Common use of NAMES OF THE PARTIES Clause in Contracts

NAMES OF THE PARTIES. Phenomix agrees that it will not use the name of * * *, the * * * Licensors or of any other owner or licensee of any of the * * * Patent Rights (collectively a “Protected Person” hereunder) or any variant of a Protected Person’s name, or use any insignia of any Protected Person, or identify a Protected Person as a party to this Agreement, or as a participant in inventing the inventions within the * * * Patent Rights in any form of publicity or disclosure, including, without limitation, in any advertising or promotional sales literature, without the prior express written consent of such Protected Person, which consent may be withheld or withdrawn by such Protected Person in its complete and uncontrolled discretion for any reason whatsoever and at any time or times. However, notwithstanding the foregoing, no Protected Person shall make any objection to Phenomix’s making such other disclosures as in the reasonable opinion of legal counsel to Phenomix are required as a matter of law, regulation or practice and such general descriptions of this Agreement as may be desired by Phenomix for purposes of obtaining financing (including grants from governmental authorities) or as may be reasonably determined by Phenomix to be necessary for the conduct of its business (other than in connection with advertising or sales promotion). Phenomix shall impose and enforce the requirements of this Article on its Affiliates.

Appears in 2 contracts

Sources: License Agreement (Phenomix CORP), License Agreement (Phenomix CORP)