Common use of Right to Use Non Clause in Contracts

Right to Use Non. Clinical, Clinical and Other Information. Notwithstanding anything else herein to the contrary, GelTex shall be entitled to disclose, deliver and authorize the use of any non-clinical, clinical and any other information relating to Compound (which may include the full text of an NDA or other regulatory filing) to a Third Party who becomes a licensee of Compound outside the Territory, provided that, the Parties will negotiate in good faith to reimburse Sankyo for a pro-rata portion of any phase IV clinical data obtained by Sankyo. Should GelTex disclose or deliver to any Third Party any information hereunder that is subject to the confidentiality provisions of Article 11, GelTex shall ensure that such Third Party shall be bound by substantially the same terms and conditions as are set forth in Article 11 with respect to such confidential information. In addition, GelTex shall be permitted to use, and allow Third Party licensees to use all such non-clinical, clinical and other information outside of the Field. Notwithstanding anything else herein to the contrary, Sankyo shall be entitled to disclose, deliver and authorize the use of any non-clinical, clinical and any other information relating to Compound (which may include the full text of an NDA or other regulatory filing) to a Third Party who becomes a licensee of Compound inside the Territory and in the Field. Should Sankyo disclose or deliver to any Third Party any information hereunder that is subject to the confidentiality provisions of Article 11, Sankyo shall ensure that such Third Party shall be bound by substantially the same terms and conditions as are set forth in Article 11 with respect to such confidential information.

Right to Use Non. Clinical, Clinical and Other Information. Notwithstanding anything else herein to the contrary, GelTex shall be entitled to disclose, deliver and authorize the use of any non-clinical, clinical and any other information relating to Compound Product (which may include the full text of an NDA or other regulatory filing) to a Third Party who becomes a licensee of Compound Product outside the Territory, provided that, the Parties will negotiate in good faith to reimburse Sankyo for a pro-rata portion of any phase IV clinical data obtained by Sankyo. Should GelTex disclose or deliver to any a Third Party any information hereunder that is subject to the confidentiality provisions of Article 1110, GelTex shall ensure that such Third Party shall be bound by substantially the same terms and conditions as are set forth in Article 11 10 with respect to such confidential information. In addition, GelTex shall be permitted to use, and allow Third Party licensees to use all such non-clinical, clinical and other information outside of the Field. Notwithstanding anything else herein to the contrary, Sankyo shall be entitled to disclose, deliver and authorize the use of any non-clinical, clinical and any other information relating to Compound Product (which may include the full text of an NDA or other regulatory filing) to a Third Party who becomes a licensee of Compound Product inside the Territory and in the Field. Should Sankyo disclose or deliver to any a Third Party any information hereunder that is subject to the confidentiality provisions of Article 1110, Sankyo shall ensure that such Third Party shall be bound by substantially the same terms and conditions as are set forth in Article 11 10 with respect to such confidential information.