Common use of Publications and Presentations Clause in Contracts

Publications and Presentations. The Parties acknowledge that scientific lead-time is a key element of the value of the activities during the Antigen Designation Term and under each Research Program and each Development Program and further agree that scientific publications must be strictly monitored to prevent any adverse effect from premature publication of results of such activities. Accordingly, (a) neither Party shall publish, present or otherwise publicly disclose any Antigen-Specific Technology, Collaboration Technology or Development Program Technology relating to a Collaboration Antigen, without the prior written consent of the other Party, until the designation of a Candidate Drug that binds to and is directed against such Collaboration Antigen; (b) ABX shall not publish, present or otherwise publicly disclose any Antigen-Specific Technology, Collaboration Technology, Development Program Technology, Additional Development Program Technology or other AZ Information relating to a Collaboration Antigen without the prior written consent of AZ, after the designation of a Candidate Drug that binds to and is directed against such Collaboration Antigen, until such Collaboration Antigen is designated (i) a Failed Antigen subject to Section 4.15, (ii) a Discontinued Antigen for which ABX has provided an Exercise Notice within the applicable one (1) year period and then only with respect to such Collaboration Technology, Development Program Technology and Additional Development Program Technology relating to Candidate Drugs that bind to and are directed against such Discontinued Antigen, or (iii) a Discontinued Antigen for which ABX has not provided an Exercise Notice and then only with respect to such ABX Antigen-Specific Know-How Rights and ABX Antigen-Specific Patent Rights and Collaboration Technology that does not relate to Candidate Drugs that bind to and are directed against such Discontinued Antigen; and (c) AZ shall not publish, present or otherwise publicly disclose any Collaboration Technology, Development Program Technology or Additional Development Program Technology relating to a Failed Antigen during the one (1) year period in which ABX is independently pursuing such Failed Antigen pursuant to Section 4.15 or a Discontinued Antigen for which ABX has provided an Exercise Notice within the applicable one (1) year period, in each case, only with respect to such Collaboration Technology, Development Program Technology and Additional Development Program Technology that relates to Candidate Drugs that bind to and are directed against such Failed Antigen or Discontinued Antigen, as applicable, without the prior written consent of ABX.

Publications and Presentations. The Parties acknowledge that scientific lead-time is a key element of the value of the activities during the Antigen Designation Term and under each Research Program and each Development Program and further agree that scientific publications must be strictly monitored to prevent any adverse effect from premature publication or dissemination of results of such activitiesthe activities hereunder or prepublication of patentable data and content. Accordingly, (a) neither Party shall publish, present or otherwise publicly disclose any AntigenIt is agreed that both Parties may issue press releases only pursuant to Section 7.2. As long as ImmunoGen has not exercised a Co-Specific Technology, Collaboration Technology or Development Program Technology relating Option to a Licensed Product, Biotest shall be entitled to publish details, data and/or results on the Research Program or the Development Program, e.g., in scientific articles or oral presentations, pursuant to this Section 7.3. Provided that ImmunoGen has exercised a Co-Development Option to a Licensed Product both Parties shall be entitled to publish in full range on the respective Licensed Product only pursuant to this Section 7.3. Except as required by Applicable Laws, each Party agrees that it shall not publish or present, or permit to be published or presented, the results of the Research Program or the Development or Commercialization of a Licensed Product, including but not limited to, studies or clinical trials carried out by such Party as part of the Collaboration Antigenunder this Agreement, without the prior review by and the approval of, the JDC, with respect to Development activities or, provided that ImmunoGen has exercised a Co-Development Option and a JMC has been established, the JMC, with respect to Commercialization activities. Each Party shall provide to the JDC the opportunity to review any of the submitting Party’s proposed abstracts, manuscripts or presentations (including information to be presented verbally) which relate to the Research Program or the Development or Commercialization of a Licensed Product at least [***] ([***]) days prior to its intended presentation or submission for publication, and such submitting Party agrees, upon written consent request from the JDC within such [***] ([***]) day period, not to submit such abstract or manuscript for publication or to make such presentation until the other Party is given up to [***] ([***]) days from the date of such written request to seek appropriate patent protection for any material in such publication or presentation which the JDC reasonably believes is patentable. Once such abstracts, manuscripts or presentations have been reviewed by the JDC, the same abstracts, manuscripts or presentations do not have to be provided again to the JDC for review for a later submission for publication. Each Party also shall have the right to require that its Confidential Information that is disclosed in any such proposed publication or presentation be deleted prior to such publication or presentation. In any permitted publication or presentation by a Party, the other Party’s contribution shall be duly recognized, until and co-authorship shall be determined in accordance with customary industry standards. Portions of this Exhibit were omitted and have been filed separately with the designation Secretary of a Candidate Drug that binds to and is directed against such Collaboration Antigen; (b) ABX shall not publish, present or otherwise publicly disclose any Antigen-Specific Technology, Collaboration Technology, Development Program Technology, Additional Development Program Technology or other AZ Information relating to a Collaboration Antigen without the prior written consent of AZ, after the designation of a Candidate Drug that binds to and is directed against such Collaboration Antigen, until such Collaboration Antigen is designated (i) a Failed Antigen subject to Section 4.15, (ii) a Discontinued Antigen for which ABX has provided