Common use of Publicity Review Clause in Contracts

Publicity Review. The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant developments regarding the Product and other activities in connection with this Agreement that may reflect the terms of this Agreement or information that is not otherwise permitted to be disclosed under this Article 11, beyond what is required by Applicable Law, and each Party may make such disclosures from time to time with the approval of the other Party, which approval shall not be unreasonably withheld or delayed. Such disclosures may include, without limitation, achievement of milestones, significant events in the development and regulatory process, commercialization activities and the like. When a Party (the “Requesting Party”) elects to make any such public disclosure under this Section 11.5, it will give the other Party (the “Cooperating Party”) at [… * …] notice to review and comment on such statement, it being understood that if the Cooperating Party does not notify the Requesting Party in writing within such [… * …] period of any reasonable objections, as contemplated in this Section 11.5, such disclosure shall be deemed approved, and in any event the Cooperating Party shall work diligently and reasonably to agree on the text of any proposed disclosure in an expeditious manner. The principles to be observed in such disclosures shall be accuracy, compliance with Applicable Law, reasonable sensitivity to potential negative reactions of the FDA (and its foreign counterparts) and the need to keep investors informed regarding the Requesting Party’s business. Accordingly, the Cooperating Party shall not withhold its approval of a proposed disclosure that complies with such principles.

Appears in 2 contracts

Samples: Certain (Xenoport Inc), Certain (Xenoport Inc)

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Publicity Review. The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant developments regarding the Product and other activities in connection with this Agreement that may reflect the terms of this Agreement or information that is not otherwise permitted to be disclosed under this Article 1110, beyond what is required by Applicable Lawlaw, and each Party may make such disclosures from time to time with the approval of the other Party, which approval shall not be unreasonably withheld or delayed. Such disclosures may include, without limitation, achievement of milestones, significant events in the development and regulatory process, commercialization activities and the like. When a Party (the “Requesting Party”) elects to make any such public disclosure under this Section 11.510.5, it will give the other Party (the “Cooperating Party”) at [… * …] least five (5) business days’ notice to review and comment on such statement, it being understood that if the Cooperating Party does not notify the Requesting Party in writing within such [… * …] five day period of any reasonable objections, as contemplated in this Section 11.510.5, such disclosure shall be deemed approved, and in any event the Cooperating Party shall work diligently and reasonably to agree on the text of any proposed disclosure in an expeditious manner. The principles to be observed in such disclosures shall be accuracy, compliance with Applicable Lawapplicable law and regulatory guidance documents, reasonable sensitivity to potential negative reactions of the FDA (and its foreign counterparts) and the need to keep investors informed regarding the Requesting Party’s 's business. Accordingly, the Cooperating Party shall not withhold its approval of a proposed disclosure that complies with such principles.

Appears in 2 contracts

Samples: License and Collaboration Agreement, License and Collaboration Agreement (Inovio Pharmaceuticals, Inc.)

Publicity Review. The Parties acknowledge the importance of supporting each other’s 's efforts to publicly disclose results and significant developments regarding the Product Licensed Products, CK Products and other activities in connection with this Agreement that may reflect the terms of this Agreement or information that is not otherwise permitted to be disclosed under this Article 11Agreement, beyond what is required by Applicable Lawlaw, and each Party may make such disclosures from time to time with the approval of the other Party, which approval shall not be unreasonably withheld or delayed. Such disclosures may include, without limitation, achievement of milestonesResearch Performance Milestones, Development Milestones, significant events in the research, development and regulatory processprocess with respect to such a Development Compound, Licensed Product or CK Product, commercialization activities and the like. When a Party (the "Requesting Party") elects to make any such public disclosure under this Section 11.512.1.2, it will give the other Party (the "Cooperating Party") at [… * …] least five (5) business days notice to review and comment on such statement, it being understood that if the Cooperating Party does not notify the Requesting Party in writing within such [… * …] five day period of any reasonable objections, as contemplated in this Section 11.512.1.2, such disclosure shall be deemed approved, and in any event the Cooperating Party shall work diligently and reasonably to agree on the text of any proposed disclosure in an expeditious manner. The principles to be observed in such disclosures shall be accuracy, compliance with Applicable Lawapplicable law and regulatory guidance documents, reasonable sensitivity to potential negative reactions of the FDA (and its foreign counterparts) and the need to keep investors informed regarding the Requesting Party’s 's business. Accordingly, the Cooperating Party shall not withhold its approval of a proposed disclosure that complies with such principles.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Cytokinetics Inc), Collaboration and License Agreement (Cytokinetics Inc)

