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SEC Filings

S-1/A
OREXIGEN THERAPEUTICS, INC. filed this Form S-1/A on 04/09/2007
Entire Document
 
 

  (b)   becomes publicly known without the wrongful act or breach of this AGREEMENT by the party;
 
  (c)   is rightfully received by the party from a THIRD PARTY on a non-confidential basis;
 
  (d)   is subsequently and independently developed by employees of the party who had no knowledge of the information, as verified by written records;
 
  (e)   is approved for release by prior written authorization of the party disclosing the information; or
 
  (f)   is disclosed pursuant to any judicial or government request, requirement or order, provided that the party so disclosing takes reasonable steps to provide the other party sufficient prior notice in order to contest such request, requirement or order and provided and provided that such disclosed confidential information otherwise remains subject to the obligations of confidentiality set forth in this Article 11.
  11.02   DANTE and OREXIGEN agree that any information to be treated as confidential information under this Article 11 must be disclosed in writing or other tangible medium and must be clearly marked “CONFIDENTIAL”. Confidential information disclosed orally must be summarized and reduced to writing or other tangible medium and communicated to the other party within thirty (30) days of such disclosure, and the other party agrees that such disclosed information shall be deemed confidential.
 
  11.03   Notwithstanding the foregoing, OREXIGEN shall have the right to use and disclose any confidential information related to the PATENT RIGHTS to investors, prospective investors, employees, consultants and agents with a need to know, collaborators, prospective collaborators and other THIRD PARTIES in the chain of manufacturing and distribution provided that OREXIGEN obtains from such parties written confidentiality agreements, the provisions of which are at least as restrictive and protective of DANTE’s confidential information as those provided in this Article 11.
 
  11.04   Notwithstanding anything to the contrary in this AGREEMENT, all information relating to filing, prosecution, maintenance, defense, infringement, and the like regarding the PATENT RIGHTS (no matter how disclosed) shall be considered the confidential information of DANTE and subject to the obligations of restricted use and non-disclosure set forth in this Article 11.
ARTICLE 12 – NOTICES
  12.01   It shall be a sufficient giving of any notice, request, report, statement, disclosure or other communication hereunder if the party giving the same shall
  (a)   hand deliver such communication; or

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