Common use of Rights in Property Clause in Contracts

Rights in Property. A. All materials, documents, data, software and information of every kind and description supplied to MEDPACE by or on behalf of SPONSOR hereunder (“SPONSOR Materials”) remain the property of SPONSOR. B. All materials, documents, data, software and information of every kind and description prepared, developed, or generated by MEDPACE pursuant to this Agreement (except for the pre-existing MEDPACE procedural manuals, personal data, methods, procedures, and policies) and all data and information collected, generated, or derived by MEDPACE as the result of Services performed by it under this Agreement, including without limitation study materials, study data, case report forms, and reports (collectively, all of the foregoing shall be “Work Product”) shall be the sole and exclusive property of SPONSOR. C. SPONSOR shall have the right to make whatever use it deems desirable of any SPONSOR Materials or Work Product. MEDPACE shall not, without the prior written consent of SPONSOR, publish, disseminate, or otherwise disclose to any third party any SPONSOR Materials or Work Product (except such disclosure as may be required by law), or use any SPONSOR Materials or Work Product for any purpose other than the performance of this Agreement. D. Any inventions, discoveries, developments, or other intellectual property, including without limitation patents, trade secrets, copyrights and trademarks, and any improvements thereof, that may (i) evolve from SPONSOR Materials or Work Product or (ii) arise as the result of Services performed by MEDPACE under this Agreement (“SPONSOR Inventions”) shall belong exclusively to SPONSOR. E. SPONSOR acknowledges that all computer programs, software, applications, databases, proposals and other documentation that is (i) generally used by MEDPACE and (ii) not directly related to or derived from the Services or developed solely for SPONSOR are the exclusive and confidential property of MEDPACE or the third parties from whom MEDPACE has secured the right of use. SPONSOR agrees that any improvement, alteration or enhancement to MEDPACE systems, software, applications or processes which are developed or implemented during the course of any Services performed hereunder, without the use of any SPONSOR Materials or SPONSOR Confidential Information (or derivatives thereof), shall be the property of MEDPACE.

Rights in Property. A. 9.1. All materials, documents, data, software and information of every kind and description supplied to MEDPACE by VIVUS or on behalf any of SPONSOR hereunder (“SPONSOR Materials”) remain the property of SPONSOR. B. All materialsVIVUS’s clients, documents, data, software and information of every kind and description or prepared, developed, or generated by MEDPACE pursuant to this Agreement Agreement, (except for the pre-existing MEDPACE procedural manuals, personal data, methods, procedures, and policies) are and shall be the sole and exclusive property of VIVUS. Further, all data and information collected, generated, generated or derived by MEDPACE as the result of Services services performed by it under this Agreement, including without limitation study materials, study data, case report forms, and reports (collectively, all of the foregoing Agreement shall be “Work Product”) shall be and remain the sole and exclusive property of SPONSOR. C. SPONSOR VIVUS. VIVUS shall have the right to make whatever use it deems they deem desirable of any SPONSOR Materials such materials, documents, data or Work Productsoftware. MEDPACE shall not, without the prior written consent of SPONSORVIVUS, publish, disseminate, or otherwise disclose to any third party any SPONSOR Materials or Work Product such property (except such disclosure as may be required by law), or use any SPONSOR Materials or Work Product such property for any purpose other than the performance of this Agreement. D. . Any inventions, discoveries, developments, inventions or other intellectual property, including without limitation patents, trade secrets, protectable copyrights and trademarks, and any improvements thereof, that may (i) evolve from SPONSOR Materials the data and information described above or Work Product or (ii) arise as the result of Services performed by MEDPACE under this Agreement (“SPONSOR Inventions”) shall belong exclusively to SPONSORVIVUS and MEDPACE agrees to assign its rights in all such inventions and/or other intellectual property to VIVUS consistent with the obligations set forth in Article 10 below. E. SPONSOR 9.2. VIVUS acknowledges that all computer programs, software, applications, databases, proposals and other documentation that is (i) generally used by MEDPACE and (ii) not directly related to or to, derived from the Services or developed solely for SPONSOR VIVUS are the exclusive and confidential property of MEDPACE or the third parties from whom MEDPACE has secured the right of use. SPONSOR VIVUS agrees that any improvement, alteration or enhancement to MEDPACE systems, software, applications or processes which are developed or implemented during the course of any Services performed hereunder, without the use of any SPONSOR Materials VIVUS data, information, materials or SPONSOR Confidential Information (or derivatives thereof), shall be the property of MEDPACE.

