THE SCOPE OR VALIDITY OF ANY LICENSED PATENT RIGHT CONTROLLED
BY ISIS [***].
10.
CONFIDENTIAL INFORMATION
10.1
PERMITTED DISCLOSURES.
EACH PARTY MAY MAKE
PERMITTED DISCLOSURES OF ANOTHER PARTY'S CONFIDENTIAL INFORMATION.
10.2
SCIENTIFIC PUBLICATIONS.
NO PARTY WILL PUBLISH,
PRESENT OR OTHERWISE DISCLOSE TO THE PUBLIC THE RESULTS OF ANY RESEARCH PROGRAM
OR DEVELOPMENT PROJECT ("RESEARCH RESULTS"), EXCEPT AS SPECIFICALLY APPROVED BY
THE COLLABORATION WORKING GROUP OR AS PROVIDED IN THIS SECTION 10.2 BELOW OR IN
SECTION 10.3.
THE COLLABORATION WORKING GROUP WILL AGREE UPON THE FORM AND
TIMING OF ANY PUBLICATION OR PRESENTATION OR OTHER DISCLOSURE (SUCH AS AN
ABSTRACT, MANUSCRIPT OR PRESENTATION) TO THE PUBLIC OF THE RESEARCH RESULTS
SUBJECT TO THE COLLABORATION WORKING GROUP'S APPROVAL.
FOR CLARIFICATION, THIS
SECTION 10.2 AND SECTION 10.3 WILL NOT APPLY WITH RESPECT TO THE USE AND
DISCLOSURE OF ANOTHER PARTY'S CONFIDENTIAL INFORMATION AS SPECIFICALLY PROVIDED
FOR IN THE INVESTOR RIGHTS AGREEMENT OR SECTION 10.1 OF THIS AGREEMENT OR FOR
DISCLOSURE OF ANY PARTY'S OWN INFORMATION TO COMPLY WITH LAW.
10.3
DISCLOSURES REGARDING ROYALTY-BEARING PRODUCTS.
IN ADDITION, EACH COMMERCIALIZING PARTY MAY, WITHOUT THE COLLABORATION WORKING
GROUP'S APPROVAL, MAKE
19
DISCLOSURES PERTAINING SOLELY TO ITS ROYALTY-BEARING PRODUCTS; PROVIDED,
HOWEVER, THAT, (I) REGULUS WILL IMMEDIATELY NOTIFY (AND PROVIDE AS MUCH ADVANCE
NOTICE AS POSSIBLE TO) THE OTHER PARTIES OF ANY EVENT MATERIALLY RELATED TO ITS
ROYALTY-BEARING PRODUCTS (INCLUDING ANY REGULATORY APPROVAL) SO THAT THE PARTIES
MAY ANALYZE THE NEED TO OR DESIRABILITY OF PUBLICLY DISCLOSING OR REPORTING SUCH
EVENT AND (II) ANY PRESS RELEASE OR OTHER SIMILAR PUBLIC COMMUNICATION BY ANY
PARTY RELATED TO EFFICACY OR SAFETY DATA AND/OR RESULTS OF A ROYALTY-BEARING
PRODUCT WILL BE SUBMITTED TO THE OTHER PARTIES FOR REVIEW AT LEAST [***]
BUSINESS DAYS (TO THE EXTENT PERMITTED BY LAW) IN ADVANCE OF SUCH PROPOSED
PUBLIC DISCLOSURE, THE OTHER PARTIES SHALL HAVE THE RIGHT TO EXPEDITIOUSLY
REVIEW AND RECOMMEND CHANGES TO SUCH COMMUNICATION AND THE PARTY WHOSE
COMMUNICATION HAS BEEN REVIEWED SHALL IN GOOD FAITH CONSIDER ANY CHANGES THAT
ARE TIMELY RECOMMENDED BY THE REVIEWING PARTIES.
NOTWITHSTANDING THE FOREGOING,
IN EACH CASE SUCH RIGHT OF REVIEW AND RECOMMENDATION SHALL ONLY APPLY FOR THE
FIRST TIME THAT SPECIFIC INFORMATION IS TO BE DISCLOSED, AND SHALL NOT APPLY TO
THE SUBSEQUENT DISCLOSURE OF INFORMATION THAT (A) IS SUBSTANTIALLY SIMILAR TO A
PREVIOUSLY REVIEWED DISCLOSURE AND (B) IN THE CONTEXT OF THE SUBSEQUENT
DISCLOSURE, DOES NOT CARRY A SUBSTANTIALLY DIFFERENT QUALITATIVE MESSAGE THAN
THAT CARRIED BY THE PREVIOUSLY REVIEWED DISCLOSURE.
11.
INDEMNIFICATION
11.1
INDEMNIFICATION BY REGULUS.
REGULUS AGREES TO
DEFEND EACH LICENSOR, THE AFFILIATES OF EACH LICENSOR, AND THEIR RESPECTIVE
AGENTS, DIRECTORS, OFFICERS AND EMPLOYEES (THE "LICENSOR INDEMNITEES"), AT
REGULUS' COST AND EXPENSE, AND WILL INDEMNIFY AND HOLD HARMLESS THE LICENSOR
INDEMNITEES FROM AND AGAINST ANY AND ALL LOSSES, COSTS, DAMAGES, FEES OR
EXPENSES ("LOSSES") RELATING TO OR IN CONNECTION WITH A THIRD PARTY CLAIM
ARISING OUT OF (A) ANY ACTUAL OR ALLEGED DEATH, PERSONAL BODILY INJURY OR DAMAGE
TO REAL OR TANGIBLE PERSONAL PROPERTY CLAIMED TO RESULT, DIRECTLY OR INDIRECTLY,
FROM THE MANUFACTURE,