Common use of Press Release; Disclosure of Agreement Clause in Contracts

Press Release; Disclosure of Agreement. 11.3.1 On or promptly after the Effective Date, the Parties shall jointly issue a press release of the execution of this Agreement in the form mutually agreed by the Parties. Subject to Sections 11.3.2 and 11.4, neither Party may issue any subsequent press release or other public disclosure regarding this Agreement or its terms or the Parties’ activities hereunder, or any results or data arising hereunder, except (a) with the other Party’s prior consent, or (b) for any disclosure that is reasonably necessary in that Party’s sole discretion to comply with applicable securities exchange listing requirements or other applicable Laws. Each Party shall provide to the other Party a copy of any public announcement regarding this Agreement or the subject matter hereof (including any filing with the United States Securities and Exchange Commission (or any stock exchange, including Nasdaq, or any similar regulatory agency in any country other than the United States)), as practicable under the circumstances, reasonably prior to its scheduled release. Each Party shall have the right to expeditiously review and recommend changes to any such announcement, and, except as otherwise required by securities exchange listing requirements or applicable Law, the Party whose announcement has been reviewed shall remove any Confidential Information of the reviewing Party that the reviewing Party reasonably deems to be inappropriate for disclosure and shall give due consideration to any reasonable comments by the reviewing Party relating to such announcement, including the provisions of this Agreement for which confidential treatment should be sought. At the request of either Party, the other Party will reasonably consider in good faith whether a press release or other public disclosure described in this Section 11.3.1 should be a joint release by both Parties and, in such a case, the Parties will use good faith efforts to mutually agree on the content of any such joint release. Notwithstanding the foregoing, to the extent information regarding this Agreement has already been publicly disclosed, each Party (other than a Party that had caused such information to become publicly disclosed in breach of this ARTICLE 11) may subsequently disclose the same information to the public without the consent of the other Party.

Press Release; Disclosure of Agreement. 11.3.1 On or promptly after the Effective Date, the Parties shall individually or jointly issue a press release public announcement of the execution of this Agreement in form and substance substantially as set forth on Exhibit G. Except to the form mutually agreed by the Parties. Subject to Sections 11.3.2 and 11.4, neither Party may issue any subsequent press release or other public disclosure regarding this Agreement or its terms or the Parties’ activities hereunder, or any results or data arising hereunder, except (a) with the other Party’s prior consent, or (b) for any disclosure that is reasonably necessary in that Party’s sole discretion extent required to comply with applicable securities exchange listing requirements law, regulation, rule or legal process or as otherwise permitted in accordance with this Section 9.3, neither Party nor such Party’s Affiliates or Parent Companies shall make any public announcements, press releases or other applicable Laws. Each Party shall provide to public disclosures concerning this Agreement, the other Party a copy of any public announcement regarding this Side Agreement or the Convertible Promissory Note, or the terms or the subject matter hereof or thereof, without the prior written consent of the other, which shall not be unreasonably withheld. Notwithstanding the foregoing, (a) each Commercializing Party, its Affiliates and Parent Companies may, without the other Party’s approval, make disclosures pertaining solely to its Royalty-Bearing Products, provided, however, that the Commercializing Party will immediately notify (and provide as much advance notice as possible to) the other Party of any event materially related to such other Party’s Royalty-Bearing Products (including any filing with Regulatory Approval) so that the United States Securities and Exchange Commission Parties may analyze the need for or desirability of publicly disclosing or reporting such event, any press release or other similar public communication by any Party related to efficacy or safety data and/or results of a Royalty-Bearing Product will be submitted to the other Party for review at least [***] Business Days (or any stock exchangeto the extent permitted by law) in advance of such proposed public disclosure, including Nasdaq, or any similar regulatory agency in any country the other than the United States)), as practicable under the circumstances, reasonably prior to its scheduled release. Each Party shall have the right to expeditiously review and recommend changes to any such announcement, and, except as otherwise required by securities exchange listing requirements or applicable Law, communication and the Party whose announcement communication has been reviewed shall remove in good faith consider any Confidential Information of the reviewing Party changes that the reviewing Party reasonably deems to be inappropriate for disclosure and shall give due consideration to any reasonable comments are timely recommended by the reviewing Party relating to such announcement, including the provisions of this Agreement for which confidential treatment should be sought. At the request of either Party, the other Party will reasonably consider in good faith whether a press release or other public disclosure described in this Section 11.3.1 should be a joint release by both Parties