Common use of Confidentiality Obligations Clause in Contracts

Confidentiality Obligations. At all times during the Term and for a period of [***] following termination or expiration hereof in its entirety, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this Agreement, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information that:

Confidentiality Obligations. At all times during the Term and (i) for a period of [***] years following termination or expiration hereof of this Agreement in its entiretyentirety or (ii) such longer period as required by the [***] License Agreement or [***] Supply Agreement, each Party shall shall, and shall cause its officers, directors, employees employees, agents and agents sublicensees to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by of the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business business, or other information provided by or on behalf of one Party to the other Party in connection with this Agreement, whether prior to, on, or after the Effective Date, including any such information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures)Agreement, Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance)the Quality Assurance Agreement, information relating to the Licensed Compound or any product that contains the Licensed Product Compound (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any product that contains the Licensed ProductCompound, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Impax Know-How, as applicable) ), or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement (a) all Regulatory Documentation owned by AstraZeneca pursuant to Section 5.1.1 shall be deemed to be the Confidential Information of both Parties AstraZeneca, and both Parties AstraZeneca shall be deemed to be the disclosing Party and Impax shall be deemed to be the receiving Party with respect thereto, and (b) all Regulatory Documentation owned by Impax pursuant to Section 5.1.2 shall be deemed to be the Confidential Information of Impax, and Impax shall be deemed to be the disclosing Party and AstraZeneca shall be deemed to be the receiving Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 11.1 with respect to any Confidential Information shall not include any information that:

Confidentiality Obligations. At all times during the Term and for a period of [***] following termination or expiration hereof of this Agreement in its entirety, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this Agreement, whether prior to, on or after the Effective Date, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance)Agreement, information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization Exploitation of the Licensed Compound or any Licensed Product, any knowKnow-how How with respect thereto developed by or on behalf of the disclosing Party or its Affiliates or, in the case of Sanofi, its or their Sublicensees (including Licensee Sanofi Know-How and AstraZeneca Lexicon Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, Confidential Information constituting (i) Regulatory Documentation owned by Sanofi pursuant to Section 3.2 shall be deemed the Confidential Information of Sanofi (and Sanofi shall be deemed to the disclosing Party and Lexicon shall be deemed the receiving Party with respect thereto) and (ii) any Joint Know-How and the terms of this Agreement shall be deemed to be the Confidential Information of both Parties (and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto). Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 9.1 with respect to any Confidential Information shall not include any information that:

Confidentiality Obligations. At all times during the Term and for a period of [***] following the expiration or termination or expiration hereof of this Agreement in its entirety, or, with respect to Confidential Information of either Party comprising trade secrets of such Party that have been labeled by such disclosing Party or identified by such disclosing Party to the other Party as being the disclosing Party’s trade secrets, for so long as such Confidential Information is a trade secret of such Party, each Party shall shall, and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement or is reasonably necessary or useful for the performance of, or the exercise of such Party’s rights under, this Agreement. “Confidential Information” of a Party means any technical, business business, or other information provided by or on behalf of one such Party to the other Party in connection with this Agreement, [***] Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. whether prior to, on, or after the Effective Date, including information relating to (a) the terms and conditions of this Agreement Agreement, (subject to Section 6.2 b) the ARCUS Technology and the ARCUS Assigned IP, (Permitted Disclosures)c) any unpublished Patents, Section 6.4 (Public Announcementsd) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product Products (including the Regulatory DocumentationDocumentation generated pursuant to the Collaboration Program), (e) any Development of Gilead ARC Nucleases or Commercialization of the Licensed Compound or Products, and any Licensed Product, any know-how Information with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Gilead Dual Know-How and AstraZeneca Precision Know-How, as applicable), and (f) or information regarding the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, All Joint Collaboration Program Know-How and the terms and conditions of this Agreement shall be deemed to be the Confidential Information of both Parties Parties, and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Except with respect to the Precision Know-How contained in the chemistry, manufacturing and control (CMC) section of any Regulatory Documentation, all Information contained in the Regulatory Documentation and the Gilead Dual Know-How shall be deemed to be the Confidential Information of Gilead. All ARCUS IP, ARCUS Assigned IP and Precision Know-How shall be deemed to be the Confidential Information of Precision. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 7.1 with respect to any Confidential Information shall not include any information that:

