Common use of Permitted Use and Disclosures Clause in Contracts

Permitted Use and Disclosures. Notwithstanding the restrictions of Section 6.1, each party hereto may (a) use Confidential Information disclosed to it by the other to the extent necessary for that party to perform its obligations set forth in the CDP and (b) use or disclose Confidential Information disclosed to it by the other party to the extent such use or disclosure is reasonably necessary in (i) exercising the rights and licenses granted hereunder, (ii) prosecuting or defending litigation, (iii) complying with applicable laws, governmental regulations or court orders or submitting information to tax or other governmental authorities (including the Securities and Exchange Commission), or (iv) preparing, filing and prosecuting patent applications; in each case, provided that if a party is required to make any such disclosure, other than pursuant to a confidentiality agreement, it will give reasonable advance notice to the other party of such disclosure and will use reasonable efforts to secure confidential treatment of such information (whether through protective order or otherwise), except to the extent inappropriate with respect to patent applications. It is understood that either party may also disclose the Confidential Information of the other party upon receipt of the written consent to such disclosure by a duly authorized representative of the other party.

Permitted Use and Disclosures. Notwithstanding the restrictions of Section 6.1, each party Each Party hereto may (a) use Confidential Information disclosed to it by the other to the extent necessary for that party to perform its obligations set forth in the CDP and (b) use or disclose Confidential Information disclosed to it by the other party Party or Results to the extent such use or disclosure is reasonably necessary and permitted in (i) exercising the exercise of the rights and licenses granted hereunderhereunder in filing or prosecuting patent applications, (ii) prosecuting or defending litigation, (iii) complying with applicable governmental laws, governmental regulations or court orders order or otherwise submitting information to tax or other governmental authorities (including the Securities and Exchange Commission)authorities, conducting clinical trials, or (iv) preparing, filing and prosecuting patent applicationsmaking a permitted sublicense or otherwise exercising license rights expressly granted by the other Party to it pursuant to the terms of this Agreement; in each case, provided that if a party Party is required to make any such disclosure, other than pursuant to a confidentiality agreement, it will give reasonable advance notice to the other party Party of such disclosure and and, save to the extent inappropriate in the case of patent applications, will use its reasonable efforts to secure confidential treatment of such information in consultation with the other Party prior to its disclosure (whether through protective order orders or otherwise), except ) and disclose only the minimum necessary to the extent inappropriate comply with respect to patent applications. It is understood that either party may also disclose the Confidential Information of the other party upon receipt of the written consent to such disclosure by a duly authorized representative of the other partyrequirements.

Permitted Use and Disclosures. Notwithstanding the restrictions of Section 6.1, each Each party hereto may (a) use Confidential Information disclosed to it by the other to the extent necessary for that party to perform its obligations set forth in the CDP and (b) use or disclose Confidential Information information disclosed to it by the other party to the extent such use or disclosure is reasonably necessary to comply with the rules of any applicable securities exchange, the Nasdaq National Market or other self regulatory organization, in (i) exercising the rights and licenses granted hereunderfiling or prosecuting patent applications, (ii) prosecuting or defending litigation, (iii) complying with applicable lawsgovernmental regulations, governmental regulations law, legal process or court orders or otherwise submitting information to tax or other governmental authorities (including the Securities and Exchange Commission)authorities, conducting clinical trials, or (iv) preparing, filing and prosecuting patent applications; in each casemaking a permitted sublicense or otherwise exercising its rights hereunder, provided that if a party is required to make any such disclosuredisclosure of another party's confidential information, other than pursuant to a confidentiality agreement, it will give reasonable advance notice to the other latter party of such disclosure and and, save to the extent inappropriate in the case of patent applications will use reasonable its best efforts to secure confidential treatment of such information (including the significant financial terms of this Agreement) prior to its disclosure (whether through protective order orders or otherwise), except ) and disclose such information only to the minimum extent inappropriate necessary to comply with respect to patent applications. It is understood that either party may also disclose the Confidential Information of the other party upon receipt of the written consent to such disclosure by a duly authorized representative of the other partyrequirements.

