Common use of Publicity; Publications Clause in Contracts

Publicity; Publications. The Parties, upon the execution of this Agreement, shall jointly issue a press release with respect to this Agreement and such press release shall be in substantially the form set forth as Exhibit A attached hereto with the final version subject to the mutual agreement of the Parties. Either Party may make subsequent public disclosure of the contents of such press release without further approval of the other Party. Subject to the foregoing, except as required by applicable Laws (including those relating to disclosure of material information to investors), neither Party shall issue a press or news release or make any similar public announcement (it being understood that publication in scientific journals, presentation at scientific conferences and meetings and the like are not subject to this Section 7.5) related to the terms or existence of this Agreement or the conduct of the Development program or the Commercialization of Licensed Products without the prior written consent of the other Party (a “Required Disclosure”). For all such Required Disclosures the Party making the Required Disclosure shall use best efforts to (a) provide the other Party with notice and a copy of such proposed disclosure as far in advance of such filing or other disclosure as is reasonably practicable under the circumstances, and (b) provide the other Party a reasonable opportunity to request confidential treatment or review and comment on such communications. Notwithstanding anything to the contrary herein, if a Party seeking to make a disclosure required by applicable Law as set forth in this Section 7.5, and the other Party provides comments, the Party seeking to make such disclosure or its counsel, as the case may be, will in good faith (i) consider incorporating such comments and (ii) use reasonable efforts to incorporate such comments, limit disclosure or obtain confidential treatment to the extent reasonably requested by the other Party. Once any press release or any other written statement is approved for disclosure by both Parties, either Party may make subsequent public disclosure of the contents of such statement without the further approval of the other Party. Neither Party shall use the name of the other Party or its Affiliates in relation to this transaction in any public announcement, press release, publication or other public document without the prior written consent of such other Party; provided, however, that either Party may use the name of the other Party in any document filed with any Governmental Body or as otherwise permitted under this Agreement, including in this Article VII; provided further that FBIO may use the name and any logo of Cephalon to identify Cephalon as a partner of FBIO on any website of FBIO in a manner agreed to in writing in advance of such use by Cephalon. Without limiting the foregoing, FBIO shall use reasonable efforts to provide Cephalon with a copy (to the attention of “Alliance Management” pursuant to Section 11.7) of each abstract, presentation, manuscript and similar materials intended to be published or presented by FBIO or its Affiliates or Sublicensees in any medium or forum within ten (10) Business Days of publishing or presenting such materials.

Publicity; Publications. The PartiesNeither Party will use the name, upon the execution of this Agreementinsignia, shall jointly issue a press release with respect to this Agreement and such press release shall be in substantially the form set forth as Exhibit A attached hereto with the final version subject to the mutual agreement of the Parties. Either Party may make subsequent public disclosure of the contents of such press release without further approval symbol, trademark, trade name, or logotype of the other Party. Subject to the foregoingParty or its Affiliates in any publication, except as required by applicable Laws (including those relating to disclosure press release, promotional material, external presentation or other form of material information to investors), neither Party shall issue a press or news release or make any similar public announcement (it being understood that publication in scientific journals, presentation at scientific conferences and meetings and the like are not subject to this Section 7.5) related to the terms or existence of this Agreement or the conduct of the Development program or the Commercialization of Licensed Products publicity without the prior written consent of the other Party, and neither Party (a “Required Disclosure”). For all such Required Disclosures the Party making the Required Disclosure shall use best efforts to (a) provide will identify the other Party with notice and a copy as an actual or potential investor, strategic or collaboration partner, licensee, or acquirer of such proposed disclosure as far in advance of such filing or other disclosure as is reasonably practicable under the circumstances, and (b) provide the other Party a reasonable opportunity to request confidential treatment or review and comment on such communications. Notwithstanding anything to the contrary herein, if a Party seeking to make a disclosure required by applicable Law as set forth in this Section 7.5, and the other Party provides comments, the Party seeking to make such disclosure or its counsel, as the case may be, will in good faith (i) consider incorporating such comments and (ii) use reasonable efforts to incorporate such comments, limit disclosure or obtain confidential treatment to the extent reasonably requested by the other Party. Once any press release or any other written statement is approved for disclosure by both Parties, either Party may make subsequent public disclosure of the contents of such statement without the further approval of the other Party. Neither Party shall use the name of the other Party or its Affiliates in relation to this transaction in any public announcement, press release, publication or other public document without the prior written consent of such the other Party; provided, howeverexcept for those disclosures authorized under Section 9.2 or Section 9.4 or made pursuant to this Section 9.5. Each Party agrees not to issue any other press release or other public statement disclosing other information relating to this Agreement or the transactions contemplated hereby, that either Party may use including the name Discovery Data, without the prior written consent of the other Party Party, which consent will not be unreasonably withheld, conditioned, or delayed. Notwithstanding any provision to the contrary set forth in any document filed with any Governmental Body or as otherwise permitted under this Agreement, including in any disclosure that is required by Law or the rules of a securities exchange, as reasonably advised by the disclosing Party’s counsel, may be made subject to the following terms of this Article VII; provided further Section 9.5. The Parties agree that FBIO may use any such announcement will not contain business or technical information that is the name and any logo Confidential Information of Cephalon the Party not subject to identify Cephalon as a partner of FBIO on any website of FBIO in a manner agreed to in writing in advance such disclosure obligation and, if disclosure of such use business or technical information is required by Cephalon. Without limiting Law, then the foregoing, FBIO shall Parties will use reasonable efforts to minimize such disclosure and obtain confidential treatment for any such information that is disclosed to a Governmental Authority. Each Party agrees to provide Cephalon with to the other Party a copy (of any public announcement or disclosure required by Law regarding this Agreement or the subject matter thereof as soon as reasonably practicable under the circumstances prior to its scheduled release or disclosure. Each Party will use Commercially Reasonable Efforts to provide the attention other Party with an advance copy of “Alliance Management” pursuant any such announcement or disclosure required by Law at least [***] prior to Section 11.7) its scheduled release or disclosure. Each Party will have the right to expeditiously review and recommend changes to any such announcement or disclosure and, except as otherwise required by Law or on the advice of each abstractthe Party’s counsel whose announcement or disclosure has been reviewed, presentation, manuscript and similar materials intended such Party will remove any information the reviewing Party reasonably deems to be published inappropriate for disclosure. The contents of any announcement, similar publicity, or presented disclosure that has been reviewed and approved by FBIO or its Affiliates or Sublicensees in any medium or forum within ten (10) Business Days of publishing or presenting the reviewing Party can be re-released by either Party without a requirement for re-approval so long as such materialsinformation remains accurate and reasonably up to date so as not to be misleading.

