Common use of Scientific Papers Clause in Contracts

Scientific Papers. Each Party through is Alliance Manager shall provide to the other, prior to submission of a draft of any articles and papers, including primary reports of Data, pooled analyses, theses, dissertations and review papers concerning a CoDev Product, which have been prepared by or on behalf of such Party or under a CoDev Product Plan (each a “Scientific Paper”) to be published in medical and scientific journals and similar publications (“Medical Journals”). Commencing with the receipt of such draft Scientific Paper, the receiving Party shall have [***] Business Days to notify the sending Party of its observations and suggestions with respect thereto (it being understood that, during such [***] Business Day period, no submission for publication thereof shall take place) and the Parties shall discuss these observations and suggestions. The receiving Party shall have the right to require modifications to such Scientific Paper to remove the Confidential Information of the receiving Party if so requested by the receiving Party. The Party proposing to publish such Scientific Paper shall, in good faith, consider the comments made by the other Party, particularly if disclosure may be prejudicial to the other Party’s opportunity to obtain any Patent. The other Party may in good faith require that the publication be suspended for a period of time not exceeding [***] days if a Patent may be filed using the Data or other Know-How covered in the proposed publication, which period could be extended to an additional [***] month period with respect to Data or other Know-How useful to enrich the Patent applications provided that in the event such additional delay is requested, (a) such requesting Party must reasonably demonstrate the need for such extension by providing the other Party with a detailed rationale and explanation therefore along with a reasonably detailed work plan as to how such delay and experiments may improve patentability and (b) the Parties will discuss in good faith the scope and duration of any such extended delay (not to exceed such [***] months). Neither Party will publish or present any Confidential Information of the other Party without such other Party’s prior written consent. The sending Party shall provide to the receiving Party a copy of each final Scientific Paper published by a Medical Journal within [***] Business Days of publication thereof.

Scientific Papers. Each Party through is Alliance Manager the JDRC or its designee shall provide to the other, prior to submission of for publication, a draft of any articles and papers, including primary reports of Data, pooled analyses, theses, dissertations and review papers containing Confidential Information or concerning a CoDev Product, Product which have been prepared by or on behalf of such Party (or under by a CoDev Product Plan Clinical Study site contracted by such Party as sponsor of the relevant Clinical Study) (each a “Scientific Paper”) to be published in indexed medical and scientific journals and similar publications (“Medical Journals”). Commencing with the receipt of such draft Scientific Paper, the receiving Party shall have [***] fifteen (15) Business Days to notify the sending Party of its observations and suggestions with respect thereto (it being understood that, during such [***] fifteen (15) Business Day Days period, no submission for publication thereof shall take place) and the Parties shall discuss these observations and suggestions. The receiving Party shall have the right to require modifications to such Scientific Paper to remove the Confidential Information of the receiving Party if so requested by the receiving Party. The Party proposing to publish such Scientific Paper shall, in good faith, consider the comments made by the other Party, particularly if disclosure may be prejudicial to the other Party’s opportunity to obtain any Patent. The other Party may in good faith require that the publication be suspended for a period of time not exceeding [***] sixty (60) days if a Patent may be filed using the Data or other Know-Know How covered in the proposed publication, which period could be extended to an additional [***] month period with respect to Data or other Know-How useful to enrich the Patent applications provided that in the event such additional delay is requested, (a) such requesting Party must reasonably demonstrate the need for such extension by providing the other Party with a detailed rationale and explanation therefore along with a reasonably detailed work plan as to how such delay and experiments may improve patentability and (b) the Parties will discuss in good faith the scope and duration of any such extended delay (not to exceed such [***] months). Neither Party will publish or present any Confidential Information of the other Party without such other Party’s prior written consent. The sending Party shall provide to the receiving Receiving Party a copy copies of each any final Scientific Paper published accepted by a Medical Journal Journal, within [***] ten (10) Business Days after the approval thereof (upon availability and distribution of publication thereofsuch information assuming that providing such information is acceptable taking into consideration the publishers’ need to comply with any healthcare compliance guidelines). To enable free exchange of copyrighted material between the Parties, each Party agrees that it has or shall (i) obtain and maintain, at its own expense, an annual copyright license or equivalent license from the copyright clearance center and (ii) list the other Party as a collaborator in an agreement with the copyright clearance center if required by such agreement.

