Press Releases and Publications. 6.1 The Parties shall jointly agree to the content and timing of all external communications with respect to this Collaboration Agreement (including, without limitation, press releases, Q&As, and the content and wording for of any listing of any Joint Global Study required to be listed on a public database or other public registry such as wxx.xxxxxxxxxxxxxx.xxx). For clarity, if either Party terminates this Collaboration Agreement pursuant to Section 11 of the License Agreement, the Parties shall mutually agree upon any external communication related to such termination, which shall not include the rationale for such termination unless (and to the extent) mutually agreed by the Parties; provided that either Party shall be permitted to publicly disclose information that such Party determines in good faith is necessary to be disclosed to comply with Applicable Law or the rules or regulations of any securities exchange on which such Party’s stock may be listed, or pursuant to an order of a court or governmental entity. 6.2 Allist and AxxxXxxx agree to collaborate to publicly disclose, publish or present; (1) top-line result from each Joint Global Study, limited if possible to avoid jeopardizing the future publication of the Study Data at a scientific conference or in a scientific journal, solely for the purpose of disclosing, as soon as reasonably practicable, the safety or efficacy results and conclusions that are material to any Party under applicable securities laws, and (2) the conclusions and outcomes (the “Results”) of each Joint Global Study at a scientific conference as soon as reasonably practicable following the completion of such Joint Global Study, subject in the case of (2) to the following terms and conditions. The Party proposing to disclose, publish or present the Results shall deliver to each other Party a copy of the proposed disclosure, publication, or presentation at least [***] ([***]) business days before submission to a Third Party.
Appears in 3 contracts
Samples: Joint Clinical Collaboration Agreement (ArriVent Biopharma, Inc.), Joint Clinical Collaboration Agreement (ArriVent Biopharma, Inc.), Joint Clinical Collaboration Agreement (ArriVent Biopharma, Inc.)
Press Releases and Publications. 6.1 (a) The Parties shall jointly agree to the content and timing of all external public communications with respect to this Collaboration Agreement (including, without limitationAgreement, press releases, Q&As, and the content of, and wording for of for, any listing of any Joint Global Study the Combined Therapy Clinical Trial required to be listed on a public database or other public registry such as wxx.xxxxxxxxxxxxxx.xxxxxx.xxxxxxxxxxxxxx.xxx). For clarity, if either Party terminates this Collaboration Agreement pursuant to Section 11 of the License Agreement12.4, the Parties shall mutually agree upon any external communication related to such termination, which shall not include the rationale for such termination unless (and to the extent) mutually agreed by the Parties; provided that . Notwithstanding the foregoing in this Section 9.5(a), either Party shall be permitted to publicly disclose information that such Party determines in good faith is necessary to be disclosed to comply with Applicable Law or the rules or regulations of any securities exchange on which such Party’s stock may be listed, or pursuant to an order of a court or governmental entity.
6.2 Allist (b) The Recipient and AxxxXxxx BMS agree to collaborate to publicly disclose, publish or present; present (1i) top-line result results from each Joint Global Studythe Combined Therapy Clinical Trial, limited if possible to avoid jeopardizing the future publication of the Study Data at a scientific conference or in a scientific journal, solely for the purpose of disclosing, as soon as reasonably practicable, the safety or efficacy results and conclusions that are material to any either Party under applicable securities laws, and (2ii) the conclusions and outcomes (the “Results”) of each Joint Global Study the Combined Therapy Clinical Trial at a scientific conference as soon as reasonably practicable following the completion of database lock date for such Joint Global StudyCombined Therapy Clinical Trial, subject in the case of (2ii) to the following terms and conditions. The Party proposing to disclose, publish or present the Results shall deliver to each the other Party a copy of the proposed disclosure, publication, publication or presentation at least [***] ([***[ ]) business days * before submission to a Third Party. The reviewing Party shall determine whether any of its Confidential Information that may be contained in such disclosure, publication or presentation should be modified or deleted, whether to file a patent application on any Recipient Study Invention (solely with respect to the Recipient) or BMS Study Invention (solely with respect to BMS) or Combined Therapy Invention disclosed therein. The disclosure, publication or presentation shall be delayed for an additional [ ]* (i.e., a total of [ ]* from the initial proposal) if the reviewing Party reasonably