Common use of Permitted Disclosure of Proprietary Information Clause in Contracts

Permitted Disclosure of Proprietary Information. Notwithstanding Section 9.1, a Party receiving Proprietary Information of another Party may disclose such Proprietary Information: (a) upon prior written approval of the other Party to governmental or other regulatory agencies in order to obtain patents pursuant to this Agreement, or to gain approval to conduct clinical trials or to market Product, but such disclosure may be only to the extent reasonably necessary to obtain such patents or authorizations and in accordance with the terms of this Agreement or as otherwise requested by the FDA; (b) by either Party to its agents, consultants or Affiliates for the Promotion of Product or to otherwise enable such Party to fulfill its obligations and responsibilities under this Agreement, on the condition that such Third Parties and its Affiliates agree to be bound by confidentiality obligations at least as restrictive as those in this Agreement; or (c) if required to be disclosed by law or court order, provided that notice is promptly delivered to the non-disclosing Party in order to provide an opportunity to challenge or limit the disclosure obligations.

Permitted Disclosure of Proprietary Information. Notwithstanding Section 9.17.1, a Party receiving Proprietary Information of another Party may disclose such Proprietary Information: (a) upon prior written approval of the other Party to governmental or other regulatory agencies in order to obtain patents pursuant to this Agreement, or to gain approval to conduct clinical trials Clinical Studies or to market Commercialize Licensed Product, but such disclosure may be only to the extent reasonably necessary to obtain such patents or authorizations and in accordance with the terms of this Agreement or as otherwise requested by the FDARegulatory Authorities; (b) by either Party to its agents, consultants consultants, sublicensees or Affiliates for in connection with the Promotion of Product Development or Commercialization, or to otherwise enable such the Party to fulfill its obligations and responsibilities under this Agreement, on the condition that such Third Parties and its Affiliates entities agree to be bound by confidentiality obligations at least as restrictive as those in consistent with this Agreement; or (c) if required to be disclosed by law Laws or court order, provided that provided, that, notice is promptly delivered to the non-disclosing Party in order to provide an opportunity to challenge or limit the disclosure obligations.