and, in such a case, the Parties will use good faith efforts to mutually agree on the content of any such joint release. Notwithstanding the foregoing, and (b) to the extent information regarding this Agreement has already been publicly disclosed, each either Party (other than a Party that had caused such information to become publicly disclosed in breach of this ARTICLE 11or its Affiliates or the Parent Companies) may subsequently disclose the same information to the public without the consent of the other Party. In addition, GSK understands that Regulus is a private company, and that Regulus may disclose the financial terms of this Agreement, the Side Agreement or the Convertible Promissory Note to potential, bona fide investors and investment bankers, in each case, where practicable, under confidentiality provisions similar to and no less restrictive than those of this Agreement. Each Party shall give the other Party a reasonable opportunity (to the extent consistent with law) to review all material filings with the SEC describing the terms of this Agreement, the Side Agreement or the Convertible Promissory Note prior to submission of such filings, and shall give due consideration to any reasonable comments by the non-filing Party relating to such filing, including without limitation the provisions of this Agreement, the Side Agreement or the Convertible Promissory Note for which confidential treatment should be sought.

Press Release; Disclosure of Agreement. 11.3.1 On Anacor shall have the right to make an 8-K filing with the Securities and Exchange Commission substantially in the form attached as Exhibit 7 on or promptly after the Effective Date, . Anacor shall have the Parties shall jointly issue right to make a press release public announcement of the execution of this Agreement substantially in the form mutually agreed by of the Partiespress release attached as Exhibit 8 on or after the Effective Date. Subject Neither Party shall be free to Sections 11.3.2 and 11.4, neither Party may issue any subsequent other press release or other public disclosure regarding this the Agreement or its terms or the Parties’ activities hereunder, or any results or data arising hereunder, except (a) with the other Party’s prior written consent, or (b) for any disclosure that is reasonably except as necessary in that Party’s sole discretion to comply with all applicable national securities exchange listing requirements or laws, rules or regulations. The Parties agree to consult with each other applicable Laws. Each reasonably and in good faith, and each Party shall provide reasonably consider the other Party’s comments, with respect to the other Party a copy text and timing of any such press releases or other public announcement regarding disclosure prior to the issuance thereof. Except as otherwise permitted in accordance with this Section 9.3, neither Party shall make any public announcements concerning this Agreement or the subject matter hereof (including without the prior written consent of the other. The principles to be observed by Anacor and Medicis in any filing such permitted public disclosures with respect to this Agreement shall be: accuracy and completeness, the requirements of confidentiality under this Article 9, and the normal business practice in the pharmaceutical and biotechnology industries for disclosures by companies comparable to Anacor and Medicis. Notwithstanding the foregoing, to the extent Information regarding this Agreement has already been publicly disclosed other than through any act or omission of a Party in breach of this Agreement, either Party may subsequently disclose the same Information to the public without the consent of the other Party. Each Party shall be permitted to disclose the terms of this Agreement, in each case under appropriate confidentiality provisions substantially equivalent to those of this Agreement, to any actual or potential acquirers, merger partners, and professional advisors. Each Party shall give the other Party a reasonable opportunity to review all filings with the United States Securities and Exchange Commission (or any stock exchangedescribing the terms of this Agreement [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, including NasdaqMARKED BY BRACKETS, or any similar regulatory agency in any country other than the United States))IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, as practicable under the circumstances, reasonably AS AMENDED. prior to its scheduled release. Each Party shall have the right to expeditiously review and recommend changes to any submission of such announcementfilings, and, except as otherwise required by securities exchange listing requirements or applicable Law, the Party whose announcement has been reviewed shall remove any Confidential Information of the reviewing Party that the reviewing Party reasonably deems to be inappropriate for disclosure and shall give due consideration to consider any reasonable comments by the reviewing non-filing Party relating to such announcementfiling, including the provisions of this Agreement for which confidential treatment should be sought. At the request of either Party, the other Party will reasonably consider in good faith whether a press release or other public disclosure described in this Section 11.3.1 should be a joint release by both Parties and, in such a case, the Parties will use good faith efforts to mutually agree on the content of any such joint release. Notwithstanding the foregoing, to the extent information regarding this Agreement has already been publicly disclosed, each Party (other than a Party that had caused such information to become publicly disclosed in breach of this ARTICLE 11) may subsequently disclose the same information to the public without the consent of the other Party.