requests such extension to allow time for the preparation and filing of relevant patent applications consistent with the terms of this Agreement. If the reviewing Party reasonably requests modifications to the disclosure, publication or presentation to prevent the disclosure of Confidential Information of the reviewing Party (other than the Results or Study Data), the publishing Party shall edit such publication to prevent the disclosure of such information prior to submission of the disclosure, publication or presentation. In the event of a disagreement as to content, timing and/or venue or forum for any disclosure, publication or presentation of the Results, such dispute (a “Publication Dispute”) shall be referred to the Executive Officers (or their respective designees); provided that, in the absence of agreement after such good faith discussions, and upon expiration of the additional [ ]* -period, (A) academic collaborators or clinical trial sites engaged by the Recipient in connection with the performance of the Combined Therapy Clinical Trial may publish Combined Therapy Study Data obtained by such academic collaborator or clinical trial site solely to the extent that such ability to publish such Combined Therapy Study Data is set forth in an agreement between the Recipient and such academic collaborator or clinical trial site relating to the conduct of Combined Therapy Clinical Trial and (B) the publishing Party may proceed with the disclosure, publication or presentation provided that such disclosure, publication or presentation is consistent with its internal publication guidelines and customary industry practices for the publication of similar data and does not disclose the Confidential Information of the other Party (other than the Results or Study Data). Authorship of any publication shall be determined based on the accepted standards used in peer-reviewed academic journals at the time of the proposed disclosure, publication or presentation. The Parties agree that they shall make reasonable efforts to prevent publication of a press release that could jeopardize the future publication of Study Data at a scientific conference or in a scientific journal but in no way will this or any other provision of this Agreement supersede the requirements of any Applicable Law or the rules or regulations of any securities exchange or listing entity on which a Party’s stock is listed (including any such rule or regulation that may require a Party to make public disclosures about interim results of the Combined Therapy Clinical Trial). Notwithstanding the foregoing, nothing herein shall prevent or restrict [ ]* from making any disclosures of published Study Data disclosed to it by BMS pursuant to Section 9.4 or of the existence of this Agreement, in each case in order for [ ]* to comply with requirements of Applicable Law, the rules or regulations of any securities exchange or listing entity on which its stock may be traded or pursuant to an order of a court or governmental entity to publicly disclose the existence of the Agreement and the Study Data, provided that if any such disclosure is made by [ ]* it will only disclose the minimum amount of information necessary to achieve compliance and will provide the Recipient with reasonable advance notice of such disclosure.
(c) The Recipient agrees to include in all permitted press releases, presentations and publications it makes related to the Combined Therapy Clinical Trial specific mention, if applicable, of the BMS Study Drug and the support and involvement of BMS. BMS agrees to include in all permitted press releases, presentations and publications it makes related to the Combined Therapy Clinical Trial specific mention, if applicable, of the Recipient Study Drug and the support and involvement of the Recipient.
Appears in 2 contracts
Samples: Clinical Trial Collaboration and Supply Agreement (Replimune Group, Inc.), Clinical Trial Collaboration and Supply Agreement (Replimune Group, Inc.)
Press Releases and Publications. 6.1 (a) The Parties shall jointly agree to the content and timing of all external public communications with respect to this Collaboration Agreement (including, without limitationAgreement, press releases, Q&As, and the content of, and wording for of for, any listing of any Joint Global Study the Combined Therapy Clinical Trial required to be listed on a public database or other public registry such as wxx.xxxxxxxxxxxxxx.xxxxxx.xxxxxxxxxxxxxx.xxx). For clarity, if either Party terminates this Collaboration Agreement pursuant to Section 11 of the License Agreement12.4, the Parties shall mutually agree upon any external communication related to such termination, which shall not include the rationale for such termination unless (and to the extent) mutually agreed by the Parties; provided that either Party shall be permitted to publicly disclose information that such Party determines in good faith is necessary to be disclosed to comply with Applicable Law or the rules or regulations of any securities exchange on which such Party’s stock may be listed, or pursuant to an order of a court or governmental entity.
