Common use of Publicity Review Clause in Contracts

Publicity Review. The Parties agree that the public announcement of the execution of this Agreement shall be in the form of press releases issued by each of the Parties to be agreed upon on or before the Effective Date and thereafter each Party shall be entitled to make or publish any public statement consistent with the contents thereof. Thereafter, the Parties will jointly discuss and agree, based on the principles of this Section 18.02, on any statement to the public regarding this Agreement or any aspect of this Agreement, and the results of clinical studies conducted hereunder, subject in each case to disclosure otherwise required by law or regulation as determined in good faith by each Party. When a Party elects to make any such statement it will give the other Party at least three days notice to review and comment on such statement. In the event of a public disclosure required by law prior to the end of such three day period, the Party required to make such disclosure, if it legally may, shall give the other Party at least two business days to review and comment on such disclosure. If a Party was not legally able to give notice under the previous sentence, it will furnish the other Party with a copy of its disclosure as soon as practicable after the making thereof. The Parties acknowledge the importance of supporting each other's efforts to publicly disclose results and significant developments regarding the Products. The principles to be observed by Atrix and CollaGenex in such public disclosures will be: accuracy, the requirements for confidentiality under Section 18.01, compliance with FDA regulations and other FDA guidance documents, the advantage a competitor of Atrix or CollaGenex may gain from any public statements under this Section 18.02, and the standards and customs in the biotechnology and pharmaceutical industries for such disclosures by companies comparable to Atrix and CollaGenex. The terms of this Agreement may also be disclosed to: (a) government agencies where required by law, including filings required to be made by law with the United States Securities and Exchange Commission ("SEC"), national securities exchanges or the Nasdaq Stock Market, (b) Third Parties with the prior written consent of the other Party, which consent shall not be unreasonably withheld, or (c) lenders, investment bankers and other financial institutions of its choice solely for purposes of financing the business operations of such Party, so long as such disclosure in (b) and (c) above is made under a binder of confidentiality at least as restrictive as the confidentiality provisions in Section 18.01, so long as highly sensitive terms and conditions such as financial terms are extracted from the Agreement (including in any disclosure required by law or the SEC) or deleted upon the request of the other Party, and so long as the disclosing Party gives reasonable advance notice of the disclosure under the circumstances requiring the disclosure.

Publicity Review. The Parties parties agree that the public announcement of the execution of this Agreement shall be in the form of a press releases issued by each of the Parties release to be agreed upon on or before by the Effective Date parties. In addition, Geron and thereafter each Party shall be entitled to make or publish any public statement consistent with the contents thereof. Thereafter, the Parties P&U will jointly discuss and agree, based agree on the principles scope and content of this Section 18.02, on any statement to the public regarding this Agreement or any aspect of this Agreement, and the results of clinical studies conducted hereunder, subject in each case to disclosure otherwise required by law or regulation as determined in good faith by each Party. When a Party elects to make any such statement it will give the other Party at least three days notice to review and comment on such statement. In the event of a public regulation, including, without limitation, disclosure required by (i) order of a court, (ii) United States or Italian securities law prior to filings in connection with public offerings or periodic reporting requirements, or (iii) prosecution of patent applications. In such event, the end disclosing party shall promptly notify the other party of such three day period, the Party required to make such disclosure, if it legally may, shall give the other Party at least two business days to review and comment on such disclosure. If a Party was not legally able to give notice under the previous sentence, it will furnish the other Party with a copy of its disclosure before or as soon as practicable practical after the making thereofdisclosure. The Parties acknowledge Geron and P&U agree that all such statements to the importance of supporting each other's efforts to publicly disclose results and significant developments regarding the Products. The principles to public shall be observed by Atrix and CollaGenex accurate in such public disclosures will be: accuracyall material respects, the consistent with requirements for confidentiality under Section 18.01Article 13, compliance with FDA regulations and other FDA guidance documents, designed to limit the advantage a competitor of Atrix Geron or CollaGenex P&U may gain from any public statements such statement, in compliance with the requirements of disclosure under this Section 18.02any applicable securities laws or associated with periodic reporting requirements, and consistent with the standards and customs in the biotechnology and pharmaceutical industries industry for such disclosures statements by companies comparable to Atrix Geron and CollaGenex. P&U. The terms of this Agreement may also be disclosed to: (a) government agencies where required by law, including filings required to be made by law with the United States Securities and Exchange Commission ("SEC"), national securities exchanges or the Nasdaq Stock Market, (b) Third Parties with solely to the extent reasonably required in the disclosing party's ordinary course of business, so long as such disclosure is made under an obligation of confidentiality; provided however, that in no event may the terms of this Agreement be disclosed to potential collaborators or licensees without the prior written consent of the other Partyparty, which such consent shall not to be unreasonably withheld, or (c) lenders, investment bankers . P&U and other financial institutions of its choice solely for purposes of financing Geron shall have the business operations of such Party, so long as such disclosure in (b) and (c) above is made under a binder of confidentiality at least as restrictive as the confidentiality provisions in Section 18.01, so long as highly sensitive terms and conditions such as financial terms are extracted from the Agreement (including in any disclosure required by law or the SEC) or deleted upon the request right to review all SEC filings of the other Partyparty describing the terms of this Agreement or the arrangements between the parties reflected herein, prior to their submission to the SEC, including all proposed redacted copies of this Agreement. Geron and so long as P&U shall have no obligation to submit any SEC filings or other documents to the disclosing Party gives other party that contain identical information previously approved by the other party for disclosure in the same context. Geron and P&U shall give due respect to any reasonable advance notice and timely request by the other party with respect to such filings, including confidential treatment of the disclosure under the circumstances requiring the disclosureselected portions of this Agreement.

