Common use of Use of Combined Therapy Study Data by BMS Clause in Contracts

Use of Combined Therapy Study Data by BMS. (a) Subject to the restrictions on disclosure of the Combined Therapy Study Data to Third Parties as set forth below in this Section 7.4, BMS shall have the right to use and analyze the Combined Therapy Study Data for any purpose. (b) The Combined Therapy Study Data shall not be disclosed to Third Parties by BMS except as follows (and otherwise as expressly permitted under the Agreement). (i) BMS may disclose the Combined Therapy Study Data to a Bona Fide Collaborator, solely for purposes of the development, regulatory approval and commercialization of the one or more compounds or products that are the subject of a bona fide contractual licensing arrangement with such Bona Fide Collaborator; provided that such Bona Fide Collaborator shall be subject to the same restrictions on use and disclosure of such Combined Therapy Study Data as BMS under this Agreement; and provided further that disclosure of such Combined Therapy Study Data does not grant to such Bona Fide Collaborator any intellectual property rights in and to the Company Technology, Company Inventions, Company Study Data or the Company Compound or any Right of Cross-Reference to Company Regulatory Documentation. (ii) BMS may disclose the Combined Therapy Study Data to its contractors under confidentiality obligations similar to BMS’s obligations under the Agreement, solely for purposes and to the extent required for such contractors to provide services for BMS for the development, regulatory approval and/or commercialization of the BMS Compound. (iii) BMS may disclose the Combined Therapy Study Data (1) to Regulatory Authorities in connection with regulatory filings, (2) to investigators as necessary in connection with the Combined Therapy Study (provided that BMS shall provide the Company with at least [Redacted] Business Days’ notice prior to any such disclosure) or (3) as may be required by Applicable Law and/or the rules or regulations of any securities exchange on which BMS’s stock is listed. (iv) To the extent that the Combined Therapy Study Data includes Safety Information and BMS needs to disclose to Third Parties such Safety Information of the Combined Therapy in its studies of the BMS Compound with other bispecific antibodies in order to ensure patient safety, BMS may disclose such Safety Information. For clarity, BMS shall not disclose Safety Information related solely to the Company Compound. (v) BMS may use and disclose to a Third Party the Combined Therapy Study Data, under obligations of confidentiality consistent with this Agreement, to the extent such Third Party is developing or commercializing a biomarker or diagnostic test for use with its Compound or the Combined Therapy.

Use of Combined Therapy Study Data by BMS. (a) Subject to the restrictions on disclosure of the Combined Therapy Study Data to Third Parties as set forth below in this Section 7.48.4, BMS shall have the right to use and analyze the Combined Therapy Study Data for all lawful purposes, without the consent of, and without any purposeobligation to account to, Recipient. (b) The Combined Therapy Study Data shall not be disclosed to Third Parties by BMS except as follows (and otherwise as expressly permitted under the this Agreement). (i) BMS may disclose the Combined Therapy Study Data to a Bona Fide Collaborator, solely for purposes of the development, regulatory approval and commercialization of the one or more compounds or products that are the subject of a bona fide contractual licensing arrangement with such Bona Fide Collaborator; provided that such Bona Fide Collaborator shall be subject to the same restrictions on use and disclosure of such Combined Therapy Study Data as BMS under this Agreement; and provided further that disclosure of such Combined Therapy Study Data does not grant to such Bona Fide Collaborator any intellectual property rights in and to the Company Technology, Company Inventions, Company Study Data or the Company Compound or any Right of Cross-Reference to Company Regulatory Documentation. (ii) BMS may disclose the Combined Therapy Study Data to its contractors under confidentiality obligations similar to BMS’s ’ obligations under the Agreement, solely for purposes and to the extent required for such contractors to provide services for BMS for the development, regulatory approval and/or commercialization of the BMS CompoundStudy Drug. (iiiii) BMS may disclose the Combined Therapy Study Data (1x) to Regulatory Authorities in connection with regulatory filingsfilings pertaining to the BMS Study Drug, (2y) to Combined Study investigators as necessary in connection with the Combined Therapy Study and/or (provided that BMS shall provide the Company with at least [Redacted] Business Days’ notice prior to any such disclosure) or (3z) as may be required by Applicable Law and/or the rules or regulations of any securities exchange on which BMS’s stock is listedLaw. (iviii) To the extent that the Combined Therapy Study Data includes Safety Information safety information and BMS needs to disclose to Third Parties such Safety Information safety information of the Combined Therapy in its studies of the BMS Compound Study Drug with other bispecific antibodies Other Compounds in order to ensure patient safety, BMS may disclose such Safety Informationsafety information. For clarity, BMS shall not disclose Safety Information safety information related solely to the Company CompoundRecipient FDC. (viv) BMS may use and disclose to a Third Party the Combined Therapy Study Data, under obligations of confidentiality consistent with this Agreement, to the extent such Third Party is developing or commercializing a biomarker or diagnostic test for use with its Compound or the BMS Study Drug and/or the Combined Therapy. (v) If BMS is the Filing Party with respect to a Combined Therapy Patent Right in a country, BMS may disclose Combined Therapy Study Data in filing and prosecuting such Combined Therapy Patent Right in such country in accordance with Section 6.1(c).

