Common use of Return and Retention Clause in Contracts

Return and Retention. The Receiving Party shall, upon the written request of the Disclosing Party, promptly return to the Disclosing Party all Confidential Information (including notes, writings and other material developed therefrom) and all copies thereof and retain none for its files, except that SP may retain original documents generated by SP and except to the extent SP is required by law to retain such Confidential Information. The return or retention of such information shall not relieve the Receiving Party of its continuing obligation of confidentiality hereunder. All original documents prepared by SP in support of development of the Product, the development work and the manufacturing process will be maintained by SP during the Hold Period. SP will provide DAS with reasonable written notice not less than 60 days prior to the proposed destruction of such documents and will provide DAS with reasonable opportunity to have such items shipped to DAS at DAS' expense prior to destruction. At a time mutually agreeable to the parties or within 3 business days if in connection with a regulatory filing, DAS will have access to original documents relating to the Product, the development work and the manufacturing process during ordinary SP business hours, and may use copies of the original documents for any purpose, including, without limitation, submission to the FDA or other regulatory agencies in connection with an application for governmental approval.