Publicity Review. The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant developments regarding Licensed Products in the Product Field and other activities in connection with this Agreement that may reflect the terms of this Agreement or information that is not otherwise permitted to be disclosed under this Article 11Agreement, beyond what is may be strictly required by Applicable Lawapplicable law or regulation, and each Party may make such disclosures from time to time with the approval of the other Party, which approval shall not be unreasonably withheld withheld, conditioned or delayed. Such disclosures may include, without limitation, include achievement of milestones, significant events in the development Development (including regulatory process and regulatory process, commercialization activities and occurrence of Milestone Events) or Commercialization of Licensed Products in the likeField hereunder or receipt of payments. When a Party (the “Requesting Party”) elects to make any such public disclosure under this Section 11.510.4.2, it will give the other Party (the “Cooperating Party”) at [… * …] reasonable notice to review and comment on such statement, it being understood that if the Cooperating Party does not notify the Requesting Party in writing within five (5) business day period or such [… * …] shorter period if required by applicable law of any reasonable objections, as contemplated in this Section 11.510.4.2, such disclosure shall be deemed approved, and in any event the Cooperating Party shall work diligently and reasonably to agree on the text of any proposed disclosure in an expeditious manner. The principles to be observed in such disclosures shall be accuracy, compliance with Applicable Lawapplicable laws, rules, regulations and regulatory guidance documents, reasonable sensitivity to potential negative reactions of applicable Regulatory Authorities (including the FDA (and its foreign counterparts) FDA), the potential loss of competitive advantage by publishing confidential information regarding the status of development efforts and/or commercialization plans prematurely, and the need to keep investors and others informed regarding the Requesting Party’s business. Accordingly, the Cooperating Party shall not withhold withhold, condition or delay its approval of a proposed disclosure that complies with such principles.

Appears in 2 contracts

Samples: Collaboration and License Agreement (NovaBay Pharmaceuticals, Inc.), Collaboration and License Agreement (NovaBay Pharmaceuticals, Inc.)

Publicity Review. The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant developments regarding the Product and other activities in connection with this Agreement that may reflect the terms of this Agreement or information that is not otherwise permitted to be disclosed under this Article 11, beyond what is required by Applicable Law, and each Party may make such disclosures from time to time with the approval of the other Party, which approval shall not be unreasonably withheld or delayed. Such disclosures may include, without limitation, achievement of milestones, significant events in the development and regulatory process, commercialization activities and the like. When a Party (the “Requesting Party”) elects to make any such public disclosure under this Section 11.5, it will give the other Party (the “Cooperating Party”) at least [... * ...] notice to review and comment on such statement, it being understood that if the Cooperating Party does not notify the Requesting Party in writing within such [... * ...] period of any reasonable objections, as contemplated in this Section 11.5, such disclosure shall be deemed approved, and in any event the Cooperating Party shall work diligently and reasonably to agree on the text of any proposed disclosure in an expeditious manner. The principles to be observed in such disclosures shall be accuracy, compliance with Applicable Law, reasonable sensitivity to potential negative reactions of the FDA (and its foreign counterparts) and the need to keep investors informed regarding the Requesting Party’s business. Accordingly, the Cooperating Party shall not withhold its approval of a proposed disclosure that complies with such principles.