Rights in Property. A. All materials, documents, data, laboratory samples, medical imaging data, software and information of every kind and description supplied to MEDPACE by SPONSOR or on behalf of SPONSOR hereunder (“SPONSOR Materials”) remain the property any of SPONSOR. B. All materials’s clients, documents, data, software and information of every kind and description or prepared, developed, or generated by MEDPACE or the MEDPACE Representatives pursuant to this Agreement (collectively, the “Results”), (except for the pre-existing MEDPACE procedural manuals, personal data, methods, procedures, and policies) are and all data and information collected, generated, or derived by MEDPACE as the result of Services performed by it under this Agreement, including without limitation study materials, study data, case report forms, and reports (collectively, all of the foregoing shall be “Work Product”) shall be the sole and exclusive property of SPONSOR. C. . Further, all Results, and all rights subsisting therein and related thereto, shall be and remain the exclusive property of SPONSOR. SPONSOR shall have the sole right to make whatever use it SPONSOR deems desirable of any SPONSOR Materials or Work Productthe Results. MEDPACE shall not, without the prior written consent of SPONSOR, publish, disseminate, or otherwise disclose to any third party any SPONSOR Materials or Work Product Results (except such disclosure as may be required by law, in which event MEDPACE shall notify SPONSOR thereof in advance), or use any SPONSOR Materials or Work Product Results for any purpose other than the performance of this Agreement. D. . Any inventions, discoveries, developments, inventions or other intellectual property, including without limitation patentspatent rights, trade secrets, protectable copyrights and trademarks, and any improvements thereof, that may (i) evolve from SPONSOR Materials or Work Product or (ii) arise as the result of Services performed by MEDPACE under this Agreement (“SPONSOR Inventions”) Results shall belong exclusively solely to SPONSOR, and MEDPACE agrees to assign its rights in all such inventions and/or other intellectual property to SPONSOR consistent with the obligations set forth in Article 10 below. MEDPACE further agrees to perform such further acts and execute such further documents as may be reasonably necessary to carry out and give full effect to the foregoing arrangements. E. B. SPONSOR acknowledges that all computer programs, software, applications, databases, proposals and other documentation that is (i) generally used by MEDPACE and (ii) not directly related to or to, derived from the Services or developed solely for SPONSOR are the exclusive and confidential property of MEDPACE or the third parties from whom MEDPACE has secured the right of use. SPONSOR agrees that any improvement, alteration or enhancement to MEDPACE systems, software, applications or processes which are developed or implemented during the course of any Services performed hereunder, without the use of any SPONSOR Materials data, information, materials or SPONSOR Confidential Information (or derivatives thereof)) or Results, shall be the property of MEDPACE.

Rights in Property. A. All materials, documents, data, software and information of every kind and description supplied to MEDPACE by SPONSOR or on behalf of SPONSOR hereunder (“SPONSOR Materials”) remain the property any of SPONSOR. B. All materials’s clients, documents, data, software and information of every kind and description or prepared, developed, or generated by MEDPACE pursuant to this Agreement Agreement, (except for the pre-existing preexisting MEDPACE procedural manuals, personal data, methods, procedures, and policies) are and all data and information collected, generated, or derived by MEDPACE as the result of Services performed by it under this Agreement, including without limitation study materials, study data, case report forms, and reports (collectively, all of the foregoing shall be “Work Product”) shall be the sole and exclusive property of SPONSOR. C. . Further, all data and information generated or derived by MEDPACE as the result of services performed by it under this Agreement shall be and remain the exclusive property of SPONSOR. SPONSOR shall have the right to make whatever use it deems they deem desirable of any SPONSOR Materials such materials, documents, data or Work Productsoftware. MEDPACE shall not, without the prior written consent of SPONSOR, publish, disseminate, or otherwise disclose to any third party any SPONSOR Materials or Work Product such property (except such disclosure as may be required by law), or use any SPONSOR Materials or Work Product such property for any purpose other than the performance of this Agreement. D. . Any inventions, discoveries, developments, inventions or other intellectual property, including without limitation patents, trade secrets, protectable copyrights and trademarks, and any improvements thereof, that may (i) evolve from SPONSOR Materials the data and information described above or Work Product or (ii) arise as the result of Services performed by MEDPACE under this Agreement (“SPONSOR Inventions”) shall belong exclusively to SPONSORSPONSOR and MEDPACE agrees to assign its rights in all such inventions and/or other intellectual property to SPONSOR consistent with the obligations set forth in Article 10 below. E. B. SPONSOR acknowledges that all computer programs, software, applications, databases, proposals and other documentation that is (i) generally used by MEDPACE and (ii) not directly related to or to, derived from the Services or developed solely for SPONSOR are the exclusive and confidential property of MEDPACE or the third parties from whom MEDPACE has secured the right of use. SPONSOR agrees that any improvement, alteration or enhancement to MEDPACE systems, software, applications or processes which are developed or implemented during the course of any Services performed hereunder, without the use of any SPONSOR Materials data, information, materials or SPONSOR Confidential Information (or derivatives thereof), shall be the property of MEDPACE.