Permitted Use and Disclosures. Notwithstanding the restrictions of Section 6.1, each Each party hereto may (a) use Confidential Information disclosed to it by the other to the extent necessary for that party to perform its obligations set forth in the CDP and (b) use or disclose Confidential Information disclosed to it by the other party to the extent such use or disclosure is reasonably necessary in (i) exercising the rights and licenses granted hereunderfiling or prosecuting patent applications, (ii) prosecuting or defending litigation, (iii) complying with applicable lawslaw, governmental regulations regulation or court orders or order, submitting information to tax or other governmental authorities (including authorities, making a permitted sublicense or otherwise exercising its rights * Material has been omitted pursuant to a request for confidential treatment, and such material has been filed separately with the Securities and Exchange Commission), or (iv) preparing, filing and prosecuting patent applications; in each caseSEC. hereunder, provided that if a party is required to make any such disclosuredisclosure of another party's Confidential Information, other than pursuant to a confidentiality agreement, it will give reasonable advance notice to the other latter party of such disclosure and and, save to the extent inappropriate in the case of patent applications, will use reasonable efforts to secure confidential treatment of such information prior to its disclosure (whether through protective order orders or otherwise), except to the extent inappropriate with respect to patent applications. It is understood that either party may also disclose the Confidential Information of the other party upon receipt of the written consent to such disclosure by a duly authorized representative of the other party.

Permitted Use and Disclosures. Notwithstanding the restrictions of Section 6.1, each party Each Party hereto may (a) use Confidential Information or disclose information disclosed to it by the other Party to the extent necessary for that party to perform its obligations set forth such information is included in the CDP Licensed Technology or the Antalium Technology, as the case may be, and (b) use or disclose Confidential Information disclosed to it by the other party to the extent such use or disclosure is reasonably necessary and permitted in (i) exercising the exercise of such rights and licenses granted hereunderhereunder in filing or prosecuting patent applications, (ii) prosecuting or defending litigation, (iii) complying with applicable laws, governmental regulations or court orders order or otherwise submitting information to tax or other governmental authorities (including the Securities and Exchange Commission)authorities, conducting clinical trials, or (iv) preparing, filing and prosecuting patent applications; in each casemaking a permitted sublicense or otherwise exercising license rights expressly granted by the other Party to it pursuant to the terms of this Agreement, provided that if a party Party is required to make any such disclosure, other than pursuant to a confidentiality agreement, it will shall give reasonable advance notice to the other party Party of such disclosure and will and, save to the extent inappropriate in the case of patent applications, shall use its reasonable efforts to secure confidential treatment of such information in consultation with the other Party prior to its disclosure (whether through protective order orders or otherwise), except ) and disclose only the minimum necessary to the extent inappropriate comply with respect to patent applications. It is understood that either party may also disclose the Confidential Information of the other party upon receipt of the written consent to such disclosure by a duly authorized representative of the other partyrequirements.

Permitted Use and Disclosures. Notwithstanding the restrictions of Section 6.1, each Each party hereto may (a) use Confidential Information disclosed to it by the other to the extent necessary for that party to perform its obligations set forth in the CDP and (b) use or disclose Confidential Information disclosed to it by the other party to the extent such use or disclosure is reasonably necessary in (i) exercising the rights and licenses granted hereunderfiling or prosecuting patent applications, (ii) prosecuting or defending litigation, (iii) complying with applicable lawslaw, governmental regulations regulation or court orders or order, submitting information to tax or other governmental authorities (including the Securities and Exchange Commission), making a permitted sublicense or (iv) preparing, filing and prosecuting patent applications; in each caseotherwise exercising its rights hereunder, provided that if a party is required to make any such disclosuredisclosure of another party's Confidential Information, other than pursuant to a confidentiality agreement, it will give reasonable advance notice to the other latter party of such disclosure and and, save to the extent inappropriate in the case of patent applications, will use reasonable efforts to secure confidential * Portions of this exhibit have been omitted and filed separately with the Commission pursuant to a request for confidential treatment under Rule 406. treatment of such information prior to its disclosure (whether through protective order orders or otherwise), except to the extent inappropriate with respect to patent applications. It is understood that either party may also disclose the Confidential Information of the other party upon receipt of the written consent to such disclosure by a duly authorized representative of the other party.

