Common use of UTMDACC Clause in Contracts

UTMDACC. and LICENSEE each agree that all information contained in documents marked "confidential" and forwarded to one by the other (i) are to be received in strict confidence, (ii) used only for the purposes of this AGREEMENT, and (iii) not disclosed by the recipient party (except as required by law or court order), its agents or employees without the prior written consent of the other party, except to the extent that the recipient party can establish competent written proof that such information: (a) was in the public domain at the time of disclosure; or (b) later became part of the public domain through no act or omission of the recipient party, its employees, agents, successors or assigns; or (c) was lawfully disclosed to the recipient party by a third party having the right to disclose it; or (d) was already known by the recipient party at the time of disclosure; or (e) was independently developed by the recipient without use of the other party's confidential information; or (f) is required by law or regulation to be disclosed.

Appears in 4 contracts

Samples: Patent and Technology License Agreement (Power 3 Medical Products Inc), Patent and Technology License Agreement (Power 3 Medical Products Inc), Patent and Technology License Agreement (Power 3 Medical Products Inc)

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UTMDACC. and LICENSEE each agree that all information contained in documents marked "confidential" and forwarded to one by the other (i) are to be received in strict confidence, (ii) are to be used only for the purposes of this AGREEMENT, and (iii) will not be disclosed by the recipient party (except as required by law or court order), its agents or employees without the prior written consent of the other party, except to the extent that the recipient party can establish by competent written proof that such information: (a) was in the public domain at the time of disclosure; or (b) later became part of the public domain through no act or omission of the recipient party, its employees, agents, successors or assigns; or (c) was lawfully disclosed to the recipient party by a third party having the right to disclose it; or (d) was already known by the recipient party at the time of disclosure; or (e) was independently developed by the recipient party without use of the other party's confidential information; or (f) is required by law or regulation to be disclosed.

Appears in 3 contracts

Samples: Patent and Technology License Agreement (Bridgetech Holdings International Inc), Patent and Technology License Agreement (Bridgetech Holdings International Inc), Patent and Technology License Agreement (Bridgetech Holdings International Inc)

UTMDACC. and LICENSEE each agree that all information contained in documents marked "confidential" and forwarded to one by the other (i) are to be received in strict confidence, (ii) are to be used only for the purposes of this AGREEMENT, and (iii) will not be disclosed by the recipient party (except as required by law or court order), its agents or employees without the prior written consent of the other party, except to the extent that the recipient party can establish by competent written proof that such information: (a) was in the public domain at the time of disclosure; or (b) later became part of the public domain through no act or omission of the recipient party, its employees, agents, successors or assigns; or (c) was lawfully disclosed to the recipient party by a third party having the right to disclose it; or (d) was already known by the recipient party at the time of disclosure; or (e) was independently developed by the recipient party without use of the other party's ’s confidential information; or (f) is required by law or regulation to be disclosed.

Appears in 2 contracts

Samples: Patent and Technology License Agreement, Patent and Technology License Agreement (Callisto Pharmaceuticals Inc)

UTMDACC. and LICENSEE each agree that all information contained in documents marked "confidential" and forwarded to one by the other (i) are to be received in strict confidence, (ii) used only for the purposes of this AGREEMENT, and (iii) not disclosed by the recipient party (except as required by law or court order), its agents or employees without the prior written consent of the other party, except to the extent that the recipient party can establish competent written proof that such information: (a) was in the public domain at the time of disclosure; or (b) later became part of the public domain through no act or omission of the recipient party, its employees, agents, successors or assigns; or (c) was lawfully disclosed to the recipient party by a third party having the right to disclose it; or (d) was already known by the recipient party at the time of disclosure; or (e) was independently developed by the recipient without use of the other party's ’s confidential information; or (f) is required by law or regulation to be disclosed.

Appears in 2 contracts

Samples: Patent and Technology License Agreement (Power 3 Medical Products Inc), Patent and Technology License Agreement (Power 3 Medical Products Inc)

UTMDACC. and LICENSEE each agree that all information contained in documents marked "confidential" and forwarded to one by the other (i) are to be received in strict confidence, (ii) are to be used only for the purposes of this AGREEMENT, and (iii) will not be disclosed by the recipient party (except as required by law or court order), its agents or employees without the prior written consent of the other disclosing party, except to the extent that the recipient party can establish by competent written proof that such information: (a) was in the public domain at the time of disclosure; or (b) later became part of the public domain through no act or omission of the recipient party, its employees, agents, successors or assigns; or (c) was lawfully disclosed to the recipient party by a third party having the right to disclose it; or (d) was already known by the recipient party at the time of disclosure; or (e) was independently developed by the recipient party without use of the other disclosing party's ’s confidential information; or (f) is required by law or regulation to be disclosed.

Appears in 1 contract

Samples: Patent and Technology License Agreement (Moleculin Biotech, Inc.)

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UTMDACC. and LICENSEE each agree that all information contained in documents marked "confidential" and forwarded to one by the other (i) are to be received in strict confidence, (ii) used only for the purposes of this AGREEMENT, and (iii) not disclosed by the recipient party (except as required by law or court order), its agents or employees without the prior written consent of the other party, except to the extent that the recipient party can establish by competent written proof that such information: (a) was in the public domain at the time of disclosure; or; (b) later became part of the public domain through no act or omission of the recipient party, its employees, agents, successors or assigns; or; (c) was lawfully disclosed to the recipient party by a third party having the right to disclose it; or; (d) was already known by the recipient party at the time of disclosure; or; (e) was independently developed by the recipient without use of the other party's confidential information; or (f) is required by law or regulation to be disclosed.

Appears in 1 contract

Samples: Patent and Technology License Agreement (Callisto Pharmaceuticals Inc)

UTMDACC. and LICENSEE each agree that all information contained in documents marked "confidential" and forwarded to one by the other (i) are to be received in strict confidence, (ii) are to be used only for the purposes of this AGREEMENT, and (iii) will not be disclosed by the recipient party (except as required by law or court order), its agents or employees without the prior written consent of the other disclosing party, except to the extent that the recipient party can establish by competent written proof that such information: (a) was in the public domain at the time of disclosure; or (b) later became part of the public domain through no act or omission of the recipient party, its employees, agents, successors or assigns; or (c) was lawfully disclosed to the recipient party by a third party having the right to disclose it; or (d) was already known by the recipient party at the time of disclosure; or (e) was independently developed by the recipient party without use of the other disclosing party's confidential information; or (f) is required by law or regulation to be disclosed.

Appears in 1 contract

Samples: Patent and Technology License Agreement (Bio-Path Holdings Inc)

UTMDACC. and LICENSEE each agree that all information contained in documents marked "confidential" and forwarded to one by the other (i) are to be received in strict confidence, (ii) are to be used only for the purposes of this AGREEMENT, and (iii) will not be disclosed by the recipient party (except as required by law or court order), its agents or employees without the prior written consent of the other party, except to the extent that the recipient party can establish by competent written proof that such information: (a) was in the public domain at the time of disclosure; or (b) later became part of the public domain through no act or omission of the recipient party, its employees, agents, successors or assigns; or (c) was lawfully disclosed to the recipient party by a third party having the right to disclose it; or (d) was already known by the recipient party at the time of disclosure; or (e) was independently developed by the recipient without use of the other party's ’s confidential information; or (f) is required by law or regulation to be disclosed.

Appears in 1 contract

Samples: Patent and Technology License Agreement (Chemgenex Pharmaceuticals LTD)

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