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 a draft press release attached to this Agreement as Exhibit F, and thereafter each Party shall be entitled to make or publish any public statement consistent with the contents thereof. Thereafter, Elan and Biogen will jointly discuss and agree, based on the principles of Section 10.5 and this Section 10.6, on any statement to the public regarding this Agreement or any aspect or term of this Agreement or any results of Development work subject in each case to disclosure otherwise required by law or regulation as determined in good faith by each Party. The principles to be observed by Elan and Biogen in such public disclosures will be: accuracy, the requirements for confidentiality under Article 10, the advantage a competitor of Elan or Biogen may gain from any public statements under this Section 10.6, and the standards and customs in the biotechnology and pharmaceutical industries for such disclosures by companies comparable to Elan and Biogen. The terms of this Agreement may also be disclosed to (a) government agencies where and to the extent required by law (and with appropriate requests made for confidential treatment), including filings required to be made by law with the Securities and Exchange Commission, the New York Stock Exchange, or any national securities exchange, (b) a Party's accountants or lawyers, or (c) Third Parties with the prior written consent of the other Party, which consent shall not be unreasonably withheld, so long as such disclosure is made under a binder of confidentiality (in the case of Third Parties), so long as highly sensitive terms and conditions such as financial terms are extracted from the Agreement or not disclosed upon the request of the other Party and the disclosing Party gives reasonable advance notice of the disclosure and the circumstances requiring the disclosure.

Appears in 2 contracts

Samples: Development and Marketing Collaboration Agreement (Biogen Inc), Development and Marketing Collaboration Agreement (Elan Corp PLC)

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Publicity Review. The Parties agree that the public announcement of the execution of this Agreement shall be in the form of a draft press release attached to this Agreement as Exhibit FD, and thereafter each Party shall be entitled to make or --------- publish any public statement consistent with the contents thereof. Thereafter, Elan ICOS and Biogen will jointly discuss and agree, based on the principles of Section 10.5 and this Section 10.6, on any statement to the public regarding this Agreement or any aspect or term of this Agreement or any results of Development work work, subject in each case to disclosure otherwise required by law or regulation as determined in good faith by each Party. The principles to be observed by Elan ICOS and Biogen in such public disclosures will be: be accuracy, the requirements for confidentiality under Article 10, the advantage a competitor of Elan ICOS or Biogen may gain from any public statements under this Section 10.6, 10.6 and the standards and customs in the biotechnology and pharmaceutical industries for such disclosures by companies comparable to Elan ICOS and Biogen. The terms of this Agreement may also be disclosed to (a) government agencies where and to the extent required by law (and with appropriate requests made for confidential treatment), including filings required to be made by law with the Securities and Exchange Commission, the New York Stock Exchange, Exchange or any national securities exchange, (b) a Party's accountants or lawyers, or (c) Third Parties with the prior [ * ] designates portions of this document that have been omitted pursuant to a request for confidential treatment filed separately with the Commission. written consent of the other Party, which consent shall not be unreasonably withheld, so long as such disclosure is made under a binder of confidentiality (in the case of Third Parties), so long as highly sensitive terms and conditions such as financial terms are extracted from the this Agreement or not disclosed upon the request of the other Party and the disclosing Party gives reasonable advance notice of the disclosure and the circumstances requiring the disclosure.

Appears in 1 contract

Samples: Development and Marketing Collaboration Agreement (Icos Corp / De)

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Publicity Review. The Parties agree that the public announcement of the execution of this Agreement shall be in the form of a draft press release attached to this Agreement as Exhibit F, 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, Elan except as set forth in the Tripartite Agreement, OSI and Biogen Roche will jointly discuss and agree, based on the principles of Section 10.5 and this Section 10.613.6, on any statement to the public regarding this Agreement or any aspect or term of this Agreement or any and the results of Development work 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 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. The Parties acknowledge the importance of supporting each other's efforts to publicly disclose results and significant developments regarding Licensed Products. The principles to be observed by Elan OSI and Biogen Roche in such public disclosures will be: accuracy, the requirements for confidentiality under Article 10, the advantage a competitor of Elan OSI or Biogen Roche may gain from any public statements under this Section 10.613.6, and the standards and customs in the biotechnology and pharmaceutical industries for such disclosures by companies comparable to Elan OSI and BiogenRoche. The terms of this Agreement may also be disclosed to (a) government agencies where and to the extent required by law (and with appropriate requests made for confidential treatment)law, including filings required to be made by law with the Securities and Exchange Commission, the New York Stock Exchange, or any national securities exchange, (b) a Party's accountants or lawyers, or (cb) Third Parties with the prior written consent of the other Party, which consent shall not be unreasonably withheld, so long as such disclosure is made under a binder of confidentiality at least as restrictive as the confidentiality provisions in Section 10.1 above (in the case of Third Parties), so long as highly sensitive terms and conditions such as financial terms are extracted from the Agreement or not disclosed upon the request of the other Party and the disclosing Party gives reasonable advance notice of the disclosure and under the circumstances requiring the disclosure.

Appears in 1 contract

Samples: Development Collaboration and Licensing Agreement (Osi Pharmaceuticals Inc)

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