PUBLISH ALL CLINICAL TRIALS WITH RESPECT TO
THE LICENSED PRODUCTS AND RESULTS THEREOF ON THE CLINICAL TRIAL REGISTRIES WHICH
ARE MAINTAINED BY OR ON BEHALF OF ROCHE.
SYNTA SHALL NOT PUBLISH ANY CLINICAL
TRIALS WITH RESPECT TO THE LICENSED PRODUCTS OR RESULTS THEREOF ON ITS CLINICAL
TRIAL REGISTRY; PROVIDED, HOWEVER, THAT ROCHE'S CLINICAL TRIAL REGISTRY CAN BE
ACCESSED VIA A LINK FROM SYNTA'S CLINICAL TRIAL REGISTRY; AND PROVIDED, FURTHER,
THAT SYNTA SHALL BE PERMITTED, IN ACCORDANCE WITH APPLICABLE LAW, TO POST
CLINICAL TRIAL INFORMATION WITH RESPECT TO THE LICENSED PRODUCTS ON
CLINICALTRIALS.GOV OR ANY OTHER MANDATED REGISTRY.
9.3.2.
PUBLICATION.
A PARTY (THE "PUBLISHING PARTY") SHALL
PROVIDE THE OTHER PARTY WITH A COPY OF ANY PROPOSED PUBLICATION OR PRESENTATION
AT LEAST [***] ([***]) [***] (OR AT LEAST [***] ([***]) [***] IN THE CASE OF
ABSTRACTS OR ORAL PRESENTATIONS) PRIOR TO SUBMISSION FOR PUBLICATION BY THE
PUBLISHING PARTY OR ITS AFFILIATES SO AS TO PROVIDE SUCH OTHER PARTY WITH AN
OPPORTUNITY TO RECOMMEND ANY CHANGES IT REASONABLY BELIEVES ARE NECESSARY TO
CONTINUE TO MAINTAIN THE CONFIDENTIAL INFORMATION DISCLOSED BY THE OTHER PARTY
TO THE PUBLISHING PARTY IN ACCORDANCE WITH THE REQUIREMENTS OF THIS AGREEMENT.
THE INCORPORATION OF SUCH RECOMMENDED CHANGES SHALL NOT BE UNREASONABLY REFUSED;
AND IF SUCH OTHER PARTY NOTIFIES ("NOTICE") THE PUBLISHING PARTY IN WRITING,
WITHIN [***] ([***]) [***] AFTER RECEIPT OF THE COPY OF THE PROPOSED PUBLICATION
OR PRESENTATION (OR AT LEAST [***] ([***]) [***] IN THE CASE OF ORAL
PRESENTATIONS), THAT SUCH PUBLICATION OR PRESENTATION IN ITS REASONABLE JUDGMENT
(A) CONTAINS AN INVENTION, SOLELY OR JOINTLY CONCEIVED OR REDUCED TO PRACTICE BY
THE OTHER PARTY, FOR WHICH THE OTHER PARTY REASONABLY DESIRES TO OBTAIN PATENT
PROTECTION OR (B) COULD BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT ON THE
COMMERCIAL VALUE OF ANY CONFIDENTIAL INFORMATION DISCLOSED BY THE OTHER PARTY TO
THE PUBLISHING PARTY, THE PUBLISHING PARTY SHALL PREVENT SUCH PUBLICATION OR
DELAY SUCH PUBLICATION FOR A MUTUALLY AGREEABLE PERIOD OF TIME.
IN THE CASE OF
INVENTIONS, A DELAY SHALL BE FOR A PERIOD REASONABLY SUFFICIENT TO PERMIT THE
TIMELY PREPARATION AND FILING OF A PATENT APPLICATION(S) ON SUCH INVENTION, AND
IN NO EVENT LESS THAN [***] ([***]) [***] FROM THE DATE OF THE NOTICE.
IN THE
CASE OF CONFIDENTIAL INFORMATION, ANY OF THE NON-PUBLISHING PARTY'S CONFIDENTIAL
INFORMATION SHALL BE DELETED AS REQUESTED.
9.3.3.
CONFIDENTIAL INFORMATION IN PATENTS.
NOTHING IN THIS
AGREEMENT SHALL PREVENT EITHER PARTY FROM FILING OR PROSECUTING A PATENT
APPLICATION OR ITS RESULTING PATENTS RELATED TO A LICENSED PRODUCT; PROVIDED,
THAT SUCH PARTY IS IN COMPLIANCE WITH SECTIONS 8.2 AND 9.1(C).
9.3.4.
RETURN OF CONFIDENTIAL INFORMATION.
UPON THE
EXPIRATION OR TERMINATION OF THIS AGREEMENT, THE RECEIVING PARTY SHALL RETURN TO
THE DISCLOSING PARTY OR, AT THE DISCLOSING PARTY'S REQUEST, DESTROY ALL
CONFIDENTIAL INFORMATION RECEIVED FROM THE DISCLOSING PARTY AND ALL COPIES AND
REPRODUCTIONS THEREOF.
NOTWITHSTANDING THE FOREGOING, (A) THE RECEIVING PARTY'S
LEGAL COUNSEL MAY RETAIN ONE COPY OF THE DISCLOSING PARTY'S CONFIDENTIAL
INFORMATION FOR ARCHIVAL
Portions of this Exhibit were omitted and have been filed