Common use of Notwithstanding the foregoing Clause in Contracts

Notwithstanding the foregoing. a. The Parties may agree upon the content and timing of a joint press release announcing this Agreement. Neither Party shall issue any other public announcement, press release, or other public disclosure regarding this Agreement or its subject matter without the other Party’s prior written consent, except for any such disclosure that is, in the opinion of the disclosing Party’s counsel, required by Applicable Law or the rules of a stock exchange on which the securities of the disclosing Party are listed. Each Party may repeat any information relating to this Agreement that has already been publicly disclosed in accordance with this Section 10.3a, provided, that such information continues as of such time to be accurate. In the event a Party is required by Applicable Law or the rules of a stock exchange on which its securities are listed to make such a public disclosure, such Party shall submit the proposed disclosure in writing to the other Party as far in advance as reasonably practicable (and, if permissible, in no event less than [***] Business Days prior to the anticipated date of disclosure) so as to provide a reasonable opportunity to comment thereon. b. Context, its Affiliates and their Sublicensees shall have the right to publicly disclose research, development and commercial information (including with respect to regulatory matters) regarding a Program Product by publication, presentation or otherwise, provided, that, except as required by Applicable Law, neither Party shall use the name of the other Party (or insignia, or any contraction, abbreviation or adaptation thereof) without such Party’s prior written permission, other than if such reference is consistent with or similar to previous such references. c. Each Party may disclose Confidential Information of the other Party to the extent that such disclosure is: (i) in the reasonable opinion of the receiving Party’s legal counsel, required to be disclosed pursuant to law, regulation or a valid order of a court of competent jurisdiction or other supra-national, federal, national, regional, state, provincial and local governmental body of competent jurisdiction; provided, that the receiving Party shall first have given prompt written notice (and to the extent possible, at least [***] Business Days’ notice) to the disclosing Party and given the disclosing Party a reasonable opportunity to take whatever action it deems necessary to protect its Confidential Information (e.g. to obtain a protective order or confidential treatment) and that such disclosure is limited to that which is legally required to be disclosed; (ii) made by or on behalf of the receiving Party to the Regulatory Authorities as required in connection with any filing, application or request for any Regulatory Approval in accordance with the terms of this Agreement; provided, that reasonable measures shall be taken to ensure confidential treatment of such Confidential Information to the extent practicable and consistent with Applicable Law; (iii) made to the extent such disclosure is reasonably necessary for the prosecution and maintenance of Patents as permitted by this Agreement; EXECUTION VERSION (iv) for regulatory filings for Program Products that such Party has a license or right to develop hereunder in a given country or jurisdiction, provided that reasonable measures shall be taken to assure confidential treatment of such Confidential Information to the extent practicable and consistent with applicable Law; (v) made to the extent such disclosure is reasonably necessary for prosecuting or defending litigation as permitted by this Agreement; or (vi) made by the receiving Party or its Affiliates to potential or actual investors or acquirers as may be necessary in connection with their evaluation of such potential or actual investment or acquisition; provided that such persons shall be subject to obligations of confidentiality and non-use with respect to such Confidential Information substantially similar to the obligations of confidentiality and non-use of the receiving Party pursuant to this Section 10.

Notwithstanding the foregoing. a. The Parties may agree upon the content and timing of a joint press release announcing this Agreement, the release of which press release the Parties shall coordinate. Neither Party shall issue any other public announcement, press release, or other public disclosure regarding this Agreement or its subject matter without the other Party’s prior written consent, except for any such disclosure that is, in the opinion of the disclosing Party’s counsel, required by Applicable Law or the rules of a stock exchange on which the securities of the disclosing Party are listed. Each Party may repeat any information relating to this Agreement that has already been publicly disclosed in accordance with this Section 10.3a, provided, that such information continues as of such time to be accurate. In the event a Party is is, in the opinion of its counsel, required by Applicable Law or the rules of a stock exchange on which its securities are listed to make such a public disclosure, such Party shall submit the proposed disclosure in writing to the other Party as far in advance as reasonably practicable (and, if permissible, in no event less than [***] three (3) Business Days prior to the anticipated date of disclosure) so as to provide a reasonable opportunity to comment thereon. b. ContextExcept as expressly provided herein or as required by Applicable Law, legal process, or stock exchange rule, neither Party shall mention or otherwise use the name of the other, its Affiliates or Sublicensees in any publication, press release, marketing or promotional material, or other form of publicity without the prior written approval of such other Party in each instance. c. Biodexa, its Affiliates and their Sublicensees shall have the right to publicly disclose research, development and commercial information (including with respect to regulatory matters) regarding a Program the Product by publication, presentation or otherwise, provided, thatthat (a) such disclosure is subject to the provisions of this Section 11 with respect to Emtora’s Confidential Information, and (b) except as required by Applicable Law, neither Party Biodexa shall not use the name of the other Party Emtora (or insignia, or any contraction, abbreviation or adaptation thereof) without such PartyEmtora’s prior written permission, other than if such reference is consistent with or similar to previous such references. c. d. Each Party may disclose Confidential