Press Release; Disclosure of Agreement. 11.3.1 On or promptly after the Effective Date, the Parties shall jointly issue a press release public announcement of the execution of this Agreement in the form mutually agreed by the Parties. Subject attached hereto as Exhibit F. Neither Party shall be free to Sections 11.3.2 and 11.4, neither Party may issue any subsequent press release or other public disclosure regarding this the Agreement or its terms or the Parties’ activities hereunder, or any [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. results or data arising hereunder, except (a) with the other Party’s prior written consent, or (b) for any disclosure that is reasonably necessary in that Party’s sole discretion to comply with applicable national securities exchange listing requirements or laws, rules or regulations, with the other Party’s consent not to be unreasonably withheld or delayed beyond a time reasonably in advance of the required disclosure deadline necessary to comply with applicable Lawsnational securities exchange listing requirements or laws, rules or regulations. The Parties agree to consult with each other reasonably and in good faith with respect to the text and timing of any such press releases prior to the issuance thereof, and a Party may not unreasonably withhold consent to such releases. Except to the extent required by law or as otherwise permitted in accordance with this Section 9.3, neither Party shall make any public announcements concerning this Agreement or the subject matter hereof without the prior written consent of the other, which shall not be unreasonably withheld. Each Party shall agrees to provide to the other Party a copy of any public announcement regarding this Agreement or the subject matter hereof (including any filing with the United States Securities and Exchange Commission (or any stock exchange, including Nasdaq, or any similar regulatory agency in any country other than the United States)), thereof as soon as reasonably practicable under the circumstances prior to its scheduled release. Except under extraordinary circumstances, reasonably when the following notice may not be possible but in which event the press release will still be provided to the other Party for comment before release, each Party shall provide the other with an advance copy of any such announcements at least [ * ] prior to its scheduled release. Each Party shall have the right to expeditiously review and recommend changes to any such announcement, announcement and, except as otherwise required by securities exchange listing requirements laws, rules or applicable Lawregulations, the Party whose announcement has been reviewed shall remove any Confidential Information of the reviewing Party that the reviewing Party reasonably deems to be inappropriate for disclosure disclosure. The principles to be observed by Dynavax and shall give due consideration GSK in any such permitted public disclosures with respect to any reasonable comments by the reviewing Party relating to such announcement, including the provisions of this Agreement for which confidential treatment should be sought. At the request of either Partyshall be: accuracy and completeness, the other Party will reasonably consider requirements of confidentiality under this Article 9, and the normal business practice in good faith whether a press release or other public disclosure described in this Section 11.3.1 should be a joint release the pharmaceutical and biotechnology industries for disclosures by both Parties and, in such a case, the Parties will use good faith efforts companies comparable to mutually agree on the content of any such joint releaseDynavax and GSK. Notwithstanding the foregoing, to the extent information regarding this Agreement has already been publicly disclosed, each Party (other than a Party that had caused such information to become publicly disclosed in breach of this ARTICLE 11) the same context, either Party may subsequently disclose the same information to the public without the consent of the other Party. Each Party shall be permitted to disclose the terms of this Agreement, in each case under appropriate confidentiality provisions substantially equivalent to those of this Agreement, to any actual or potential acquirers, merger partners, and professional advisors. Each Party shall give the other Party a reasonable opportunity to review all filings with the United States Securities and Exchange Commission describing the terms of this Agreement prior to submission of such filings, and shall give due consideration to any reasonable comments by the non-filing Party relating to such filing, including without limitation the provisions of this Agreement for which confidential treatment should be sought.