Confidentiality Obligations. At all times during the Term and for a period of [***] following termination or expiration hereof in its entirety, each Party shall shall, and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technicalAgreement or is reasonably necessary or useful for the performance of such Party’s obligations, business or other information provided by or on behalf the exercise of one rights expressly granted to such Party to the other Party in connection with under, this Agreement, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms Parties acknowledge the practical difficulty of this Agreement policing the use of information in the unaided memory of the receiving Party or its Affiliates and its and their officers, directors, employees, and agents, and as such each Party agrees that the receiving Party shall not be liable for the use by any of its or its Affiliates’ officers, directors, employees, or agents of specific Confidential Information of the disclosing Party that is retained in the unaided memory of such officer, director, employee or agent; provided that (a) such officer, director, employee, or agent is not aware that such Confidential Information is the confidential information of disclosing Party at the time of such use; (b) the foregoing is not intended to grant, and shall not be deemed to be grant, the receiving Party, its Affiliates, or its officers, directors, employees, and agents (i) a right to disclose the disclosing Party’s Confidential Information, or (ii) a license under any Patents or other intellectual property right of the disclosing Party; and (c) such officer, director, employee, or agent has not intentionally memorized such Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect theretofor use outside this Agreement. Notwithstanding the foregoing, to the extent the receiving Party can demonstrate by documentation or other competent proof, the confidentiality and non-use obligations under this Section 6.1 9.2 with respect to any Confidential Information shall not include any information that:

Confidentiality Obligations. At all times during the Term and for a period of [***] ten (10) years following termination or expiration hereof in its entirety, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this Agreement, whether prior to, on or after the Effective Date, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance6.4), information relating to the any Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development Development, Manufacture or Commercialization of the any Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Licensed *** CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Know-How and AstraZeneca PhaseBio Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either such Party. Notwithstanding the foregoing, (a) the terms of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto and (b) any AstraZeneca Product Know-How and any AstraZeneca Product Improvement shall be deemed to be the Confidential Information of MedImmune, and Licensee shall be deemed to be the receiving Party and MedImmune shall be deemed to be the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information thatthat the receiving Party can demonstrate by competent evidence:

Confidentiality Obligations. At all times during the Term and for a period of [*** * *] years following termination or expiration hereof in its entirety, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this AgreementParty, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures)6.2.4, Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance7.6.9), information relating to the Licensed Compound Compound(s) or any Licensed Product Product(s) (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound ***Text Omitted and Filed Separately Confidential Treatment Requested Under 17 C.F.R. §§ 200.80(B)(4) and 230.406 Compounds or any Licensed ProductProduct(s), any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information that:

Confidentiality Obligations. At all times during the Term and for a period of [***] following termination or expiration hereof in its entiretyyears thereafter, each Party shall shall, and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement or is reasonably necessary or reasonably useful for the performance of, or the exercise of such Party’s rights under, this Agreement. “Confidential Information” means any technical, business business, or other information provided by or on behalf of one Party to the other Party in connection with the Option Agreement or this Agreement, whether prior to, on, or after the Effective Date, including any information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures)to, Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the any Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization commercialization of the any Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Xxxxxxx Know-How), as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoingforegoing or anything in Section 8.3.2 or Section 8.3.5 to the contrary, (a) all Regulatory Documentation owned by Forest pursuant to Section 3.2.1 shall be deemed to be the Confidential Information of Forest, and Forest shall be deemed to be the disclosing Party, and Xxxxxxx shall be deemed to be the receiving Party, with respect thereto, (b) Joint Know-How and the terms of this Agreement shall be deemed to be the Confidential Information of both Parties Parties, and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto, and (c) all information disclosed prior to the Effective Date by Xxxxxxx to Forest or any of its Affiliates pursuant to the Existing NDA, shall [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. be deemed the Confidential Information of Xxxxxxx. Notwithstanding the foregoing, the confidentiality Parties acknowledge the practical difficulty of policing the use of information in the unaided memory of the receiving Party or its Affiliates and non-its and their respective officers, directors, employees, and agents, and as such each Party agrees that the receiving Party shall not be liable for the use obligations under this Section 6.1 with respect to by any of its or its Affiliates’ officers, directors, employees, or agents of specific Confidential Information of the disclosing Party that is retained in the unaided memory of such officer, director, employee or agent; provided, however, that (x) such officer, director, employee, or agent is not aware that such Confidential Information is the confidential information of disclosing Party at the time of such use; (y) the foregoing is not intended to grant, and shall not include be deemed to grant, the receiving Party, its Affiliates, or its or their respective officers, directors, employees, and agents (i) a right to disclose the disclosing Party’s Confidential Information, or (ii) a license under any information that:Patents or other intellectual property right of the disclosing Party; and (z) such officer, director, employee, or agent has not intentionally memorized such Confidential Information for use outside this Agreement.