Information of the other Party to the extent that such disclosure is: (i) in the reasonable opinion of the receiving Party’s legal counsel, required to be disclosed pursuant to law, regulation or a valid order of a court of competent jurisdiction or other supra-national, federal, national, regional, state, provincial and local governmental body of competent jurisdiction; provided, that the receiving Party shall first have given prompt written notice (and to the extent possible, at least [***] five (5) Business Days’ notice) to the disclosing Party and given the disclosing Party a reasonable opportunity to take whatever action it deems necessary to protect its Confidential Information (e.g. to obtain a protective order or confidential treatment) and that such disclosure is limited to that which is legally required to be disclosed; (ii) made by or on behalf of the receiving Party to the Regulatory Authorities as required in connection with any filing, application or request for any Regulatory Approval in accordance with the terms of this Agreement; provided, that reasonable measures shall be taken to ensure confidential treatment of such Confidential Information to the extent practicable and consistent with Applicable Law; (iii) made to the extent such disclosure is reasonably necessary for the prosecution and maintenance of Patents as permitted by this Agreement; EXECUTION VERSION (iv) for regulatory filings for Program Products that such Party has a license or right to develop hereunder in a given country or jurisdiction, provided that reasonable measures shall be taken to assure confidential treatment of such Confidential Information to the extent practicable and consistent with applicable Law; (v) made to the extent such disclosure is reasonably necessary for prosecuting or defending litigation as permitted by this Agreement; or (viiii) made by the receiving Party or its Affiliates to potential or actual investors or acquirers as may be necessary in connection with their evaluation of such potential or actual investment or acquisition; provided that such persons shall be subject to obligations of confidentiality and non-use with respect to such Confidential Information substantially similar to the obligations of confidentiality and non-use of the receiving Party pursuant to this Section 1011. Emtora shall have the right to disclose the terms of this Agreement to The University of Texas Health Science Center at San Antonio.

Notwithstanding the foregoing. a. The Parties may agree upon Section 7.1 shall not apply to: (i) information which an Equityholder learns from a third party having the content and timing of a joint press release announcing this Agreement. Neither Party shall issue right to make the disclosure, provided the Equityholder complies with any other public announcement, press release, or other public disclosure regarding this Agreement or its subject matter without restrictions imposed by the other Party’s prior written consent, except for any such disclosure that is, third party; (ii) information which is in the opinion of the disclosing PartyEquityholder’s counsel, required by Applicable Law or the rules of a stock exchange on which the securities of the disclosing Party are listed. Each Party may repeat any information relating to this Agreement that has already been publicly disclosed in accordance with this Section 10.3a, provided, that such information continues as of such time to be accurate. In the event a Party is required by Applicable Law or the rules of a stock exchange on which its securities are listed to make such a public disclosure, such Party shall submit the proposed disclosure in writing to the other Party as far in advance as reasonably practicable (and, if permissible, in no event less than [***] Business Days possession prior to the anticipated date time of disclosuredisclosure by the Company and not acquired by the Shareholder under a confidentiality obligation; (iii) so as to provide a reasonable opportunity to comment thereon. b. Context, information which the Equityholder or its Affiliates and their Sublicensees shall have the right to publicly disclose research, development and commercial information (including with respect to regulatory matters) regarding a Program Product by publication, presentation or otherwise, provided, that, except as required by Applicable Law, neither Party shall use the name of the other Party (or insignia, or any contraction, abbreviation or adaptation thereof) without such Party’s prior written permission, other than if such reference affiliate is consistent with or similar to previous such references. c. Each Party may disclose Confidential Information of the other Party to the extent that such disclosure is: (i) in the reasonable opinion of the receiving Party’s legal counsel, required to be disclosed pursuant to law, regulation disclose by law or a valid order of a court of competent jurisdiction governmental or other supra-nationalregulatory authority (which, federal, national, regional, state, provincial and local governmental body of competent jurisdiction; provided, that for the receiving Party shall first have given prompt written notice (and to the extent possible, at least [***] Business Days’ notice) to the disclosing Party and given the disclosing Party a reasonable opportunity to take whatever action it deems necessary to protect its Confidential Information (e.g. to obtain a protective order or confidential treatment) and that such disclosure is limited to that which is legally required to be disclosed; (ii) made by or on behalf of the receiving Party to the Regulatory Authorities as required in connection with any filing, application or request for any Regulatory Approval in accordance with the terms purposes of this Agreement; provided, that reasonable measures shall be taken deemed to ensure include disclosure by an Equityholder or its affiliate of the nature of such Equityholder’s or its affiliate’s investment in filings and submissions with the United States Securities and Exchange Commission and the securities regulatory agencies of other applicable jurisdictions); or (iv) information which the Equityholder is required to disclose by court order or other legal process. With respect to a disclosure required by law, any governmental or regulatory authority or pursuant to a court order or other legal process, prior to making such disclosure, an Equityholder shall (a) use all reasonable efforts to limit the scope of such disclosure and to request and pursue confidential treatment of such Confidential Information disclosure to the extent available and (b) unless prohibited