Common use of Release from Restrictions Clause in Contracts

Release from Restrictions. The obligation not to disclose or use Information shall not apply to any part of such Information that: (a) is or becomes patented (but the existence of a patent shall only permit disclosure and not, unless otherwise provided hereunder, use), published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information (for purposes of this Article 13 the “receiving party”) or its Affiliates or sublicensees in contravention of this Agreement; or (b) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party to this Agreement; or (c) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the receiving party, its Affiliates or sublicensees, provided that such Information was not obtained directly or indirectly from the other party to this Agreement; or (d) results from research and development by the receiving party or its Affiliates or sublicensees, independent of disclosures from the other party to this Agreement, provided that the persons developing such information have not had exposure to the information received from the other party to this Agreement; or

Release from Restrictions. The obligation not to disclose or use Information shall not apply to any part of such Information that: (a) is or becomes patented (but the existence of a patent shall only permit disclosure and not, unless otherwise provided hereunder, use), published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information (for purposes of this Article 13 15 the “"receiving party”") or its Affiliates or sublicensees in contravention of this Agreement; or (b) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party to this Agreement; or (c) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the receiving party, its Affiliates or sublicensees, provided that such Information was not obtained directly or indirectly from the other party to this Agreement; or (d) results from research and development by the receiving party or its Affiliates or sublicensees, independent of disclosures from the other party to this Agreement, provided that the persons developing such information have not had exposure to the information received from the other party to this Agreement; or (e) is required by law to be disclosed by the receiving party, provided that in the case of disclosure in connection with any litigation, the receiving party uses reasonable efforts to notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement; or (f) Triangle and Dynavax agree in writing may be disclosed.

Release from Restrictions. The obligation under Section 11.1 not to use or disclose or use Information shall not apply to any part of such Information that: (a) is or becomes patented (but the existence of a patent shall only permit disclosure and not, unless otherwise provided hereunder, use)patented, published or otherwise part of the public domain, other than by unauthorized acts of the party Party obligated not to disclose such Information Information; (for purposes of this Article 13 11 the “receiving partyReceiving Party”) or ), its Affiliates or sublicensees in contravention of this Agreement; or; (b) is disclosed to the receiving party or Receiving Party, its Affiliates or sublicensees by a third party Third Party provided that such Information was not obtained by such third party Third Party directly or indirectly from the other party to Party under this Agreement; or; (c) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the receiving partyReceiving Party, its Affiliates or sublicensees, provided that such Information was not obtained directly or indirectly from the other party to Party under this Agreement; or; (d) results from the research and development by the receiving party or Receiving Party, its Affiliates or sublicensees, independent of disclosures from the other party to Party of this Agreement, provided that the persons developing such information have not had exposure to the information Information received from the disclosing Party; (e) is required by law to be disclosed by the Receiving Party, provided that the Receiving Party uses its best efforts to notify the other party Party immediately upon learning of such requirement in order to this Agreementgive the other Party reasonable opportunity to oppose such requirement; or (f) CBT and EMORY agree in writing may be disclosed.

Release from Restrictions. The obligation not to disclose or use Confidential Information shall not apply to any part of such Confidential Information that: : (a) is or becomes patented (but the existence of a patent shall only permit disclosure and not, unless otherwise provided hereunder, use)patented, published or otherwise part of the public domain, domain other than by unauthorized acts of the party Party obligated not to disclose such Confidential Information (for purposes of this Article 13 14, the “receiving party”"Receiving Party") or its Affiliates or sublicensees in contravention of this Agreementsublicensees; or or (b) is disclosed to the receiving party Receiving Party or its Affiliates or sublicensees by a third party provided party, provided, that such Confidential Information was not obtained by such third party directly or indirectly from the other party to Party under this Agreement; or or (c) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the receiving party, its Affiliates or sublicensees, provided that such Information was not obtained directly or indirectly from the other party to this Agreement; or (d) results from research and development by the receiving party Receiving Party or its Affiliates or sublicensees, sublicensees independent of disclosures from the other party to this Agreement, provided that the persons developing such information have not had exposure to the information received from the other party to Party under this Agreement; oror (e) is required by law or court order to be disclosed, in which case the Receiving Party will (i) take all reasonable steps available to maintain the confidentiality of Confidential Information; (ii) provide the other Party with prompt notice of any request for Confidential Information with sufficient time so as to allow the other Party a reasonable opportunity to object to such disclosure, to seek a protective order, or to take other protective actions; and (iii) if required to release any Confidential Information, release such Confidential Information only as and to the extent required.