Use of Combined Therapy Study Data by BMS. (a) Subject to the restrictions on disclosure of the Combined Therapy Study Data to Third Parties as set forth below in this Section 7.4, BMS shall have the right to use and analyze the Combined Therapy Study Data for any purpose. (b) The Combined Therapy Study Data shall not be disclosed to Third Parties by BMS except as follows (and otherwise as expressly permitted under the Agreement).): (i) BMS may disclose the Combined Therapy Study Data to a Bona Fide Collaborator, solely for purposes of the development, regulatory approval and commercialization of the one or more compounds or products that are the subject of a the bona fide contractual licensing arrangement with such Bona Fide Collaborator; provided that such Bona Fide Collaborator shall be subject to the same restrictions on use and disclosure of such Combined Therapy Study Data as BMS under this Agreement; and provided further that disclosure of such Combined Therapy Study Data does not grant to such Bona Fide Collaborator any intellectual property rights in and to the Company Technology, Company Inventions, Company Study Data or the Company Compound Compounds or any Right of Cross-Reference to Company Regulatory Documentation. (ii) BMS may disclose the Combined Therapy Study Data to its contractors under confidentiality obligations similar to BMS’s ’ obligations under the Agreement, solely for purposes and to the extent required for such contractors to provide services for BMS for the development, regulatory approval and/or commercialization of the BMS Compound. (iii) BMS may disclose the Combined Therapy Study Data (1) to Regulatory Authorities in connection with regulatory filings, (2y) to investigators as necessary in connection with the Combined Therapy Study (provided that BMS shall provide the Company with at least [Redacted] five (5) Business Days’ notice prior to any such disclosure) or (32) as may be required by Applicable Law and/or the rules or regulations of any securities exchange on which BMS’s stock is listedLaw. (iv) To the extent that the Combined Therapy Study Data includes Safety Information and BMS needs to disclose to Third Parties such Safety Information of the Combined Therapy in its studies of the BMS Compound with other bispecific antibodies Conditionally Active Biologic Antibody Drug Conjugates (CAB ADC) in order to ensure patient safety, BMS may disclose such Safety Information. For clarity, BMS shall not disclose Safety Information related solely to one or both of the Company CompoundCompounds. (v) BMS may use and disclose to a Third Party the Combined Therapy Study Data, under obligations of confidentiality consistent with this Agreement, to the extent such Third Party is developing or commercializing a biomarker or diagnostic test for use with its Compound or the Combined TherapyTherapy as but only to the extent either (A) as monotherapy (without use or reference to any other pharmaceutical compound or therapeutic agent) or (B) as part of Combined Therapy under this Agreement. (vi) Filing or prosecuting Patent Rights for Inventions.