or restricted by law, a governmental or regulatory authority or pursuant to a court order or other legal process, notify the Company of the pending disclosure as soon as practicable so that the Company may seek appropriate redress. If the Company reasonably believes that an Equityholder has not satisfied clause (a) of the preceding sentence, and consistent with Applicable Law; (iiithe Company notifies the Equityholder in writing of such belief, the Equityholder shall take such action(s) made requested by the Company in writing, subject to the extent such disclosure following conditions: (A) the action requested by the Company is contemplated by clause (a) of the preceding sentence; (B) between the Company and the Equityholder, the Equityholder is the only party that is in the position to take the actions requested by the Company under the applicable laws, rules or regulations; (C) at the request of the Equityholder, the Company shall provide an indemnity reasonably necessary for the prosecution and maintenance of Patents as permitted by this Agreement; EXECUTION VERSION (iv) for regulatory filings for Program Products that such Party has a license or right to develop hereunder in a given country or jurisdiction, provided that reasonable measures shall be taken to assure confidential treatment of such Confidential Information satisfactory to the extent practicable Equityholder; and consistent with applicable Law; (vD) made to the extent such disclosure is reasonably necessary for prosecuting or defending litigation as permitted by this Agreement; or (vi) made taking of the actions requested by the receiving Party Company will not subject the Equityholder, if acting in good faith, to any known sanctions from any legal, government or regulatory authority or court of law, or under applicable law, whether arising from or as a result of the Equityholder taking such actions. Nothing contained herein is intended to limit or restrict the ability of the Investor and its Affiliates to potential or actual investors or acquirers as may be necessary in connection with their evaluation of such potential or actual investment or acquisition; provided that such persons shall be subject to obligations of confidentiality and non-use affiliates with respect to such Confidential Information substantially similar their filings with the United States Securities and Exchange Commission or to the obligations of confidentiality and non-use of the receiving Party pursuant to this Section 10make required disclosure therein.

Notwithstanding the foregoing. a. The Parties may agree upon the content and timing of a joint press release announcing this Agreement. Neither Party shall issue any other public announcement, press release, or other public disclosure regarding this Agreement or its subject matter without the other Party’s prior written consent, except for any such disclosure that is, in the opinion of the disclosing Party’s counsel, required by Applicable Law or the rules of a stock exchange on which the securities of the disclosing Party are listed. Each Party may repeat any information relating to this Agreement that has already been publicly disclosed in accordance with this Section 10.3a, provided, that such information continues as of such time to be accurate. In the event a Party is required by Applicable Law or the rules of a stock exchange on which its securities are listed to make such a public disclosure, such Party shall submit the proposed disclosure in writing to the other Party as far in advance as reasonably practicable (and, if permissible, in no event less than [***] Business Days prior to the anticipated date of disclosure) so as to provide a reasonable opportunity to comment thereon. b. Context, its Affiliates and their Sublicensees shall have the right to publicly disclose research, development and commercial information (including with respect to regulatory matters) regarding a Program Product by publication, presentation or otherwise, provided, that, except as required by Applicable Law, neither Party shall use the name of the other Party (or insignia, or any contraction, abbreviation or adaptation thereof) without such Party’s prior written permission, other than if such reference is consistent with or similar to previous such references. c. Each Party may disclose Confidential Information of the other Party to the extent that such disclosure is: (i) in the reasonable opinion of the receiving Party’s legal counsel, required to be disclosed pursuant to law, regulation or a valid order of a court of competent jurisdiction or other supra-national, federal, national, regional, state, provincial and local governmental body of competent jurisdiction; provided, that the receiving Party shall first have given prompt written notice (and to the extent possible, at least [***] Business Days’ notice) to the disclosing Party and given the disclosing Party a reasonable opportunity to take whatever action it deems necessary to protect its Confidential Information (e.g. to obtain a protective order or confidential treatment) and that such disclosure is limited to that which is legally required to be disclosed; (ii) made by or on behalf of the receiving Party to the Regulatory Authorities as required in connection with any filing, application or request for any Regulatory Approval in accordance with the terms of this Agreement; provided, that reasonable measures shall be taken to ensure confidential treatment of such Confidential Information to the extent practicable and consistent with Applicable Law; ; (iii) made to the extent such disclosure is reasonably necessary for the prosecution and maintenance of Patents as permitted by this Agreement; EXECUTION VERSION (iv) for regulatory filings for Program Products that such Party has a license or right to develop hereunder in a given country or jurisdiction, provided that reasonable measures shall be taken to assure confidential treatment of such Confidential Information to the extent practicable and consistent with applicable Law; (v) made to the extent such disclosure is reasonably necessary for prosecuting or defending litigation as permitted by this Agreement; or (vi) made by the receiving Party or its Affiliates to potential or actual investors or acquirers as may be necessary in connection with their evaluation of such potential or actual investment or acquisition; provided that such persons shall be subject to obligations of confidentiality and non-use with respect to such Confidential Information substantially similar to the obligations of confidentiality and non-use of the receiving Party pursuant to this Section 10.