9. REPORTS ON PROGRESS, BENCHMARKS, SALES, AND PAYMENTS
9.9 All plans and reports required by this Article 9 and marked “confidential” by the Licensee shall, to the extent permitted by law, be treated by the IC as commercial and financial information obtained from a person and as privileged and confidential, and any proposed disclosure of these records by the IC under the Freedom of Information Act (FOIA), 5 U.S.C. §552 shall be subject to the predisclosure notification requirements of CFR §5.65(d).
14. GENERAL PROVISIONS
14.11 By entering into this Agreement, PHS does not directly or indirectly endorse any product or service provided, or to be provided, by the Licensee whether directly or indirectly related to this Agreement. The Licensee shall not state or imply that this Agreement is an endorsement by the Government, PHS, any other Government organizational unit, or any Government employee. Additionally, the Licensee shall not use the names of the NIH, FDA, PHS or HHS, or the Government or their employees in any advertising, promotional, or sales literature without the prior written approval of PHS.