Common use of Release from Restrictions Clause in Contracts

Release from Restrictions. The obligation under Section 11.1 not to use or disclose Information shall not apply to any part of such Information that: (a) is or becomes patented, 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”), its Affiliates or sublicensees in contravention of this Agreement; (b) is disclosed to the Receiving Party, 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; (c) prior to disclosure under this Agreement, was already in the possession of the Receiving Party, its Affiliates or sublicensees, provided that such Information was not obtained directly or indirectly from the other Party under this Agreement; (d) results from the research and development by the Receiving Party, its Affiliates or sublicensees, independent of disclosures from the other Party of this Agreement, provided that the persons developing such information have not had exposure to the Information received from the disclosing Party; (e) is required by law to be disclosed by the Receiving Party, provided that the Receiving Party 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; or (f) CBT and EMORY agree in writing may be disclosed.

Release from Restrictions. The obligation under Section 11.1 not to disclose or use or disclose Information shall not apply to any part of such Information that: (a) is or becomes patentedpatented (but the existence of a patent shall 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 party obligated not to disclose such Information; Information (for purposes of this Article 11 13 the “Receiving Partyreceiving party”), ) or its Affiliates or sublicensees in contravention of this Agreement;; or (b) is disclosed to the Receiving Party, receiving party or its Affiliates or sublicensees by a Third Party third party provided that such Information was not obtained by such Third Party third party directly or indirectly from the other Party under party to this Agreement;; or (c) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the Receiving Partyreceiving party, its Affiliates or sublicensees, provided that such Information was not obtained directly or indirectly from the other Party under party to this Agreement;; or (d) results from the research and development by the Receiving Party, receiving party or its Affiliates or sublicensees, independent of disclosures from the other Party of party to this Agreement, provided that the persons developing such information have not had exposure to the Information information received from the disclosing Party; (e) is required by law other party to be disclosed by the Receiving Party, provided that the Receiving Party 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 requirementthis Agreement; or (f) CBT and EMORY agree in writing may be disclosed.

Release from Restrictions. The obligation under Section 11.1 not to disclose or use or disclose Information shall not apply to any part of such Information that: (a) is or becomes patentedpatented (but the existence of a patent shall 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 party obligated not to disclose such Information; Information (for purposes of this Article 11 16 the “Receiving Partyreceiving party”), ) or its Affiliates or sublicensees in contravention of this Agreement;; or (b) is disclosed to the Receiving Party, receiving party or its Affiliates or sublicensees by a Third Party third party provided that such Information was not obtained by such Third Party third party directly or indirectly from the other Party under party to this Agreement;; or (c) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the Receiving Partyreceiving party, its Affiliates or sublicenseesAffiliates, provided that such Information was not obtained directly or indirectly from the other Party under party to this Agreement;; or (d) results result from the research and development by the Receiving Party, receiving party or its Affiliates or sublicenseesAffiliates, independent of disclosures disclosure from the other Party of party to this Agreement, provided that the persons developing such information have not had exposure to the Information received from the disclosing Party;; or (e) is required by law to be disclosed by the Receiving Partyreceiving party, provided that in the Receiving Party case of disclosure in connection with any litigation, the receiving party uses its best reasonable efforts to notify the other Party party immediately upon learning of such requirement in order to give the other Party party reasonable opportunity to oppose such requirement; or (f) CBT Oncotelic and EMORY Autotelic agree in writing may be disclosed.

Release from Restrictions. The obligation under Section 11.1 not to use or disclose Information shall not apply to any part of such Information that: (a) is or becomes patented, published or otherwise part of the public domain, other than by unauthorized acts of the Party party obligated not to disclose such Information; Information (for purposes of this Article 11 10 the “Receiving Party”), "receiving party") or its Affiliates or sublicensees in contravention of this Agreement;; or (b) is disclosed to the Receiving Party, receiving party or its Affiliates or sublicensees by a Third Party third party provided that such Information was not obtained by such Third Party third party directly or indirectly from the other Party under party to this Agreement;; or (c) prior to disclosure under this Agreement, was already in the possession of the Receiving Partyreceiving party, its Affiliates or sublicensees, provided that such Information was not obtained directly or indirectly from the other Party under party to this Agreement;; or (d) results from the research and development by the Receiving Party, receiving party or its Affiliates or sublicensees, independent of disclosures from the other Party party of this Agreement, 41 DAPD provided that the persons developing such information have not had exposure to the Information information received from the disclosing Party;other party to this Agreement; or (e) is required by law to be disclosed by the Receiving Partyreceiving party, provided that the Receiving Party receiving party uses its best reasonable efforts to notify the other Party party immediately upon learning of such requirement in order to give the other Party party reasonable opportunity to oppose such requirement; or (f) CBT COMPANY and EMORY LICENSORS agree in writing may be disclosed.

