Common use of Release from Restrictions Clause in Contracts

Release from Restrictions. The obligation not to disclose Information shall not apply to any part of such Information that: (i) is or becomes part of an issued patent or a patent application published pursuant to patent office rules, otherwise published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information (for purposes of this Article 11 the “receiving party”) or its Affiliates or sublicensees in contravention of this Agreement; or (ii) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party under this Agreement; or (iii) prior to disclosure under this Agreement, was already in the possession of the receiving party, its Affiliates or sublicensees, without any obligations of confidentiality, provided that such Information was not obtained directly or indirectly from the other party under this Agreement; or (iv) results from research and development by the receiving party or its Affiliates or sublicensees, independent of disclosures from the other party of this Agreement, provided that the persons developing such information do not use or reference Information received from the disclosing party; or (v) to the extent that it is required by law, regulation, court order or other legal requirement to be disclosed by the receiving party, provided that the receiving party promptly notifies the other party upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement, and receiving party cooperates with disclosing party (at disclosing party’s request and expense) to obtain a protective order or otherwise limit disclosure; or (vi) ALIMERA and EMORY agree in writing may be disclosed.

Release from Restrictions. The obligation not to disclose Information provisions of Section 15.1 shall not apply to any part of such Confidential Information thatwhich: (ia) is was known or becomes part of an issued patent or a patent application published pursuant to patent office rules, otherwise published or otherwise part of used by the public domain, other than by unauthorized acts of the party obligated not to disclose such Information (for purposes of this Article 11 the “receiving party”) Receiving Party or its Affiliates prior to its date of disclosure to the Receiving Party or sublicensees in contravention its Affiliates by the Disclosing Party or its Affiliates, as evidenced by the prior written records of this Agreementthe Receiving Party or its Affiliates; or (iib) either before or after the date of the disclosure to the Receiving Party or its Affiliates, is lawfully disclosed to the receiving party Receiving Party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from Third Party rightfully in possession of the other party under this AgreementConfidential Information; or (iiic) prior to disclosure under this Agreement, was already in either before or after the possession date of the receiving partydisclosure to the Receiving Party or its Affiliates, becomes published or generally known to the public through no fault or omission on the part of the Receiving Party or its Affiliates Affiliates, but such inapplicability applies only after such information is published or sublicensees, without any obligations of confidentiality, provided that such Information was not obtained directly or indirectly from the other party under this Agreementbecomes generally known; or (ivd) results from research and development is independently developed by the receiving party Receiving Party or its Affiliates without reference to or sublicensees, independent reliance upon any Confidential Information of disclosures from the other party of this Agreement, provided that the persons developing such information do not use Disclosing Party or reference Information received from the disclosing partyits Affiliates; or (ve) is reasonably determined to the extent that it is be required by law, regulation, court order or other legal requirement to be disclosed by the receiving partyReceiving Party or its Affiliates to comply with applicable securities of other laws, to defend or prosecute litigation or to comply with governmental regulations, provided that that, the receiving party promptly notifies the other party upon learning Receiving Party or its Affiliates uses all reasonable efforts to provide prior written notice of such requirement in order disclosure to give the other party Disclosing Party or its Affiliates and to take reasonable opportunity and lawful actions to oppose not be required to disclose and/or minimize the degree of such requirement, and receiving party cooperates with disclosing party (at disclosing party’s request and expense) to obtain a protective order or otherwise limit disclosure; or. (vif) ALIMERA and EMORY agree in writing may be disclosedis disclosed to a Party's financial sources or potential acquirors of its stock or assets (directly or indirectly) so long as, with respect to a potential purchase the potential acquirer or financial source executes a confidentiality agreement which is at least as restrictive as the provisions of this Article 15.