Permitted Use and Disclosures. Notwithstanding The Receiving Party may use and disclose the restrictions of Section 6.1, each party hereto may (a) use Confidential Information disclosed to it by of the other Disclosing Party to the extent necessary for that party to exercise its rights or perform its obligations set forth under this Settlement Agreement, in the CDP filing or prosecuting applications and (b) use or disclose Confidential Information disclosed to it by the other party to the extent such use or disclosure is reasonably necessary in (i) exercising the rights and licenses granted hereunderpatents, (ii) prosecuting or defending litigation, (iii) complying with applicable laws, governmental regulations or court orders order or otherwise submitting information to tax or other governmental authorities (including the Securities and Exchange Commission)authorities, conducting trials, or (iv) preparing, filing and prosecuting patent applications; in each casemaking a permitted sublicense or otherwise exercising rights expressly granted to it pursuant to the terms of this Settlement Agreement, provided that if a party the Receiving Party is required to make any such disclosuredisclosures of the Disclosing Party's Confidential Information, other than pursuant to a confidentiality agreement, it will shall give reasonable advance notice to the other party Disclosing Party of such disclosure and will and, save to the extent inappropriate in the case of patent applications, shall use its reasonable efforts to secure confidential treatment of such information Confidential Information in consultation with the Disclosing Party prior to its disclosure (whether through protective order orders or otherwise), except to the extent inappropriate with respect to patent applications. It is understood ) and disclose only that either party may also disclose portion of the Confidential Information of the other party upon receipt of the written consent necessary to comply with such disclosure by a duly authorized representative of the other partyrequirements.

Permitted Use and Disclosures. Notwithstanding the restrictions of Section 6.1, each party Each Party hereto may (a) use Confidential Information disclosed to it by the other to the extent necessary for that party to perform its obligations set forth in the CDP and (b) use or disclose Confidential Information disclosed to it by the other party Party or Results to the extent such use or disclosure is reasonably necessary and permitted in (i) exercising the exercise of the rights and licenses granted hereunderhereunder in filing or prosecuting patent applications, (ii) prosecuting or defending litigation, (iii) complying with applicable governmental laws, governmental regulations or court orders order or otherwise submitting information to tax or other governmental authorities (including the Securities and Exchange Commission)authorities, conducting clinical trials, or (iv) preparing, filing and prosecuting patent applications; in each casemaking a permitted sublicense or otherwise exercising license rights expressly granted by the other Party to it pursuant to the terms of this Agreement, provided that if a party Party is required to make any such disclosure, other than pursuant to a confidentiality agreement, it will give reasonable advance notice to the other party Party of such disclosure and and, save to the extent inappropriate in the case of patent applications, will use its reasonable efforts to secure confidential treatment of such information in consultation with the other Party prior to its disclosure (whether through protective order orders or otherwise), except ) and disclose only the minimum necessary to the extent inappropriate comply with respect to patent applications. It is understood that either party may also disclose the Confidential Information of the other party upon receipt of the written consent to such disclosure by a duly authorized representative of the other partyrequirements.