6.2 Allist (b) The Recipient and AxxxXxxx BMS agree to collaborate to publicly disclose, publish or present; present (1i) top-line result results from each Joint Global Studythe Combined Therapy Clinical Trial, limited if possible to avoid jeopardizing the future publication of the Study Data at a scientific conference or in a scientific journal, solely for the purpose of disclosing, as soon as reasonably practicable, the safety or efficacy results and conclusions that are material to any either Party under applicable securities laws, and (2ii) the conclusions and outcomes (the “Results”) of each Joint Global Study the Combined Therapy Clinical Trial at a scientific conference as soon as reasonably practicable following the completion of such Joint Global StudyCombined Therapy Clinical Trial, subject in the case of (2ii) to the following terms and conditions. The Party proposing to disclose, publish or present the Results shall deliver to each the other Party a copy of the proposed disclosure, publication, publication or presentation at least [***] ([***]) business days before submission to a Third Party. The reviewing Party shall determine whether any of its Confidential Information that may be contained in such disclosure, publication or presentation should be modified or deleted, whether to file a patent application on any Recipient Study Invention (solely with respect to the Recipient) or BMS Study Invention (solely with respect to BMS) or Combined Therapy Invention disclosed therein. The disclosure, publication or presentation shall be delayed for an additional [**] (i.e., a total of [**] from the initial proposal) if the reviewing Party reasonably requests such extension to allow time for the preparation and filing of relevant patent applications. If the reviewing Party reasonably requests modifications to the disclosure, publication or presentation to prevent the disclosure of Confidential Information of the reviewing Party (other than the Results or Study Data), the publishing Party shall edit such publication to prevent the disclosure of such information prior to submission of the disclosure, publication or presentation. In the event of a disagreement as to content, timing and/or venue or forum for any disclosure, publication or presentation of the Results, such dispute (a “Publication Dispute”) shall be referred to the Executive Officers (or their respective designees); provided that, in the absence of agreement after such good faith discussions, and upon expiration of the additional [**]-period, (A) academic collaborators or clinical trial sites engaged by the Recipient in connection with the performance of the Combined Therapy Clinical Trial may publish Combined Therapy Study Data obtained by such academic collaborator or clinical trial site solely to the extent that such ability to publish such Combined Therapy Study Data is set forth in an agreement between the Recipient and such academic collaborator or clinical trial site relating to the conduct of Combined Therapy Clinical Trial and (B) the publishing Party may proceed with the disclosure, publication or presentation provided that such disclosure, publication or presentation is consistent with its internal publication guidelines and customary industry practices for the publication of similar data and does not disclose the Confidential Information of the other Party (other than the Results or Study Data). Authorship of any publication shall be determined based on the accepted standards used in peer-reviewed academic journals at the time of the proposed disclosure, publication or presentation. The Parties agree that they shall make reasonable efforts to prevent publication of a press release that could jeopardize the future publication of Study Data at a scientific conference or in a scientific journal but in no way will this or any other provision of this Agreement supersede the requirements of any Applicable Law or the rules or regulations of any securities exchange or listing entity on which a Party’s stock is listed (including any such rule or regulation that may require a Party to make public disclosures about interim results of the Combined Therapy Clinical Trial). Notwithstanding the foregoing, nothing herein shall prevent or restrict Ono from making any disclosures of unpublished Study Data disclosed to it by BMS pursuant to Section 9.4 or of the existence of this Agreement, in each case in order for Ono to comply with requirements of Applicable Law, the rules or regulations of any securities exchange or listing entity on which its stock may be traded or pursuant to an order of a court or governmental entity to publicly disclose the existence of the Agreement and the Study Data, provided that if any such disclosure is made by Ono it will only disclose the minimum amount of information necessary to achieve compliance and will provide the Recipient with reasonable advance notice of such disclosure.
(c) The Recipient agrees to include in all press releases, presentations and publications it makes related to the Combined Therapy Clinical Trial specific mention, if applicable, of the BMS Study Drug and the support and involvement of BMS. BMS agrees to include in all press releases, presentations and publications it makes related to the Combined Therapy Clinical Trial specific mention, if applicable, of the Recipient Study Drug and the support and involvement of the Recipient.
Appears in 1 contract
Samples: Clinical Trial Collaboration and Supply Agreement (Idera Pharmaceuticals, Inc.)
Press Releases and Publications. 6.1 (a) The Parties shall jointly agree to the content and timing of all external communications with respect to this Collaboration Agreement (including, without limitation, an initial press release to be issued by Checkmate (the content of which is attached hereto as Exhibit B), subsequent press releases, Q&As, and the content and wording for of any listing of any Joint Global the Combined Therapy Study required to be listed on a public database or other public registry such as wxx.xxxxxxxxxxxxxx.xxxxxx.xxxxxxxxxxxxxx.xxx). The Parties have agreed on the initial press release, having the content as set forth in Exhibit B, which will be issued by Checkmate on December 8, 2020 (unless the Parties agree otherwise in writing). Notwithstanding the foregoing, information contained in external communications previously approved by the Parties may be included in subsequent external communications (but not subsequent press releases, which shall be subject to review and approval by the Parties in accordance with this Section 9.5(a)) by either Party without review by, or the necessity to obtain prior approval from, the other Party. For clarity, if either Party terminates this Collaboration Agreement pursuant to Section 11 of the License Agreement12.4, the Parties shall mutually agree upon any external communication related to such termination, which shall not include the rationale for such termination unless (and to the extent) mutually agreed by the Parties; provided that either Party shall be permitted to publicly disclose information that such Party determines in good faith is necessary to be disclosed to comply with Applicable Law or the rules or regulations of any securities exchange on which such Party’s stock may be listed, or pursuant to an order of a court or governmental entity.