Publicity Review. The Parties agree that the public announcement of the execution of this Agreement shall be in the form of press releases issued by each of the Parties to be agreed upon on or before the Effective Date and thereafter each Party shall be entitled to make or publish any public statement consistent with the contents thereof. Thereafter, the Parties will jointly discuss and agree, based on the principles of this Section 18.02, on any statement to ---------- ** Confidential Treatment Requested 38 the public regarding this Agreement or any aspect of this Agreement, and the results of clinical studies conducted hereunder, subject in each case to disclosure otherwise required by law or regulation as determined in good faith by each Party. When a Party elects to make any such statement it will give the other Party at least three days notice to review and comment on such statement. In the event of a public disclosure required by law prior to the end of such three day period, the Party required to make such disclosure, if it legally may, shall give the other Party at least two business days to review and comment on such disclosure. If a Party was not legally able to give notice under the previous sentence, it will furnish the other Party with a copy of its disclosure as soon as practicable after the making thereof. The Parties acknowledge the importance of supporting each other's efforts to publicly disclose results and significant developments regarding the Products. The principles to be observed by Atrix and CollaGenex in such public disclosures will be: accuracy, the requirements for confidentiality under Section 18.01, compliance with FDA regulations and other FDA guidance documents, the advantage a competitor of Atrix or CollaGenex may gain from any public statements under this Section 18.02, and the standards and customs in the biotechnology and pharmaceutical industries for such disclosures by companies comparable to Atrix and CollaGenex. The terms of this Agreement may also be disclosed to: (a) government agencies where required by law, including filings required to be made by law with the United States Securities and Exchange Commission ("SEC"), national securities exchanges or the Nasdaq Stock Market, (b) Third Parties with the prior written consent of the other Party, which consent shall not be unreasonably withheld, or (c) lenders, investment bankers and other financial institutions of its choice solely for purposes of financing the business operations of such Party, so long as such disclosure in (b) and (c) above is made under a binder of confidentiality at least as restrictive as the confidentiality provisions in Section 18.01, so long as highly sensitive terms and conditions such as financial terms are extracted from the Agreement (including in any disclosure required by law or the SEC) or deleted upon the request of the other Party, and so long as the disclosing Party gives reasonable advance notice of the disclosure under the circumstances requiring the disclosure.

