MAXIMUM RATE
PERMITTED BY APPLICABLE LAW, WHICHEVER IS THE LOWER.
ARTICLE 6 -
PRESS RELEASES & PUBLICATIONS
SECTION 6.1
PRESS RELEASES; PUBLIC DISCLOSURE.
6.1.1
UPON EXECUTION OF THIS AGREEMENT, THE PARTIES SHALL ISSUE A JOINT
PRESS RELEASE ANNOUNCING THE EXISTENCE OF THIS AGREEMENT IN A FORM AND SUBSTANCE
AGREED TO IN WRITING BY THE PARTIES.
EACH PARTY AGREES NOT TO ISSUE ANY OTHER
PRESS RELEASE OR OTHER PUBLIC STATEMENT DISCLOSING OTHER INFORMATION RELATING TO
THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY WITHOUT THE PRIOR WRITTEN
CONSENT OF THE OTHER PARTY, WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD OR
DELAYED, PROVIDED HOWEVER, THAT EACH PARTY MAY MAKE DISCLOSURES PERMITTED BY,
AND IN ACCORDANCE WITH, ARTICLE 7.
EACH PARTY AGREES TO PROVIDE TO THE OTHER
PARTY A COPY OF ANY PUBLIC ANNOUNCEMENT REGARDING THIS AGREEMENT OR THE SUBJECT
MATTER THEREOF AS SOON AS REASONABLY PRACTICABLE UNDER THE CIRCUMSTANCES PRIOR
TO ITS SCHEDULED RELEASE.
EXCEPT UNDER EXTRAORDINARY CIRCUMSTANCES, EACH PARTY
SHALL PROVIDE THE OTHER WITH AN ADVANCE COPY OF ANY SUCH ANNOUNCEMENT AT LEAST 5
BUSINESS DAYS PRIOR TO ITS SCHEDULED RELEASE.
EACH PARTY SHALL HAVE THE RIGHT
TO EXPEDITIOUSLY REVIEW AND RECOMMEND CHANGES TO ANY SUCH ANNOUNCEMENT AND,
EXCEPT AS OTHERWISE PERMITTED BY ARTICLE 7, THE PARTY WHOSE ANNOUNCEMENT HAS
BEEN REVIEWED SHALL REMOVE ANY INFORMATION THE REVIEWING PARTY REASONABLY DEEMS
TO BE INAPPROPRIATE FOR DISCLOSURE.
THE CONTENTS OF ANY ANNOUNCEMENT OR SIMILAR
PUBLICITY WHICH HAS BEEN REVIEWED AND APPROVED BY THE REVIEWING PARTY CAN BE
RE-RELEASED BY EITHER PARTY WITHOUT A REQUIREMENT FOR RE-APPROVAL.
6.1.2
EACH PARTY WILL IMMEDIATELY NOTIFY (AND 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 6.1.1 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 5 BUSINESS DAYS IN
ADVANCE OF SUCH PROPOSED PUBLIC DISCLOSURE, WHICH APPROVAL WILL NOT BE
UNREASONABLY WITHHELD OR DELAYED.
SECTION 6.2
PUBLICATION OF RESEARCH RESULTS.
6.2.1
PUBLICATION BY ISIS.
ISIS SHALL NOT PUBLISH, PRESENT OR OTHERWISE
DISCLOSE TO THE PUBLIC THE RESEARCH RESULTS EXCLUSIVELY LICENSED TO BMS
HEREUNDER, EXCEPT SUBJECT TO THE PRIOR REVIEW AND COMMENT BY BMS AS FOLLOWS.
ISIS SHALL PROVIDE BMS WITH THE OPPORTUNITY TO REVIEW ANY SUCH PROPOSED
DISCLOSURE WHICH IF MADE WOULD OR MAY BE CONSIDERED A PUBLIC DISCLOSURE, WHETHER
WRITTEN OR ORAL, (SUCH AS AN ABSTRACT, MANUSCRIPT OR PRESENTATION) THAT CONTAINS
SUCH RESEARCH RESULTS BY DELIVERING A COPY THEREOF TO BMS NO LESS THAN THIRTY
(30) DAYS BEFORE ITS INTENDED SUBMISSION FOR PUBLICATION, PRESENTATION OR OTHER
PUBLIC DISCLOSURE.
BMS SHALL HAVE THIRTY (30) DAYS FROM ITS RECEIPT OF ANY SUCH
PROPOSED DISCLOSURE IN WHICH TO NOTIFY ISIS IN WRITING OF APPROVAL OF THE
DISCLOSURE, SUCH APPROVAL NOT TO BE UNREASONABLY WITHHELD OR DELAYED.
IN THE
EVENT BMS OBJECTS