Common use of Publication by BMS Clause in Contracts

Publication by BMS. BMS may publish or present data and/or results relating to a Licensed Compound or Licensed Product in scientific journals and/or at scientific conferences, subject to the prior review and comment by Elixir as follows. BMS shall provide Elixir with the opportunity to review any proposed abstract, manuscript or presentation which discloses information relating to a Licensed Compound or Licensed Product by delivering a copy thereof to Elixir no less than thirty (30) days before its intended submission for publication or presentation. Elixir shall have thirty (30) days from its receipt of any such abstract, manuscript or presentation in which to notify BMS in writing of any specific objections to the disclosure, based on either the need to seek patent protection or concern regarding the specific disclosure of Confidential Information of Elixir (including BMS Know-How) or the identity of any Licensed Compound or Licensed Product. In the event Elixir objects to the disclosure in writing within such thirty (30) days period, BMS agrees not to submit the publication or abstract or make the presentation containing the objected-to information until the Parties have agreed to the content of the proposed disclosure, and BMS shall delete from the proposed disclosure any Elixir Confidential Information (including BMS Know-How) or BMS Know-How or the identity of any Licensed Compound or Licensed Product, upon request by Elixir. Once any such abstract or manuscript is accepted for publication, BMS will provide Elixir with a copy of the final version of the manuscript or abstract. For clarification, this Section 11.6.1 shall not limit or restrict BMS’s ability to publish or present publicly information on GHS receptor agonists which are not Licensed Compounds or Licensed Products, provided such publication or presentation does not * Confidential Treatment Requested contain Elixir Confidential Information (including BMS Know-How) or identifies any Licensed Compound or Licensed Product. As of the Effective Date, BMS represents and warrants to Elixir that there are no such abstracts, manuscripts or presentations already submitted for publication or in draft form.

Publication by BMS. BMS may publish or present data and/or results relating to a Licensed Compound or Licensed Product in scientific journals and/or at scientific conferences, subject to the prior review and comment by Elixir Pharmacopeia as follows. BMS shall provide Elixir Pharmacopeia with the opportunity to review any proposed abstract, manuscript or presentation which discloses information relating to a Licensed Compound or Licensed Product by delivering a copy thereof to Elixir Pharmacopeia no less than thirty *** (30***) days before its intended submission for publication or presentation. Elixir Pharmacopeia shall have thirty *** (30***) days from its receipt of any such abstract, manuscript or presentation in which to notify BMS in writing of any specific objections to the disclosure, based on either the need to seek patent protection or concern regarding the specific disclosure of Confidential Information of Elixir (including BMS Know-How) or the identity of any Licensed Compound or Licensed Product. In the event Elixir Pharmacopeia objects to the disclosure in writing within such thirty *** (30***) days day period, BMS agrees not to submit the publication or abstract or make the presentation containing the objected-to information until the Parties have agreed to the content of the proposed disclosure, and BMS shall delete from the proposed disclosure any Elixir Pharmacopeia Confidential Information (including BMS Know-How) or BMS Know-How or the identity of any Licensed Compound or Licensed Product, upon reasonable request by ElixirPharmacopeia. Once any such abstract or manuscript is accepted for publication, BMS will provide Elixir Pharmacopeia with a copy of the final version of the manuscript or abstract. For clarification, this Section 11.6.1 11.5.1 shall not limit or restrict BMS’s ’ ability to publish or present publicly information on GHS receptor agonists compounds which are not Licensed Compounds or Licensed Products, provided such publication or presentation does not * Confidential Treatment Requested contain Elixir Pharmacopeia Confidential Information (including BMS Know-How) or identifies identify any Licensed Compound or Licensed Product. As Notwithstanding the foregoing or any other provision of this Agreement (including but not limited to Article 11), BMS shall have the right at its sole discretion to publish or otherwise publicly disclose any licensed BMS Know-How at any time after the second anniversary of the Effective Date, BMS represents and warrants to Elixir that there are no such abstracts, manuscripts or presentations already submitted for publication or in draft form.

Publication by BMS. BMS may publish or present data and/or results relating to a Licensed Compound or Licensed Product in scientific journals and/or at scientific conferences, subject to the prior review and comment approval by Elixir Ambit as follows. BMS shall provide Elixir Ambit with the opportunity to review any proposed abstract, manuscript or presentation which discloses information relating to a Licensed Compound or Licensed Product by delivering a copy thereof to Elixir Ambit no less than thirty (30) days before its intended submission for publication or presentation. Elixir Ambit shall have thirty (30) days from its receipt of any such abstract, manuscript or presentation in which to notify BMS in writing of any specific objections to the disclosure, based on either the need to seek patent protection or concern regarding the specific disclosure of Confidential Information of Elixir (including BMS Know-How) or the identity of any Licensed Compound or Licensed Product. In the event Elixir Ambit objects to the disclosure in writing within such thirty (30) days period, BMS agrees not to submit the publication or abstract or make the presentation containing the objected-to information until the Parties have agreed to the content of the proposed disclosure, and BMS shall delete from the proposed disclosure any Elixir Ambit Confidential Information (including BMS Know-How) or BMS Know-How or the identity of any Licensed Compound or Licensed Product, upon reasonable request by ElixirAmbit. Once any such abstract or manuscript is approved by Ambit and accepted for publication, BMS will provide Elixir Ambit with a copy of the final version of the manuscript or abstract. For clarification, this Section 11.6.1 11.5.1 shall not limit or restrict BMS’s ’ ability to publish or present publicly information on GHS receptor agonists compounds which are not Licensed Compounds or Licensed Products, provided such publication or presentation does not * Confidential Treatment Requested contain Elixir Ambit Confidential Information (including BMS Know-How) or identifies identify any Licensed Compound or Licensed Product. As of the Effective Date, BMS represents and warrants to Elixir that there are no such abstracts, manuscripts or presentations already submitted for publication Product or in draft formany way intentionally adversely affect the Development or Commercialization of a Licensed Compound or Licensed Product or intentionally adversely affect any efforts by Ambit to sublicense a Licensed Compound or Licensed Product under Section 3.1.2.

