Common use of Technical Publications Clause in Contracts

Technical Publications. Neither Party may publish peer reviewed manuscripts, or give other forms of public disclosure such as abstracts and presentations, of data or results of activities under this Agreement with respect to Products for use in the Field in the Territory, without the opportunity for prior review by the other Party, except to the extent required by applicable Laws. A Party seeking publications shall provide the other Party the opportunity to review and comment on any proposed manuscripts or presentations which relate to any Product at least sixty (60) days prior to their intended submission for publication or presentation. The other Party shall provide the Party seeking publication with its comments in writing, if any, within thirty (30) Business Days after receipt of such proposed manuscripts or presentations. The Party seeking publication shall consider in good faith such comments thereto provided by the other Party and shall remove from the proposed manuscripts or presentations any and all of the other Party’s Confidential Information at the request of such other Party. In addition, the Party seeking publication shall delay the submission for a period up to ninety (90) days in the event that the other Party can demonstrate reasonable need for such delay, including the preparation and filing of a Patent application. If the other Party fails to provide its comments to the Party seeking publication within such thirty (30) Business Day period, such other Party shall be deemed not to have any comments, and the Party seeking publication shall be free to publish in accordance with this Section 8.5 after the sixty (60) day period has elapsed. The Party seeking publication shall provide the other Party a copy of the manuscript or presentation at the time of the submission. The Party seeking publication shall not have the right to publish or present the other Party’s Confidential Information without prior written consent of the other Party, except as expressly permitted in this Agreement. The contribution of each Party shall be noted in all publications or presentations by acknowledgment or co-authorship, whichever is appropriate. THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.

Appears in 2 contracts

Samples: Development and Commercialization Agreement (Mesoblast LTD), Development and Commercialization Agreement (Mesoblast LTD)

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Technical Publications. Neither Party may publish peer reviewed manuscripts, or give other forms of public disclosure such as abstracts and presentations, of data or results of activities under this Agreement with respect to Products for use in the Field in the Territory, without the opportunity for prior review by the other Party, except to the extent required by applicable Laws. A Party seeking publications shall provide the other Party the opportunity to review and comment on any proposed manuscripts or presentations which relate to any Product at least sixty (60) days prior to their intended submission for publication or presentation. The other Party shall provide the Party seeking publication with its comments in writing, if any, within thirty (30) Business Days after receipt of such proposed manuscripts or presentations. The Party seeking publication shall consider in good faith such comments thereto provided by the other Party and shall remove from the proposed manuscripts or presentations any and all of the other Party’s Confidential Information at the request of such other Party. In addition, the Party seeking publication shall delay the submission for a period up to ninety (90) days in the event that the other Party can demonstrate reasonable need for such delay, including the preparation and filing of a Patent application. If the other Party fails to provide its comments to the Party seeking publication within such thirty (30) Business Day period, such other Party shall be deemed not to have any comments, and the Party seeking publication shall be free to publish in accordance with this Section 8.5 after the sixty (60) day period has elapsed. The Party seeking publication shall provide the other Party a copy of the manuscript or presentation at the time of the submission. The Party seeking publication shall not have the right to publish or present the other Party’s Confidential Information without prior written consent of the other Party, ** Portions of the Exhibit have been omitted and have been filed separately pursuant to an application for confidential treatment filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. except as expressly permitted in this Agreement. The contribution of each Party shall be noted in all publications or presentations by acknowledgment or co-authorship, whichever is appropriate. THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.

Appears in 1 contract

Samples: Development and Commercialization Agreement (Cephalon Inc)