Confidentiality Obligations. At all times Each party agrees that (a) during the Term and for a period course of [***] following termination its performance of this Agreement it may learn or expiration hereof in its entirety, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose be exposed to a Third Party and not use, directly or indirectly, for any purpose, any certain of the other party's Confidential Information; (b) the Confidential Information furnished or otherwise made known to it, directly or indirectly, by of the other Partyshall remain the property of the other, except to the extent and that such disclosure or Confidential Information is made available on a limited use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party basis solely in connection with this Agreement; (c) it will advise its employees and independent contractors to whom the information is disclosed of their obligations under this Agreement; (d) it will not sell, including information relating disclose or otherwise make available any such Confidential Information, in whole or in part, to any third party other than its independent contractors under appropriate written confidentiality agreements without the terms prior written consent of the other party, or use Confidential Information for any purpose other than as expressly authorized by this Agreement; and (e) it will utilize the same degree of care it utilizes for its own Confidential Information, but in no case less than a reasonable degree of care, to prevent disclosure of such Confidential Information to any unauthorized person or entity. Upon termination of this Agreement all copies of Confidential Information shall be returned. The restrictions under this Section shall not apply to information which: (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcementsi) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound is or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization becomes publicly known through no wrongful act of the Licensed Compound party receiving the Confidential Information; or any Licensed Product(ii) becomes known to a party without confidential or proprietary restriction from a source other than the disclosing party-, any know-how with respect thereto or (iii) a party can show by written records was in its possession prior to disclosure by the other party; or (iv) was independently developed by it without use of or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement shall be deemed reference to be the Confidential Information of both Parties and both Parties shall be deemed the other party. In the event a party is legally compelled to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any disclose Confidential Information shall not include any information that:of the other party, it will be entitled to do so provided it gives the other party prompt notice and assists the other party, at the other party's expense, in obtaining a protective order.

Confidentiality Obligations. At all times during the Term and for a period of [***] following termination or expiration hereof of this Agreement in its entirety, but with respect to trade secrets, for so long as such constitutes and is protected under Applicable Law as a trade secret, each Party shall shall, and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by of the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technicalnon-public, business confidential, or other proprietary information provided by or on behalf of one Party (the “Disclosing Party”) to the other Party (the “Receiving Party”) in connection with this Agreement, whether in oral, written, electronic, or other form or media, whether prior to, on or after the Effective Date, whether or not such information is marked, designated, or otherwise identified as “confidential”, including any information that, due to the nature of its subject matter or circumstances surrounding its disclosure, would reasonably be understood to be confidential or proprietary. Information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance6.4), information relating to the any Licensed Compound or any Licensed Product (including the Regulatory Documentation), ) or any Development development or Commercialization commercialization of the any Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party shall be deemed the Confidential Information of such Party, as applicable. Notwithstanding the foregoing, the terms of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Receiving Party and the disclosing Disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include apply to any information that:

