Form Acta Cda - Accelerated Confidential Disclosure Agreement (For Purposes Of Obtaining Study Protocol) Page 2

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familiar with the Study would consider it to be confidential or proprietary from the context
or circumstances of disclosure shall be deemed as such.
Institution agrees, for a period of five (5) years from the effective date stated below, to use
reasonable efforts, no less than the protection given their own confidential information, to
use Confidential Information received from Sponsor in accordance with this Section.
Institution agrees to use Sponsor’s Confidential Information solely as allowed by this
Agreement. Institution agrees to make Sponsor’s Confidential Information available only to
those personnel who require access to it to evaluate the Purpose and to inform such
personnel of the confidential nature of such information and the obligation of
confidentiality to which they are bound
.
2)
The obligation of nondisclosure does not apply with respect to any of the
Confidential Information that:
a)
is or becomes public knowledge through no breach of this Agreement by
Institution;
b)
is disclosed to Institution by a third party entitled to disclose such
information without known obligation of confidentiality;
c)
is already known or is independently developed by Institution without use
of Sponsor´s Confidential Information as shown by Institution´s contemporaneous
written records;
d)
is released with the prior written consent the Sponsor.
3)
Institution may disclose Confidential Information to the extent that it is required to
be produced pursuant to a requirement of applicable law, IRB, government agency, an
order of a court of competent jurisdiction, or a facially valid administrative, Congressional,
or other subpoena, provided that Institution, subject to the requirement, order, or
subpoena, promptly notifies Sponsor.
To the extent allowed under applicable law, Sponsor may seek to limit the scope of such
disclosure and/or seek to obtain a protective order. Institution will disclose only the
minimum amount of Confidential Information necessary to comply with law, or court order
as advised by Institution’s legal counsel.
4)
No license or other right is created or granted hereby, except the specific right to
use the Confidential Information under the terms of this Agreement, nor shall any license
or other right with respect to the subject matter hereof be created or granted except by the
prior written agreement of the Parties duly signed by their authorized representatives.
5)
Upon Sponsor's written request, Institution agrees to return all Confidential
Information supplied to it by Sponsor pursuant to this Agreement except that Institution
ACTA CDA 3-17-2015

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