Scientific Papers. Each Party may present, disclose or publish any information, data (including Data), and other results related to Collaboration Products that have not previously been presented, disclosed or published (“Product Information”) that are consistent with the medical and scientific communications plan contemplated in Section 10.4, through is Alliance Manager scientific publications in accordance with this Section 10.5. (a) In accordance with such plan, each Party shall (i) discuss any proposed publications with the other Party through the dedicated Publications Working Group pursuant to Section 3.3(b)(ii), consider any comments provided by the other Party in good faith and provide periodic updates on the status of such proposed publication (ii) provide to the otherother Party, prior to submission of for publication, a draft of any articles and papers, including primary reports of Data, pooled analyses, theses, dissertations and review papers a proposed submission concerning a CoDev Productthe Product Information, which have has been prepared by or on behalf of such Party (or under by a CoDev Product Plan Clinical Study site contracted by Seres as sponsor of the relevant Clinical Study) (each a “Scientific Paper”) ), to be published in indexed medical and scientific journals and similar publications (“Medical Journals”). . (b) Commencing with the receipt of such draft Scientific Paper, the receiving Party shall have [***] Business Days to notify review such draft Scientific Paper for consistency with the sending Party of its observations and suggestions with respect thereto plan in Section 10.4 (it being understood that, during such [***] Business Day period, no submission for publication thereof shall take place). (c) and In the Parties shall discuss these observations and suggestions. The receiving Party shall have the right to require modifications to such Scientific Paper to remove the Confidential Information of event the receiving Party if so requested by confirms that such draft Scientific Paper is consistent with such plan, but has comments thereto, the receiving Party. The Party proposing to publish such Scientific Paper shall, in good faith, consider the comments made by the other receiving Party. In the event the receiving Party believes that such draft Scientific Paper is not consistent with such plan, particularly if disclosure may then such disagreement shall be prejudicial discussed and resolved through the dedicated Publications Working Group pursuant to Section 3.3(b)(ii). (d) The receiving Party shall have the other Party’s opportunity right to obtain any Patent. The other Party may in good faith require that the publication of such Scientific Paper be suspended for a period of time not exceeding [***] days if to permit a Patent may to be filed using the Data or other Know-How covered in the proposed publication, which period could be extended to an additional [***] month period with respect to Data or other Know-How useful to enrich the Patent applications provided that in the event such additional delay is requested, Scientific Paper. (ae) such requesting Party must reasonably demonstrate the need for such extension by providing the other Party with a detailed rationale and explanation therefore along with a reasonably detailed work plan as to how such delay and experiments may improve patentability and (b) the Parties will discuss in good faith the scope and duration of any such extended delay (not to exceed such [***] months). Neither Party will publish or present any Confidential Information it receives from or on behalf of the other Party without such other Party’s prior written consent. . (f) The sending Party shall provide to the receiving Party a copy copies of each any final Scientific Paper published accepted by a Medical Journal within [***] Business Days after the approval thereof, subject to applicable Medical Journal publisher’s rules, guidelines and any other health care compliance guidelines. (g) Prior to commencing the process set forth in this Section 10.5 for review and submission of drafts, each publishing Party agrees to provide, through the dedicated Publications Working Group pursuant to Section 3.3(b)(ii), notice of such Party’s intent to publish and an outline of the proposed publication, sufficiently in advance for the other Party’s member of such Working Group to comment on whether such proposed publication thereofis consistent with the plan in Section 10.4 and the content in the outline. The publishing Party shall incorporate reasonable comments received in preparing the draft Scientific Paper.