Release from Restrictions. The obligation not to disclose or use Information shall not apply to any part of such Information that: (ia) is or becomes part patented (but the existence of an issued patent or a patent application published pursuant to patent office rulesshall only permit disclosure and not, unless otherwise provided hereunder, use), published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information (for purposes of this Article 11 15 the “"receiving party”") or its Affiliates or sublicensees in contravention of this Agreement; or (iib) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party under to this Agreement; or (iiic) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the receiving party, its Affiliates or sublicensees, without any obligations of confidentiality, provided that such Information was not obtained directly or indirectly from the other party under to this Agreement; or (ivd) results from research and development by the receiving party or its Affiliates or sublicensees, independent of disclosures from the other party of to this Agreement, provided that the persons developing such information do have not use or reference Information had exposure to the information received from the disclosing partyother party to this Agreement; or (ve) to the extent that it is required by law, regulation, court order or other legal requirement law to be disclosed by the receiving party, provided that in the case of disclosure in connection with any litigation, the receiving party promptly notifies uses reasonable efforts to notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement, and receiving party cooperates with disclosing party (at disclosing party’s request and expense) to obtain a protective order or otherwise limit disclosure; or (vif) ALIMERA Triangle and EMORY Dynavax agree in writing may be disclosed.

Release from Restrictions. The obligation not to disclose or use Information shall not apply to any part of such Information that: (ia) is or becomes part patented (but the existence of an issued patent or a patent application published pursuant to patent office rulesshall only permit disclosure and not, unless otherwise provided hereunder, use), published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information (for purposes of this Article 11 13 the “receiving party”) or its Affiliates or sublicensees in contravention of this Agreement; or (iib) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party under to this Agreement; or (iiic) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the receiving party, its Affiliates or sublicensees, without any obligations of confidentiality, provided that such Information was not obtained directly or indirectly from the other party under to this Agreement; or (ivd) results result from research and development by the receiving party or its Affiliates or sublicensees, independent of disclosures disclosure from the other party of to this Agreement, provided that the persons developing such information do have not use or reference Information had exposure to the information received from the disclosing partyother party to this Agreement; or (ve) to the extent that it is required by law, regulation, court order or other legal requirement law to be disclosed by the receiving party, provided that in the case of disclosure in connection with any litigation, the receiving party promptly notifies uses reasonable efforts to notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement, and receiving party cooperates with disclosing party (at disclosing party’s request and expense) to obtain a protective order or otherwise limit disclosure; or (vif) ALIMERA Pharmasset and EMORY Bukwang agree in writing may be disclosed.

Release from Restrictions. The obligation not to disclose Confidential Information shall not apply to any part of such Confidential Information that: : (ia) is or becomes part of an issued patent or a patent application published pursuant to patent office rulespatented, otherwise published or otherwise part of the public domain, domain other than by unauthorized acts of the party Party obligated not to disclose such Confidential Information (for purposes of this Article 11 14, the “receiving party”"Receiving Party") or its Affiliates or sublicensees in contravention of this Agreementsublicensees; or or (iib) is disclosed to the receiving party Receiving Party or its Affiliates or sublicensees by a third party provided party, provided, that such Confidential Information was not obtained by such third party directly or indirectly from the other party Party under this Agreement; or or (iii) prior to disclosure under this Agreement, was already in the possession of the receiving party, its Affiliates or sublicensees, without any obligations of confidentiality, provided that such Information was not obtained directly or indirectly from the other party under this Agreement; or (ivc) results from research and development by the receiving party Receiving Party or its Affiliates or sublicensees, sublicensees independent of disclosures from the other party of Party under this Agreement; or (e) is required by law or court order to be disclosed, provided that in which case the persons developing Receiving Party will (i) take all reasonable steps available to maintain the confidentiality of Confidential Information; (ii) provide the other Party with prompt notice of any request for Confidential Information with sufficient time so as to allow the other Party a reasonable opportunity to object to such information do not use disclosure, to seek a protective order, or reference to take other protective actions; and (iii) if required to release any Confidential Information, release such Confidential Information received from the disclosing party; or (v) only as and to the extent that it is required by law, regulation, court order or other legal requirement to be disclosed by the receiving party, provided that the receiving party promptly notifies the other party upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement, and receiving party cooperates with disclosing party (at disclosing party’s request and expense) to obtain a protective order or otherwise limit disclosure; or (vi) ALIMERA and EMORY agree in writing may be disclosedrequired.