Release from Restrictions. The obligation not to disclose or use Information shall not apply to any part of such Information that: (a) is or becomes patented (but the existence of a patent shall only permit disclosure and not, unless otherwise provided hereunder, use), published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information (for purposes of this Article 13 the “receiving party”) or its Affiliates or sublicensees in contravention of this Agreement; or (b) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party to this Agreement; or (c) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the receiving party, its Affiliates or sublicensees, provided that such Information was not obtained directly or indirectly from the other party to this Agreement; or (d) results result from research and development by the receiving party or its Affiliates or sublicensees, independent of disclosures disclosure from the other party to this Agreement, provided that the persons developing such information have not had exposure to the information received from the other party to this Agreement; or (e) is required by law to be disclosed by the receiving party, provided that in the case of disclosure in connection with any litigation, the receiving party uses reasonable efforts to notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement; or (f) Pharmasset and Bukwang agree in writing may be disclosed.

Release from Restrictions. The obligation not to disclose or use Information shall not apply to any part of such Information that: (a) is or becomes patented (but the existence of a patent shall only permit disclosure and not, unless otherwise provided hereunder, use), published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information (for purposes of this Article 13 16 the “receiving party”) or its Affiliates or sublicensees in contravention of this Agreement; or (b) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party to this Agreement; or (c) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the receiving party, its Affiliates or sublicenseesAffiliates, provided that such Information was not obtained directly or indirectly from the other party to this Agreement; or (d) results result from research and development by the receiving party or its Affiliates or sublicenseesAffiliates, independent of disclosures from the other party to this Agreement, provided that the persons developing such information have not had exposure to the information received disclosure from the other party to this Agreement; or (e) is required by law to be disclosed by the receiving party, provided that in the case of disclosure in connection with any litigation, the receiving party uses reasonable efforts to notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement; or (f) Adhera and Melior agree in writing may be disclosed.

Release from Restrictions. The obligation not to disclose or use Information shall not apply to any part of such Information that: (ai) is or becomes patented (but the existence of a patent shall only permit disclosure and not, unless otherwise provided hereunder, use)patented, published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information Information; (for purposes of this Article 13 11 the “"receiving party”") or its Affiliates or sublicensees Sublicensees in contravention of this Agreement; or; (bii) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party to under this Agreement; or (ciii) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the receiving party, its Affiliates or sublicenseesSublicensees, provided that such Information was not obtained directly or indirectly from the other party to under this Agreement; or (div) results from research and development by the receiving party or its Affiliates or sublicenseesSublicensees, independent of disclosures from the other party to of this Agreement, provided that the persons developing such information have not had exposure to the information received from the disclosing party; or (v) is required by law to be disclosed by the receiving party, provided that the receiving party uses its best efforts to notify the other party immediately upon learning of such requirement in order to this Agreementgive the other party reasonable opportunity to oppose such requirement; or (vi) LICENSEE and EMORY agree in writing may be disclosed.

Release from Restrictions. The obligation not to disclose or use Information shall not apply to any part of such Information that: (a) is or becomes patented (but the existence of a patent shall only permit disclosure and not, unless otherwise provided hereunder, use)patented, published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information (for purposes of this Article 13 10 the “"receiving party”") or its Affiliates or sublicensees in contravention of this Agreement; or (b) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party to this Agreement; or (c) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the receiving party, its Affiliates or sublicensees, provided that such Information was not obtained directly or indirectly from the other party to this Agreement; or (d) results from research and development by the receiving party or its Affiliates or sublicensees, independent of disclosures from the other party to of this Agreement, 41 DAPD provided that the persons developing such information have not had exposure to the information received from the other party to this Agreement; or (e) is required by law to be disclosed by the receiving party, provided that the receiving party uses reasonable efforts to notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement; or (f) COMPANY and LICENSORS agree in writing may be disclosed.