Rights in Property. A. 9.1. All materials, documents, data, software and information of every kind and description supplied to MEDPACE by SPONSOR or on behalf of SPONSOR hereunder (“SPONSOR Materials”) remain the property any of SPONSOR. B. All materials’s clients, documents, data, software and information of every kind and description or prepared, developed, or generated by MEDPACE pursuant to this Agreement Agreement, (except for the pre-existing MEDPACE procedural manuals, personal data, methods, procedures, and policies) are and all data and information collected, generated, or derived by MEDPACE as the result of Services performed by it under this Agreement, including without limitation study materials, study data, case report forms, and reports (collectively, all of the foregoing shall be “Work Product”) shall be the sole and exclusive property of SPONSOR. C. . Further, all data and information generated or derived by MEDPACE as the result of services performed by it under this Agreement shall be and remain the exclusive property of SPONSOR. SPONSOR shall have the right to make whatever use it deems they deem desirable of any SPONSOR Materials such materials, documents, data or Work Productsoftware. MEDPACE shall not, without the prior written consent of SPONSOR, publish, disseminate, or otherwise disclose to any third party any SPONSOR Materials or Work Product such property (except such disclosure as may be required by law), or use any SPONSOR Materials or Work Product such property for any purpose other than the performance of this Agreement. D. . Any inventions, discoveries, developments, inventions or other intellectual property, including without limitation patents, trade secrets, protectable copyrights and trademarks, and any improvements thereof, that may (i) evolve from SPONSOR Materials the data and information described above or Work Product or (ii) arise as the result of Services performed by MEDPACE under this Agreement (“SPONSOR Inventions”) shall belong exclusively to SPONSOR.SPONSOR and MEDPACE agrees to assign its rights in all such inventions and/or other intellectual property to SPONSOR consistent with the obligations set forth in Article 10 below. MEDPACE Master Services Agreement E. 9.2. SPONSOR acknowledges that all computer programs, software, applications, databases, proposals and other documentation that is (i) generally used by MEDPACE and (ii) not directly related to or to, derived from the Services or developed solely for SPONSOR are the exclusive and confidential property of MEDPACE or the third parties from whom MEDPACE has secured the right of use. SPONSOR agrees that any improvement, alteration or enhancement to MEDPACE systems, software, applications or processes which are developed or implemented during the course of any Services performed hereunder, without the use of any SPONSOR Materials data, information, materials or SPONSOR Confidential Information (or derivatives thereof), shall be the property of MEDPACE.

Rights in Property. A. 9.1. All materials, documents, data, software and information of every kind and description supplied to MEDPACE by or on behalf of SPONSOR hereunder or any of SPONSOR’s clients or designees (the “SPONSOR Materials”) remain the property of SPONSOR. B. All and all materials, documents, data, software and information of every kind and description including any inventions or other intellectual property prepared, developed, or generated by MEDPACE pursuant to this Agreement (except for the pre-existing MEDPACE procedural manuals, personal data, methods, procedures, and policies) and all data and information collected, generated, or derived by MEDPACE as the result of Services performed by it under this Agreement, including without limitation study materials, study data, case report forms, and reports Agreement (collectively, all of the foregoing shall be “Work ProductSPONSOR Deliverables”) shall be and remain the sole and exclusive property of SPONSOR. For purposes of the copyright laws of the United States, SPONSOR Deliverables will constitute “works made for hire,” except to the extent such SPONSOR Deliverables cannot by law be “works made for hire. C. ” SPONSOR shall have the right to make whatever use it deems desirable of any SPONSOR Materials or Work ProductDeliverables. MEDPACE shall not, without the prior written consent of SPONSOR, publish, disseminate, or otherwise disclose to any third party any SPONSOR Materials or Work Product Deliverables (except such disclosure as may be required by law), or use any SPONSOR Materials or Work Product Deliverables for any purpose other than the performance of this Agreement. MEDPACE agrees to assign and hereby assigns its rights in all SPONSOR Deliverables to SPONSOR consistent with the obligations set forth in Article 10 below. D. Any inventions, discoveries, developments, or other intellectual property, including without limitation patents, trade secrets, copyrights and trademarks, and any improvements thereof, that may (i) evolve from SPONSOR Materials or Work Product or (ii) arise as the result of Services performed by MEDPACE under this Agreement (“SPONSOR Inventions”) shall belong exclusively to SPONSOR. E. 9.2. SPONSOR acknowledges that all computer programs, software, applications, databases, proposals and other documentation that is (i) generally used by MEDPACE and (ii) not directly related to or to, derived from the Services or developed solely expressly for SPONSOR (“MEDPACE Property”) are the exclusive and confidential property of MEDPACE or the third parties from whom MEDPACE has secured the right of use. SPONSOR agrees that any improvement, alteration or enhancement to the MEDPACE systems, software, applications or processes which are Property developed or implemented during the course of any Services performed hereunder, without the use of any SPONSOR Materials or SPONSOR Confidential Information (or derivatives thereof), shall be the property of MEDPACE. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934.