Press Release; Disclosure of Agreement. 11.3.1 On or promptly after the Effective Date, the Parties shall will jointly issue a press release public announcement of the execution of this Agreement in form and substance substantially as set forth on SCHEDULE 11.3. Except to the form mutually agreed by the Parties. Subject to Sections 11.3.2 and 11.4, neither Party may issue any subsequent press release or other public disclosure regarding this Agreement or its terms or the Parties’ activities hereunder, or any results or data arising hereunder, except (a) with the other Party’s prior consent, or (b) for any disclosure that is reasonably necessary in that Party’s sole discretion extent required to comply with applicable securities exchange listing requirements law, regulation, rule or legal process or as otherwise permitted in accordance with this Section 11.3, neither Party nor such Party’s Affiliates will make any public announcements, press releases or other applicable Laws. Each Party shall provide to the other Party a copy of any public announcement regarding disclosures concerning this Agreement or the terms or the subject matter hereof without the prior written consent of the other, which will not be unreasonably withheld. Notwithstanding the foregoing, (a) except for scientific presentations and publications (which will be governed by Section 11.6 below) each Commercializing Party or its Affiliates may, without the other Party’s approval, make disclosures pertaining solely to Licensed Products (as to GSK) or Discontinued Products (as to Isis), provided, however, that GSK will immediately notify (and provide as much advance notice as possible to) Isis of any event materially related to Licensed Products (including in such notice any filing with disclosure of clinical data or results, material regulatory filings or Approval) so that the United States Securities and Exchange Commission Parties may analyze the need for or desirability of publicly disclosing or reporting such event, any press release or other similar public communication by GSK related to efficacy or safety data and/or results of a Licensed Product will be submitted to Isis for review at least [***] (or any stock exchange[***]) Business Days (to the extent permitted by law) in advance of such proposed public disclosure, including Nasdaq, or any similar regulatory agency in any country other than the United States)), as practicable under the circumstances, reasonably prior to its scheduled release. Each Party shall Isis will have the right to expeditiously review and recommend changes to any such announcement, and, except as otherwise required by securities exchange listing requirements or applicable Law, the Party whose announcement has been reviewed shall remove any Confidential Information of the reviewing Party that the reviewing Party reasonably deems to be inappropriate for disclosure communication and shall give due consideration to any reasonable comments by the reviewing Party relating to such announcement, including the provisions of this Agreement for which confidential treatment should be sought. At the request of either Party, the other Party GSK will reasonably consider in good faith whether a press release consider any changes that are timely recommended by Isis or other public disclosure described in this Section 11.3.1 should be a joint release by both Parties andGSK, in such a caseas the case may be, the Parties will use good faith efforts to mutually agree on the content of any such joint release. Notwithstanding the foregoing, and (b) to the extent information regarding this Agreement has already been publicly disclosed, each either Party (other than a Party that had caused such information to become publicly disclosed in breach of this ARTICLE 11or its Affiliates) may subsequently disclose the same information to the public without the consent of the other Party. Each Party will give the other Party a reasonable opportunity (to the extent consistent with law) to review all material filings with the SEC describing the terms of this Agreement prior to submission of such filings, and will give due consideration to any reasonable comments by the non-filing Party relating to such filing, including without limitation the provisions of this Agreement for which confidential treatment should be sought.