Release from Restrictions. The obligation not to disclose Information shall provisions of Section 8.1 will ------------------------- not apply to any part Confidential Information disclosed pursuant to any of such Information thatthe other agreements to which the Company and the Stockholders are parties or otherwise which: (ia) is was known or becomes part used by the receiving entity or its Affiliates (unless known on account of an issued patent research or a patent application published development done by or on behalf of the disclosing entity and/or distributed to the receiving entity or its Affiliates pursuant to patent office rulesconfidentiality restrictions) prior to its date of disclosure to the receiving entity, otherwise as evidenced by the written records of the receiving entity or its Affiliates; (b) either before or after the date of the disclosure to the receiving entity is lawfully disclosed without restriction to the receiving entity or its Affiliates by an independent, unaffiliated third party rightfully in possession of the Confidential Information with the right to disclose such Confidential Information (but only to the extent of the rights received from and limitations imposed by such third party); (c) either before or after the date of the disclosure to the receiving entity becomes published or otherwise available to the public through no fault or omission on the part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information (for purposes of this Article 11 the “receiving party”) entity or its Affiliates or sublicensees in contravention of this Agreementother third parties; or (iid) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party under this Agreement; or (iii) prior to disclosure under this Agreement, was already in the possession of the receiving party, its Affiliates or sublicensees, without any obligations of confidentiality, provided that such Information was not obtained directly or indirectly from the other party under this Agreement; or (iv) results from research and development by the receiving party or its Affiliates or sublicensees, independent of disclosures from the other party of this Agreement, provided that the persons developing such information do not use or reference Information received from the disclosing party; or (v) to the extent that it is required by law, regulation, court order or other legal requirement to be disclosed by the receiving partyentity or its Affiliates to comply with applicable laws or to comply with governmental regulations, provided that the receiving party promptly notifies entity provides at least ten days prior written notice of such proposed disclosure to the other party upon learning entity and takes reasonable and lawful actions to minimize the degree of such requirement in order to give the other party reasonable opportunity to oppose such requirement, and receiving party cooperates with disclosing party (at disclosing party’s request and expense) to obtain a protective order or otherwise limit disclosure; or (vi) ALIMERA and EMORY agree in writing may be disclosed.

Release from Restrictions. The obligation not to disclose Information shall not apply to any part of such Information that: (i) i. is or becomes part of an issued patent or a patent application published pursuant to patent office rulespatented, otherwise published or otherwise part of the public domain, other than by unauthorized acts of the a party obligated not to disclose such Information (for purposes of this Article 11 the “receiving party”) or its Affiliates or sublicensees in contravention of this Agreement; orInformation; (ii) . is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party under this Agreement; or (iii) . prior to disclosure under this Agreement, was already in the possession of the receiving party, its Affiliates or sublicensees, without any obligations of confidentiality, provided that such Information was not obtained directly or indirectly from the other party under this Agreement; or (iv) . results from research and development by the receiving party or its Affiliates or sublicensees, independent of disclosures from the other party of this Agreement, provided that the persons developing such information do have not use or reference Information had exposure to the information received from the disclosing party; or (v) to the extent that it v. is required by law, regulation, court order or other legal requirement law to be disclosed by the receiving party, provided that the receiving party promptly notifies uses its best efforts to notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement, and receiving party cooperates with disclosing party (at disclosing party’s request and expense) to obtain a protective order or otherwise limit disclosure; or (vi) ALIMERA . COMPANY and EMORY agree in writing may be disclosed.. This Article 11 shall be construed as an agreement ancillary to the other provisions of this Agreement, and the existence of any claim or cause of action of one party against the other, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement of Article 11, except that either Party has a right to disclose Information to any panel or court in a proceeding against the other Party under Article 14 of this Agreement