Confidentiality Obligations. At all times during the Term and for a period of [***] following termination or expiration hereof of this Agreement in its entirety, each Party shall shall, and shall cause its Affiliates and its and their respective officers, directors, employees and agents (collectively, Representatives of such Party) to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” Information means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this Agreement, on or after the Effective Date, including information relating to the terms of this Agreement (subject to Section 6.2 Clause 7.2 (Permitted Disclosures), Section 6.4 Clause 7.4 (Public Announcements) and Section 7.6.8 Clause 7.5 (Anti-Bribery and Anti- Corruption CompliancePublications)), information relating to the Licensed Compound or any Licensed Product (including the any clinical data and Regulatory Documentation), any Information relating to the Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto Product developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Nabriva Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. In addition, Confidential Information means any information of the disclosing Party that, as of the Effective Date, is considered “Confidential Information” under the Mutual Confidential Disclosure Agreement between Nabriva and Parent dated as of October 4, 2017 (the Prior CDA) and not subject to Section 4 of the Prior CDA. Notwithstanding the foregoing, Joint Know-How and the terms of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Clause 7.1 (Confidentiality Obligations), and Confidential Information Information, shall not include any information that:

Confidentiality Obligations. At all times during the Term and for a period of [***] years following termination or expiration hereof in its entirety, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purposepurpose other than for the purposes of performing its obligations or exercising its rights under this Agreement, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information Information provided by or on behalf of one Party (the “Disclosing Party”) to the other Party (the “Receiving Party”) in connection with this Agreement, whether prior to, on or after the Effective Date, including information Information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 7.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance)), information relating to the Licensed Compound or any Licensed Virus, Licensed Product, Derived Molecule, or Derived Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Virus, Licensed Product, Derived Molecule, or Derived Product, any know-how with respect thereto developed by or on behalf of the disclosing Disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. All Information disclosed by a Party to the other Party under that certain Mutual Confidentiality and Non-Disclosure Agreement between the Parties dated [***] shall be deemed Confidential Information of such Party and shall be subject to the terms of this Article 7. Notwithstanding the foregoing, the terms of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Receiving Party and the disclosing Disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use nonuse obligations under this Section 6.1 7.1 (Confidentiality Obligations) with respect to any Confidential Information shall not include any information that:

Confidentiality Obligations. At To the extent possible subject to Chapter 119, Florida Statutes, or any other applicable statutory requirements, the Department shall hold as confidential all times of Service Provider’s (and its Subcontractors) Confidential Information and the Service Provider (and its Subcontractors) shall hold as confidential all of the State’s Confidential Information. To the extent possible subject to Chapter 119, Florida Statutes, or other applicable statutory requirements, during the Term term of this Contract and for three years thereafter, the receiving party shall not, without the prior written consent of the furnishing party or as may be required by law, use, exploit, reveal or disclose to any person or entity any Confidential Information. The receiving party shall use prudence and care in the dissemination of Confidential Information of the furnishing party within the receiving party’s own organization to employees who need to know. The receiving party shall protect the Confidential Information of the furnishing party with the same degree of care as the receiving party employs for the protection of the receiving party’s own trade secrets and Confidential Information (but in no event shall such care be less than the level of care that is commercially reasonable). If either Party reasonably believes that the Confidential Information is subject to a period Chapter 119 request, then the Party receiving the request shall notify the other Party of [***] following termination or expiration hereof in the request prior to its entirety, each disclosure of the Confidential Information. The notified Party shall have the right to seek injunctive relief and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose any other relief provided by law. Subject to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by legal prohibitions against notifying the other Party, except to the extent such Parties agree that if a Party has knowledge (or is made aware of any credible allegations) of any unauthorized access to, disclosure or use is expressly permitted by the terms of a Party's Confidential Information in violation of this Agreement. “Confidential Information” means any technicalContract, business or other information provided by or on behalf of one such knowledgeable Party to will notify the other Party in connection accordance with Section 6.5 (“Security Breaches and Incidents”). The Service Provider agrees that the Service Provider, its employees, its Subcontractors and their employees, and all persons in the LSAG, shall comply with the security measures set forth in this Agreement, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product Contract (including the Regulatory DocumentationSecurity Plan) to protect SOF Production Data. Further, unless otherwise permitted in the Contract, no such person or entity shall be allowed to (i) save on a laptop, personal computer, a computer's internal drive or other storage device any SOF Production Data that is customarily considered to be sensitive or confidential in nature (e.g., social security number), (ii) remove any Development such sensitive or Commercialization Confidential Information from their secure work location, or (iii) except for the LSAG, access any SOF Production Data from outside of their secure work location. Any exceptions to this paragraph shall require the Department’s prior written consent. The Service Provider agrees that neither it nor its Subcontractors will authorize, condone, ratify or permit the sale of any SOF Production Data, regardless of whether the data is confidential, exempt or a public record under State of Florida law. The Service Provider acknowledges that all SOF Production Data is owned by the State of Florida, and any sale of any SOF Production Data by the Service Provider shall be grounds for Termination for Cause in accordance with subsection 7.1.1 (“Termination for Cause”) of the Licensed Compound or Contract. In addition, and without limiting any Licensed Product, any know-how with respect thereto developed by or on behalf other obligation of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or Service Provider under the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoingContract, the terms Parties and each Subcontractor will cooperate in good faith to protect the confidentiality of this Agreement shall be deemed any SOF Production Data that is customarily considered to be sensitive or confidential (e.g., social security numbers). This includes the Confidential Information adoption, when reasonable, of both Parties any best practices as accepted within the HR and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information that:Benefits Administration industry.