Scientific Papers. Each Party may present, disclose or publish any information, data (including Data), and other results related to the Compound and the Product that have not previously been presented, disclosed or published (“Compound and Product Information”) through is Alliance Manager scientific publications in accordance with this Article 9.6 and subject to any obligations set forth under Licensor’s agreements with Third Party licensees. (a) Each Party shall provide to the otherother Party, prior to submission of for publication, a draft of any articles the proposed submission concerning the Compound and papers, including primary reports of Data, pooled analyses, theses, dissertations and review papers concerning a CoDev Product, Product Information which have been prepared by or on behalf of such Party (or under by a CoDev Product Plan Clinical Study site contracted by such Party as sponsor of the relevant Clinical Study) or through any Investigator Sponsored Clinical Studies (each a “Scientific Paper”) to be published in indexed medical and scientific journals and similar publications (“Medical Journals”). . (b) Commencing with the receipt of such draft Scientific Paper, the receiving Party shall have [***] ([***]) Business Days to notify the sending Party of its observations and suggestions consent or denial with respect thereto to the publication of such Scientific Paper (it being understood that, during such [***] ([***]) Business Day period, no submission for publication thereof shall take place). (c) and In the Parties shall discuss these observations and suggestions. The receiving Party shall have the right to require modifications to such Scientific Paper to remove the Confidential Information of event the receiving Party if so requested by consents to the receiving Party. The publications, but has comments thereto, the Party proposing to publish such Scientific Paper shall, in good faith, consider the comments made by the other receiving Party, particularly if disclosure such publication may be prejudicial to the other receiving Party’s opportunity to obtain any Patent. Patent rights. (d) The other receiving Party may in good faith require that the publication of such Scientific Paper be suspended for a period of time not exceeding [***] ([***]) days if to permit a Patent may to be filed using the Data or other Know-How covered in the proposed publication, which period could be extended to an additional [***] month period with respect to Data or other Know-How useful to enrich the Patent applications provided that in the event such additional delay is requested, Scientific Paper. (ae) such requesting Party must reasonably demonstrate the need for such extension by providing the other Party with a detailed rationale and explanation therefore along with a reasonably detailed work plan as to how such delay and experiments may improve patentability and (b) the Parties will discuss in good faith the scope and duration of any such extended delay (not to exceed such [***] months). Neither Party will publish or present any Confidential Information of the other Party without such other Party’s prior written consent. . (f) The sending Party shall provide to the receiving Party a copy copies of each any final Scientific Paper published accepted by a Medical Journal within [***] ([***]) Business Days after the approval thereof, subject to applicable Medical Journal publisher’s rules, guidelines and any other health care compliance guidelines. (g) To enable free exchange of publication thereofcopyrighted material between the Parties, each Party agrees that it has or shall (i) obtain and maintain, at its own expense, an annual copyright license or equivalent license from the copyright clearance center and (ii) list the other Party as a collaborator in an agreement with the copyright clearance center if required by such agreement. (h) Notwithstanding anything to the contrary in this Article 9.6, Licensor retains the right to publish, subject to subsections (a), (d), (e), (f) and (g), Compound and Product Information arising from the Ongoing Clinical Studies. (i) Notwithstanding anything to the contrary in this Article 9.6, with respect a Scientific Paper containing Compound and Product Information arising from an Investigator Sponsored Clinical Study supported by a Party, each Party will use reasonable efforts to follow the process described in subsections (a), (d), (e), (f) and (g), subject to compliance with best practices guidelines in the pharma industry and the provisions of such Party’s agreement with the Third Party sponsor.

Scientific Papers. Each Party through is Alliance Manager the JSC or its designee shall provide to the other, prior to submission for publication, of a draft of any articles and papers, including primary reports of Data, pooled analyses, theses, dissertations and review papers containing Confidential Information or concerning a CoDev Product, the Licensed Compound or Licensed Product which have been prepared by or on behalf of such Party or under a CoDev Product the Development Plan (each a “Scientific Paper”) to be published in indexed medical and scientific journals and similar publications (“Medical Journals”). Commencing with the receipt of such draft Scientific Paper, the receiving Receiving Party shall have [***] Business Days * to notify the sending Party of its observations and suggestions with respect thereto (it being understood that, during such [***] Business Day * period, no submission for publication thereof shall take place) and the Parties shall discuss these observations and suggestions. The receiving Party shall have the right to require modifications to such Scientific Paper to remove the Confidential Information of the receiving Party if so requested by the receiving Party. The Party proposing to publish such Scientific Paper shall, in good faith, consider the comments made by the other Party, particularly if disclosure may be prejudicial to the other Party’s opportunity to obtain any Patent. The other Party may in good faith require that the publication be suspended for a period of time not exceeding [***] days if a Patent may be filed using the Data or other Know-How covered in the proposed publication, which period could be extended to an additional [***] month period with respect to Data or other Know-How useful to enrich the Patent applications provided that in the event such additional delay is requested, (a) such requesting Party must reasonably demonstrate the need for such extension by providing the other Party with a detailed rationale and explanation therefore along with a reasonably detailed work plan as to how such delay and experiments may improve patentability and (b) the Parties will discuss in good faith the scope and duration of any such extended delay (not to exceed such [***] months). Neither Party will publish or present any Confidential Information of the other Party without such other Party’s prior written consent. The sending Party shall provide to the receiving Receiving Party a copy copies of each any final Scientific Paper published accepted by a Medical Journal Journal, within [***] Business Days * after the approval thereof (upon availability and distribution of publication thereofsuch information assuming that providing such information is acceptable taking into consideration the publishers’ need to comply with any healthcare compliance guidelines). To enable free exchange of copyrighted material between the Parties, each Party agrees that it has or shall (i) obtain and maintain, at its own expense, an Annual Copyright License or equivalent license from the Copyright Clearance Center and (ii) list the other Party as a collaborator in an agreement with the Copyright Clearance Center if required by such agreement.