Release from Restrictions. Each party or its Affiliates or Sublicensees may use or disclose Confidential Information to the government or other regulatory authorities to the extent that such disclosure is reasonably necessary for the prosecution and enforcement of patents, or to obtain or maintain any regulatory approval, including authorizations to conduct clinical trials, or commercially market or obtain pricing approval of any Licensed Products, provided that such party is otherwise entitled to engage in such activities under this Agreement. The obligation not to disclose Confidential Information shall not apply to any part of such Confidential Information that: (i) is or becomes part of an issued patent or a patent application published pursuant to patent office rulespatented, otherwise published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Confidential Information (for purposes of this Article 11 the “receiving party”) , or its Affiliates or sublicensees Sublicensees in contravention of this Agreement; or; (ii) is disclosed to the receiving party or its Affiliates or sublicensees Sublicensees by a third party provided that such Confidential Information was not obtained by such third party directly or indirectly from the other party under this Agreement; or (iii) prior to disclosure under this Agreement, was already in the possession of the receiving party, its Affiliates or sublicensees, without any obligations of confidentialitySublicensees, provided that such Confidential Information was not obtained directly or indirectly from the other party under this Agreement; or (iv) results from research and development by the receiving party or its Affiliates or sublicenseesSublicensees, independent of disclosures from the other party of this Agreement, provided that the persons developing such information do it have not use or reference had exposure to the Confidential Information received from the disclosing party; or (v) to the extent that it is required by law, regulation, court order or other legal requirement law to be disclosed by the receiving party, provided that the receiving party promptly notifies uses its best efforts to notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement, and receiving party cooperates with disclosing party (at disclosing party’s request and expense) to obtain a protective order or otherwise limit disclosure; or (vi) ALIMERA COMPANY and EMORY LICENSOR agree in writing may be disclosed.

Release from Restrictions. The obligation not to disclose Information shall not apply to any part of such Information that: (ia) is or becomes part of an issued patent or a patent application published pursuant to patent office rulespatented, otherwise published or otherwise part of the public domain, other than by unauthorized acts of the party Party obligated not to disclose such Information (for purposes of this Article 11 ARTICLE 10, the “receiving party”"RECEIVING PARTY") or its Affiliates Affiliates, licensees or sublicensees in contravention of this Agreement; or (iib) is disclosed to the receiving party Receiving Party or its Affiliates Affiliates, licensees or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party under this AgreementThird Party, without breach of any obligations of confidentiality; or (iiic) prior to disclosure under this Agreement, was already in the possession of the receiving partyReceiving Party, its Affiliates Affiliates, licensees or sublicensees, without any obligations of confidentiality, provided that such Information was not obtained directly or indirectly ; or (d) results from the independent research and development of the Receiving Party or its Affiliates, licensees or sublicensees; PROVIDED, THAT, the persons developing such information have not had exposure to the Information received from such other party under Party to this Agreement; or (ive) results from research and development by the receiving party or its Affiliates or sublicensees, independent of disclosures from the other party of this Agreement, provided that the persons developing such information do not use or reference Information received from the disclosing party; or (v) to the extent that it is required by law, regulation, court order rule or other legal requirement regulation to be disclosed by the receiving partyReceiving Party, provided that PROVIDED, THAT, except with respect to the receiving party specific terms of this Agreement, the Receiving Party uses reasonable efforts to notify the disclosing Party (for the purposes of this ARTICLE 10, the "DISCLOSING PARTY") promptly notifies the other party upon learning of such requirement in order to give the other party Disclosing Party reasonable opportunity to oppose such requirement; PROVIDED, and receiving party cooperates with disclosing party (at disclosing party’s request and expense) FURTHER, THAT the Parties shall cooperate in seeking confidential treatment of any such Information that is required to obtain be disclosed and, in any case where the Receiving Party discloses such Information to a protective order court or otherwise limit disclosureadministrative agency, such disclosure shall, to the extent the court or administrative agency permits, be disclosed under seal; or (vif) ALIMERA and EMORY the Parties agree in writing may be disclosed.