Publicity Review. The Parties agree that Each Party may disclose results and significant developments regarding Products and other activities in connection with this Agreement from time to time with the public announcement approval of the execution other Party, which approval shall not be unreasonably withheld, conditioned or delayed, provided that such approval shall not be required if such disclosure is required by Law or the applicable rules of this Agreement any public stock exchange. Such disclosures may include achievement of significant events, including achievement of milestone events and receipt of milestone payments (but shall be not include the amount thereof unless required by Law or the applicable rules of any public stock exchange, or approved in advance by the other Party) in the form Preclinical Development, Development (including regulatory process), Manufacture or Commercialization of press releases issued by each of the Parties to be agreed upon on or before the Effective Date and thereafter each Party shall be entitled to make or publish any public statement consistent with the contents thereof. Thereafter, the Parties will jointly discuss and agree, based on the principles of this Section 18.02, on any statement to the public regarding this Agreement or any aspect of this Agreement, and the results of clinical studies conducted Products hereunder, subject in each case to disclosure otherwise required by law or regulation as determined in good faith by each Party. When a Party (the “Requesting Party”) elects to make any such statement public disclosure under this Section 11.5.2 (other than the disclosures referenced above that do not require approval of the other Party), it will give the other Party (the “Cooperating Party”) through its JPT representatives (or such other representatives as the JSC may designate), a draft version of any such statement, including any press releases, question & answer outlines and corresponding call scripts (and, to the extent they contain additional or materially different disclosures, all other press materials, key messages, talking points and slide presentations), at least three days notice [****] prior to public disclosure thereof for review and comment on such statement. In by the event Cooperating Party (unless earlier disclosure is required by Law or the applicable rules of a public stock exchange, in which event as much in advance of disclosure as reasonably practicable under the circumstances), it being understood that if the Cooperating Party does not notify the Requesting Party in writing within such [****] period (or shorter period, if required by law prior Law or applicable rule of a public stock exchange) of any objections, such disclosure shall be deemed approved, and in any event the Cooperating Party shall work diligently and reasonably to agree on the end text of any proposed disclosure in an expeditious manner. Except with respect to press releases (for which the final version shall be submitted for approval), it is understood and agreed that materials so submitted for review and comment may be modified or revised by the disclosing Party during such three day period, the Party required review period without submission to make such disclosure, if it legally may, shall give the other Party at least two business days for further review, provided that (and to review and comment on the extent that) such disclosure. If a Party was modified or revised disclosure does not legally able contain materially different or additional disclosures as compared to give notice under the previous sentence, it will furnish materials submitted to the other Party with a copy of its disclosure as soon as practicable after the making thereof. The Parties acknowledge the importance of supporting each other's efforts to publicly disclose results and significant developments regarding the Productsfor review. The principles to be observed by Atrix and CollaGenex in such public disclosures will be: shall be accuracy, the requirements for confidentiality under Section 18.01, compliance with FDA regulations applicable Law and other FDA regulatory guidance documents, and reasonable sensitivity to potential negative reactions of the advantage a competitor of Atrix or CollaGenex may gain from any public statements under this Section 18.02, FDA (and the standards and customs in the biotechnology and pharmaceutical industries for such disclosures by companies comparable to Atrix and CollaGenexits foreign counterparts). The terms of this Agreement Parties agree that each Party may also be disclosed to: (a) government agencies where required by lawindividually, including filings required to be made by law or in a joint press with the United States Securities and Exchange Commission ("SEC"), national securities exchanges or the Nasdaq Stock Market, (b) Third Parties with the prior written consent of the other Party, which consent shall not be unreasonably withheldif the other Party so chooses, or (c) lenders, investment bankers and other financial institutions make press releases announcing the achievement of its choice solely for purposes of financing the business operations of such Party, so long as such disclosure in (b) and (c) above is made under a binder of confidentiality at least as restrictive as the confidentiality provisions in Section 18.01, so long as highly sensitive terms and conditions such as financial terms are extracted from the Agreement (including in any disclosure required by law or the SEC) or deleted upon the request each of the other Party, and so long as the disclosing Party gives events described in Exhibit 11.5.2 after providing reasonable advance notice of the disclosure opportunity under the circumstances requiring for review and approval of such press releases by the disclosureother Party in accordance with this Section 11.5.2. With respect to public disclosure of any publications, abstracts, websites and press releases regarding the Alliance prior to the commercial launch of the Product to which it pertains, if any, which are not covered by Section 11.4 or otherwise covered by this Section 11.5.2, the JPT shall endeavor to develop guidelines regarding review of public disclosures which shall include, among other things, a process intended to ensure submission of all such communications and disclosures by the Parties to the JPT reasonably in advance of disclosure to allow sufficient time for review.