Release from Restrictions. The obligation not to disclose or use Information shall not apply to any part of such Information that: (a) is or becomes patented (but the existence of a patent shall only permit disclosure and not, unless otherwise provided hereunder, use)patented, published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information (for purposes of this Article 13 9 the “receiving party”) or its Affiliates or sublicensees in contravention of this Agreement; or (b) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party to this Agreement; or (c) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the receiving party, its Affiliates or sublicensees, provided that such Information was not obtained directly or indirectly from the other party to this Agreement; or (d) results from research and development by the receiving party or its Affiliates or sublicensees, independent of disclosures from the other party to of this Agreement, provided that the persons developing such information have not had exposure to the information received from the other party to this Agreement; or (e) is required by law to be disclosed by the receiving party, provided that the receiving party uses reasonable efforts to notify the-other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement; or (f) in the case of Information disclosed by a party to this Agreement, if such party agrees in writing that such Information may be disclosed by the party to this Agreement to whom such Information has been disclosed by such party.

Release from Restrictions. The obligation not to disclose or use Information shall not apply to any part of such Information that: (a) is or becomes patented (but the existence of a patent shall only permit disclosure and not, unless otherwise provided hereunder, use)patented, published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such * Confidential Treatment Requested Information (for purposes of this Article 13 10 the “"receiving party”") or its Affiliates or sublicensees in contravention of this Agreement; or (b) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party to this Agreement; or (c) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the receiving party, its Affiliates or sublicensees, provided that such Information was not obtained directly or indirectly from the other party to this Agreement; or (d) results from research and development by the receiving party or its Affiliates or sublicensees, independent of disclosures from the other party to of this Agreement, provided that the persons developing such information have not had exposure to the information received from the other party to this Agreement; or (e) is required by law to be disclosed by the receiving party, provided that the receiving party uses reasonable efforts to notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement; or (f) COMPANY and LICENSOR agree in writing may be disclosed.

Release from Restrictions. The obligation not to disclose or use Information shall not apply to any part of such Information that: (a) is or becomes patented (but the existence of a patent shall only permit disclosure and not, unless otherwise provided hereunder, use), published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information (for purposes of this Article 13 12 the “"receiving party”") or its Affiliates or sublicensees Sublicensees in contravention of this Agreement; or; (b) is disclosed to the receiving party or its Affiliates or sublicensees Sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party to this Agreement; orAgreement under an obligation of confidentiality; (c) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the receiving party, its Affiliates or sublicenseesSublicensees, provided that such Information was not obtained directly or indirectly from the other party to this Agreement; orAgreement under an obligation of confidentiality; (d) results from research and development by the receiving party or its Affiliates or sublicenseesSublicensees, independent of disclosures from the other party to this Agreement, provided that the persons developing such information have not had exposure to the information Information received from the other party to this Agreement; (e) is required by law to be disclosed by the receiving party, provided that in the case of disclosure in connection with any litigation, the receiving party uses reasonable efforts to notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement; or (f) The disclosing party agrees in writing may be disclosed.

Release from Restrictions. The obligation not to disclose or use Information shall not apply to any part of such Information that: (ai) is or becomes patented (but the existence of a patent shall only permit disclosure and not, unless otherwise provided hereunder, use)patented, published or otherwise part of the public domain, other than by unauthorized acts of the a party obligated not to disclose such Information (for purposes of this Article 13 the “receiving party”) or its Affiliates or sublicensees in contravention of this Agreement; orInformation; (bii) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party to under this Agreement; or (ciii) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the receiving party, its Affiliates or sublicensees, provided that such Information was not obtained directly or indirectly from the other party to under this Agreement; or (div) results from research and development by the receiving party or its Affiliates or sublicensees, independent of disclosures from the other party to of this Agreement, provided that the persons developing such information have not had exposure to the information received from the disclosing party; or (v) is required by law to be disclosed by the receiving party, provided that the receiving party uses its best efforts to notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement; or (vi) COMPANY and EMORY agree in writing may be disclosed. This Article 11 shall be construed as an agreement ancillary to the other provisions of this Agreement; or, and the existence of any claim or cause of action of one party against the other, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement of Article 11, except that either Party has a right to disclose Information to any panel or court in a proceeding against the other Party under Article 14 of this Agreement