Release from Restrictions. Each party or its Affiliates or Sublicensees may use or disclose Confidential Information to the government or other regulatory authorities to the extent that such disclosure is reasonably necessary for the prosecution and enforcement of patents, or to obtain or maintain any regulatory approval, including authorizations to conduct clinical trials, or commercially market or obtain pricing approval of any Licensed Products, provided that such party is otherwise entitled to engage in such activities under this Agreement. The obligation not to disclose Confidential Information shall not apply to any part of such Confidential Information that: (i) is or becomes part of an issued patent or a patent application published pursuant to patent office rulespatented, otherwise published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Confidential Information (for purposes of this Article 11 the “receiving party”) or its Affiliates or sublicensees Sublicensees in contravention of this Agreement; or; (ii) is disclosed to the receiving party or its Affiliates or sublicensees Sublicensees by a third party provided that such Confidential Information was not obtained by such third party directly or indirectly from the other party under this Agreement; or (iii) prior to disclosure under this Agreement, was already in the possession of the receiving party, its Affiliates or sublicensees, without any obligations of confidentialitySublicensees, provided that such Confidential Information was not obtained directly or indirectly from the other party under this Agreement; or (iv) results from research and development by the receiving party or its Affiliates or sublicenseesSublicensees, independent of disclosures from the other party of this Agreement, provided that the persons developing such information do it have not use or reference had exposure to the Confidential Information received from the disclosing party; or (v) to the extent that it is required by law, regulation, court order or other legal requirement law to be disclosed by the receiving party, provided that the receiving party promptly notifies uses its best efforts to notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement, and receiving party cooperates with disclosing party (at disclosing party’s request and expense) to obtain a protective order or otherwise limit disclosure; or (vi) ALIMERA COMPANY and EMORY LICENSOR agree in writing may be disclosed.

Release from Restrictions. The obligation not to disclose Information shall not apply to any part of such Information that: (i) is or becomes part of an issued patent or a patent application published pursuant to patent office rulespatented, otherwise published or otherwise part of the public domain, other than by unauthorized acts of the a party obligated not to disclose such Information (for purposes of this Article 11 the “receiving party”) or its Affiliates or sublicensees in contravention of this Agreement; orInformation; (ii) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party under this Agreement; or (iii) prior to disclosure under this Agreement, was already in the possession of the receiving party, its Affiliates or sublicensees, without any obligations of confidentiality, provided that such Information was not obtained directly or indirectly from the other party under this Agreement; or (iv) results from research and development by the receiving party or its Affiliates or sublicensees, independent of disclosures from the other party of this Agreement, provided that the persons developing such information do have not use or reference Information had exposure to the information received from the disclosing party; or (v) to the extent that it is required by law, regulation, court order or other legal requirement law to be disclosed by the receiving party, provided that the receiving party promptly notifies uses its best efforts to notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement, and receiving party cooperates with disclosing party (at disclosing party’s request and expense) to obtain a protective order or otherwise limit disclosure; or (vi) ALIMERA COMPANY and EMORY agree in writing may be disclosed.. This Article 11 shall be construed as an agreement ancillary to the other provisions of this Agreement, and the existence of any claim or cause of action of one party against the other, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement of Article 11, except that either Party has a right to disclose Information to any panel or court in a proceeding against the other Party under Article 14 of this Agreement