Publicity Review. The Parties agree that the public announcement of the execution of this Agreement shall be in the form of a press releases issued by each of the Parties release to be agreed upon on or before the Effective Date and thereafter each Party shall be entitled to make or publish any public statement consistent with the contents thereof. Thereafter, except as set forth in the Parties Tripartite Agreement, OSI and Roche will jointly discuss and agree, based on the principles of this Section 18.0213.6, on any statement to the public regarding this Agreement or any aspect of this Agreement, Agreement and the results of clinical studies conducted hereunder, subject in each case to disclosure otherwise required by law or regulation as determined in good faith by each Party. When a Party elects to make any such statement it will give the other Party at least three days notice five (5) day's notice, unless disclosure is required by law in a shorter period of time, to the other Party to review and comment on such statement. In the event of a public disclosure required by law prior to the end of such three day period, the Party required to make such disclosure, if it legally may, shall give the other Party at least two business days to review and comment on such disclosure. If a Party was not legally able to give notice under the previous sentence, it will furnish the other Party with a copy of its disclosure as soon as practicable after the making thereof. The Parties acknowledge the importance of supporting each other's efforts to publicly disclose results and significant developments regarding the Licensed Products. The principles to be observed by Atrix OSI and CollaGenex Roche in such public disclosures will be: accuracy, the requirements for confidentiality under Section 18.01, compliance with FDA regulations and other FDA guidance documentsArticle 10, the advantage a competitor of Atrix OSI or CollaGenex Roche may gain from any public statements under this Section 18.0213.6, and the standards and customs in the biotechnology and pharmaceutical industries for such disclosures by companies comparable to Atrix OSI and CollaGenexRoche. The terms of this Agreement may also be disclosed to: to (a) government agencies where required by law, including filings required to be made by law with the United States Securities and Exchange Commission ("SEC")Commission, the New York Stock Exchange, or any national securities exchanges exchange, or the Nasdaq Stock Market, (b) Third Parties with the prior written consent of the other Party, which consent shall not be unreasonably withheld, or (c) lenders, investment bankers and other financial institutions of its choice solely for purposes of financing the business operations of such Party, so long as such disclosure in (b) and (c) above is made under a binder of confidentiality at least as restrictive as the confidentiality provisions in Section 18.0110.1 above (in the case of Third Parties), so long as highly sensitive terms and conditions such as financial terms are extracted from the Agreement (including in any disclosure required by law or the SEC) or deleted not disclosed upon the request of the other Party, Party and so long as the disclosing Party gives reasonable advance notice of the disclosure under the circumstances requiring the disclosure.

Publicity Review. The Parties agree that the public announcement of the execution of this Agreement shall be in the form of a press releases issued by each of the Parties release to be agreed upon on or before the Effective Date and thereafter each Party shall be entitled to make or publish any public statement consistent with the contents thereof. Thereafter, the Parties will jointly discuss and agree, based on the principles of this Section 18.0216.02, on any statement to the public regarding this Agreement or any aspect of this Agreement, and the results of clinical studies conducted hereunder, subject in each case to disclosure otherwise required by law or regulation as determined in good faith by each Party. When a Party elects to make any such statement it will give the other Party at least three (3) days notice to review and comment on such statement. In the event of a public disclosure required by law prior to the end of such three (3) day period, the Party required to make such disclosure, if it legally may, shall give the other Party at least two (2) business days to review and comment on such disclosure. If a Party was not legally able to give notice under the previous sentence, it will furnish the other Party with a copy of its disclosure as soon as practicable practical after the making thereof. The Parties acknowledge the importance of supporting each other's efforts to publicly disclose results and significant developments regarding the ProductsProduct. The principles to be observed by Atrix Altana and CollaGenex in such public disclosures will be: accuracy, the requirements for confidentiality under Section 18.0116.01, compliance with FDA regulations and other FDA guidance documents, the advantage a competitor of Atrix Altana or CollaGenex may gain from any public statements under this Section 18.0216.02, and the standards and customs in the biotechnology and pharmaceutical industries for such disclosures by companies comparable to Atrix Altana and CollaGenex. The terms of this Agreement may also be disclosed to: (a) government agencies where required by law, including filings required to be made by law with the United States Securities and Exchange Commission ("SEC"), national securities exchanges or the Nasdaq Stock Market, (b) Third Parties with the prior written consent of the other Party, which consent shall not be unreasonably withheld, or (c) lenders, investment bankers and other financial institutions of its choice solely for purposes of financing the business operations of such Party, so long as such disclosure in (b) and (c) above is made under a binder of confidentiality at least as restrictive as the confidentiality provisions in Section 18.0116.01, so long as highly sensitive terms and conditions such as financial terms are extracted from the Agreement (including in any disclosure required by law or the SEC) or deleted upon the request of the other Party, and so long as the disclosing Party gives reasonable advance notice of the disclosure under the circumstances requiring the disclosure.