Release from Restrictions. The obligation not to disclose or use Information shall not apply to any part of such Information that: (ai) is or becomes patented (but the existence of a patent shall only permit disclosure and notpatented, unless otherwise provided hereunderpublished, use), published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information Information; (for purposes of this Article 13 10 the “"receiving party”") or its Affiliates or sublicensees in contravention of this Agreement; or (bii) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party to under this Agreement; or (ciii) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the receiving party, its Affiliates or sublicenseesAffiliates, provided that such Information was not obtained directly or indirectly from the other party to under this Agreement; or (div) results from research and development by the receiving party or its Affiliates or sublicenseesAffiliates, independent of disclosures from the other party to of this Agreement, provided that the persons developing such information have not had exposure to the information received from the disclosing party; or (v) is required by law to be disclosed by the receiving party, provided that the receiving party uses its best efforts to notify the other party immediately upon learning of such requirement in order to this Agreementgive the other party reasonable opportunity to oppose such requirement; or (vi) COMPANY and EMORY agree in writing may be disclosed.

Release from Restrictions. The obligation not to disclose or use Information shall not apply to any part of such Information that: (a) is or becomes patented (but the existence of a patent shall only permit disclosure and not, unless otherwise provided hereunder, use), published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information (for purposes of this Article 13 10 the “"receiving party”") or its Affiliates or sublicensees in contravention of this Agreement; or (b) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party to this Agreement; or (c) prior to disclosure under the Confidentiality Option Agreement or this Agreement, as the case may be, was already in the possession of the receiving party, its Affiliates or sublicensees, provided that such Information was not obtained directly or indirectly from the other party to this Agreement; or (d) results from research and development by the receiving party or its Affiliates or sublicensees, independent of disclosures from the other party to of this Agreement, provided that the persons developing such information have not had exposure to the information received from the other party to this Agreement; or (e) is required by law to be disclosed by the receiving party, provided that in the case of disclosure in connection with any litigation, the receiving party uses reasonable efforts to notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement; or (f) Triangle and Mitsubishi agree in writing may be disclosed.

Release from Restrictions. The obligation not to disclose or use Information shall not apply to any part of such Information that: (a) is or becomes patented (but the existence of a patent shall only permit disclosure and not, unless otherwise provided hereunder, use), published or otherwise part of the public domain, other than by unauthorized acts of the party obligated not to disclose such Information (for purposes of this Article 13 16 the “receiving party”) or its Affiliates or sublicensees in contravention of this Agreement; or (b) is disclosed to the receiving party or its Affiliates or sublicensees by a third party provided that such Information was not obtained by such third party directly or indirectly from the other party to this Agreement; or (c) prior to disclosure under the Confidentiality Agreement or this Agreement, as the case may be, was already in the possession of the receiving party, its Affiliates or sublicenseesAffiliates, provided that such Information was not obtained directly or indirectly from the other party to this Agreement; or (d) results result from research and development by the receiving party or its Affiliates or sublicenseesAffiliates, independent of disclosures from the other party to this Agreement, provided that the persons developing such information have not had exposure to the information received disclosure from the other party to this Agreement; or (e) is required by law to be disclosed by the receiving party, provided that in the case of disclosure in connection with any litigation, the receiving party uses reasonable efforts to notify the other party immediately upon learning of such requirement in order to give the other party reasonable opportunity to oppose such requirement; or (f) Oncotelic and Autotelic agree in writing may be disclosed.