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 developed in the BMS Retained Field in scientific journals and/or at scientific conferences, subject to the prior review and comment by Elixir ITI as follows. BMS shall provide Elixir ITI 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 ITI [***] (30[***]) days [***] before its intended submission for publication or presentation. Elixir ITI 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 ITI, BMS Know-How) How or the identity of any Licensed Compound or Licensed Product. In the event Elixir ITI objects to the disclosure in writing within such thirty [***] (30[***]) days [***] period, BMS agrees shall delete from the proposed disclosure any ITI Confidential Information, any BMS Know-How and the identity of any Licensed Compound or Licensed Product (other than Licensed Compounds for which BMS has first filed an IND pursuant to Section 2.8) upon request by ITI and, in the event of an objection based on the need to seek patent protection, BMS shall not to submit the publication or abstract or make the presentation containing the objected-to information until the Parties have agreed for a period of [***] ([***]) [***] 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 Elixirprovide an opportunity to seek patent protection. Once any such abstract or manuscript is accepted for publication, BMS will shall provide Elixir ITI 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 compounds which are not Licensed Compounds or Licensed Products, provided such publication or presentation does not * Confidential Treatment Requested contain Elixir ITI Confidential Information (including BMS Know-How) or identifies identify any Licensed Compound or Licensed Product. As of the Effective DateNotwithstanding anything in this Section 11.6.1, BMS represents and warrants shall not have the right to Elixir that there are no such abstractsmake any publications with respect to Licensed Compounds for which ITI has first filed an IND as provided in Section 2.8, manuscripts or presentations already submitted for publication or in draft formwith respect to Excluded Compounds.

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 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.