Release from Restrictions. The obligation not to disclose Information shall not apply to any part of such Information that: (ia) is or becomes part of an issued patent or a patent application published pursuant to patent office rulespatented, otherwise published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information (for purposes of this Article 11 9 the “receiving party”) or its Affiliates or sublicensees in contravention of this Agreement; or (iib) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party under to this Agreement; or (iiic) prior to disclosure under this Agreement, was already in the possession of the receiving party, its Affiliates or sublicensees, without any obligations of confidentiality, provided that such Information was not obtained directly or indirectly from the other party under to this Agreement; or (ivd) results from research and development by the receiving party or its Affiliates or sublicensees, independent of disclosures from the other party of this Agreement, provided that the persons developing such information do have not use or reference Information had exposure to the information received from the disclosing partyother party to this Agreement; or (ve) to the extent that it is required by law, regulation, court order or other legal requirement law to be disclosed by the receiving party, provided that the receiving party promptly notifies the uses reasonable efforts to notify the-other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement, and receiving party cooperates with disclosing party (at disclosing party’s request and expense) to obtain a protective order or otherwise limit disclosure; or (vif) ALIMERA and EMORY agree in the case of Information disclosed by a party to this Agreement, if such party agrees in writing that such Information may be discloseddisclosed by the party to this Agreement to whom such Information has been disclosed by such party.

Release from Restrictions. The obligation not to disclose the other party's Information shall not apply to any part of such Information that: (i) is or becomes part of an issued disclosed in a patent or a patent application published pursuant to patent office rulesapplication, otherwise published or otherwise part of the public domain, other than by unauthorized acts of the receiving party obligated not to disclose such Information (for purposes of this Article 11 the “receiving party”) or its Affiliates or sublicensees Sublicensees in contravention of this Agreement; or; (ii) is disclosed to the receiving party or its Affiliates or sublicensees Sublicensees by a third party provided that such Information third party was not obtained by such third party directly or indirectly from obligated to the other party under this Agreementto keep such information confidential; or (iii) prior to disclosure under this Agreement, was already in the possession of the receiving party, its Affiliates or sublicensees, without any obligations of confidentialitySublicensees, provided that such Information was not obtained directly or indirectly from the other party under this Agreement; orAgreement with an obligation to keep such information confidential; (iv) the receiving party is able to demonstrate results from research and development by the receiving party or its Affiliates or sublicensees, Sublicensees independent of disclosures from the other party of this Agreementparty, provided that the persons developing such information do have not use or reference had exposure to the Information received from the disclosing party; or; (v) to the extent that it is required by law, regulation, court order or other legal requirement law to be disclosed by the receiving party, provided that the receiving party promptly notifies shall notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement, and receiving party cooperates with disclosing party (at disclosing party’s request and expense) to obtain a protective order or otherwise limit disclosure; or (vi) ALIMERA and EMORY agree the disclosing party agrees in writing may be disclosed.. *** Information redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission

Release from Restrictions. The obligation not to disclose the other party's Information shall not apply to any part of such Information that: (i) is or becomes part of an issued disclosed in a patent or a patent application published pursuant to patent office rulesapplication, otherwise published or otherwise part of the public domain, other than by unauthorized acts of the receiving party obligated not to disclose such Information (for purposes of this Article 11 the “receiving party”) or its Affiliates or sublicensees Sublicensees in contravention of this Agreement; or; (ii) is disclosed to the receiving party or its Affiliates or sublicensees Sublicensees by a third party provided that such Information third party was not obtained by such third party directly or indirectly from obligated to the other party under this Agreementto keep such information confidential; or (iii) prior to disclosure under this Agreement, was already in the possession of the receiving party, its Affiliates or sublicensees, without any obligations of confidentialitySublicensees, provided that such Information was not obtained directly or indirectly from the other party under this Agreement; orAgreement with an obligation to keep such information confidential; (iv) the receiving party is able to demonstrate results from research and development by the receiving party or its Affiliates or sublicensees, Sublicensees independent of disclosures from the other party of this Agreementparty, provided that the persons developing such information do have not use or reference had exposure to the Information received from the disclosing party; or; (v) to the extent that it is required by law, regulation, court order or other legal requirement law to be disclosed by the receiving party, provided that the receiving party promptly notifies shall notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement, and receiving party cooperates with disclosing party (at disclosing party’s request and expense) to obtain a protective order or otherwise limit disclosure; or (vi) ALIMERA and EMORY agree the disclosing party agrees in writing may be disclosed. *** Information redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.