6.2 Allist (b) [***]
(c) Checkmate and AxxxXxxx BMS agree to collaborate to publicly disclose, publish or present; present (1) top-line result results from each Joint Global the Combined Therapy Study, limited if possible to avoid jeopardizing the future publication of the Study Data at a scientific conference or in a scientific journal, solely for the purpose of disclosing, as soon as reasonably practicable, the safety or efficacy results and conclusions that are material to any either Party under applicable securities laws, and (2) the conclusions and outcomes (the “Results”) of each Joint Global the Combined Therapy Study at a scientific conference as soon as reasonably practicable following the completion of such Joint Global Combined Therapy Study, subject in the case of (2) to the following terms and conditions. The Sponsoring Party shall take the lead in drafting the first joint abstract, presentation or publication of the interim (as appropriate) and final Results of any of the Combined Therapy Study. Thereafter, both Parties shall have the right to propose disclosure, publication or presentation of the previously disclosed Results. The Party proposing to disclose, publish or present the Results shall deliver to each the other Party a copy of the proposed disclosure, publication, disclosure or presentation publication at least [***] thirty ([***]30) business calendar days before submission to a Third Party, or, in the case of any abstract, poster or presentation at least fifteen (15) calendar days before submission to a Third Party. The reviewing Party shall determine whether any of its Confidential Information that may be contained in such disclosure, publication, abstract, poster or presentation should be modified or deleted, whether to file a patent application on any Checkmate Study Invention (solely with respect to Checkmate) or BMS Study Invention (solely with respect to BMS) or Combined Therapy Invention disclosed therein. The disclosure, publication or presentation shall be delayed for up to an additional thirty (30) calendar days (i.e., a total of up to sixty (60) calendar days from the initial proposal) if the reviewing Party reasonably requests such extension to allow time for the preparation and filing of relevant patent applications. If the reviewing Party reasonably requests modifications to the disclosure, publication, abstract, poster or presentation to prevent the disclosure of a material trade secret or proprietary business information, the publishing Party shall edit such publication to prevent the disclosure of such information prior to submission of the disclosure, publication, abstract, poster or presentation. In the event of a disagreement as to content, timing and/or venue or forum for any disclosure, publication or presentation of the Results, such dispute (a “Publication Dispute”) shall be referred to the Executive Officers (or their respective designees); provided that, in the absence of agreement after such good faith discussions, and upon expiration of the thirty (30) calendar day period (or as applicable up to sixty (60) calendar day period) as outlined above, academic collaborators engaged by Checkmate in connection with the performance of the Combined Therapy Study may publish Combined Therapy Study Data obtained by such academic collaborator solely to the extent that such ability to publish such Combined Therapy Study Data is set forth in an agreement between Checkmate and such academic collaborator relating to the conduct of Combined Therapy Study. Authorship of any publication shall be determined based on the accepted standards used in peer-reviewed academic journals at the time of the proposed disclosure, publication or presentation. The Parties agree that they shall make reasonable efforts to prevent publication of a press release that could jeopardize the future publication of Study Data at a scientific conference or in a scientific journal but in no way will this supersede the requirements of any Applicable Law or the rules or regulations of any securities exchange or listing entity on which a Party’s stock is listed.
Appears in 1 contract
Samples: Master Clinical Trial Collaboration Agreement (Checkmate Pharmaceuticals, Inc.)
Press Releases and Publications. 6.1 The (a) Subject to this Section 9.5, the Parties shall jointly agree to the content and timing of all external communications with respect to this Collaboration Agreement (includingincluding an initial press release, without limitationthe content of which shall be as attached hereto as Exhibit C, subsequent press releases, Q&As, and the content and wording for of any listing of any Joint Global Study Combined Therapy Trial required to be listed on a public database or other public registry such as wxx.xxxxxxxxxxxxxx.xxxxxx.xxxxxxxxxxxxxx.xxx). For clarity, if If either Party terminates this Collaboration Agreement pursuant to Section 11 of the License Agreement12.4, the Parties shall mutually agree upon any external communication related to such termination, which shall not include the rationale for such termination unless (and to the extent) mutually agreed by the Parties; provided that either . Notwithstanding any provision of this Agreement to the contrary, each Party shall be permitted to publicly disclose information information, including the existence of this Agreement or any of its terms or conditions or the results of any activity under this Agreement, that such Party determines in good faith is necessary to be disclosed to comply with Applicable Law Law, including pursuant to an order of a court or governmental entity, or to comply with the rules or regulations of any securities exchange on which such Party’s stock may be listed, or pursuant to an order of a court or governmental entity.