an Exercise Notice within the applicable one (1) year period and then only with respect to such Collaboration Technology, Development Program Technology and Additional Development Program Technology relating to Candidate Drugs that bind to and are directed against such Discontinued Antigen, or (iii) a Discontinued Antigen for which ABX has not provided an Exercise Notice and then only with respect to such ABX Antigen-Specific Know-How Rights and ABX Antigen-Specific Patent Rights and Collaboration Technology that does not relate to Candidate Drugs that bind to and are directed against such Discontinued Antigen; and (c) AZ shall not publish, present or otherwise publicly disclose any Collaboration Technology, Development Program Technology or Additional Development Program Technology relating to a Failed Antigen during the one (1) year period in which ABX is independently pursuing such Failed Antigen Commission pursuant to Section 4.15 or a Discontinued Antigen for which ABX has provided an Exercise Notice within the applicable one (1) year period, in each case, only with respect to such Collaboration Technology, Development Program Technology and Additional Development Program Technology that relates to Candidate Drugs that bind to and are directed against such Failed Antigen or Discontinued Antigen, as applicable, without Company’s application requesting confidential treatment under Rule 24b-2 of the prior written consent Securities Exchange Act of ABX1934.

Publications and Presentations. The Parties acknowledge that scientific lead-time is a key element of the value of the activities during the Antigen Designation Term and under each Research Program and each Development Program and further agree that scientific publications must be strictly monitored to prevent any adverse effect from premature publication or dissemination of results of such activitiesthe activities hereunder or prepublication of patentable data and content. Accordingly, (a) neither Party shall publish, present or otherwise publicly disclose any AntigenIt is agreed that both Parties may issue press releases only pursuant to Section 7.2. As long as ImmunoGen has not exercised a Co-Specific Technology, Collaboration Technology or Development Program Technology relating Option to a Licensed Product, Biotest shall be entitled to publish details, data and/or results on the Research Program or the Development Program, e.g., in scientific articles or oral presentations, pursuant to this Section 7.3. Provided that ImmunoGen has exercised a Co-Development Option to a Licensed Product both Parties shall be entitled to publish in full range on the respective Licensed Product only pursuant to this Section 7.3. Except as required by Applicable Laws, each Party agrees that it shall not publish or present, or permit to be published or presented, the results of the Research Program or the Development or Commercialization of a Licensed Product, including but not limited to, studies or clinical trials carried out by such Party as part of the Collaboration Antigenunder this Agreement, without the prior review by and the approval of, the JDC, with respect to Development activities or, provided that ImmunoGen has exercised a Co-Development Option and a JMC has been established, the JMC, with respect to Commercialization activities. Each Party shall provide to the JDC the opportunity to review any of the submitting Party’s proposed abstracts, manuscripts or presentations (including information to be presented verbally) which relate to the Research Program or the Development or Commercialization of a Licensed Product at least [***] ([***]) days prior to its intended presentation or submission for publication, and such submitting Party agrees, upon written consent request from the JDC within such [***] ([***]) day period, not to submit such abstract or manuscript for publication or to make such presentation until the other Party is given up to [***] ([***]) days from the date of such written request to seek appropriate patent protection for any material in such publication or presentation which the JDC reasonably believes is patentable. Once such abstracts, manuscripts or presentations have been reviewed by the JDC, the same abstracts, manuscripts or presentations do not have to be provided again to the JDC for review for a later submission for publication. Each Party also shall have the right to require that its Confidential Information that is disclosed in any such proposed publication or presentation be deleted prior to such publication or presentation. In any permitted publication or presentation by a Party, the other Party’s contribution shall be duly recognized, until the designation of a Candidate Drug that binds to and is directed against such Collaboration Antigen; (b) ABX co-authorship shall not publish, present or otherwise publicly disclose any Antigen-Specific Technology, Collaboration Technology, Development Program Technology, Additional Development Program Technology or other AZ Information relating to a Collaboration Antigen without the prior written consent of AZ, after the designation of a Candidate Drug that binds to and is directed against such Collaboration Antigen, until such Collaboration Antigen is designated (i) a Failed Antigen subject to Section 4.15, (ii) a Discontinued Antigen for which ABX has provided an Exercise Notice within the applicable one (1) year period and then only be determined in accordance with respect to such Collaboration Technology, Development Program Technology and Additional Development Program Technology relating to Candidate Drugs that bind to and are directed against such Discontinued Antigen, or (iii) a Discontinued Antigen for which ABX has not provided an Exercise Notice and then only with respect to such ABX Antigen-Specific Know-How Rights and ABX Antigen-Specific Patent Rights and Collaboration Technology that does not relate to Candidate Drugs that bind to and are directed against such Discontinued Antigen; and (c) AZ shall not publish, present or otherwise publicly disclose any Collaboration Technology, Development Program Technology or Additional Development Program Technology relating to a Failed Antigen during the one (1) year period in which ABX is independently pursuing such Failed Antigen pursuant to Section 4.15 or a Discontinued Antigen for which ABX has provided an Exercise Notice within the applicable one (1) year period, in each case, only with respect to such Collaboration Technology, Development Program Technology and Additional Development Program Technology that relates to Candidate Drugs that bind to and are directed against such Failed Antigen or Discontinued Antigen, as applicable, without the prior written consent of ABXcustomary industry standards.

