ENTITIES OR PERSONS AGREE TO
KEEP SUCH TERMS CONFIDENTIAL FOR THE SAME TIME PERIODS AND TO THE SAME EXTENT AS
SUCH PARTY IS REQUIRED TO KEEP SUCH TERMS CONFIDENTIAL.
THE PARTIES AGREE THAT
ALL PRESS RELEASES RELATED TO THE PROGRAM SHALL BE ISSUED JOINTLY BY BIOMARIN
AND GENZYME AND THAT THE PARTY PREPARING ANY SUCH PRESS RELEASE SHALL PROVIDE
THE OTHER PARTY WITH A DRAFT THEREOF REASONABLY IN ADVANCE OF DISCLOSURE SO AS
TO PERMIT THE OTHER PARTY TO REVIEW AND COMMENT ON SUCH PRESS RELEASE.
NOTWITHSTANDING THE FOREGOING, THE PARTIES SHALL AGREE UPON A PRESS RELEASE TO
ANNOUNCE THE EXECUTION OF THIS AGREEMENT, TOGETHER WITH A CORRESPONDING
QUESTION & ANSWER OUTLINE FOR USE IN RESPONDING TO INQUIRIES ABOUT THE
AGREEMENT; THEREAFTER, BIOMARIN AND GENZYME MAY EACH DISCLOSE TO THIRD PARTIES
THE INFORMATION CONTAINED IN SUCH PRESS RELEASE AND QUESTION & ANSWER OUTLINE
WITHOUT THE NEED FOR FURTHER APPROVAL BY THE OTHER.
10.3
PUBLICATIONS.
EACH PARTY RECOGNIZES THE MUTUAL
INTEREST IN OBTAINING VALID PATENT PROTECTION.
CONSEQUENTLY, ANY PARTY, ITS
EMPLOYEES OR CONSULTANTS WISHING TO MAKE A PUBLICATION (INCLUDING ANY ORAL
DISCLOSURE MADE WITHOUT OBLIGATION OF CONFIDENTIALITY) RELATING TO WORK
PERFORMED BY SUCH PARTY AS PART OF THE PROGRAM (THE "PUBLISHING PARTY") SHALL
TRANSMIT TO THE OTHER PARTY (THE "REVIEWING PARTY") A COPY OF THE PROPOSED
WRITTEN PUBLICATION AT LEAST FORTY-FIVE (45) DAYS PRIOR TO SUBMISSION FOR
PUBLICATION, OR AN ABSTRACT OF SUCH ORAL DISCLOSURE AT LEAST FIFTEEN (15) DAYS
PRIOR TO SUBMISSION OF THE ABSTRACT OR THE ORAL DISCLOSURE, WHICHEVER IS
EARLIER.
THE REVIEWING PARTY SHALL HAVE THE RIGHT TO (A) REQUEST A DELAY IN
PUBLICATION OR PRESENTATION IN ORDER TO PROTECT PATENTABLE INFORMATION,
(B) PROPOSE MODIFICATIONS TO THE PUBLICATION FOR PATENT REASONS OR (C) REQUEST
THAT THE INFORMATION BE MAINTAINED AS A TRADE SECRET.
WITH RESPECT TO
PUBLICATIONS OR DISCLOSURES BY INVESTIGATORS OR OTHER THIRD PARTIES, SUCH
PUBLICATIONS AND DISCLOSURES SHALL BE SUBJECT TO REVIEW BY THE REVIEWING PARTY
UNDER THIS SECTION 10.3 ONLY TO THE EXTENT THAT THE SUBMITTING PARTY HAS THE
RIGHT TO DO SO.
10.3.1
PATENTS.
IF THE REVIEWING PARTY REQUESTS A DELAY AS
DESCRIBED IN CLAUSE (A) ABOVE, THE PUBLISHING PARTY SHALL DELAY SUBMISSION OR
PRESENTATION OF THE PUBLICATION FOR A PERIOD OF NINETY (90) DAYS TO ENABLE
PATENT APPLICATIONS PROTECTING EACH PARTY'S RIGHTS IN SUCH INFORMATION TO BE
FILED.
UPON THE EXPIRATION OF FORTY-FIVE (45) DAYS, IN THE CASE OF PROPOSED
WRITTEN DISCLOSURES, OR FIFTEEN (15) DAYS, IN THE CASE OF AN ABSTRACT OF
PROPOSED ORAL DISCLOSURES, FROM TRANSMISSION OF SUCH PROPOSED DISCLOSURES TO THE
REVIEWING PARTY, THE PUBLISHING PARTY SHALL BE FREE TO PROCEED WITH THE WRITTEN
PUBLICATION OR THE ORAL PRESENTATION, RESPECTIVELY, UNLESS THE REVIEWING PARTY
HAS REQUESTED THE DELAY DESCRIBED ABOVE.
10.3.2
OTHER.
TO THE EXTENT POSSIBLE IN THE REASONABLE EXERCISE OF
ITS DISCRETION, THE PUBLISHING PARTY SHALL INCORPORATE ALL MODIFICATIONS
PROPOSED UNDER CLAUSE (B) ABOVE.
IF A TRADE SECRET THAT IS THE SUBJECT OF A
REQUEST MADE UNDER CLAUSE (C) ABOVE CANNOT BE OTHERWISE PROTECTED WITHOUT
UNREASONABLE EXPENSE TO THE