6.2 Allist (b) Five Prime and AxxxXxxx BMS agree to collaborate to publicly disclosedisclose publicly, publish or present; present (1) top-line result results from each Joint Global Studythe performance of the Development Plan, limited if possible to avoid jeopardizing the future publication of the Study Data at a scientific conference or in a scientific journal, solely for the purpose of disclosing, as soon as reasonably practicable, the safety or efficacy results and conclusions that are material to any either Party under applicable securities laws, and (2) the conclusions and outcomes (the “Results”) of each Joint Global Study Combined Therapy Trial at a scientific conference as soon as reasonably practicable following the completion of such Joint Global StudyCombined Therapy Trial, subject in the case of (2) to the following terms and conditions. The Party proposing to disclose, publish or present the Results shall deliver to each the other Party a copy of the (i) any abstract or press release at least *** before submission to a Third Party and (ii) any proposed disclosureslide presentation, publication, poster presentation or any other disclosure, publication or presentation at least [***] ([***]) business days * before submission to a Third Party.. The reviewing Party shall determine whether any of its Confidential Information that may be contained in such disclosure, publication or presentation should be modified or deleted, whether to file a patent application on any Five Prime Study Invention (solely with respect to Five Prime) or BMS Study Invention (solely with respect to BMS) or Combined Therapy Invention disclosed therein. The disclosure, publication or presentation shall be delayed for an additional *** (i.e., a total of *** from the initial proposal) if the reviewing Party reasonably requests such extension to allow time for the preparation and filing of relevant patent applications. If the reviewing Party reasonably requests modifications to the disclosure, publication or presentation to prevent the disclosure of a material trade secret or proprietary business information, the publishing Party shall edit such publication to prevent the disclosure of such information prior to submission of the disclosure, publication or presentation. In the event of a disagreement as to content, timing and/or venue or forum for any disclosure, publication or presentation of the Results, such dispute (a “Publication Dispute”) shall be referred to the Executive Officers (or their respective designees); provided that, in the absence of agreement after such good faith discussions, and upon expiration of the additional ***-period, academic collaborators engaged by Five Prime in connection with the performance of the Combined Therapy Trials may publish Combined Therapy Study Data obtained by such academic collaborator solely to the extent that such ability to publish such Combined Therapy Study Data is set forth in an agreement between Five Prime and such academic collaborator relating to the conduct of Combined Therapy Trials. Authorship of any publication shall be determined based on the accepted standards used in peer-reviewed academic journals at the time of the proposed disclosure, publication or presentation. The Parties agree that they shall make reasonable efforts to prevent publication of a press release that could jeopardize the future publication of Study Data at a scientific conference or in a scientific journal but in no way will this or any other provision of this Agreement supersede the requirements of any Applicable Law or the rules or regulations of any securities exchange or listing entity on which a Party’s stock is listed (including any such rule or regulation that may require a Party to make public disclosures about interim results of a Combined Therapy Trial). Notwithstanding the foregoing, Five Prime hereby authorizes disclosure to Ono in accordance with Section 9.4. Notwithstanding the foregoing, nothing herein shall prevent or restrict Ono from making any disclosures of published Study Data disclosed to it by BMS pursuant to Section 9.4 or of the existence of this Agreement, in each case in order for Ono to comply with requirements of
Appears in 1 contract
Samples: Clinical Trial Collaboration Agreement (Five Prime Therapeutics Inc)
Press Releases and Publications. 6.1 (a) The Parties shall jointly agree to the content and timing of all external communications with respect to this Collaboration Agreement (including, without limitation, press releasesreleases and Q&As) with respect to the Collaboration Trials, Q&As, and provided that the content and wording for of the initial press release relating to the Collaboration Trials shall be substantially similar to the content in the press release attached hereto as Exhibit F.
(b) Xxxxxxx will use reasonable efforts to review Medivir’s press releases regarding any Collaboration Trial to confirm that the subject matter of any listing of any Joint Global Study required to be listed on a public database or other public registry such as wxx.xxxxxxxxxxxxxx.xxxpress releases by Medivir is not more extensive than that which may have been previously released by Idenix and/or Xxxxxxx under Section 9.6(a). For clarity; provided, if either Party terminates this Collaboration Agreement pursuant to Section 11 of the License Agreementhowever, the Parties shall mutually agree upon any external communication related to such termination, which shall not include the rationale for such termination unless (and to the extent) mutually agreed by the Parties; provided that either Party Medivir shall be permitted to publicly disclose information that such Party determines disclosed to Medivir in good faith is accordance with Section 9.5 to the extent necessary to be disclosed to comply with Applicable Law applicable law or the rules or regulations of any securities exchange on which such PartyMedivir’s stock may be is listed, or pursuant to an order of a court or governmental entity.