Release from Restrictions. The obligation not to disclose or use Information shall not apply to any part of such Information that: (ia) is or becomes part patented (but the existence of an issued patent or a patent application published pursuant to patent office rulesshall only permit disclosure and not, unless otherwise provided hereunder, use), published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information (for purposes of this Article 11 10 the “"receiving party”") or its Affiliates or sublicensees in contravention of this Agreement; or (iib) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party under to this Agreement; or (iiic) prior to disclosure under the Option Agreement or this Agreement, as the case may be, was already in the possession of the receiving party, its Affiliates or sublicensees, without any obligations of confidentiality, provided that such Information was not obtained directly or indirectly from the other party under to this Agreement; or (ivd) results from research and development by the receiving party or its Affiliates or sublicensees, independent of disclosures from the other party of this Agreement, provided that the persons developing such information do have not use or reference Information had exposure to the information received from the disclosing partyother party to this Agreement; or (ve) to the extent that it is required by law, regulation, court order or other legal requirement law to be disclosed by the receiving party, provided that in the case of disclosure in connection with any litigation, the receiving party promptly notifies uses reasonable efforts to notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement, and receiving party cooperates with disclosing party (at disclosing party’s request and expense) to obtain a protective order or otherwise limit disclosure; or (vif) ALIMERA Triangle and EMORY Mitsubishi agree in writing may be disclosed.

Release from Restrictions. The obligation not to disclose or use Information shall not apply to any part of such Information that: (ia) is or becomes part patented (but the existence of an issued patent or a patent application published pursuant to patent office rulesshall only permit disclosure and not, unless otherwise provided hereunder, use), published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information (for purposes of this Article 11 13 the “"receiving party”") or its Affiliates or sublicensees in contravention of this Agreement; oror *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. (iib) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party under to this Agreement; or (iiic) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the receiving party, its Affiliates or sublicensees, without any obligations of confidentiality, provided that such Information was not obtained directly or indirectly from the other party under to this Agreement; or (ivd) results from research and development by the receiving party or its Affiliates or sublicensees, independent of disclosures from the other party of to this Agreement, provided that the persons developing such information do have not use or reference Information had exposure to the information received from the disclosing partyother party to this Agreement; or (ve) to the extent that it is required by law, regulation, court order or other legal requirement law to be disclosed by the receiving party, provided that in the case of disclosure in connection with any litigation, the receiving party promptly notifies uses reasonable efforts to notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement, and receiving party cooperates with disclosing party (at disclosing party’s request and expense) to obtain a protective order or otherwise limit disclosure; or (vif) ALIMERA Triangle and EMORY Bukwang agree in writing may be disclosed.

Release from Restrictions. The obligation not to disclose or use Information shall not apply to any part of such Information that: (ia) is or becomes part patented (but the existence of an issued patent or a patent application published pursuant to patent office rulesshall only permit disclosure and not, unless otherwise provided hereunder, use), published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information (for purposes of this Article 11 12 the “"receiving party”") or its Affiliates or sublicensees Sublicensees in contravention of this Agreement; or; (iib) is disclosed to the receiving party or its Affiliates or sublicensees Sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party to this Agreement under this Agreement; oran obligation of confidentiality; (iiic) prior to disclosure under this Agreement, was already in the possession of the receiving party, its Affiliates or sublicensees, without any obligations of confidentialitySublicensees, provided that such Information was not obtained directly or indirectly from the other party to this Agreement under this Agreement; oran obligation of confidentiality; (ivd) results from research and development by the receiving party or its Affiliates or sublicenseesSublicensees, independent of disclosures from the other party of to this Agreement, provided that the persons developing such information do have not use or reference had exposure to the Information received from the disclosing party; orother party to this Agreement; (ve) to the extent that it is required by law, regulation, court order or other legal requirement law to be disclosed by the receiving party, provided that in the case of disclosure in connection with any litigation, the receiving party promptly notifies uses reasonable efforts to notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement, and receiving party cooperates with disclosing party (at disclosing party’s request and expense) to obtain a protective order or otherwise limit disclosure; or (vif) ALIMERA and EMORY agree The disclosing party agrees in writing may be disclosed.

