Common use of Publicity Review Clause in Contracts

Publicity Review. After release of the initial joint press release, if either Party desires to make a public announcement regarding activities under this Agreement, such Party may make such disclosures from time to time with the approval of the other Party, which approval shall not be unreasonably withheld, conditioned or delayed. Such disclosures may include achievement of significant events in the Development (including regulatory process and occurrence of Development Milestone Events) or Commercialization of Product in the Field hereunder. Unless otherwise requested by Durect, Impax shall use reasonable efforts to indicate in each press release disclosing significant Development and Commercialization events for Product in the Field that Durect is the owner and licensor of Product and Licensed Technology, and will consider Durect’s request to so indicate in any other public disclosure issued by Impax regarding Product. When a Party elects to make any such public disclosure under this Section 8.5.2, it will give the other Party reasonable notice, to the extent practicable, to review and comment on such statement, it being understood that if the reviewing Party does not notify the requesting Party in writing within [* * *] or such shorter period if required by Applicable Laws of any reasonable objections, as contemplated in this Section 8.5.2, such disclosure shall be deemed approved, and in any event the reviewing 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 Laws and regulatory guidance documents, reasonable sensitivity to potential negative reactions of applicable Regulatory Authorities and the need to keep investors and others informed regarding the requesting Party’s business, including as required by the rules of a recognized stock exchange. Accordingly, the reviewing Party shall not withhold, condition or delay its approval of a proposed disclosure that complies with such principles.

Publicity Review. After release The Parties acknowledge the importance of the initial joint press release, if either Party desires supporting each other’s efforts to make a public announcement publicly disclose results and significant developments regarding Collaboration Compounds and Licensed Products and other activities under in connection with this Agreement, such beyond what may be strictly required by applicable 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, conditioned or delayed. Such disclosures may include achievement of milestones under Section 6.2 or 6.3, significant events in the Development (including research, development and regulatory process with respect to a Collaboration Compound or Licensed Product or commercialization activities and occurrence of Development Milestone Events) or Commercialization of Product in the Field hereunder. Unless otherwise requested by Durect, Impax shall use reasonable efforts to indicate in each press release disclosing significant Development and Commercialization events for Product in the Field that Durect is the owner and licensor of Product and Licensed Technology, and will consider Durect’s request to so indicate in any other public disclosure issued by Impax regarding Productlike. When a Party (the “Requesting Party”) elects to make any such public disclosure under this Section 8.5.210.4.2, it will give the other Party (the “Cooperating Party”) reasonable notice, written notice to allow the extent practicable, Cooperating Party to review and comment on such statement, it being understood that if the reviewing Cooperating Party does not notify the requesting Requesting Party in writing within [* * *] ten (10) business days of such notice (or such shorter period if required by Applicable Laws applicable law and expressly set forth in the applicable notice; or, if the nature of the announcement does not permit the usual ten (10) business day waiting period, then two (2) business days, provided that the Cooperating Party’s head of investor relations is notified directly in writing) of any reasonable objections, objections as contemplated in this Section 8.5.210.4.2, such disclosure shall be deemed approved, and in any event the reviewing 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 Laws applicable laws, rules, regulations and regulatory guidance documents, reasonable sensitivity to potential negative reactions of applicable Regulatory Authorities (including the FDA) and the need to keep investors and others informed regarding the requesting Requesting Party’s business, including as required by the rules of a recognized stock exchange. Accordingly, the reviewing Cooperating Party shall not withhold, condition withhold or delay its approval of a proposed disclosure that complies with such principles.

Publicity Review. After release The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant developments regarding Collaboration Products in the initial joint press releaseField and other activities in connection with this Agreement beyond what may be strictly required by applicable Law, if either Party desires to make a public announcement regarding activities under this Agreement, such 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, conditioned or delayed. Such disclosures may include achievement of significant events in the Development (including regulatory process and occurrence of Development Milestone Events) or Commercialization of Product Collaboration Products in the Field hereunder or receipt of payments hereunder. Unless otherwise requested by Durect, Impax shall use reasonable efforts to indicate in each press release disclosing significant Development and Commercialization events for Product in the Field that Durect is the owner and licensor of Product and Licensed Technology, and will consider Durect’s request to so indicate in any other public disclosure issued by Impax regarding Product. When a Party (the “Requesting Party”) elects to make any such public disclosure under this Section 8.5.210.4.2, it will give the other Party (the “Cooperating Party”) reasonable notice, to the extent practicable, notice to review and comment on such statement, it being understood that if the reviewing Cooperating Party does not notify the requesting Requesting Party in writing within [* * *] a five (5) business day period or such shorter period if required by Applicable Laws applicable Law of any reasonable objections, as contemplated in this Section 8.5.210.4.2, such disclosure shall be deemed approved, and in any event the reviewing 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 applicable Laws and regulatory guidance documents, reasonable sensitivity to potential negative reactions of applicable Regulatory Authorities (including the FDA), the potential loss of competitive advantage by publishing confidential information regarding the status of development efforts or commercialization plans prematurely, and the need to keep investors and others informed regarding the requesting Requesting Party’s business, including as required by the rules of a recognized stock exchange. Accordingly, the reviewing Cooperating Party shall not withhold, condition or delay its approval of a proposed disclosure that complies with such principles. ***Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.

Publicity Review. After release The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant developments regarding Product for the initial joint press release, if either Party desires to make a public announcement regarding Field in the Territory and other activities under in connection with this Agreement, such beyond what may be strictly required by Applicable Law and the rules of recognized stock exchanges, and each Party may make such disclosures from time to time consistent with the approval of the other such Party, which approval shall not be unreasonably withheld, conditioned or delayed’s own disclosure practices. Such disclosures may include achievement of significant events in the Development (including regulatory process and occurrence of Development Milestone EventsMarketing Approval for Product for the Field in the Territory) or Commercialization of Product for the Field in the Field Territory hereunder; provided, that, in the event that such disclosure is not strictly required by Applicable Law or the rules of recognized stock exchanges with respect to a Party, the other Party shall have the right to prohibit such disclosure if the other Party reasonably determines that such disclosure would be detrimental to such other Party by notifying the Party proposing such disclosure, which notice shall include the basis for the expected detriment. Unless otherwise requested by DurectMSB, Impax Collaborator shall use reasonable efforts to indicate in each press release disclosing significant Development and Commercialization events for Product in the Field that Durect MSB is the owner and licensor innovator of Product and Licensed Technology, and will consider Durect’s request to so indicate the Product Technology in any other each public disclosure issued by Impax Collaborator regarding Product. When a Party elects to make any such public disclosure under this Section 8.5.210.5.2, it will give the other Party reasonable notice, to the extent practicable, at least 48 hours advanced written notice to review and comment on such statement, it being understood that if the reviewing Party does not notify the requesting Party in writing within [* * *] or such shorter period if required by Applicable Laws of any reasonable objections, as contemplated in this Section 8.5.2, such disclosure shall be deemed approved, and in any event the reviewing 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 Laws Law and regulatory guidance documents, reasonable sensitivity to potential negative reactions of applicable Regulatory Authorities and the need to keep investors and others informed regarding the requesting Party’s business, including as required by the rules of a recognized stock exchange. Accordingly, the reviewing Party shall not withhold, condition or delay its approval of a proposed disclosure that complies with such principlesexchanges.