Publication by BMS. BMS may publish or present data and/or results relating to a Licensed Compound or Licensed Product in scientific journals and/or at scientific conferences, subject to the prior review and comment by Elixir Sunesis as follows. BMS shall provide Elixir Sunesis with the opportunity to review any proposed abstract, manuscript or presentation which discloses information relating to a Licensed Compound or Licensed Product by delivering a copy thereof to Elixir Sunesis no less than thirty (30) days before its intended submission for publication or presentation. Elixir Sunesis shall have thirty (30) days from its receipt of any such abstract, manuscript or presentation in which to notify BMS in writing of any specific objections to the disclosure, based on either the need to seek patent protection or concern regarding the specific disclosure of Confidential Information of Elixir (including BMS Know-How) or the identity of any Licensed Compound or Licensed Product. In the event Elixir Sunesis objects to the disclosure in writing within such thirty (30) days period, BMS agrees not to submit the publication or abstract or make the presentation containing the objected-to information until the Parties have agreed to the content of the proposed disclosure, and BMS shall delete from the proposed disclosure any Elixir Sunesis Confidential Information (including BMS Know-How) or BMS Know-How or the identity of any Licensed Compound or Licensed Product, upon request by ElixirSunesis. Once any such abstract or manuscript is accepted for publication, BMS will provide Elixir Sunesis with a copy of the final version of the manuscript or abstract. For clarification, this Section 11.6.1 11.5.1 shall not limit or restrict BMS’s ’ ability to publish or present publicly information on GHS receptor agonists CDK inhibitors which are not Licensed Compounds or Licensed Products, provided such publication or presentation does not * Confidential Treatment Requested contain Elixir Sunesis Confidential Information (including BMS Know-How) or identifies identify any Licensed Compound or Licensed Product. As of the Effective Date, BMS represents and warrants to Elixir that there are no such abstracts, manuscripts or presentations already submitted for publication or in draft form.

Publication by BMS. BMS may publish or present data and/or results relating to a Licensed Compound or Licensed Product in scientific journals and/or at scientific conferences, subject to the prior review and comment by Elixir Pharmacopeia as follows. BMS shall provide Elixir Pharmacopeia with the opportunity to review any proposed abstract, manuscript or presentation which discloses information relating to a Licensed Compound or Licensed Product by delivering a copy thereof to Elixir Pharmacopeia no less than thirty ** (30**) days before its intended submission for publication or presentation. Elixir Pharmacopeia shall have thirty ** (30**) days from its receipt of any such abstract, manuscript or presentation in which to notify BMS in writing of any specific objections to the disclosure, based on either the need to seek patent protection or concern regarding the specific disclosure of Confidential Information of Elixir (including BMS Know-How) or the identity of any Licensed Compound or Licensed Product. In the event Elixir Pharmacopeia objects to the disclosure in writing within such thirty ** (30**) days day period, BMS agrees not to submit the publication or abstract or make the presentation containing the objected-to information until the Parties have agreed to the content of the proposed disclosure, and BMS shall delete from the proposed disclosure any Elixir Pharmacopeia Confidential Information (including BMS Know-How) or BMS Know-How or the identity of any Licensed Compound or Licensed Product, upon reasonable request by ElixirPharmacopeia. Once any such abstract or manuscript is accepted for publication, BMS will provide Elixir Pharmacopeia with a copy of the final version of the manuscript or abstract. For clarification, this Section 11.6.1 11.5.1 shall not limit or restrict BMS’s ’ ability to publish or present publicly information on GHS receptor agonists compounds which are not Licensed Compounds or Licensed Products, provided such publication or presentation does not * Confidential Treatment Requested contain Elixir Pharmacopeia Confidential Information (including BMS Know-How) or identifies identify any Licensed Compound or Licensed Product. As Notwithstanding the foregoing or any other provision of this Agreement (including but not limited to Article 11), BMS shall have the right at its sole discretion to publish or otherwise publicly disclose any licensed BMS Know-How at any time after the second anniversary of the Effective Date, BMS represents and warrants to Elixir that there are no such abstracts, manuscripts or presentations already submitted for publication or in draft form.