through (d) of
this Section 8.2 sufficiently prior to making such disclosure so as to allow the
Disclosing Party adequate time to take whatever action it may deem appropriate
to protect the confidentiality of the information.
FOR PURPOSES OF THIS ARTICLE 8, DURING THE COLLABORATION TERM, THE RESEARCH
RESULTS WILL BE TREATED AS CONFIDENTIAL INFORMATION OF BOTH PARTIES. AFTER THE
EXPIRATION OF THE COLLABORATION TERM, THE RESEARCH RESULTS WILL BE TREATED AS
CONFIDENTIAL INFORMATION OF OMI (UNLESS SUCH RESEARCH RESULTS ARE TRANSFERRED TO
ISIS UNDER ARTICLE 11).
SECTION
8.3
REQUIRED DISCLOSURE. A RECEIVING PARTY MAY DISCLOSE CONFIDENTIAL INFORMATION
PURSUANT TO INTERROGATORIES, REQUESTS FOR INFORMATION OR DOCUMENTS, SUBPOENA,
CIVIL INVESTIGATIVE DEMAND ISSUED BY A COURT OR GOVERNMENTAL AGENCY OR AS
OTHERWISE REQUIRED BY LAW; PROVIDED HOWEVER, THAT THE RECEIVING PARTY WILL
NOTIFY THE DISCLOSING PARTY PROMPTLY UPON RECEIPT THEREOF, GIVING (WHERE
PRACTICABLE) THE DISCLOSING PARTY SUFFICIENT ADVANCE NOTICE TO PERMIT IT TO
OPPOSE, LIMIT OR SEEK CONFIDENTIAL TREATMENT FOR SUCH DISCLOSURE, AND TO FILE
FOR PATENT PROTECTION IF RELEVANT; AND PROVIDED, FURTHER, THAT THE RECEIVING
PARTY WILL FURNISH ONLY THAT PORTION OF THE CONFIDENTIAL INFORMATION WHICH IT IS
ADVISED BY COUNSEL IS LEGALLY REQUIRED WHETHER OR NOT A PROTECTIVE ORDER OR
OTHER SIMILAR ORDER IS OBTAINED BY THE DISCLOSING PARTY.
SECTION
8.4
SECURITIES FILINGS. IN THE EVENT EITHER PARTY PROPOSES TO FILE WITH THE
SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES REGULATORS OF ANY STATE OR
OTHER JURISDICTION A REGISTRATION STATEMENT, PERIODIC REPORT, OR ANY OTHER
DISCLOSURE DOCUMENT WHICH DESCRIBES OR REFERS TO THIS AGREEMENT UNDER THE
SECURITIES ACT OF 1933, AS AMENDED, THE SECURITIES EXCHANGE ACT, OF 1934, AS
AMENDED, OR ANY OTHER APPLICABLE SECURITIES LAW, THE PARTY WILL NOTIFY THE OTHER
PARTY OF SUCH INTENTION AND WILL PROVIDE SUCH OTHER PARTY WITH A COPY OF
RELEVANT PORTIONS OF THE PROPOSED FILING NOT LESS THAN THREE (3) BUSINESS DAYS
PRIOR TO SUCH FILING (PROVIDED THAT, WHENEVER PRACTICABLE, SUCH PORTIONS WILL BE
PROVIDED NOT LESS THAN 5 BUSINESS DAYS PRIOR TO SUCH FILING) (AND ANY MATERIAL
REVISIONS TO SUCH PORTIONS OF THE PROPOSED FILING A REASONABLE TIME PRIOR TO THE
FILING THEREOF), INCLUDING ANY EXHIBITS THERETO RELATING TO THE AGREEMENT, AND
WILL OBTAIN CONFIDENTIAL TREATMENT OF ANY INFORMATION CONCERNING THE AGREEMENT
THAT SUCH OTHER PARTY REQUESTS BE KEPT CONFIDENTIAL (EXCEPT TO THE EXTENT
ADVISED BY COUNSEL THAT CONFIDENTIAL TREATMENT IS NOT AVAILABLE FOR SUCH
INFORMATION), AND WILL ONLY DISCLOSE CONFIDENTIAL INFORMATION WHICH IT IS
ADVISED BY COUNSEL IS LEGALLY REQUIRED TO BE DISCLOSED. NO SUCH NOTICE WILL BE
REQUIRED UNDER THIS SECTION 8.4 IF THE SUBSTANCE OF THE DESCRIPTION OF OR
REFERENCE TO THIS AGREEMENT CONTAINED IN THE PROPOSED FILING HAS BEEN INCLUDED
IN ANY PREVIOUS FILING MADE BY THE EITHER PARTY HEREUNDER OR OTHERWISE APPROVED
BY THE OTHER PARTY.
SECTION
8.5
TERMS OF AGREEMENT. THE EXISTENCE AND THE TERMS AND CONDITIONS OF THE AGREEMENT
THAT THE PARTIES HAVE NOT SPECIFICALLY AGREED TO DISCLOSE PURSUANT TO ARTICLE 6
OR SECTION 8.4 WILL BE CONSIDERED CONFIDENTIAL INFORMATION OF BOTH PARTIES.
EITHER PARTY