DRUG SUBSTANCE INFORMATION TO THIRD PARTY
DEVELOPMENTAL AND ANALYTICAL SERVICES PROVIDERS IN CONNECTION WITH PERFORMANCE
OF ITS OBLIGATIONS HEREUNDER PROVIDED SUCH PROVIDERS SHALL BE SUBJECT TO
CONFIDENTIALITY AGREEMENTS.
EITHER PARTY MAY DISCLOSE CONFIDENTIAL INFORMATION
OF THE DISCLOSING PARTY TO THOSE AFFILIATES, AGENTS AND CONSULTANTS WHO NEED TO
KNOW SUCH INFORMATION TO ACCOMPLISH THE PURPOSES OF THIS AGREEMENT AND
PHARMATHENE SHALL HAVE THE RIGHT TO DISCLOSE CONFIDENTIAL INFORMATION OF AVECIA
PURSUANT TO THE LICENSES GRANTED TO PHARMATHENE UNDER THIS AGREEMENT
(COLLECTIVELY, 'PERMITTED RECIPIENTS"); PROVIDED SUCH PERMITTED RECIPIENTS ARE
BOUND TO MAINTAIN SUCH CONFIDENTIAL INFORMATION IN CONFIDENCE.
8.3
DISCLOSURE TO COURTS OR BY LAW OR OTHER
RULES:
SUBJECT TO THE PROVISO BELOW, NOTHING IN THIS SECTION 8 SHALL PRECLUDE
DISCLOSURE OF ANY CONFIDENTIAL INFORMATION (A) REQUIRED BY ANY COURT ENTITLED BY
LAW TO DISCLOSURE OF THE SAME, OR (B) WHICH IS REQUIRED BY LAW TO BE DISCLOSED
(INCLUDING, WITHOUT LIMITATION, TO A REGULATORY
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CONFIDENTIAL
AUTHORITY, IN CONNECTION WITH FREEDOM OF INFORMATION LEGISLATION OR REGULATIONS,
OR IN RELATION TO FILINGS WITH ANY RECOGNISED STOCK EXCHANGE).
IF A PARTY IS
REQUIRED TO MAKE A DISCLOSURE IN ACCORDANCE WITH THIS SECTION 8.3 IT SHALL ONLY
MAKE A DISCLOSURE TO THE EXTENT TO WHICH IT IS OBLIGED.
NOTWITHSTANDING THE
FOREGOING, THE PARTY INTENDING TO MAKE SUCH DISCLOSURE SHALL IN EACH CASE
PROMPTLY NOTIFY THE OTHER PARTY WHEN ANY REQUIREMENT TO DISCLOSE HAS ARISEN, TO
ENABLE THE OTHER PARTY TO SEEK AN APPROPRIATE PROTECTIVE ORDER AND TO MAKE KNOWN
TO THE INTENDED RECIPIENT THE PROPRIETARY NATURE OF THE CONFIDENTIAL INFORMATION
AND TO MAKE ANY APPLICABLE CLAIM OF CONFIDENTIALITY IN RESPECT THEREOF.
THE
PARTY INTENDING TO MAKE SUCH DISCLOSURE SHALL CO-OPERATE IN ANY ACTION WHICH THE
OTHER PARTY MAY IN ITS REASONABLE DISCRETION DECIDE TO TAKE.
8.4
PUBLICITY.
THE PARTIES AGREE THAT THE PUBLIC
ANNOUNCEMENT OF THE EXECUTION OF THIS AGREEMENT OR A PARTICULAR PROJECT PLAN
SHALL ONLY BE BY ONE OR MORE PRESS RELEASES MUTUALLY AGREED TO BY THE PARTIES.
A PARTY WISHING TO MAKE A PRESS RELEASE SHALL FORWARD A COPY OF THE PROPOSED
PRESS RELEASE TO THE OTHER PARTY PRIOR TO PUBLISHING SAID PRESS RELEASE,
WHEREUPON THE PARTY RECEIVING SUCH PROPOSED PRESS RELEASE SHALL APPROVE, AMEND
OR REJECT SUCH PRESS RELEASE.
IN THE EVENT THE PARTIES DO NOT MUTUALLY AGREE ON
THE CONTENTS OF THE PROPOSED PRESS RELEASE SUCH PRESS RELEASE SHALL NOT BE MADE,
EXCEPT THAT NEITHER PARTY SHALL UNREASONABLY WITHHOLD APPROVAL OF SUCH PRESS
RELEASE.
8.5
DURATION OF CONFIDENTIALITY:
ALL OBLIGATIONS
OF CONFIDENTIALITY AND NON-USE IMPOSED UPON THE PARTIES UNDER THIS AGREEMENT
SHALL EXPIRE TEN (10) YEARS AFTER THE EXPIRATION OR EARLIER TERMINATION OF THIS
AGREEMENT; PROVIDED, HOWEVER, THAT CONFIDENTIAL INFORMATION WHICH CONSTITUTES
THE TRADE SECRETS OF A PARTY AND WHICH IS IDENTIFIED AS SUCH SHALL BE KEPT
CONFIDENTIAL INDEFINITELY, SUBJECT TO THE LIMITATIONS SET OUT IN THIS SECTION.
9.
INTELLECTUAL PROPERTY
9.1
EXISTING INTELLECTUAL PROPERTY:
(A)
EXCEPT AS THE PARTIES MAY OTHERWISE
EXPRESSLY AGREE IN WRITING, EACH PARTY SHALL CONTINUE TO OWN ITS EXISTING
PATENTS, TRADEMARKS, COPYRIGHTS,