Common use of Reports and Data Clause in Contracts

Reports and Data. Alcon shall provide written quarterly development progress reports to Pharmacyclics. Alcon will provide Pharmacyclics with access to all data generated by Alcon for use by Pharmacyclics and its licensees in support of Licensed Product development outside of the Field, at no cost to Pharmacyclics; provided, however, Pharmacyclics may only provide such data to a given third party licensee for use outside the Field if such third party licensee has agreed that Pharmacyclics may provide Alcon with access to all data generated by such third party licensee for use by Alcon in support of Licensed Product development inside the Field, at no cost to Alcon. Accordingly, to the extent not precluded by third-party contracts, Pharmacyclics will provide Alcon with access to all data generated by Pharmacyclics and its licensees for use by Alcon in support of Licensed Product development inside the Field, at no cost to Alcon. In addition to the foregoing, Alcon shall use best efforts to give Pharmacyclics the opportunity to review and comment upon all preclinical and clinical protocols, prior to implementation, in order to advise Alcon of any possible improvements to the proposed protocol Pharmacyclics believes to be necessary or useful, provided, however, Pharmacyclics shall provide its comments on a given protocol, if any, to Alcon within three (3) business days of Pharmacyclics' receipt of such protocol. In all events the final decision as to the content and timing of the filing of such protocols with a Health Authority shall be made by Alcon.