Press Release; Disclosure of Agreement. 11.3.1 On or promptly after the Effective Date, the Parties shall jointly issue a press release public announcement of the execution of this Agreement, the Option Agreement, the Merger Agreement and the License Agreement in the such form mutually separately agreed by upon between the Parties. Subject to Sections 11.3.2 and 11.4, neither Neither Party may shall issue any subsequent press release or other public disclosure regarding this Agreement, the Option Agreement, the Merger Agreement or its terms the License Agreement, or the Parties’ activities hereunderhereunder or thereunder, or any results or data arising hereunderhereunder or thereunder, except (a) with the other Party’s prior consentwritten consent (which consent shall not be unreasonably withheld), or (b) for any disclosure that is as reasonably necessary in that Party’s sole discretion to comply with all applicable national securities exchange listing requirements or other applicable Lawslaws, rules or regulations or (c) as otherwise permitted in accordance with this Article VII. Each Party shall agrees to provide to the other Party a copy of any public announcement or disclosure regarding this Agreement, the Option Agreement, the Merger Agreement or the License Agreement, or the subject matter hereof (including any filing with the United States Securities and Exchange Commission (or any stock exchange, including Nasdaq, or any similar regulatory agency in any country other than the United States))thereof, as soon as reasonably practicable under the circumstances prior to such public announcement’s or disclosure’s scheduled release, and, absent extraordinary circumstances, reasonably at least three (3) Business Days prior to its such public announcement’s or disclosure’s scheduled release. Each Party shall have the right to expeditiously review and recommend changes to any such announcement, announcement or disclosure and, except as otherwise required by securities exchange listing requirements laws, rules or applicable Lawregulations, the Party whose announcement has been reviewed shall remove any Confidential Information of the reviewing Party that the reviewing Party reasonably deems to be inappropriate for disclosure disclosure. The principles to be observed by Mpex and shall give due consideration Axcan in any such permitted public disclosures with respect to any reasonable comments by the reviewing Party relating to such announcement, including the provisions of this Agreement for which confidential treatment should be sought. At the request of either PartyAgreement, the other Party will reasonably consider in good faith whether a press release or other public disclosure described in this Section 11.3.1 should be a joint release by both Parties and, in such a caseOption Agreement, the Parties will use good faith efforts Merger Agreement or the License Agreement shall be: accuracy and completeness, the requirements of confidentiality under this Article 7, and the normal business practice in the pharmaceutical and biotechnology industries for disclosures by companies comparable to mutually agree on the content of any such joint releaseMpex and Axcan. Notwithstanding the foregoing, to the extent information regarding this Agreement, the Option Agreement, the Merger Agreement or the License Agreement has already been publicly disclosed, each Party (disclosed other than through any act or omission of a Party that had caused such information to become publicly disclosed in breach of this ARTICLE 11) Agreement, the Option Agreement, the Merger Agreement or the License Agreement, either Party may subsequently disclose the same information to the public without the consent of the other Party. Each Party shall be permitted to disclose the terms of this Agreement, the Option Agreement, the Merger Agreement or the License Agreement, in each case under appropriate confidentiality provisions substantially equivalent to those of this Agreement and the Merger Agreement, to any actual or potential acquirers, merger partners, and professional advisors.

Press Release; Disclosure of Agreement. 11.3.1 On or promptly after the Effective Date, the Parties shall jointly Sanofi agrees that Regulus may issue a press release of (which will not be a joint press release) announcing the execution of this Agreement in substantially the form mutually agreed by attached as APPENDIX 12 (the Parties“Second Restatement Press Release”). Subject to Sections 11.3.2 From and 11.4after the Second Restatement Date, neither Party may issue any subsequent press release or other public disclosure regarding this Agreement or its terms or except for the Parties’ activities hereunderSecond Restatement Press Release, or any results or data arising hereunder, except (a) with to the other Party’s prior consent, or (b) for any disclosure that is reasonably necessary in that Party’s sole discretion extent required to comply with applicable securities exchange listing requirements law, regulation, rule or legal process or as otherwise permitted in accordance with this Section 7.3, neither Party nor such Party’s Affiliates will make any public announcements, press releases or other applicable Laws. Each Party shall provide to the other Party a copy of any public announcement regarding disclosures concerning this Agreement or the terms or the subject matter hereof without the prior written consent of the other, which will not be unreasonably withheld. Notwithstanding the foregoing, (a) except for scientific presentations and publications (which will be governed by Section 7.5 below) each Party or its Affiliates may, without the other Party’s approval, make disclosures pertaining solely to Products (as to Sanofi) licensed to Sanofi or Discontinued Products (as to Regulus), provided, however, that Sanofi will immediately notify (and provide as much advance notice as possible to) Regulus of any event materially related to Products (including in such notice any filing with disclosure of clinical data or results, material regulatory filings or Approval) so that the United States Securities and Exchange Commission Parties may analyze the need for or desirability of publicly disclosing or reporting such event, any press release or other similar