Confidentiality Obligations. At all times during the Term and for a period of [***] ten (10) years following termination or expiration hereof in its entiretyhereof, each Party shall shall, and shall cause its Affiliates and its and their respective officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party Party, and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other PartyParty (including, for clarity, before the A&R Date under the License Agreement or the Collaboration Agreement), except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this AgreementParty, including information relating to the terms of this Agreement (subject including, for clarity, the License Agreement and the Collaboration Agreement prior to Section 6.2 (Permitted Disclosuresthe A&R Date), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product Targeted AIM (including the Regulatory Documentationregulatory documentation, clinical data, and any other data and results), any Development or Commercialization of the Licensed Compound or any Licensed ProductTargeted AIM, any know-how with respect thereto Information developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-HowAffiliates, as applicable) or the scientific, regulatory or business affairs or other activities Specific terms in this Exhibit have been redacted because such terms are both not material and would likely cause competitive harm to the Company if publicly disclosed. These redacted terms have been marked in this Exhibit with three asterisks [***]. of either Party. Notwithstanding the foregoing, the terms Parties acknowledge the practical difficulty of policing the use of information in the unaided memory of the receiving Party or its officers, directors, employees, and agents, and as such each Party agrees that the receiving Party shall not be liable for the use by any of its officers, directors, employees, or agents of specific Confidential Information of the disclosing Party that is retained in the unaided memory of such officer, director, employee or agent; provided that (a) such officer, director, employee, or agent is not aware that such Confidential Information is the confidential information of disclosing Party at the time of such use; (b) the foregoing is not intended to grant, and shall not be deemed to grant, the receiving Party, its Affiliates, or its officers, directors, employees, and agents (i) a right to disclose the disclosing Party’s Confidential Information, or (ii) a license under any Patents or other intellectual property right of the disclosing Party; and (c) such officer, director, employee, or agent has not intentionally memorized such Confidential Information for use outside this Agreement Agreement. During the Term and thereafter the AbbVie Know-How shall be deemed to be the Confidential Information of both Parties Reata, unless and both Parties shall be deemed to be the receiving Party until this Agreement is terminated and the disclosing Party applicable AbbVie Know-How is not assigned to Reata in accordance with respect theretoSection 3.1(c) or Section 3.1(d), as applicable prior to such termination. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 9.1 with respect to any Confidential Information shall not include any information portion of such Confidential Information that:

