Common use of Relationship to Existing Confidentiality Agreement Clause in Contracts

Relationship to Existing Confidentiality Agreement. This Agreement supersedes that certain Confidential Disclosure Agreement entered into between Licensee and Institute, dated May 28, 2015 (the “Existing Confidentiality Agreement”); provided that all “Confidential Information” disclosed by the disclosing Party thereunder shall be deemed Confidential Information of the disclosing Party hereunder and shall be subject to the terms and conditions of this Agreement and the receiving Party thereunder shall be bound by and obligated to comply with such terms and conditions as if they were the receiving Party hereunder. The foregoing shall not be interpreted as a waiver of any remedies available to the disclosing Party as a result of any breach, prior to the Original Effective Date, by the receiving Party, respectively, of its obligations pursuant to the Existing Confidentiality Agreement.

Relationship to Existing Confidentiality Agreement. This Agreement supersedes that certain Confidential Disclosure Agreement entered into between Licensee Atara and Institute, dated May 28, 2015 (the “Existing Confidentiality Agreement”); provided that all “Confidential Information” disclosed by the disclosing Party party thereunder shall be deemed Confidential Information of the disclosing Party hereunder and shall be subject to the terms and conditions of this Agreement and the receiving Party party thereunder shall be bound by and obligated to comply with such terms and conditions as if they were the receiving Party hereunder. The foregoing shall not be interpreted as a waiver of any remedies available to the disclosing Party party as a result of any breach, prior to the Original Effective Date, by the receiving Partyparty, respectively, of its obligations pursuant to the Existing Confidentiality Agreement.

Relationship to Existing Confidentiality Agreement. This Agreement supersedes that certain Mutual Confidential Disclosure Agreement Agreement, entered into between Licensee SR and InstituteGilead, dated May 28November 2, 2015 2018 (the “Existing Confidentiality Agreement”); provided that all “Confidential Information” disclosed by the disclosing Party “Disclosing Party” thereunder shall be deemed Confidential Information of the disclosing Disclosing Party hereunder and shall be subject to the terms and conditions of this Agreement and the receiving Party thereunder “Receiving Party” shall be bound by and obligated to comply with such terms and conditions as if they were the receiving Receiving Party hereunder. The foregoing shall not be interpreted as a waiver of any remedies available to the disclosing Party “Disclosing Party” as a result of any breach, prior to the Original Effective Date, by the receiving “Receiving Party, respectively”, of its obligations pursuant to the Existing Confidentiality Agreement.