Permitted Use and Disclosures. Notwithstanding the restrictions of Section 6.1, each party Each Party hereto may (a) use or disclose the Confidential Information and the Collaboration Know-How disclosed to it by the other to the extent necessary for that party to perform its obligations set forth in the CDP and (b) use or disclose Confidential Information disclosed to it by the other party Party to the extent such use or disclosure is reasonably necessary and permitted in (i) exercising the exercise of the rights and licenses granted hereunderhereunder in filing or prosecuting patent applications, (ii) prosecuting or defending litigation, (iii) complying with applicable governmental laws, governmental regulations or court orders order or otherwise submitting information to tax or other governmental authorities (including the Securities and Exchange Commission)authorities, conducting clinical trials, or (iv) preparing, filing and prosecuting patent applications; in each casemaking a permitted sublicense or otherwise exercising license rights expressly granted by the other Party to it pursuant to the terms of this Agreement, provided that if a party Party is required to make any such disclosure, other than pursuant to a confidentiality agreement, it will give reasonable advance notice to the other party Party of such disclosure and and, save to the extent inappropriate in the case of patent applications, will use its reasonable efforts to secure confidential treatment of such information in consultation with the other Party prior to its disclosure (whether through protective order orders or otherwise), except ) and disclose only the minimum necessary to the extent inappropriate comply with respect to patent applications. It is understood that either party may also disclose the Confidential Information of the other party upon receipt of the written consent to such disclosure by a duly authorized representative of the other partyrequirements.

Permitted Use and Disclosures. Notwithstanding The Receiving Party may use and disclose the restrictions of Section 6.1, each party hereto may (a) use Confidential Information disclosed to it by of the other Disclosing Party to the extent necessary for that party to exercise its rights or perform its obligations set forth under this Settlement Agreement, in the CDP filing or prosecuting applications and (b) use or disclose Confidential Information disclosed to it by the other party to the extent such use or disclosure is reasonably necessary in (i) exercising the rights and licenses granted hereunderpatents, (ii) prosecuting or defending litigation, (iii) complying with applicable laws, governmental regulations or court orders order or otherwise submitting information to tax or other governmental authorities (including the Securities and Exchange Commission)authorities, conducting trials, or (iv) preparing, filing and prosecuting patent applications; in each casemaking a permitted sublicense or otherwise exercising rights expressly granted to it pursuant to the terms of this Settlement Agreement, provided that if a party the Receiving Party is required to make any such disclosuredisclosures of the Disclosing Party’s Confidential Information, other than pursuant to a confidentiality agreement, it will shall give reasonable advance notice to the other party Disclosing Party of such disclosure and will and, save to the extent inappropriate in the case of patent applications, shall use its reasonable efforts to secure confidential treatment of such information Confidential Information in consultation with the Disclosing Party prior to its disclosure (whether through protective order orders or otherwise), except to the extent inappropriate with respect to patent applications. It is understood ) and disclose only that either party may also disclose portion of the Confidential Information of the other party upon receipt of the written consent necessary to comply with such disclosure by a duly authorized representative of the other partyrequirements.

Permitted Use and Disclosures. Notwithstanding the restrictions of Section 6.1, each Each party hereto may (a) use Confidential Information disclosed to it by the other to the extent necessary for that party to perform its obligations set forth in the CDP and (b) use or disclose Confidential Information disclosed to it by the other party to the extent such use or disclosure is reasonably necessary in (i) exercising the rights and licenses granted hereunderfiling or prosecuting patent applications, (ii) prosecuting or defending litigation, (iii) complying with applicable laws, governmental regulations or court orders or orders, submitting information to tax or other governmental authorities (including the Securities authorities, conducting pre-clinical research and Exchange Commission)development or clinical trials, making a permitted sublicense or (iv) preparing, filing and prosecuting patent applications; in each caseotherwise exercising its rights hereunder, provided that if a party is required to make any such disclosuredisclosure of another party's Confidential Information, other than pursuant to a confidentiality agreementagreement containing confidentiality obligations at least as restrictive as those set forth herein, it will give reasonable advance notice to the other party of such disclosure and and, save to the extent inappropriate in the case of patent applications, will use reasonable efforts to secure confidential treatment of such information (prior to its disclosure, and provide the other party the opportunity to seek confidential treatment of such Confidential Information, whether through protective order orders or otherwise), except to the extent inappropriate with respect to patent applications. It is understood that either party may also disclose the Confidential Information of the other party upon receipt of the written consent to such disclosure by a duly authorized representative of the other party.