public communication by Sanofi related to efficacy or safety data and/or results regarding a Licensed Compound or Product will be submitted to Regulus for review at least five (or any stock exchange5) Business Days (to the extent permitted by law) in advance of such proposed public disclosure, including Nasdaq, or any similar regulatory agency in any country other than the United States)), as practicable under the circumstances, reasonably prior to its scheduled release. Each Party shall Regulus will have the right to expeditiously review and recommend changes to any such announcement, and, except as otherwise required by securities exchange listing requirements or applicable Law, the Party whose announcement has been reviewed shall remove any Confidential Information of the reviewing Party that the reviewing Party reasonably deems to be inappropriate for disclosure communication and shall give due consideration to any reasonable comments by the reviewing Party relating to such announcement, including the provisions of this Agreement for which confidential treatment should be sought. At the request of either Party, the other Party Sanofi will reasonably consider in good faith whether a press release or other public disclosure described in this Section 11.3.1 should be a joint release consider any changes that are timely recommended by both Parties and, in such a case, the Parties will use good faith efforts to mutually agree on the content of any such joint release. Notwithstanding the foregoing, Regulus and (b) to the extent information regarding this Agreement Agreement, a Licensed Compound or Product has already been publicly disclosed, each either Party (other than a Party that had caused such information to become publicly disclosed in breach of this ARTICLE 11or its Affiliates) may subsequently disclose the same information to the public without the consent of the other Party.the

Press Release; Disclosure of Agreement. 11.3.1 On or promptly after the Effective Date, the Parties shall individually or jointly issue a press release public announcement of the execution of this Agreement in the such form mutually separately agreed by upon between the Parties. Subject Neither Party shall be free EXECUTION VERSION to Sections 11.3.2 and 11.4, neither Party may issue any subsequent press release or other public disclosure regarding this the Agreement or its terms or the Parties’ Parties activities hereunder, or any results or data arising hereunder, except (a) with the other Party’s prior consent, or (b) for any disclosure that is except as reasonably necessary in that Party’s sole discretion to comply with all applicable securities exchange listing requirements laws or regulations. The Parties agree to consult with each other applicable Lawsreasonably and in good faith with respect to the text and timing of any such press releases prior to the issuance thereof, and a Party may not unreasonably withhold consent to such releases. Each Except to the extent required by law or as otherwise permitted in accordance with this Section 9.3, neither Party shall provide to the other Party a copy of make any public announcement regarding announcements concerning this Agreement or the subject matter hereof (including any filing with without the United States Securities prior written consent of the other, which shall not be unreasonably withheld. The principles to be observed by ChemoCentryx and Exchange Commission (or any stock exchange, including Nasdaq, or any similar regulatory agency GSK in any country other than the United States)), as practicable under the circumstances, reasonably prior such permitted public disclosures with respect to its scheduled release. Each Party this Agreement shall have the right to expeditiously review and recommend changes to any such announcement, and, except as otherwise required by securities exchange listing requirements or applicable Lawbe: accuracy, the Party whose announcement has been reviewed shall remove any Confidential Information requirements of confidentiality under this Article 9, and the reviewing Party that normal business practice in the reviewing Party reasonably deems pharmaceutical and biotechnology industries for disclosures by companies comparable to be inappropriate for disclosure ChemoCentryx and shall give due consideration to any reasonable comments by the reviewing Party relating to such announcement, including the provisions of this Agreement for which confidential treatment should be sought. At the request of either Party, the other Party will reasonably consider in good faith whether a press release or other public disclosure described in this Section 11.3.1 should be a joint release by both Parties and, in such a case, the Parties will use good faith efforts to mutually agree on the content of any such joint releaseGSK. Notwithstanding the foregoing, to the extent information regarding this Agreement has already been publicly disclosed, each either Party (other than a Party that had caused such information to become publicly disclosed in breach of this ARTICLE 11) may subsequently disclose the same information to the public without the consent of the other Party. Each Party shall be permitted to disclose the terms of this Agreement, in each case under appropriate confidentiality provisions substantially equivalent to those of this Agreement, to any actual or potential acquirors, merger partners, and professional advisors. In addition, GSK understands that ChemoCentryx is a private company with consistent capital requirements, and that ChemoCentryx may, on a selected basis, disclose the financial terms of this Agreement to potential, bona fide investors and investment bankers in each case, where practicable, under appropriate confidentiality provisions substantially equivalent to those of this Agreement. Each Party shall give the other Party a reasonable opportunity to review all filings with the United States Securities and Exchange Commission describing the terms of this Agreement prior to submission of such filings, and shall give due consideration to any reasonable comments by the non-filing Party relating to such filing, including without limitation the provisions of this Agreement for which confidential treatment should be sought.