Appears in 1 contract

Samples: Development and Commercialization Agreement (Xenoport Inc)

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Publicity Review. The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant developments regarding Product within the Product Field in the Territory and other activities in connection with this Agreement that may reflect the terms of this Agreement or information that is not otherwise permitted to be disclosed under this Article 11Agreement, beyond what is may be strictly required by Applicable LawLaw and the rules of recognized stock exchanges. If, and each Party may make such disclosures from time to time time, a Party wishes to make any such disclosure which is not strictly required by Applicable Law or the rules of recognized stock exchanges it shall provide the other Party with written details of the approval of proposed disclosure and shall only make such disclosure if it has received the other Party, which approval shall ’s prior written consent (not to be unreasonably withheld withheld, conditioned or delayed). Such disclosures may include, without limitation, include disclosures relating to achievement of milestones, significant events in the development Development (including regulatory process and regulatory processoccurrence of Marketing Approval for Product within the Field in the Territory) or Commercialization of Product within the Field in the Territory hereunder. Unless otherwise requested by MSB, commercialization activities Grünenthal shall indicate that MSB is the owner and innovator of Product and the like. When a Party (the “Requesting Party”) elects to make any such Product Technology in each public disclosure under regarding Product issued by Grünenthal pursuant to this Section 11.5, it will give the other Party (the “Cooperating Party”) at [… * …] notice to review and comment on such statement, it being understood that if the Cooperating Party does not notify the Requesting Party in writing within such [… * …] period of any reasonable objections, as contemplated in this Section 11.5, such disclosure shall be deemed approved, and in any event the Cooperating Party shall work diligently and reasonably to agree on the text of any proposed disclosure in an expeditious manner11.5.2. The principles to be observed by each Party in such disclosures shall be accuracy, compliance with Applicable LawLaw and regulatory guidance documents, reasonable sensitivity to potential negative reactions of the FDA (and its foreign counterparts) applicable Regulatory Authorities and the need to keep investors and others informed regarding the Requesting requesting Party’s business, including as required by the rules of recognized stock exchanges. AccordinglyFor the avoidance of doubt, nothing in this Section 11.5 shall prevent a Party from making any disclosure required by Applicable Law or the Cooperating Party shall not withhold its approval rules of a proposed disclosure that complies with such principlesrecognized stock exchanges.

Appears in 1 contract

Samples: Development and Commercialization Agreement (Mesoblast LTD)

Publicity Review. The Parties acknowledge the importance of supporting each other’s 's efforts to publicly disclose results and significant developments regarding the Product Licensed Products, CK Products and other activities in connection with this Agreement that may reflect the terms of this Agreement or information that is not otherwise permitted to be disclosed under this Article 11Agreement, beyond what is required by Applicable Lawlaw, and each Party may make such disclosures from time to time with the approval of the other Party, which approval shall not be unreasonably withheld or delayed. Such disclosures may include, without limitation, achievement of milestonesResearch Performance Milestones, Development Milestones, significant events in the research, development and regulatory processprocess with respect to such a Development Compound, Licensed Product or CK Product, commercialization activities and the like. When a Party (the "Requesting Party") elects to make any such public disclosure under this Section 11.512.1.2, it will give the other Party (the "Cooperating Party") at [… * …] least five (5) business days notice to review and comment on such statement, it being understood that if the Cooperating Party does not notify the Requesting Party in writing within such [… * …] five day period of any reasonable objections, as contemplated in this Section 11.512.1.2, such disclosure shall be deemed approved, and in any event the Cooperating Party shall work diligently and reasonably to agree on the text of any proposed disclosure in an expeditious manner. The principles to be observed in such disclosures shall be accuracy, compliance with Applicable Lawapplicable law and regulatory guidance documents, reasonable sensitivity to potential negative reactions of the FDA EDA (and its foreign counterparts) and the need to keep investors informed regarding the Requesting Party’s 's business. Accordingly, the Cooperating Party shall not withhold its approval of a proposed disclosure that complies with such principles.

Appears in 1 contract

Samples: Collaboration and License Agreement (Cytokinetics Inc)

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