Confidentiality Obligations. At all times during The Parties recognize that the Term Confidential Information of one another constitutes valuable confidential and for a period proprietary information. Accordingly, the Parties agree on behalf of [***] following termination or expiration hereof in its entirety, each Party shall themselves and shall cause its their respective officers, directors, employees and agents to, keep confidential that they shall hold in confidence all Confidential Information of the other party (including the existence of this Agreement and the terms hereof) and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, use the same for any purpose, purpose other than as set forth in this Agreement nor disclose the same to any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, person except to the extent that it is necessary for a Party to enforce its rights under this Agreement or if required by law or any governmental authority at the discretion of a Party (including, without limitation, the Securities and Exchange Commission and any stock exchange or quotation system upon which a Party’s shares or other equity securities may be traded); provided, however, if a Party shall be required by law to disclose any such Confidential Information to any other person, such Party shall give prompt written notice thereof to the other Party and shall minimize such disclosure to the amount required. The Parties acknowledge that violation of this Section 13.1 could cause the other Party irreparable harm and as such each Party agrees and acknowledges that remedies at law for any breach of its obligations under this Section 11.1 are inadequate and that in addition thereto the other party shall be entitled to seek equitable relief, including injunction and specific performance, in the event of any such breach, without the necessity of demonstrating the inadequacy of monetary damages. Processes, data, and other information provided, created, or use is expressly permitted discovered prior to or during the Term relating to the Wafers and/or the Process(es) or methods for the manufacture of the Wafers whether provided, created, or discovered solely by WJ or AMPTECH or jointly by the terms parties shall, for purposes of this Agreement, be deemed Confidential Information solely owned by WJ and furnished by WJ to AMPTECH hereunder, and AMPTECH further agrees that such specific Confidential Information shall be accessible on a “need to know” basis only to those AMPTECH employees working on the manufacture of the Wafers. AMPTECH warrants and represents to WJ that no Confidential Information of WJ will be disclosed to any director of AMPTECH who is a commercial competitor of WJ,, the director’s employee, officer, agent, or any of its affiliates or subsidiaries. The board members of AMPTECH agree to be bound by the confidentiality provisions of this Agreement. “Confidential Information” means Any AMPTECH board member who is a competitor of WJ agrees to recuse themselves from any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this Agreement, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement shall be deemed to be the meeting where Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party is discussed as long as it is not in conflict with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information that:their fiduciary responsibility as a board member.

Confidentiality Obligations. At Each party agrees to regard and preserve as confidential all times during information related to the Term rights and for a period obligations of [***] following termination or expiration hereof in its entirety, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to party under this Agreement and the extent such disclosure or use is expressly permitted by the terms business and activities of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection party, their clients, licensors, suppliers and other entities with whom such other party does business, which may be obtained by such party from any source or may be developed or disclosed as a result of this Agreement, including information relating to the economic and financial terms of and conditions contained in or otherwise referenced by this Agreement (subject the “Confidential Information”). Each party agrees to Section 6.2 use the Confidential Information of the other party hereto solely to perform its obligations under this Agreement and not for any other purpose (Permitted Disclosureswhether for its own benefit or the benefit of any other party), Section 6.4 agrees to hold the Confidential Information of the other party hereto in trust and confidence and agrees not disclose Confidential Information of the other party hereto to any person, firm or enterprise. Each party agrees to protect the Confidential Information of the other party hereto with at least the same security measures (Public Announcementsbut no less than commercially reasonable security measures) that such party uses to protect its own Confidential Information or trade secrets. Even when disclosure is permitted, each party agrees to limit access to and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating disclosure of each other party’s Confidential Information solely to its employees on a “need to know” basis for purposes directly related to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization performance of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Partyparty’s obligations hereunder. Notwithstanding the foregoing, each party may disclose the terms of this Agreement shall be deemed to be the other party’s Confidential Information pursuant to applicable law or regulation or compulsion of both Parties proper judicial or other legal process including, without limitation, to satisfy a party’s public disclosure requirements under state and both Parties shall be deemed federal securities laws; provided, however, that, if legally permitted to be the receiving Party and do so, the disclosing Party with respect thereto. Notwithstanding party shall provide prompt notice of the foregoingsame prior to such required disclosure such that the other applicable party may seek a protective order or other appropriate remedy to safeguard, restrict and/or limit the confidentiality and non-use obligations under this Section 6.1 with respect to any disclosure of such Confidential Information shall not include any information that:Information.