Release from Restrictions. The obligation under Section 11.1 not to use or disclose Information shall not apply to any part of such Information that: (ai) is or becomes patented, 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 the “Receiving Party”), "receiving party") or its Affiliates or sublicensees Sublicensees in contravention of this Agreement; (bii) is disclosed to the Receiving Party, receiving party or its Affiliates or sublicensees by a Third Party third party provided that such Information was not obtained by such Third Party third party directly or indirectly from the other Party party under this Agreement;; or (ciii) prior to disclosure under this Agreement, was already in the possession of the Receiving Partyreceiving party, its Affiliates or sublicenseesSublicensees, provided that such Information was not obtained directly or indirectly from the other Party party under this Agreement;; or (div) results from the research and development by the Receiving Party, receiving party or its Affiliates or sublicenseesSublicensees, independent of disclosures from the other Party party of this Agreement, provided that the persons developing such information have not had exposure to the Information information received from the disclosing Party;party; or (ev) is required by law to be disclosed by the Receiving Partyreceiving party, provided that the Receiving Party receiving party uses its best efforts to notify the other Party party immediately upon learning of such requirement in order to give the other Party party reasonable opportunity to oppose such requirement; or (fvi) CBT LICENSEE and EMORY agree in writing may be disclosed.

Release from Restrictions. The obligation under Section 11.1 not to use or disclose Information shall not apply to any part of such Information that: (ai) is or becomes patented, published 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 10 the “Receiving Party”), "receiving party") or its Affiliates or sublicensees in contravention of this Agreement;; or (bii) is disclosed to the Receiving Party, receiving party or its Affiliates or sublicensees by a Third Party third party provided that such Information was not obtained by such Third Party third party directly or indirectly from the other Party party under this Agreement;; or (ciii) prior to disclosure under this Agreement, was already in the possession of the Receiving Partyreceiving party, its Affiliates or sublicenseesAffiliates, provided that such Information was not obtained directly or indirectly from the other Party party under this Agreement;; or (div) results from the research and development by the Receiving Party, receiving party or its Affiliates or sublicenseesAffiliates, independent of disclosures from the other Party party of this Agreement, provided that the persons developing such information have not had exposure to the Information information received from the disclosing Party;party; or (ev) is required by law to be disclosed by the Receiving Partyreceiving party, provided that the Receiving Party receiving party uses its best efforts to notify the other Party party immediately upon learning of such requirement in order to give the other Party party reasonable opportunity to oppose such requirement; or (fvi) CBT COMPANY and EMORY agree in writing may be disclosed.

Release from Restrictions. The obligation under Section 11.1 not to disclose or use or disclose Information shall not apply to any part of such Information that: (a) is or becomes patentedpatented (but the existence of a patent shall 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 party obligated not to disclose such Information; Information (for purposes of this Article 11 16 the “Receiving Partyreceiving party”), ) or its Affiliates or sublicensees in contravention of this Agreement;; or (b) is disclosed to the Receiving Party, receiving party or its Affiliates or sublicensees by a Third Party third party provided that such Information was not obtained by such Third Party third party directly or indirectly from the other Party under party to this Agreement;; or (c) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the Receiving Partyreceiving party, its Affiliates or sublicenseesAffiliates, provided that such Information was not obtained directly or indirectly from the other Party under party to this Agreement;; or (d) results result from the research and development by the Receiving Party, receiving party or its Affiliates or sublicenseesAffiliates, independent of disclosures disclosure from the other Party of party to this Agreement, provided that the persons developing such information have not had exposure to the Information received from the disclosing Party;; or (e) is required by law to be disclosed by the Receiving Partyreceiving party, provided that in the Receiving Party case of disclosure in connection with any litigation, the receiving party uses its best reasonable efforts to notify the other Party party immediately upon learning of such requirement in order to give the other Party party reasonable opportunity to oppose such requirement; or (f) CBT Adhera and EMORY Melior agree in writing may be disclosed.

Release from Restrictions. The obligation under Section 11.1 not to use or disclose Information shall not apply to any part of such Information that: (a) is or becomes patented, published or otherwise part of the public domain, other than by unauthorized acts of the Party party obligated not to disclose such Information; * Confidential Treatment Requested Information (for purposes of this Article 11 10 the “Receiving Party”), "receiving party") or its Affiliates or sublicensees in contravention of this Agreement;; or (b) is disclosed to the Receiving Party, receiving party or its Affiliates or sublicensees by a Third Party third party provided that such Information was not obtained by such Third Party third party directly or indirectly from the other Party under party to this Agreement;; or (c) prior to disclosure under this Agreement, was already in the possession of the Receiving Partyreceiving party, its Affiliates or sublicensees, provided that such Information was not obtained directly or indirectly from the other Party under party to this Agreement;; or (d) results from the research and development by the Receiving Party, receiving party or its Affiliates or sublicensees, independent of disclosures from the other Party party of this Agreement, provided that the persons developing such information have not had exposure to the Information information received from the disclosing Party;other party to this Agreement; or (e) is required by law to be disclosed by the Receiving Partyreceiving party, provided that the Receiving Party receiving party uses its best reasonable efforts to notify the other Party party immediately upon learning of such requirement in order to give the other Party party reasonable opportunity to oppose such requirement; or (f) CBT COMPANY and EMORY LICENSOR agree in writing may be disclosed.