Scientific Papers. Each Party through is Alliance Manager the JSC or its designee shall provide to the other, prior to submission of a draft of any articles and papers, including primary reports of Data, pooled analyses, theses, dissertations and review papers concerning a CoDev Product, the Product which have been prepared by or on behalf of such Party or under a CoDev Product the Joint Development Plan or the Collaboration Plan (each a “Scientific Paper”) to be published in medical and scientific journals and similar publications (“Medical Journals”). Commencing with the receipt of such draft Scientific Paper, the receiving Party shall have [***] Business Days to notify the sending Party of its observations and suggestions with respect thereto (it being understood that, during such [***] ]Business Day period, no submission for publication thereof shall take place) and the Parties shall discuss these observations and suggestions. The receiving Party shall have the right to require modifications to such Scientific Paper to for patent reasons, trade secret reasons or business reasons, and the sending Party shall remove the all Confidential Information of the receiving Party if so requested by the receiving Party. The Party proposing to publish such Scientific Paper shall, in good faith, consider the comments made by the other Party, particularly if disclosure may be prejudicial to the other Party’s opportunity to obtain any Patent. The other Party may in good faith require that the publication be suspended for a period of time not exceeding [***] days if a Patent may be filed using the Data or other Know-How covered in the proposed publication, which period could be extended to an additional [***] month period with respect to Data or other Know-How useful to enrich the Patent patent applications provided that in the event such additional delay is requested, (a) such requesting Party must reasonably demonstrate the need for such extension by providing the other Party with a detailed rationale and explanation therefore therefor along with a reasonably detailed work plan as to how such delay and experiments may improve patentability and (b) the Parties will discuss in good faith the scope and duration of any such extended delay (not to exceed such [***] months]). Neither Party will publish or present any Confidential Information of the other Party without such other Party’s prior written consent. The sending Party shall provide to the receiving Party a copy copies of each any final Scientific Paper published accepted by a Medical Journal within Journal, not less than [***] Business Days prior to the planned publication thereof (upon availability and distribution of publication thereofsuch information assuming that providing such information is acceptable taking into consideration the publishers’ need to comply with any healthcare compliance guidelines). To enable free exchange of copyrighted material between the Parties, each Party agrees that it has or shall (i) obtain and maintain, at its own expense, an Annual Copyright License or equivalent license from the Copyright Clearance Center and (ii) list the other Party as a collaborator in an agreement with the Copyright Clearance Center.

Scientific Papers. Each Party through is Alliance Manager the JSC or its designee shall provide to the other, prior to submission of a draft of any articles and papers, including primary reports of Data, pooled analyses, theses, dissertations and review papers concerning a CoDev Product, the Product which have been prepared by or on behalf of such Party or under a CoDev Product the Joint Development Plan or the Collaboration Plan (each a “Scientific Paper”) to be published in medical and scientific journals and similar publications (“Medical Journals”). Commencing with the receipt of such draft Scientific Paper, the receiving Party shall have [***] Business Days to notify the sending Party of its observations and suggestions with respect thereto (it being understood that, during such [***] ]Business Day period, no submission for publication thereof shall take place) and the Parties shall discuss these observations and suggestions. The receiving Party shall have the right to require modifications to such Scientific Paper to for patent reasons, trade secret reasons or business reasons, and the sending Party shall remove the all Confidential Information of the receiving Party if so requested by the receiving Party. The Party proposing to publish such Scientific Paper shall, in good faith, consider the comments made by the other Party, particularly if disclosure may be prejudicial to the other Party’s opportunity to obtain any Patent. The other Party may in good faith require that the publication be suspended for a period of time not exceeding [***] days if a Patent may be filed using the Data or other Know-How covered in the proposed publication, which period could be extended to an additional [***] month period with respect to Data or other Know-How useful to enrich the Patent patent applications provided that in the event such additional delay is requested, (a) such requesting Party must reasonably Confidential demonstrate the need for such extension by providing the other Party with a detailed rationale and explanation therefore therefor along with a reasonably detailed work plan as to how such delay and experiments may improve patentability and (b) the Parties will discuss in good faith the scope and duration of any such extended delay (not to exceed such [***] months]). Neither Party will publish or present any Confidential Information of the other Party without such other Party’s prior written consent. The sending Party shall provide to the receiving Party a copy copies of each any final Scientific Paper published accepted by a Medical Journal within Journal, not less than [***] Business Days prior to the planned publication thereof (upon availability and distribution of publication thereofsuch information assuming that providing such information is acceptable taking into consideration the publishers’ need to comply with any healthcare compliance guidelines). To enable free exchange of copyrighted material between the Parties, each Party agrees that it has or shall (i) obtain and maintain, at its own expense, an Annual Copyright License or equivalent license from the Copyright Clearance Center and (ii) list the other Party as a collaborator in an agreement with the Copyright Clearance Center.