of 1934,
as amended.
14
(E)
THE RECEIVING PARTY IS REQUIRED TO DIVULGE
EITHER BY A COURT OF LAW OR IN ORDER TO COMPLY WITH ANY FEDERAL, NATIONAL,
STATE, PROVINCIAL OR LOCAL LAW OR REGULATION (AFTER PROVIDING THE DISCLOSING
PARTY WITH REASONABLE NOTICE OF SUCH REQUIREMENT AND WITH AN OPPORTUNITY TO
OPPOSE OR LIMIT SUCH DISCLOSURE OR TO OBTAIN A PROTECTIVE ORDER).
8.2
PUBLICATION.
GEISINGER AND INTERLEUKIN MAY
PUBLISH ARTICLES OR MAKE PRESENTATIONS CONCERNING THE STUDY RESULTS; PROVIDED,
THAT, EACH PARTY SHALL PROVIDE TO THE OTHER PARTY THE OPPORTUNITY TO REVIEW EACH
OF THE SUBMITTING PARTY'S PROPOSED ABSTRACTS, MANUSCRIPTS OR PRESENTATIONS
(INCLUDING, WITHOUT LIMITATION, INFORMATION TO BE PRESENTED VERBALLY) THAT
RELATE TO THE STUDY RESULTS AT LEAST NINETY (90) DAYS PRIOR TO ITS INTENDED
PRESENTATION OR SUBMISSION FOR PUBLICATION, AND SUCH SUBMITTING PARTY AGREES,
UPON WRITTEN REQUEST FROM THE OTHER PARTY GIVEN WITHIN SUCH NINETY (90) DAY
PERIOD, NOT TO SUBMIT SUCH ABSTRACT OR MANUSCRIPT FOR PUBLICATION OR TO MAKE
SUCH PRESENTATION UNTIL THE OTHER PARTY IS GIVEN AT LEAST SIXTY (60) DAYS FROM
THE DATE OF SUCH WRITTEN REQUEST TO SEEK APPROPRIATE PATENT PROTECTION FOR ANY
MATERIAL IN SUCH PUBLICATION OR PRESENTATION THAT IT REASONABLY BELIEVES MAY BE
PATENTABLE.
ONCE SUCH ABSTRACTS, MANUSCRIPTS OR PRESENTATIONS HAVE BEEN
REVIEWED AND APPROVED BY EACH PARTY, THE SUBJECT MATTER DISCLOSED IN SUCH
ABSTRACTS, MANUSCRIPTS OR PRESENTATIONS DOES NOT HAVE TO BE PROVIDED AGAIN TO
THE OTHER PARTY FOR REVIEW FOR A LATER SUBMISSION FOR PUBLICATION.
EACH PARTY
ALSO SHALL HAVE THE RIGHT TO REQUIRE THAT ANY OF ITS CONFIDENTIAL INFORMATION
THAT IS DISCLOSED IN ANY SUCH PROPOSED PUBLICATION OR PRESENTATION BE DELETED
PRIOR TO SUCH PUBLICATION OR PRESENTATION.
IN ANY PERMITTED PUBLICATION OR
PRESENTATION BY A PARTY, THE OTHER PARTY'S CONTRIBUTION SHALL BE DULY
RECOGNIZED, AND CO-AUTHORSHIP SHALL BE DETERMINED IN ACCORDANCE WITH CUSTOMARY
STANDARDS.
8.3
PUBLICITY.
THE PARTIES ACKNOWLEDGE AND AGREE
THAT THE TERMS OF THIS AGREEMENT CONSTITUTE CONFIDENTIAL INFORMATION OF EACH
PARTY AND MAY ONLY BE DISCLOSED (A) AS PERMITTED BY SECTION 8.1 (B) FOR
GEISINGER RESEARCH COMMUNICATION AND ADMINISTRATION PUBLICATIONS INCLUDING A
PUBLISHED DATABASE OF TITLES OF GRANTS AND CONTRACTS, BRIEF DESCRIPTION OF
RESEARCH CONDUCTED UNDER SUCH GRANTS AND CONTRACTS, AND NAME OF COMPANY, AND BY
WAY OF REFERENCE, "GEISINGER RESEARCH CONNECTIONS", AND (C) TO INVESTMENT
BANKERS, INVESTORS, AND BONA FIDE POTENTIAL INVESTORS, LENDERS AND POTENTIAL
LENDERS AND OTHER SOURCES AND OTHER POTENTIAL SOURCES OF FINANCING, ACQUIRERS OR
MERGER PARTNERS AND POTENTIAL ACQUIRERS OR MERGER PARTNERS, BUT ONLY TO THE
EXTENT SUCH DISCLOSURE IS ACCOMPANIED WITH CONFIDENTIALITY OBLIGATIONS
COMMENSURATE IN SCOPE WITH THE CONFIDENTIALITY OBLIGATIONS SET FORTH HEREUNDER.
A COPY OF THIS AGREEMENT MAY BE FILED BY EITHER PARTY WITH THE SECURITIES AND
EXCHANGE COMMISSION IF SUCH FILING IS REQUIRED BY APPLICABLE LAWS AND STANDARDS;
PROVIDED, THAT IN CONNECTION WITH ANY SUCH FILING, SUCH PARTY SHALL ENDEAVOR TO
OBTAIN CONFIDENTIAL TREATMENT OF ECONOMIC AND TRADE SECRET INFORMATION, AND
SHALL PROVIDE THE OTHER PARTY WITH THE PROPOSED CONFIDENTIAL TREATMENT REQUEST
WITH REASONABLE TIME FOR SUCH OTHER PARTY TO PROVIDE