Common use of Use of Name and Disclosure of Terms Clause in Contracts

Use of Name and Disclosure of Terms. Except as necessary to perform a Party’s obligations under this Agreement, each Party shall (a) keep the existence of, the terms of and the transactions and the subject matter covered by, this Agreement confidential and shall not disclose such information to any other Person through a press release or otherwise and (b) not mention or otherwise use the name or any Trademark of the other Party or its Affiliates in connection with this Agreement, in each case ((a) and (b)), without the prior written consent of the other Party in each instance (which shall not be unreasonably withheld, conditioned or delayed). The restrictions imposed by this Section 12.5 shall not prohibit either Party from making any disclosure identifying the other Party that is required by Applicable Law or the requirements of a national securities exchange or another similar regulatory body, provided that any such disclosure shall be governed by Section 12.2. Further, the restrictions imposed on each Party under this Section 12.5 are not intended, and shall not be construed, to prohibit a Party from (x) identifying the other Party in its internal business communications or in connection with presentations to potential investors, provided that any Confidential Information in such communications remains subject to this Article 12 or (y) disclosing (i) information for which consent has previously been obtained and (ii) information of a similar nature to that which has been previously disclosed publicly with respect to this Agreement, each of which ((i) and (ii)) shall not require advance approval, but copies of which shall be provided to the other Party as soon as practicable after the release or communication thereof. Notwithstanding anything else contained herein, VIVUS hereby consents to KADMON referencing the Product on its corporate website as a Product it Promotes, provided that any such reference must be (i) pre-approved by the VIVUS promotional review committee and (ii) in accordance with Applicable Law.

Use of Name and Disclosure of Terms. Except as necessary to perform a Party’s obligations under this Agreement, each Party shall (a) shall keep the existence ofexistence, the terms of and the transactions terms, and the subject matter (including the applicable transactions) covered by, by this Agreement confidential and shall not disclose such information to any other Person through a press release or otherwise and (b) shall not mention or otherwise use the name or any Trademark trademark of the other Party or its Affiliates in connection with this Agreement, in each case ((a) and (b)), without the prior written consent of the other Party in each instance (which shall not be unreasonably withheld, conditioned or delayed). The restrictions imposed by this Section 12.5 11.5 shall not prohibit either Party from making any disclosure identifying the other Party that is required by Applicable Law or the requirements of a national securities exchange or another similar regulatory body, provided that any such disclosure shall be governed by Section 12.211.3. Nor shall the restrictions imposed by this Section 11.5 prohibit either Party from announcing this Agreement to the public promptly following the Effective Date, including such key terms and other items appropriate for such a public release, in each case subject to the written consent of the other Party, which shall not be unreasonably withheld. Further, the restrictions imposed on each Party under this Section 12.5 11.5 are not intended, and shall not be construed, to prohibit a Party from (x) identifying the other Party in its internal business communications or in connection with presentations to potential investorscommunications, provided that any Confidential Information in such communications remains subject to this Article 12 11 or (y) disclosing (i) information for which consent has previously been obtained and (ii) information of a similar nature to that which has been previously disclosed publicly with respect to this Agreement, each of which ((i) and (ii)) shall not require advance approval, but copies of which shall be provided to the other Party as soon as practicable after the release or communication thereof. Notwithstanding anything else contained herein, VIVUS hereby consents to KADMON referencing the Product on its corporate website as a Product it Promotes, provided that any such reference must be (i) pre-approved by the VIVUS promotional review committee and (ii) in accordance with Applicable Law.

Use of Name and Disclosure of Terms. a. Except as necessary to perform a Party’s obligations under this Agreement, each Party shall (a) shall keep the existence ofexistence, the terms of and the transactions terms, and the subject matter (including without limitation the applicable transactions) covered by, by this Agreement confidential and shall not disclose such information to any other Person through a press release or otherwise and (b) shall not mention or otherwise use the name or any Trademark trademark of the other Party or its Affiliates in connection with this Agreement, in each case ((a) and (b)), without the prior written consent of the other Party in each instance (which shall not be unreasonably withheld, conditioned or delayed). The Notwithstanding the foregoing, (i) the restrictions imposed by this Section 12.5 11.5 shall not prohibit either Party from making any disclosure identifying the other Party that is required by Applicable Law or the requirements of a national securities exchange or another similar regulatory body, provided that any such disclosure shall be governed by Section 12.211.3, and (ii) the restrictions imposed by this Section 11.5 shall not prohibit either Party from announcing this Agreement to the public promptly following the Effective Date, including without limitation such key terms and other items appropriate for such a public release, in each case subject to the written consent of the other Party, which shall not be unreasonably withheld. Further, the restrictions imposed on each Party under this Section 12.5 11.5 are not intended, and shall not be construed, to prohibit a Party from (x) identifying the other Party in its internal business communications or in connection with presentations to potential investorscommunications, provided that any Confidential Information in such communications remains subject to this Article 12 11 or (y) disclosing (i) information for which consent has previously been obtained and (ii) information of a similar nature to that which has been previously disclosed publicly with respect to this Agreement, each of which ((i) and (ii)) shall not require advance approval, but copies of which shall be provided to the other Party as soon as practicable after the release or communication thereof. Notwithstanding anything else contained herein, VIVUS hereby consents to KADMON referencing the Product on its corporate website as a Product it Promotes, provided that any such reference must be (i) pre-approved by the VIVUS promotional review committee and (ii) in accordance with Applicable Law.27