Common use of Limitations on Review Clause in Contracts

Limitations on Review. Notwithstanding anything contained in this Section 3.2 or any other term or condition of this Agreement to the contrary, BTO acknowledges and agrees that ▇▇▇▇▇▇▇ shall have no obligation to provide or disclose to BTO any documents, materials or other information (including applications for Regulatory Approval and supporting or related information) with respect to (i) any assay that is not a BTO CDx to be developed or Commercialized under this Agreement, (ii) any confidential or proprietary information of any Third Party, (iii) aspects of ▇▇▇▇▇▇▇ Drugs, or (iv) other confidential or proprietary information of ▇▇▇▇▇▇▇, in each case (i) through (iv), to the extent (A) they do not relate specifically to the ▇▇▇▇▇▇▇ Drug for which a BTO CDx is Developed or Commercialized pursuant to this Agreement or (B) they contain information that Janssen protects as a trade secret; provided, however, that nothing in this sentence is intended or shall be construed to limit (I) any obligation of ▇▇▇▇▇▇▇ hereunder to provide or disclose to BTO any documents, materials or other information (including applications for Regulatory Approval and supporting or related information) that are necessary for BTO or its Affiliates to possess in order to obtain or maintain Regulatory Approval for the BTO CDx or (II) BTO’s rights or ▇▇▇▇▇▇▇’▇ obligations under the last sentence of Section 3.1.2 or under Section 3.4.1.

Appears in 2 contracts

Sources: Development and Commercialization Agreement (BillionToOne, Inc.), Development and Commercialization Agreement (BillionToOne, Inc.)

Limitations on Review. Notwithstanding anything contained in this Section 3.2 3.1 or any other term or condition of this Agreement to the contrary, BTO acknowledges and agrees that ▇▇▇▇▇▇▇ acknowledges and agrees that BTO shall have no obligation to provide or disclose to BTO Janssen any documents, materials or other information (including applications for Regulatory Approval and supporting or related information) with respect to (iA) any assay therapeutic product that is not a BTO CDx to be developed or Commercialized under this Agreementthe ▇▇▇▇▇▇▇ Drug, (iiB) any confidential or proprietary information of any Third Party, (iiiC) aspects of ▇▇▇▇▇▇▇ DrugsBTO Background Technology, or (ivD) other confidential or proprietary information of ▇▇▇▇▇▇▇Know-How, in each case (i(A) through (ivD)), to the extent (AI) they do not relate specifically to the BTO CDx developed pursuant to this Agreement or (II) they contain information that BTO protects as a trade secret and is not necessary for Janssen or its Affiliates to possess in order to refer to any such BTO Assay that is subject to the Development Plan and the Commercialization Plan or the BTO CDx in obtaining or maintaining Regulatory Approval for the ▇▇▇▇▇▇▇ Drug for which a BTO CDx is Developed or Commercialized pursuant to this Agreement or (B) they contain information that Janssen protects as a trade secretthe applicable Indication; provided, however, that nothing in this sentence is intended or shall be construed to limit (Ii) any obligation of ▇▇▇▇▇▇▇ BTO hereunder to provide or disclose to BTO Janssen any documents, materials or other information (including applications for Regulatory Approval and supporting or related information) that are necessary for BTO Janssen or its Affiliates to possess in order to obtain or maintain Regulatory Approval for the ▇▇▇▇▇▇▇ Drug for which the BTO CDx is used or (IIii) BTO’s rights or ▇▇▇▇▇▇▇’▇ rights or BTO’s obligations under the last sentence of Section 3.1.2 or under Section 3.4.13.4.2.

Appears in 2 contracts

Sources: Development and Commercialization Agreement (BillionToOne, Inc.), Development and Commercialization Agreement (BillionToOne, Inc.)