Publications and Presentations. The Parties acknowledge that scientific lead-time is In the event Biogen wishes to make a key element publication or public presentation related to this Agreement, Biogen shall deliver to Intec Pharma a copy of the value proposed written publication or an outline of the proposed oral presentation at least thirty (30) days (or, in the case of consulting or Third Party research agreements, such shorter period as required by the consulting or other research agreement) prior to submission for publication or presentation. Intec Pharma shall have the right to delay such proposed publication or presentation for up to sixty (60) days (or, in the case of consulting or Third Party research agreements, such shorter period as required by the consulting or other research agreement) in order to file patent applications protecting Intec Pharma’s rights in any information included in such proposed publication or presentation to the extent such filings are consistent with Section 7.1.1 (Intec Pharma Prosecution Rights), and Intec Pharma shall have the right to request the removal or redaction of any of its Confidential Information in any such proposed publication or presentation. Intec Pharma shall not make any publication or public presentation related to this Agreement or any activities during the Antigen Designation Term and under each Research Program and each Development Program and further agree hereunder, except for such publications or public presentations that scientific publications must be strictly monitored to prevent any adverse effect from premature publication of results of such activities. Accordingly, (a) neither Party shall publish, present or otherwise publicly disclose any Antigen-Specific Technology, Collaboration Technology or Development Program Technology relating relate solely to a Collaboration Antigen, without the prior written consent general applicability of the other Party, until the designation of a Candidate Drug that binds to Accordion Pill System and is directed against such Collaboration Antigen; (b) ABX shall do not publishdirectly or indirectly identify Biogen, present or otherwise publicly disclose any Antigen-Specific Technologythe Product, Collaboration Technology, Development Program Technology, Additional Development Program the Agreement “[***]” Technology or other AZ Information relating to a Collaboration Antigen without any specific activities conducted under the prior written consent of AZ, after the designation of a Candidate Drug that binds to and is directed against such Collaboration Antigen, until such Collaboration Antigen is designated Research Plan. NOTE: PORTIONS OF THIS EXHIBIT ARE THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST BY THE REGISTRANT TO THE SECURITIES AND EXCHANGE COMMISSION (i) a Failed Antigen subject to Section 4.15, (ii) a Discontinued Antigen for which ABX has provided an Exercise Notice within the applicable one (1) year period and then only with respect to such Collaboration Technology, Development Program Technology and Additional Development Program Technology relating to Candidate Drugs that bind to and are directed against such Discontinued Antigen, or (iii) a Discontinued Antigen for which ABX has not provided an Exercise Notice and then only with respect to such ABX Antigen-Specific Know-How Rights and ABX Antigen-Specific Patent Rights and Collaboration Technology that does not relate to Candidate Drugs that bind to and are directed against such Discontinued Antigen; and (c) AZ shall not publish, present or otherwise publicly disclose any Collaboration Technology, Development Program Technology or Additional Development Program Technology relating to a Failed Antigen during the one (1) year period in which ABX is independently pursuing such Failed Antigen pursuant to Section 4.15 or a Discontinued Antigen for which ABX has provided an Exercise Notice within the applicable one (1) year period, in each case, only with respect to such Collaboration Technology, Development Program Technology and Additional Development Program Technology that relates to Candidate Drugs that bind to and are directed against such Failed Antigen or Discontinued Antigen, as applicable, without the prior written consent of ABX“COMMISSION”). SUCH PORTIONS HAVE BEEN REDACTED AND FILED SEPARATELY WITH THE COMMISSION AND ARE MARKED WITH A “[***]” IN PLACE OF THE REDACTED LANGUAGE.