Common use of Publicity Review Clause in Contracts

Publicity Review. Subject to the further provisions of this Section 7.06 and Section 10.04, no Party shall originate any written publicity, news release, or other announcement or statement relating to this Agreement or to performance hereunder or the existence of an arrangement between the Parties (collectively, "WRITTEN DISCLOSURE"), without the prior prompt review and written approval of the other, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing provisions of this Section 7.06, any Party may make any public Written Disclosure it believes in good faith based upon the advice of counsel is required by applicable law or any listing or trading agreement concerning its publicly traded securities, provided that prior to making such Written Disclosure, the disclosing Party shall provide the other Party with a copy of the materials proposed to be disclosed and provide the receiving Party with an opportunity to promptly review the proposed Written Disclosure. To the extent that the receiving Party reasonably requests that any information in the materials proposed to be disclosed be deleted, the disclosing Party shall request confidential treatment of such information pursuant to Rule 406 of the United States Securities Act of 1933 or Rule 26b-2 of the United States Securities Exchange Act of 1934, as applicable (or any other applicable regulation relating to the confidential treatment of information), so that there be omitted from the materials that are publicly filed any information that the receiving Party reasonably requests to be deleted. The terms of this Agreement may also be disclosed to (i) government agencies where required by law, or (ii) Third Parties with the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed, so long as such disclosure is made under a binder of confidentiality and 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. All Written Disclosures shall be factual and as brief as is reasonable under the circumstances. Upon request by either Party, the Parties agree to prepare a mutually agreed press release and question and answer document with respect to this Agreement. Each Party agrees that it will use reasonable efforts to cause all Written Disclosures and oral statements relating hereto to be consistent with the answers specified in such question and answer document.

Publicity Review. Subject to the further provisions of ---------------- this Section 7.06 and Section 10.047.3, no Party shall originate any written publicity, news release, or other announcement or statement relating to this Agreement or to performance hereunder or the existence of an arrangement between the Parties (collectively, "WRITTEN DISCLOSUREWritten Disclosure"), without the prior prompt review and written approval of the other, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing provisions of this Section 7.067.3, any Party may make any public Written Disclosure it believes in good faith based upon the advice of counsel is required by applicable law or any listing or trading agreement concerning its publicly traded securities, provided that prior to making such Written Disclosure, the disclosing Party shall provide the other Party with a copy of the materials proposed to be disclosed and provide the receiving Party with an opportunity to promptly review the proposed Written Disclosure. To the extent that the receiving Party reasonably requests that any information in the materials proposed to be disclosed be deleted, the disclosing Party shall request confidential treatment of such information pursuant to Rule 406 of the United States Securities Act of 1933 or Rule 26b-2 of the United States Securities Exchange Act of 1934, as applicable (or any other applicable regulation relating to the confidential treatment of information), ) so that there be omitted from the materials that are publicly filed any information that the receiving Party reasonably requests to be deleted. The terms of this Agreement and the may also be disclosed to (i) government agencies where required by law, or (ii) Third Parties with the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed, so long as such disclosure is made under a binder of confidentiality and so long as highly sensitive terms and conditions confidentiality. Once a Written Disclosure is approved pursuant to this Section 7.3, either Party may publish all or a portion of such as financial terms are extracted Written Disclosure without requiring any further approval from the Agreement or not disclosed upon the request of the other Party. All Written Disclosures shall be factual and as brief as is reasonable under the circumstances. Upon request by either Party, the Parties agree to prepare a mutually agreed press release and question and answer document with respect to this Agreement. Each Party agrees that it will use reasonable efforts to cause all Written Disclosures and oral statements relating hereto to be consistent with the answers specified in such question and answer documenthereunder.