6.2 Allist (c) Xxxxxxx and AxxxXxxx Idenix agree to collaborate to publicly disclose, publish or present; present (1) top-line result results from each Joint Global StudyCollaboration Trial, (limited if possible to avoid jeopardizing the future publication of the Study Data at a scientific conference or in a scientific journal), solely for the purpose of disclosing, as soon as reasonably practicable, the safety or efficacy results and conclusions that are material to any either Party under applicable securities laws, and (2) the conclusions and outcomes (the “Results”) of each Joint Global Study Collaboration Trial at a scientific conference as soon as reasonably practicable following the completion of such Joint Global StudyCollaboration Trial, subject in the case of (2) to the following terms and conditions. : The Party proposing to disclose, publish or present the Results shall deliver to each the other Party a copy of the proposed disclosure, publication, publication or presentation at least [***] ([***]) business days before submission to a Third Party. The reviewing Party shall determine whether any of its Confidential Information (including Joint Study Data and/or Joint Inventions) that may be contained in such disclosure, publication or presentation should be modified or deleted, whether to file a patent application on any Xxxxxxx Invention (solely with respect to Xxxxxxx) or Idenix Invention (solely with respect to Idenix) disclosed therein, and whether to propose to the other Party that a Patent application should be filed on any Joint Invention disclosed therein. The disclosure, publication or presentation shall be delayed for an additional [**] days (i.e., a total of [**] days from the initial proposal) if the reviewing Party reasonably requests such extension to allow time for the preparation and filing of patent applications. If the reviewing Party reasonably requests modifications to the disclosure, publication or presentation to prevent the disclosure of Confidential Information, a material trade secret or proprietary business information, the publishing Party shall edit such publication to prevent the disclosure of such information prior to submission of the disclosure, publication or presentation. In the event of a disagreement as to content, timing and/or venue or forum for the first disclosure, publication or presentation of the Results, such dispute shall be referred to the Executive Officers; provided that, in the absence of agreement after such good faith discussions, the publishing Party, subject to the immediately preceding sentence, shall be free to proceed with the disclosure, publication or presentation upon expiration of an additional [**] day period after referral to the Executive Officers. Authorship of any publication shall be determined based on the accepted standards used in peer-reviewed academic journals at the time of the proposed disclosure, publication or presentation. The Parties agree that they shall make reasonable efforts to prevent publication of a press release that could jeopardize the future publication of Study Data, including Joint Study Data, at a scientific conference or in a scientific journal, but in no way will this supersede the requirements of any applicable law or the rules or regulations of any securities exchange or listing entity on which a Party’s stock is listed. Notwithstanding the foregoing, the Parties shall use reasonable efforts to present the Results or interim Results of the Collaboration Trials at the annual American Association for the Study of Liver Diseases and the annual European Association for the Study of the Liver for the 2013 and 2014 calendar years or such other meeting that the JDC agrees to, and the Parties agree that such presentations, oral or otherwise, shall be agreed to based on shortened timelines as agreed to by the JDC. Notwithstanding the foregoing, Idenix hereby authorizes disclosure, publication or presentation to Medivir in accordance with Section 9.5 above. Idenix hereby acknowledges that Medivir may be required by applicable law or the rules or regulations of any securities exchange or listing entity on which its stock is traded or pursuant to an order of a court or governmental entity to publicly disclose the existence of the Agreement and the Study Data. To the extent able to do so and without preventing Medivir from complying with applicable laws, Xxxxxxx shall provide Idenix with all material(s) it intends to share with Medivir at least [**] Business Days prior to Xxxxxxx providing such material(s) to Medivir. Idenix may raise any concerns to Xxxxxxx regarding the appropriateness of providing such material(s) with Medivir. Xxxxxxx shall consider Idenix’s concerns prior to providing such material(s) to Medivir, which approval shall be assumed unless the Idenix advises in writing of its disapproval no later than [**] business days after receipt thereof.
