PAYMENTS,
WITH INTEREST AS SET FORTH IN SECTION 6.6, WITHIN 30 DAYS AFTER THE DATE ON
WHICH SUCH ACCOUNTING FIRM'S WRITTEN REPORT IS DELIVERED TO SUCH PARTY.
6.8.4
CONFIDENTIALITY.
ISIS WILL TREAT THE FINANCIAL INFORMATION REPORTED
TO IT UNDER SECTION 6.8.2 IN ACCORDANCE WITH THE CONFIDENTIALITY PROVISIONS OF
ARTICLE 8; PROVIDED, HOWEVER, THAT ISIS MAY PROVIDE THIRD PARTIES TO WHICH ISIS
OWES EXISTING ROYALTIES ON PRODUCTS SUCH INFORMATION IF IT EXERCISES ITS AUDIT
RIGHTS CONCERNING THE PRODUCTS AGAINST ISIS AND PROVIDED SUCH THIRD PARTY IS
BOUND TO KEEP SUCH INFORMATION CONFIDENTIAL.
ARTICLE 7 -
PRESS RELEASES & PUBLICATIONS
SECTION 7.1
PRESS RELEASES
7.1.1 PRESS RELEASES - GENERALLY.
EACH PROVISION OF THIS SECTION 7.1.1 IS
SUBJECT TO SECTION 7.1.2 BELOW.
PRESS RELEASES OR OTHER SIMILAR PUBLIC
COMMUNICATION BY EITHER PARTY RELATING TO THIS AGREEMENT, WILL BE APPROVED IN
ADVANCE BY THE OTHER PARTY, WHICH APPROVAL WILL NOT BE UNREASONABLY WITHHELD OR
DELAYED, EXCEPT FOR THOSE COMMUNICATIONS REQUIRED BY APPLICABLE LAW, WHICH ARE
AUTHORIZED DISCLOSURES OR DISCLOSURES OF INFORMATION FOR WHICH CONSENT HAS
PREVIOUSLY BEEN OBTAINED, AND INFORMATION OF A SIMILAR NATURE TO THAT WHICH HAS
BEEN PREVIOUSLY DISCLOSED PUBLICLY WITH RESPECT TO THIS AGREEMENT, EACH OF WHICH
WILL NOT REQUIRE ADVANCE APPROVAL, BUT WILL BE PROVIDED TO THE OTHER PARTY AS
SOON AS PRACTICABLE AFTER THE RELEASE OR COMMUNICATION THEREOF.
*** CONFIDENTIAL TREATMENT REQUESTED
13
7.1.2 PRESS RELEASES - PRODUCT SAFETY/EFFICACY. EACH PARTY WILL IMMEDIATELY
NOTIFY (AND, IF POSSIBLE, PROVIDE AS MUCH ADVANCE NOTICE AS POSSIBLE TO) THE
OTHER OF ANY EVENT MATERIALLY RELATED TO PRODUCTS (INCLUDING ANY REGULATORY
APPROVAL) SO THAT THE PARTIES MAY ANALYZE THE NEED TO OR DESIRABILITY OF
PUBLICLY DISCLOSING OR REPORTING SUCH EVENT.
NOTWITHSTANDING SECTION 7.1.1
ABOVE, ANY PRESS RELEASE OR OTHER SIMILAR PUBLIC COMMUNICATION BY EITHER PARTY
RELATED A PRODUCT'S EFFICACY OR SAFETY DATA AND/OR RESULTS, WILL BE SUBMITTED TO
THE OTHER PARTY FOR REVIEW AND APPROVAL AT LEAST 72 HOURS IN ADVANCE OF SUCH
PROPOSED PUBLIC DISCLOSURE, WHICH APPROVAL WILL NOT BE UNREASONABLY WITHHELD OR
DELAYED.
SECTION 7.2
PUBLICATIONS.
EACH PROVISION OF THIS SECTION 7.2 IS SUBJECT TO
SECTION 7.1.2 ABOVE.
AT LEAST [***] DAYS PRIOR TO A PARTY'S SUBMISSION OF ANY
MATERIAL RELATED TO THE RESEARCH OR DEVELOPMENT ACTIVITIES HEREUNDER FOR
PUBLICATION OR PRESENTATION, THE PUBLISHING PARTY WILL PROVIDE TO THE OTHER
PARTY WITH A DRAFT OF SUCH MATERIAL FOR ITS REVIEW AND COMMENT.
THE
NON-PUBLISHING PARTY WILL PROVIDE ANY COMMENTS TO THE PUBLISHING PARTY WITHIN
[***] DAYS OF RECEIPT OF SUCH MATERIALS.
NO PUBLICATION OR PRESENTATION WITH
RESPECT TO THE RESEARCH OR DEVELOPMENT ACTIVITIES HEREUNDER WILL BE MADE UNLESS
AND UNTIL THE NON-PUBLISHING PARTY'S COMMENTS ON THE PROPOSED PUBLICATION OR
PRESENTATION HAVE BEEN DISCUSSED BY THE PARTIES.
IF REQUESTED IN WRITING BY
THE NON-PUBLISHING PARTY, THE PUBLISHING PARTY WILL WITHHOLD MATERIAL FROM
SUBMISSION FOR PUBLICATION OR PRESENTATION FOR A REASONABLE TIME TO ALLOW FOR
THE FILING OF A PATENT APPLICATION.
ARTICLE 8 -
CONFIDENTIALITY
SECTION 8.1
DISCLOSURE AND USE RESTRICTION.
EXCEPT PURSUANT TO AN
AUTHORIZED DISCLOSURE, THE PARTIES AGREE THAT,