Publicity Review. Subject to the further provisions of this Section 7.06 and Section 10.04Section, no Party shall originate any written publicity, news release, or other public announcement or statement relating to this Agreement or to performance hereunder or the existence of an arrangement between the Parties (collectively, "WRITTEN DISCLOSUREWritten Disclosure"), without the prior prompt review and written approval of the other, which approval shall be conducted promptly and not be unreasonably withheld or delayedwithheld. Notwithstanding the foregoing provisions of this Section 7.0615.4, any Party may make any public Written Disclosure it believes in good faith based upon the advice of counsel is required by applicable law or any listing or trading agreement concerning its publicly traded securities, provided that prior to making such Written Disclosure, the disclosing Party shall provide the other Party with a copy of the materials proposed to be disclosed and provide the receiving Party with an opportunity to promptly review the proposed Written Disclosure. To the extent that the receiving Party reasonably requests that any information in the materials proposed to be disclosed be deleted, the disclosing Party shall use reasonable efforts to request confidential treatment of any such information that, pursuant to Rule 406 of the United States Securities Act of 1933 or Rule 26b-2 24b-2 of the United States Securities Exchange Act of 1934, as applicable (or any other applicable regulation relating to the confidential treatment of information), so that there may be omitted redacted from the materials that are publicly publicly-filed any information that the receiving Party reasonably requests to be deletedversion of such disclosed materials. The terms of this Agreement may also be disclosed to (i) government agencies where required by law, provided that the Party making such disclosure seeks a protective order or confidential treatment of this Agreement to the extent allowed under law, or (ii) Third Parties with the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed, so long as such disclosure is made under a binder of confidentiality and 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. All Written Disclosures shall be factual and as brief as is reasonable under the circumstances. Upon request by either Party, the Parties agree to prepare a mutually agreed press release and question and answer document with respect to this Agreement. Each Party agrees that it will use reasonable efforts to cause all Written Disclosures and oral statements relating hereto to be consistent with the answers specified in such question and answer documentor (iii) existing or potential investors, acquirers, or merger partners.

Publicity Review. Subject to the further provisions of this Section 7.06 and Section 10.0410.02, no Party shall originate any written publicity, news release, or other announcement or statement relating to this Agreement or to performance hereunder or the existence of an arrangement between the Parties (collectively, "WRITTEN DISCLOSURE"“Written Disclosure”), without the prior prompt review of a copy of the materials proposed to be disclosed and written approval of the otherother Party. This Section 10.02, which approval shall not be unreasonably withheld or delayedprohibit the disclosure under Section 7.04(a). Notwithstanding the foregoing provisions of this Section 7.0610.02, any Each Party may make any public Written Disclosure it believes in good faith based upon the advice of counsel is required by applicable law under the Securities Laws of the United States, or any listing or trading agreement concerning its publicly traded securities, or under any applicable secuities laws, or any rule or order of stock exchange; provided that that, prior to making such Written Disclosure, the disclosing Party Ardelyx or FOSUN shall where reasonably practicable provide the other Party with a copy of the materials proposed to be disclosed and provide the receiving Party with an opportunity to promptly review and comment on the proposed Written Disclosure. To the extent that the receiving Party FOSUN reasonably requests that any information in the materials proposed to be disclosed be deleted, the disclosing Party Ardelyx shall use reasonable efforts to request confidential treatment of such information pursuant to Rule 406 of the United States Securities Act of 1933 or Rule 26b-2 24b-2 of the United States Securities Exchange Act of 1934, as applicable (or any other applicable regulation relating to the confidential treatment of information), ) so that there be omitted from the materials that are publicly filed any information that the receiving Party FOSUN reasonably requests to be deleted, to the extent permitted by the applicable government agency, are omitted from such materials. The terms Notwithstanding the foregoing, each Party may issue an individual press release regarding the transaction contemplated by this Agreement; and the contents of this Agreement may also each such press release shall be disclosed mutually agreed by the Parties in writing prior to (i) government agencies where required by lawany publication thereof. For clarity, Ardelyx shall have the right to issue press releases and other public announcements regarding the Development or (ii) Third Parties with Commercialization of Licensed Products outside of the Territory and/or outside of the Field without the prior review or written consent approval of the other Party, which consent shall not be unreasonably withheld or delayed, so long as such disclosure is made under a binder of confidentiality and 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. All Written Disclosures shall be factual and as brief as is reasonable under the circumstances. Upon request by either Party, the Parties agree to prepare a mutually agreed press release and question and answer document with respect to this Agreement. Each Party agrees that it will use reasonable efforts to cause all Written Disclosures and oral statements relating hereto to be consistent with the answers specified in such question and answer documentFOSUN.