Appears in 1 contract
Samples: Clinical Trial Collaboration Agreement (Idenix Pharmaceuticals Inc)
Press Releases and Publications. 6.1 The Parties shall jointly agree (a) Except as contemplated by the proviso to the content and timing of all final sentence in this Section 8.5(a), neither Party may issue any external communications with respect to this Collaboration Agreement (communication, including, without limitation, an initial press release to be issued by the Company, subsequent press releases, Q&As, and the content and wording for of any listing of any Joint Global the Combined Therapy Study required to be listed on a public database or other public registry such as wxx.xxxxxxxxxxxxxx.xxxwxx.xxxxxxxxxxxxxx.xxx unless agreed to in writing by the other Party If the Parties agree to issue an external communication, the Parties shall also agree to the content and timing of such external communication. Notwithstanding the foregoing, information contained in external communications previously approved by the Parties may be included in subsequent external communications (but not subsequent press releases, which shall be subject to review and approval by the Parties in accordance with this Section 8.5(a)) by either Party without review by, or the necessity to obtain prior approval from, the other Party. For clarity, if either Party terminates this Collaboration Agreement pursuant to Section 11 of the License Agreement11.3, the Parties shall mutually agree upon any external communication related to such termination, which shall not include the rationale for such termination unless (and to the extent) mutually agreed by the Parties; provided that either Party shall be permitted to publicly disclose information that such Party determines in good faith is necessary to be disclosed to comply with Applicable Law or the rules or regulations of any securities exchange on which such Party’s stock may be listed, or pursuant to an order of a court or governmental entity.
6.2 Allist (b) The Company and AxxxXxxx BMS agree to collaborate to publicly disclose, publish or present; present (1i) top-line result results from each Joint Global the Combined Therapy Study, limited if possible to avoid jeopardizing the future publication of the Study Data at a scientific conference or in a scientific journal, solely for the purpose of disclosing, as soon as reasonably practicable, the safety or efficacy results and conclusions that are material to any either Party under applicable securities laws, and (2ii) the conclusions and outcomes (the “Results”) of each Joint Global the Combined Therapy Study at a scientific conference as soon as reasonably practicable following the completion of such Joint Global Combined Therapy Study, subject in the case of (2ii) to the following terms and conditions. The Sponsoring Party shall take the lead in drafting the first joint abstract, presentation or publication of the interim (as appropriate) and final Results of any of the Combined Therapy Study. Thereafter, both Parties shall have the right to propose disclosure, publication or presentation of the previously disclosed Results. The Party proposing to disclose, publish or present the Results shall deliver to each the other Party a copy of the proposed disclosure, publication, disclosure or presentation publication at least [***] thirty ([***]30) business calendar days before submission to a Third Party, or, in the case of any abstract, poster or presentation at least fifteen (15) calendar days before submission to a Third Party. The reviewing Party shall determine whether any of its Confidential Information that may be contained in such disclosure, publication, abstract, poster or presentation should be modified or deleted, whether to file a patent application on any Company Study Invention (solely with respect to the Company) or BMS Study Invention (solely with respect to BMS) or Combined Therapy Invention disclosed therein. The disclosure, publication or presentation shall be delayed for up to an additional thirty (30) calendar days (i.e., a total of up to sixty (60) calendar days from the initial proposal) if the reviewing Party reasonably requests such extension to allow time for the preparation and filing of relevant patent applications. If the reviewing Party reasonably requests modifications to the disclosure, publication, abstract, poster or presentation to prevent the disclosure of a material trade secret or proprietary business information, the publishing Party shall edit such publication to prevent the disclosure of such information prior to submission of the disclosure, publication, abstract, poster or presentation. In the event of a disagreement as to content, timing and/or venue or forum for any disclosure, publication or presentation of the Results, such dispute (a “Publication Dispute”) shall be referred to the Executive Officers (or their respective designees); provided that, in the absence of agreement after such good faith discussions, and upon expiration of the thirty (30) calendar day period (or as applicable up to sixty (60) calendar day period) as outlined above, academic collaborators engaged by the Company in connection with the performance of the Combined Therapy Study may publish Combined Therapy Study Data obtained by such academic collaborator solely to the extent that such ability to publish such Combined Therapy Study Data is set forth in an agreement between the Company and such academic collaborator relating to the conduct of Combined Therapy Study. Authorship of any publication shall be determined based on the accepted standards used in peer-reviewed academic journals at the time of the proposed disclosure, publication or presentation. The Parties agree that they shall make reasonable efforts to prevent publication of a press release that could jeopardize the future publication of Study Data at a scientific conference or in a scientific journal but in no way will this supersede the requirements of any Applicable Law or the rules or regulations of any securities exchange or listing entity on which a Party’s stock is listed.
Appears in 1 contract
Samples: Master Clinical Trial Collaboration Agreement (BioAtla, Inc.)