Release from Restrictions. The obligation not to disclose the other party's Information shall not apply to any part of such Information that: (i) is or becomes part of an issued disclosed in a patent or a patent application published pursuant to patent office rulesapplication, otherwise published or otherwise part of the public domain, other than by unauthorized acts of the receiving party obligated not to disclose such Information (for purposes of this Article 11 the “receiving party”) or its Affiliates or sublicensees Sublicensees in contravention of this Agreement; or; (ii) is disclosed to the receiving party or its Affiliates or sublicensees Sublicensees by a third party provided that such Information third party was not obtained by such third party directly or indirectly from obligated to the other party under this Agreementto keep such information confidential; or (iii) prior to disclosure under this Agreement, was already in the possession of the receiving party, its Affiliates or sublicensees, without any obligations of confidentialitySublicensees, provided that such Information was not obtained directly or indirectly from the other party under this Agreement; orAgreement with an obligation to keep such information confidential; (iv) the receiving party is able to demonstrate results from research and development by the receiving party or its Affiliates or sublicensees, Sublicensees independent of disclosures from the other party of this Agreementparty, provided that the persons developing such information do have not use or reference had exposure to the Information received from the disclosing party; or*** Information redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. (v) to the extent that it is required by law, regulation, court order or other legal requirement law to be disclosed by the receiving party, provided that the receiving party promptly notifies shall notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement, and receiving party cooperates with disclosing party (at disclosing party’s request and expense) to obtain a protective order or otherwise limit disclosure; or (vi) ALIMERA and EMORY agree the disclosing party agrees in writing may be disclosed.

Release from Restrictions. The obligation not to disclose or use Information shall not apply to any part of such Information that: (ia) is or becomes part patented (but the existence of an issued patent or a patent application published pursuant to patent office rulesshall only permit disclosure and not, unless otherwise provided hereunder, use), published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information (for ***Portions of this page have been omitted pursuant to a request for confidential treatment and filed separately with the omission. purposes of this Article 11 12 the “"receiving party”") or its Affiliates or sublicensees Sublicensees in contravention of this Agreement; or; (iib) is disclosed to the receiving party or its Affiliates or sublicensees Sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party to this Agreement under this Agreement; oran obligation of confidentiality; (iiic) prior to disclosure under this Agreement, was already in the possession of the receiving party, its Affiliates or sublicensees, without any obligations of confidentialitySublicensees, provided that such Information was not obtained directly or indirectly from the other party to this Agreement under this Agreement; oran obligation of confidentiality; (ivd) results from research and development by the receiving party or its Affiliates or sublicenseesSublicensees, independent of disclosures from the other party of to this Agreement, provided that the persons developing such information do have not use or reference had exposure to the Information received from the disclosing party; orother party to this Agreement; (ve) to the extent that it is required by law, regulation, court order or other legal requirement law to be disclosed by the receiving party, provided that in the case of disclosure in connection with any litigation, the receiving party promptly notifies uses reasonable efforts to notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement, and receiving party cooperates with disclosing party (at disclosing party’s request and expense) to obtain a protective order or otherwise limit disclosure; or (vif) ALIMERA and EMORY agree The disclosing party agrees in writing may be disclosed.