Common use of Publicity/Use of Names Clause in Contracts

Publicity/Use of Names. The form of the initial press release that may be issued by ACI, is attached as Exhibit A. Each Party is free to use the information disclosed in the press release in any other format without further approval by the other Party, except no statements by any Party’s official or representatives (if included in the initial press release) shall be used out of context or for promotional purposes. Otherwise, neither Party shall disclose the existence of this Agreement or its terms nor shall they use the name, trademark, trade name or logo of the other Party or its employees in any publicity, news release or promotional materials relating to this Agreement or its subject matter, without the prior express written permission of the other Party, except as may be required by applicable laws, regulations, or judicial order. The Party desiring to make the public announcement shall provide the other Party with a written copy of the proposed announcement in sufficient time prior to public release to allow the other Party to comment upon the announcement, prior to public release. Notwithstanding the foregoing, ACI shall have the right to disclose the existence of this Agreement and its terms, under confidentiality obligations no less restrictive than those contained herein, to its actual or prospective investors or acquirers, or as reasonably necessary to its prospective licensees or collaborators provided that ACI redacts sensitive information before providing to licensees or collaborators including, but not limited to, all financial and payment provisions.

Appears in 3 contracts

Samples: License, Development and Commercialization Agreement (AC Immune SA), License, Development and Commercialization Agreement (AC Immune SA), License, Development and Commercialization Agreement (AC Immune SA)

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Publicity/Use of Names. The form Prior to the Effective Date, the Parties shall agree upon the timing and content of the an initial press release that may be issued by ACI, is attached as Exhibit A. Each Party is free relating to use the information execution of this Agreement and its terms. Except to the extent already disclosed in the press release in any other format without further approval by the other Party, except no statements by any Party’s official or representatives (if included in the that initial press release) shall be used out , no disclosure of context or for promotional purposes. Otherwise, neither Party shall disclose the existence of this Agreement or its terms nor may be made by either Party, and no Party shall they use the name, trademark, trade name or logo of the other Party or its employees in any publicity, news release or promotional materials relating to this Agreement or its subject matter, without the prior express written permission of the other Party, except as permitted by this Agreement or as may be required by applicable laws, regulations, or judicial order. The Party desiring to make the any such public announcement shall provide the other Party with a written copy of the proposed announcement sufficiently in sufficient time prior to advance of the public release to allow the such other Party to comment upon the such announcement, prior to public its release. Notwithstanding In addition to the foregoingforegoing restrictions on public disclosure, ACI shall have the right to disclose the existence if either Party concludes that a copy of this Agreement must be filed with a securities exchange or regulatory or governmental body to which that Party is subject, wherever situated, such Party shall provide the other Party with a copy of this Agreement showing any sections as to which the filing Party proposes to request confidential treatment, will provide the other Party with an opportunity and its termsa reasonable time period to comment on any such proposal and to suggest additional portions of the Agreement for confidential treatment and will take such Party’s comments into consideration before filing the Agreement. If the filing Party disagrees with the other Party’s additional confidential treatment request, under confidentiality obligations no less restrictive than those contained herein, the Parties shall attempt in good faith to its actual or prospective investors or acquirers, or as reasonably necessary to its prospective licensees or collaborators provided that ACI redacts sensitive information discuss the matter before providing to licensees or collaborators including, but not limited to, all financial and payment provisionsthe Agreement is filed.

Appears in 2 contracts

Samples: License, Development, Manufacturing and Commercialization Agreement (Vertex Pharmaceuticals Inc / Ma), License, Development, Manufacturing and Commercialization Agreement (Vertex Pharmaceuticals Inc / Ma)

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Publicity/Use of Names. The form (a) A Party may issue a press release announcing the restatement of the initial Agreement after the Effective Date; provided that, such press release that may shall be issued by ACI, is attached as Exhibit A. Each Party is free to use the information disclosed in the press release in any other format without further approval reviewed and approved by the other PartyParty before issuance, except no statements by any Party’s official such approval not to be unreasonably withheld or representatives (if included in the initial press release) shall be used out delayed. No other disclosure of context or for promotional purposes. Otherwise, neither Party shall disclose the existence or the terms of this Agreement may be made by either Party or its terms nor Affiliates except as provided in Section 13.3 and this Section 13.5. No Party shall they use the name, trademark, trade name or logo of the other Party Party, its Affiliates or its their respective employees in any publicity, promotion, news release or promotional materials disclosure relating to this Agreement or its subject matter, without except as provided in this Section 13.5 or with the prior express written permission of the other Party, except as may be required by applicable lawsLaw. (b) A Party may disclose this Agreement in securities filings with the Securities Exchange Commission (the “SEC”) or equivalent foreign agency to the extent required by applicable Law. In such event, regulationsthe Party seeking such disclosure shall prepare a proposed redacted version of this Agreement to request confidential treatment for this Agreement, or judicial orderand the other Party agrees to promptly (and in any event, no less than [ * ] Business Days after receipt of such proposed redactions) give its input in a reasonable manner in order to allow the Party seeking disclosure to file its request within the time lines prescribed by applicable Law. The Party desiring to make the public announcement seeking such disclosure shall provide reasonably consider any comments thereto provided by the other Party with a written copy of the proposed announcement in sufficient time prior to public release to allow the other Party to comment upon the announcement, prior to public release. Notwithstanding the foregoing, ACI shall have the right to disclose the existence of this Agreement and its terms, under confidentiality obligations no less restrictive than those contained herein, to its actual or prospective investors or acquirers, or as reasonably necessary to its prospective licensees or collaborators provided that ACI redacts sensitive information before providing to licensees or collaborators including, but not limited to, all financial and payment provisionswithin such [ * ] Business Day period.

Appears in 1 contract

Samples: License and Collaboration Agreement (Cytokinetics Inc)

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