Technical Publications. Neither Party may publish peer reviewed manuscripts, or give other forms of public disclosure such as abstracts and presentations, of data or results of activities under this Agreement with respect to Products for use in the Field in the Territory, without the opportunity for prior review by the other Party, except to the extent required by applicable Laws. A Party seeking publications shall provide the other Party the opportunity to review and comment on any proposed manuscripts or presentations which relate to any Product at least sixty (60) days prior to their intended submission for publication or presentation. The other Party shall provide the Party seeking publication with its comments in writing, if any, within thirty (30) Business Days after receipt of such proposed manuscripts or presentations. The Party seeking publication shall consider in good faith such comments thereto provided by the other Party and shall remove from the proposed manuscripts or presentations any and all of the other Party’s Confidential Information at the request of such other Party. In addition, the Party seeking publication shall delay the submission for a period up to ninety (90) days in the event that the other Party can demonstrate reasonable need for such delay, including the preparation and filing of a Patent application. If the other Party fails to provide its comments to the Party seeking publication within such thirty (30) Business Day period, such other Party shall be deemed not to have any comments, and the Party seeking publication shall be free to publish in accordance with this Section 8.5 after the sixty (60) day period has elapsed. The Party seeking publication shall provide the other Party a copy of the manuscript or presentation at the time of the submission. The Party seeking publication shall not have the right to publish or present the other Party’s Confidential Information without prior written consent of the other Party, except as expressly permitted in this Agreement. The contribution of each Party shall be noted in all publications or presentations by acknowledgment or co-authorship, whichever is appropriate. THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.

Appears in 1 contract

Samples: Development and Commercialization Agreement (Cephalon Inc)

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Technical Publications. Neither Party may publish peer reviewed manuscripts, manuscripts or give other forms of public disclosure such as abstracts and or congress presentations, of data or results of activities studies carried out under this Agreement with respect to Products for use in the Field in the Territory(collectively “Technical Publication”), without the opportunity for prior review and coordination by the other Party, except to the extent required by applicable Applicable Laws. A Party seeking publications shall a Technical Publication will provide the other Party the opportunity to review and comment on any such proposed manuscripts or presentations which relate to any Product publication at least sixty [***] (60[***]) days (but only [***] ([***]) Business Days for abstracts or congress presentations) prior to their its intended submission for publication presentation or presentationpublication. The other Party shall will provide the Party seeking publication with its comments in writing, if any, within thirty [***] (30[***]) days (but only [***] ([***]) Business Days for abstracts or congress presentations) after receipt of such proposed manuscripts publication. Shorter review timelines are acceptable so long as a Party notifies the other Party at least [***] ([***]) Business Days prior to sending the proposed publication to the other Party for review and comment of such shorter timelines and provided that the time for the other Party to review and comment the proposed publication shall in no event be less than [***] ([***]) days (or, respectively, [***] ([***]) Business Days for abstracts or congress presentations). In the event of such a shorter timeline, the other Party will provide the Party seeking publication with its comments in writing, if any, within such notified shorter timeline. The Party seeking publication shall will consider in good faith such any comments thereto provided by the other Party and shall Party, provided that it will in any event comply with the other Party’s request to remove from the proposed manuscripts or presentations any and all of the such other Party’s Confidential Information at from the request of such other Partyproposed publication. In addition, the Party seeking publication shall a Technical Publication will delay the submission for a period up to ninety [***] (90[***]) days in the event that if the other Party can demonstrate reasonable need for such delay, including the preparation and filing of a Patent application. If the other Party fails to provide its comments to the Party seeking publication within such thirty (30) Business Day periodthe applicable review and commenting time set forth in the preceding sentences, such other Party shall will be deemed not to have any comments, and the Party seeking publication shall will be free to publish in accordance with this Section 8.5 10.5 after the sixty (60) day period respective review timeline has elapsed. The Party seeking publication shall will provide the other Party with a copy of the abstract, congress presentation, or manuscript or presentation at the time of the submission. The Each Party seeking publication shall not have agrees to acknowledge the right to publish or present the other Party’s Confidential Information without prior written consent contributions of the other Party, except as expressly permitted in this Agreement. The contribution of each Party shall be noted and its employees in all publications Technical Publications as scientifically appropriate, unless such other Party objects, and provided that in any event a publication by Clovis will include, and Clovis will ensure that any publication of its Affiliates or presentations by acknowledgment or co-authorshipSublicensees will include, whichever is appropriate. THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSIONa reference to 3BP as the developer of the underlying technology.

Appears in 1 contract

Samples: License and Collaboration Agreement (Clovis Oncology, Inc.)

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