Common use of TRANSMITTAL OF INFORMATION Clause in Contracts

TRANSMITTAL OF INFORMATION. Any information which is transmitted by one party to the other party in connection with the entering into or the performance of the Agreement, shall be kept confidential by the receiving party and its Affiliates and/or Sublicensees prior to the expiration or termination of the Agreement and for a period of five (5) years thereafter its expiration. The foregoing obligation shall not apply to: (a) any information which at the time of disclosure or acquisition is part of the public knowledge or literature, or thereafter becomes part of the public knowledge or literature otherwise than by unauthorised disclosure by the recipient; (b) any disclosure of information to the United States Food and Drug Administration (“FDA”) or other similar governmental authority for the purpose of complying with regulatory requirements regarding Licensed Product; (c) any information which at the time of disclosure or acquisition was in the recipient’s possession as evidenced by its written records; (d) any information which became available to the recipient from another source not bound to secrecy to the disclosing party with respect to such information; (e) disclosure by the recipient to third parties under provisions of confidentiality similar to those contained in the Agreement for the purposes of development or marketing of the Licensed Product or financing thereof; and (f) any disclosure of information required by law; provided; however, that BII shall have the right to review any press releases relating to the Agreement prior to dissemination by BMI.

TRANSMITTAL OF INFORMATION. Any information which is transmitted by one party to the other party in connection with the entering into or the performance of the Agreement, shall be kept confidential by the receiving party and its Affiliates and/or Sublicensees prior to the expiration or termination of the Agreement and for a period of five (5) years thereafter its expiration. The foregoing obligation shall not apply to: (a) any information which at the time of disclosure or acquisition is part of the public knowledge or literature, or thereafter becomes part of the public knowledge or literature otherwise than by unauthorised disclosure by the recipient; (b) any disclosure of information to the United States Food and Drug Administration (“"FDA”") or other similar governmental authority for the purpose of complying with regulatory requirements regarding Licensed Product; (c) any information which at the time of disclosure or acquisition was in the recipient’s 's possession as evidenced by its written records; (d) any information which became available to the recipient from another source not bound to secrecy to the disclosing party with respect to such information; (e) disclosure by the recipient to third parties under provisions of confidentiality similar to those contained in the Agreement for the purposes of development or marketing of the Licensed Product or financing thereof; and (f) any disclosure of information required by law; provided; however, that BII shall have the right to review any press releases relating to the Agreement prior to dissemination by BMI. [*]=CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.

TRANSMITTAL OF INFORMATION. Any information which is transmitted by one party Party to the other party Party in connection with the entering into or the performance of the Agreement, shall be kept confidential by the receiving party Party and its Affiliates and/or Sublicensees prior to the expiration or termination of the Agreement and for a period of five (5) [*] years thereafter after its expiration. The foregoing obligation shall not apply to: (a) any information which at the time of disclosure or acquisition is part of the public knowledge or literature, or thereafter becomes part of the public knowledge or literature otherwise than by unauthorised unauthorized disclosure by the recipient; (b) any disclosure of information to the United States Food and Drug Administration (“FDA”) or other similar governmental authority for the purpose of complying with regulatory requirements regarding Licensed Product; (c) any information which at the time of disclosure or acquisition was in the recipient’s rightful possession as evidenced by its written records; (d) any information which became rightfully available to the recipient from another source not bound to secrecy to the disclosing party Party with respect to such information; (e) disclosure by the recipient to third parties a Third Party under provisions of confidentiality similar to those contained in the Agreement for the purposes of development or marketing of the Licensed Product or financing thereof; and (f) any disclosure of information required by law; provided; however, that BII shall have the right to review any press releases relating to the Agreement prior to dissemination by BMI.