contracts

Nondisclosure of Agreement. Neither party shall disclose any information about this Agreement, including its existence, without the prior written consent of the other. Consent shall not be required, however, for disclosures to tax authorities or to bona fide potential sublicensees, to the extent required or contemplated by this Agreement, provided, that in connection with such disclosure, each party agrees to use its commercially reasonable efforts to secure confidential treatment of such information. Each party shall have the further right to disclose the terms of this Agreement as required by applicable law, including the rules and regulations promulgated by the Securities and Exchange Commission and to disclose such information to shareholders or potential investors as is customary for publicly-held companies, provided the disclosing party provides to the other party a copy of the information to be disclosed and an opportunity to comment thereon prior to such disclosure and consults within a reasonable time in advance of the proposed disclosure with the other on the necessity for the disclosure and the text of the proposed release.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Ophidian Pharmaceuticals Inc), Stock Purchase Agreement (Ophidian Pharmaceuticals Inc), Stock Purchase Agreement (Ophidian Pharmaceuticals Inc)

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Nondisclosure of Agreement. Neither party shall disclose any information about this Agreement, including its existence, Agreement without the prior written consent of the other. Consent shall not be required, however, for disclosures to tax authorities or to bona fide potential sublicensees, to the extent required or contemplated by this Agreement, provided, that in connection with such disclosure, each party agrees to use its commercially reasonable efforts to secure confidential treatment of such information. Each party shall have the further right to disclose the terms of this Agreement as required by applicable law, including the rules and regulations promulgated by the Securities and Exchange Commission and to disclose such information to shareholders or potential investors as is customary for publicly-held companies, provided the disclosing party provides to the other party party, to the extent practicable, a copy of the information to be disclosed and an opportunity to comment thereon prior to such disclosure and disclosure, and, to the extent practicable, consults within a reasonable time in advance of the proposed disclosure with the other on the necessity for the disclosure and the text of the proposed release.

Appears in 1 contract

Samples: Research and Development Agreement (Vertex Pharmaceuticals Inc / Ma)

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