PUBLICATION AND PUBLICITY The CONSULTANT agrees that it shall not for any reason whatsoever communicate to any third party in any manner whatsoever concerning any of its CONTRACT work product, its conduct under the CONTRACT, the results or data gathered or processed under this CONTRACT, which includes, but is not limited to, reports, computer information and access, drawings, studies, notes, maps and other data prepared by and for the CONSULTANT under the terms of this CONTRACT, without prior written approval from the COMMISSION, unless such release or disclosure is required by judicial proceeding. The CONSULTANT agrees that it shall immediately refer any third party who requests such information to the COMMISSION and shall also report to the COMMISSION any such third party inquiry. This Article shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the CONSULTANT from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the CONSULTANT to defend itself from any suit or claim. All approved releases of information, findings, and recommendations shall include a disclaimer provision and all published reports shall include that disclaimer on the cover and title page in the following form: The opinions, findings, and conclusions in this publication are those of the author(s) and not necessarily those of the Mississippi Department of Transportation, Mississippi Transportation Commission, the State of Mississippi or the Federal Highway Administration.
RESEARCH AND PUBLICATION 29 CONTRACTOR shall not utilize information and/or data received from COUNTY, or arising out 30 of, or developed, as a result of this Agreement for the purpose of personal or professional research, or 31 for publication. 32
Advertising and Publicity No Credit Party shall issue or disseminate to the public (by advertisement, including without limitation any “tombstone” advertisement, press release or otherwise), submit for publication or otherwise cause or seek to publish any information describing the credit or other financial accommodations made available by the Lenders pursuant to this Agreement and the other Loan Documents without the prior written consent of the Administrative Agent. Nothing in the foregoing shall be construed to prohibit any Credit Party from making any submission or filing which it is required to make by applicable law or pursuant to judicial process; provided, that, (i) such filing or submission shall contain only such information as is necessary to comply with applicable law or judicial process and (ii) unless specifically prohibited by applicable law or court order, the Borrower shall promptly notify the Administrative Agent of the requirement to make such submission or filing and provide the Administrative Agent with a copy thereof.
DELIVERY AND PUBLISHING 4.1. ▇▇▇▇▇▇▇ Science offers publishing via a variety of methods. The parties agree that, at a minimum, and subject to the terms of this Agreement, the Work shall be published in the subscription journal specified, in Schedule 3: Publishing. Additionally, if so specified in the space provided in Schedule 3: Publishing in respect of “Open Access Plus”, and subject to the commercial terms specified therein and the other terms of this Agreement, the Work shall be made available, by ▇▇▇▇▇▇▇ Science, on an open access basis under the terms of the Creative Commons Attribution 4.0 International Public License (CC- BY 4.0), a copy of which is available at: ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/licenses/by/4.0/legalcode . 4.2. The Assignor may, if so specified in the space provided in Schedule 1: Details of the Work, opt to have ▇▇▇▇▇▇▇ Science, or its third party contractor, provide a short animated video summarising the salient aspects of the Work, on the basis that all rights, title and interest in such short animated video shall become part of the Work for the purposes of this Agreement. The provision of such service by ▇▇▇▇▇▇▇ Science or its third party contractor shall be subject to the prevailing terms and rates relating to such service. Such animated video shall be made available, by ▇▇▇▇▇▇▇ Science, on an open access basis under the terms of the Creative Commons Attribution 4.0 International Public License (CC-BY-NC-ND 4.0), a copy of which is available at ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/licenses/by-nc-nd/4.0/, and ▇▇▇▇▇▇▇ Science shall retain all rights to exploit the video commercially. 4.3. The Assignor undertakes to provide to ▇▇▇▇▇▇▇ Science, by the deadline specified in Schedule 1: Details of the Work (the “Submission Deadline”), an electronic copy of the Work in a high-quality, professionally prepared, production-ready format. The Assignor undertakes to ensure that all pages of the Work so submitted have been proof-read carefully, and that all diagrams, illustrations, figures and captions, are of excellent quality, with regard to both substance and form. 4.4. The Assignor represents and warrants that the Work has been prepared in accordance with the relevant Guidelines, and checked for all possible linguistic inconsistencies and errors, including grammar, style and typography, by someone with a high command of the English language and familiarity with academic writing in the English language. (“Guidelines” means the Instructions to Authors available on the ▇▇▇▇▇▇▇ Science website, as well as the Aims & Scope applicable to the relevant ▇▇▇▇▇▇▇ Science publication). ▇▇▇▇▇▇▇ Science’s nominated service provider, ▇▇▇▇▇▇▇ Science, offers English language support services which Assignor may elect to utilise in respect of the Work by completing the applicable box in Schedule 1: Details of the Work. The provision of such services by ▇▇▇▇▇▇▇ Science shall be subject to ▇▇▇▇▇▇▇ 2 [v.122016] Science’s prevailing terms and rates relating to such type of optional support.
Confidentiality and Publication 4.1 Any information which is disclosed by ▇▇▇▇▇▇▇ to the Recipient or the Recipient Scientist in connection with the Research Project and/or the Original Material ("Confidential Information") shall remain confidential to, and the property of, ▇▇▇▇▇▇▇. The Recipient and the Recipient Scientist hereby agree that for so long as the Confidential Information remains confidential in nature, the Recipient and the Recipient Scientist shall keep the Confidential Information secret. Upon request, the Recipient shall inform ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ Scientist on the status of its research. The Recipient Scientist will inform ▇▇▇▇▇▇▇ at least 30 days in advance of the submission of any potential publication of any form (abstract, manuscript, review, oral presentation, patent application etc.) related to the use of the Material and/or Modifications or the Research Project. If ▇▇▇▇▇▇▇ believes that co-authorship is required, ▇▇▇▇▇▇▇ and Recipient Scientist shall discuss in good faith co-authorship of all oral or written publications. If ▇▇▇▇▇▇▇ does not require co-authorship, the Recipient Scientist shall acknowledge ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ Scientist as the source of the Material in all publications reporting use of the Material and/or Modifications. The Recipient Scientist shall reference the following publication(s) in all publications reporting the use of the Material: ▇▇▇▇▇▇ J; ▇▇▇▇▇▇▇ L, ▇▇▇▇▇▇▇▇ H, ▇▇▇▇▇▇▇▇▇▇▇▇ S, ▇▇▇▇▇▇▇▇ E, ▇▇▇▇▇▇▇▇ D, ▇▇▇▇▇▇▇ G (1991). "Transgenic mice expressing human tumour necrosis factor: a predictive genetic model of arthritis." EMBO J.; 10(13); 4025-31. If ▇▇▇▇▇▇▇ believes that the publication contains any Confidential Information it shall so notify the Recipient Scientist. Recipient shall proceed to implement the amendments requested by ▇▇▇▇▇▇▇ including the removal of any Confidential Information, with every effort made so that such amendments made will not compromise the timing nor the scientific value of the publication or presentation.