Publicity Review. The Parties agree that the public announcement of the execution of this Agreement shall be in the form of press releases issued by each of the Parties to be agreed upon on or before the Effective Date and thereafter each Party shall be entitled to make or publish any public statement consistent with the contents thereof. Thereafter, the Parties will jointly discuss and agree, based on the principles of this Section 18.0215.02, on any statement to the public regarding this Agreement or any aspect of this Agreement, and the results of clinical studies conducted hereunder, subject in each case to disclosure otherwise required by law or regulation as determined in good faith by each Party. When a Party elects to make any such statement it will give the other Party at least three days notice to review and comment on such statement. In the event of a public disclosure required by law prior to the end of such three day period, the Party required to make such disclosure, if it legally may, shall give the other Party at least two business days to review and comment on such disclosure. If a Party was not legally able to give notice under the previous sentence, it will furnish the other Party with a copy of its disclosure as soon as practicable after the making thereof. The Parties acknowledge the importance of supporting each other's efforts to publicly **** Indicates that a portion of the text has been omitted Confidential disclose results and significant developments regarding the Products. The principles to be observed by ABI and Atrix and CollaGenex in such public disclosures will be: accuracy, the requirements for confidentiality under Section 18.0115.01, compliance with FDA regulations and other FDA guidance documentsdocuments and other Applicable Laws, the advantage a competitor of ABI or Atrix or CollaGenex may gain from any public statements under this Section 18.0215.02, and the standards and customs in the biotechnology and pharmaceutical industries for such disclosures by companies comparable to Atrix ABI and CollaGenexAtrix. The terms of this Agreement may also be disclosed by a Party to: (a) government agencies where required by law, including filings required to be made by law with the United States Securities and Exchange Commission ("SEC"), national securities exchanges or the Nasdaq Stock Market, (b) Third Parties with the prior written consent of the other Party, which consent shall not be unreasonably withheld, or (c) lenders, investment bankers and other financial institutions of its choice solely for purposes of financing the business operations of such Party, so long as such disclosure in (b) and (c) above is made under a binder an agreement of confidentiality at least as restrictive as the confidentiality provisions in Section 18.0115.01, so long as to the extent possible highly sensitive terms and conditions such as financial terms are extracted from the Agreement (including in any disclosure required by law or the SEC) or deleted upon the request of the other Party, and so long as the disclosing Party gives reasonable advance notice of the disclosure under the circumstances requiring the disclosure.

Publicity Review. The Parties agree that the public announcement of the execution of this Agreement shall be in the form of a press releases issued by each of the Parties release to be agreed upon on or before the Effective Date and thereafter each Party shall be entitled to make or publish any public statement consistent with the contents thereof. Thereafter, except as may be set forth in the Parties Tripartite Agreement, OSI and Genentech will jointly discuss and agree, based on the principles of this Section 18.0213.6, on any statement to the public regarding this Agreement or any aspect of this Agreement, and (subject to Section 10.5 above) the results of clinical studies conducted hereunder, subject in each case to disclosure otherwise required by law or regulation as determined in good faith by each Party. When a Party elects to make any such statement it will give the other Party at least three days five (5) days' notice to review and comment on such statement. In the event of a public disclosure required by law prior to the end of such three five (5) day period, the Party required to make such disclosure, if it legally may, shall give the other Party at least two (2) business days to review and comment on such disclosure. If a Party was not legally able to give notice under the previous sentence, it will furnish the other Party with a copy of its disclosure as soon as practicable after the making thereof. The Parties acknowledge the importance of supporting each other's efforts to publicly disclose results and significant developments regarding the Licensed Products. The principles to be observed by Atrix OSI and CollaGenex Genentech in such public disclosures will be: accuracy, the requirements for confidentiality under Section 18.01Article 10, compliance with FDA regulations and other FDA guidance documents, the advantage a competitor of Atrix OSI or CollaGenex Genentech may gain from any public statements under this Section 18.0213.6, and the standards and customs in the biotechnology and pharmaceutical industries for such disclosures by companies comparable to Atrix OSI and CollaGenexGenentech. The terms of this Agreement may also be disclosed to: (a) government agencies where required by law, including filings required to be made by law with the United States Securities and Exchange Commission ("SEC"), the New York Stock Exchange, or any national securities exchanges exchange, or the Nasdaq Stock Market, (b) Third Parties with the prior written consent of the other Party, which consent shall not be unreasonably withheld, or (c) lenders, investment bankers and other financial institutions of its choice solely for purposes of financing the business operations of such Party, so -------- ** This portion has been redacted pursuant to a confidential treatment request. long as such disclosure in (b) and (c) above is made under a binder of confidentiality at least as restrictive as the confidentiality provisions in Section 18.0110.1 above, so long as highly sensitive terms and conditions such as financial terms are extracted from the Agreement (including in any disclosure required by law or the SEC) or deleted upon the request of the other Party, and so long as the disclosing Party gives reasonable advance notice of the disclosure under the circumstances requiring the disclosure. In certain cases public disclosure may be made in conjunction with Roche, but only under the terms and conditions governing such disclosures in the Tripartite Agreement.