Press Releases and Publications. 6.1 (a) The Parties shall jointly agree to the content and timing of all external public communications with respect to this Collaboration Agreement (including, without limitationAgreement, press releases, Q&As, and the content of, and wording for of for, any listing of any Joint Global Study the Combined Therapy Clinical Trial required to be listed on a public database or other public registry such as wxx.xxxxxxxxxxxxxx.xxxxxx.xxxxxxxxxxxxxx.xxx). For clarity, if either Party terminates this Collaboration Agreement pursuant to Section 11 of the License Agreement12.4, the Parties shall mutually agree upon any external communication related to such termination, which shall not include the rationale for such termination unless (and to the extent) mutually agreed by the Parties; provided that either Party shall be permitted to publicly disclose information that such Party determines in good faith is necessary to be disclosed to comply with Applicable Law or the rules or regulations of any securities exchange on which such Party’s stock may be listed, or pursuant to an order of a court or governmental entity.
6.2 Allist (b) The Recipient and AxxxXxxx BMS agree to collaborate to publicly disclose, publish or present; present (1i) top-line result results from each Joint Global Studythe Combined Therapy Clinical Trial, limited if possible to avoid jeopardizing the future publication of the Study Data at a scientific conference or in a scientific journal, solely for the purpose of disclosing, as soon as reasonably practicable, the safety or efficacy results and conclusions that are material to any either Party under applicable securities laws, and (2ii) the conclusions and outcomes (the “Results”) of each Joint Global Study the Combined Therapy Clinical Trial at a scientific conference as soon as reasonably practicable following the completion of such Joint Global StudyCombined Therapy Clinical Trial, subject in the case of (2ii) to the following terms and conditions. The Party proposing to disclose, publish or present the Results shall deliver to each the other Party a copy of the proposed disclosure, publication, publication or presentation at least [***] ([***]) business days before submission to a Third Party. The reviewing Party shall determine whether any of its Confidential Information that may be contained in such disclosure, publication or presentation should be modified or deleted, whether to file a patent application on any Recipient Study Invention (solely with respect to the Recipient) or BMS Study Invention (solely with respect to BMS) or Combined Therapy Invention disclosed therein. The disclosure, publication or presentation shall be delayed for an additional [**] (i.e., a total of [**] from the initial proposal) if the reviewing Party reasonably requests such extension to allow time for the preparation and filing of relevant patent applications. If the reviewing Party reasonably requests modifications to the disclosure, publication or presentation to prevent the disclosure of Confidential Information of the reviewing Party (other than the Results or Study Data), the publishing Party shall edit such publication to prevent the disclosure of such information prior to submission of the disclosure, publication or presentation. In the event of a disagreement as to content, timing and/or venue or forum for any disclosure, publication or presentation of the Results, such dispute (a “Publication Dispute”) shall be referred to the Executive Officers (or their respective designees); provided that, in the absence of agreement after such good faith discussions, and upon expiration of the additional [**]-period, (A) academic collaborators or clinical trial sites engaged by the Recipient in connection with the performance of the Combined Therapy Clinical Trial may publish Combined Therapy Study Data obtained by such academic collaborator or clinical trial site solely to the extent that such ability to publish such Combined Therapy Study Data is set forth in an agreement between the Recipient and such academic collaborator or clinical trial site relating to the conduct of Combined Therapy Clinical Trial and (B) the publishing Party may proceed with the disclosure, publication or presentation provided that such disclosure, publication or presentation is consistent with its internal publication guidelines and customary industry practices for the publication of similar data and does not disclose the Confidential Information of the other Party (other than the Results or Study Data). Authorship of any publication shall be determined based on the accepted standards used in peer-reviewed academic journals at the time of the proposed disclosure, publication or presentation. The Parties agree that they shall make reasonable efforts to prevent publication of a press release that could jeopardize the future publication of Study Data at a scientific conference or in a scientific journal but in no way will this or any other provision of this Agreement supersede the requirements of any Applicable Law or the rules or regulations of any securities exchange or listing entity on which a Party’s stock is listed (including any such rule or regulation that may require a Party to make public disclosures about interim results of the Combined Therapy Clinical Trial).
(c) The Recipient agrees to include in all press releases, presentations and publications it makes related to the Combined Therapy Clinical Trial specific mention, if applicable, of the BMS Study Drug and the support and involvement of BMS. BMS agrees to include in all press releases, presentations and publications it makes related to the Combined Therapy Clinical Trial specific mention, if applicable, of the Recipient Study Drug and the support and involvement of the Recipient.
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Samples: Clinical Trial Collaboration and Supply Agreement (Idera Pharmaceuticals, Inc.)