Publicity; Publications. The PartiesNeither Party will use the name, upon the execution of this Agreementinsignia, shall jointly issue a press release with respect to this Agreement and such press release shall be in substantially the form set forth as Exhibit A attached hereto with the final version subject to the mutual agreement of the Parties. Either Party may make subsequent public disclosure of the contents of such press release without further approval symbol, trademark, trade name, or logotype of the other Party. Subject to the foregoingParty or its Affiliates in any publication, except as required by applicable Laws (including those relating to disclosure press release, promotional material, or other form of material information to investors), neither Party shall issue a press or news release or make any similar public announcement (it being understood that publication in scientific journals, presentation at scientific conferences and meetings and the like are not subject to this Section 7.5) related to the terms or existence of this Agreement or the conduct of the Development program or the Commercialization of Licensed Products publicity without the prior written consent of the other Party Party, except for those disclosures authorized under Section 5.2 (a “Exceptions) or Section 5.4 (Required Disclosure”) or made pursuant to this Section 5.5 (Publicity). For all such Required Disclosures the Each Party making the Required Disclosure shall use best efforts agrees not to (a) provide the issue any other Party with notice and a copy of such proposed disclosure as far in advance of such filing or other disclosure as is reasonably practicable under the circumstances, and (b) provide the other Party a reasonable opportunity to request confidential treatment or review and comment on such communications. Notwithstanding anything to the contrary herein, if a Party seeking to make a disclosure required by applicable Law as set forth in this Section 7.5, and the other Party provides comments, the Party seeking to make such disclosure or its counsel, as the case may be, will in good faith (i) consider incorporating such comments and (ii) use reasonable efforts to incorporate such comments, limit disclosure or obtain confidential treatment to the extent reasonably requested by the other Party. Once any press release or any other written public statement is approved for disclosure by both Parties, either Party may make subsequent public disclosure of the contents of such statement without the further approval of the disclosing other Party. Neither Party shall use the name of the other Party or its Affiliates in relation information relating to this transaction in any public announcementAgreement or the transactions contemplated hereby, press releaseincluding the Discovery Data, publication or other public document without the prior written consent of such the other Party; provided, howeverwhich consent will not be unreasonably withheld, that either Party may use conditioned, or delayed. Notwithstanding any provision to the name of the other Party contrary set forth in any document filed with any Governmental Body or as otherwise permitted under this Agreement, including in any disclosure that is required by Law or the rules of a securities exchange, as reasonably advised by the disclosing Party’s counsel, may be made subject to the following terms of this Article VII; provided further Section 5.5 (Publicity). The Parties agree that FBIO may use any such announcement will not contain business or technical information that is the name and any logo Confidential Information of Cephalon the Party not subject to identify Cephalon as a partner of FBIO on any website of FBIO in a manner agreed to in writing in advance such disclosure obligation and, if disclosure of such use business or technical information is required by Cephalon. Without limiting Law, then the foregoing, FBIO shall Parties will use reasonable efforts to minimize such disclosure and obtain confidential treatment for any such information that is disclosed to a Governmental Authority. Each Party agrees to provide Cephalon with to the other Party a copy of any public announcement or disclosure required by Law regarding this Agreement or the subject matter thereof as soon as reasonably practicable under the circumstances prior to its scheduled release or disclosure. Except under extraordinary circumstances, each Party will provide the other Party with an advance copy of any such announcement or disclosure required by Law at least seven (to the attention of “Alliance Management” pursuant to Section 11.7) of each abstract, presentation, manuscript and similar materials intended to be published or presented by FBIO or its Affiliates or Sublicensees in any medium or forum within ten (107) Business Days prior to its scheduled release or disclosure. Each Party will have the right to expeditiously review and recommend changes to any such announcement or disclosure and, except as otherwise required by Law or on the advice of publishing the Party’s counsel whose announcement or presenting disclosure has been reviewed, such materialsParty will remove any information the reviewing Party reasonably deems to be inappropriate for disclosure. The contents of any announcement, similar publicity, or disclosure that has been reviewed and approved by the reviewing Party can be re-released by either Party without a requirement for re- approval so long as such information remains accurate and reasonably up to date so as not to be misleading. The Parties agree that they may collaborate on a joint publication and/or presentation with respect to the Discovery Data results or conclusions. With respect to any publication, the Parties agree to cooperate with each other should they decide to so jointly publish and/or present. Notwithstanding the foregoing, if one Party proposes to separately publish any results or conclusions from the Discovery Data, it must allow the other Party to review any proposed publication thirty (30) days prior to submitting it for publication. If within said period, the reviewing Party notifies the other Party hereto in writing that it wishes publication of identified portions to be delayed in order to protect proprietary information or intellectual property that may be disclosed by the publication or to prepare and file a patent application, the Party so notified will use its best efforts to cause publication to be delayed for up to an additional sixty (60) days.