Confidentiality Obligations. At all times during the Term and for a period of [***] five (5) years following termination or expiration hereof in its entirety, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purposepurpose other than for the purposes of performing its obligations or exercising its rights under this Agreement, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any and all proprietary, technical, business or other confidential information provided by or on behalf of one Party (the “Disclosing Party”) to the other Party (the “Receiving Party”) in connection with this Agreement, whether prior to, on or after the Effective Date, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 9.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance)), information relating to the any Licensed Compound or any Licensed Product, including without limitation the AUM Product Know-How, the AUM Patents (including if not published), the AUM Regulatory Documentation), Regulatory Documentation and information relating to the AI Platform, any Development or Commercialization of the any Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Receiving Party and the disclosing Disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 9.1 (Confidentiality Obligations) with respect to any Confidential Information shall not include any information that:: EXECUTION COPY

Confidentiality Obligations. At all times Except to the extent expressly authorized by this Agreement or otherwise agreed in writing by the Parties, during the Term and for a period of [****] years following termination or expiration hereof of this Agreement in its entirety, each Party shall (“Recipient”) shall, and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, purpose any and all Confidential Information furnished that is disclosed or otherwise made known available to it, directly or indirectly, Recipient by the other PartyParty or its Affiliates (“Discloser”) in connection with the Product or the Collaboration activities and other discussions hereunder, except whether prior to or during the extent such disclosure Term and whether orally or use is expressly permitted by in writing, electronic or other form. Notwithstanding the terms foregoing, [****]. For purposes of this Agreement. , “Confidential Information” means any technical, business all confidential or other proprietary information provided by of Party or on behalf of one Party its Affiliates that is disclosed to the other Party under or in connection with this Agreement, including information relating which may include specifications, know-how, trade secrets, technical information, models, business information, inventions, discoveries, methods, procedures, formulae, protocols, techniques, data, and unpublished patent applications, in each case, whether disclosed in oral, written, graphic, or electronic form; provided that, notwithstanding anything to the terms of this Agreement contrary herein, (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcementsa) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Alnylam Know-How and AstraZeneca (other than Joint Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement shall be deemed to be the Confidential Information of Alnylam hereunder, (b) Roche Know-How (other than Joint Know-How) shall be deemed to be Confidential Information of Roche, and (c) Joint Know-How shall be deemed to be Confidential Information of both Parties and both Parties hereunder; provided, further, that all information disclosed pursuant to the Existing Confidentiality Agreement (x) by Alnylam, shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information of Alnylam hereunder and (y) by Roche, shall not include any information that:be deemed to be Confidential Information of Roche.

Confidentiality Obligations. At all times during the Term and for a period of [***] following termination or expiration hereof in its entirety, each Party (the “Receiving Party”) shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party (the “Disclosing Party”), except to the extent such disclosure or use is (a) expressly permitted by the terms of this Agreement or (b) reasonably necessary to exercise its rights or perform its obligations under this Agreement, in which case the Receiving Party may disclose Confidential Information of the Disclosing Party to its employees, Affiliates, sublicensees, and subcontractors, consultants, or agents who have a need to know such Confidential Information in order to exercise the Receiving Party’s rights or perform the Receiving Party’s obligations under this Agreement, all of whom will be similarly bound by confidentiality, non-disclosure, and non-use provisions at least as restrictive or protective of the Parties as those set forth in this Agreement. The Receiving Party will use diligent efforts to cause the foregoing Persons to comply with the restrictions on use and disclosure set forth in this Section 8.1 (Confidentiality Obligations), and will be responsible for ensuring that such Persons maintain the Disclosing Party’s Confidential Information in accordance with this ARTICLE 8 (Confidentiality; Press Release). Each Party will promptly notify the other Party of any unauthorized use or disclosure of the other Party’s Confidential Information. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party or its Affiliates in connection with this Agreement, whether prior to, on or after the Effective Date, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance)Agreement, information relating to the Licensed Compound or any Licensed Product (including the Regulatory DocumentationDossiers or Dossier Information and royalty reports), any Development or Commercialization of the Licensed Compound or any Licensed Product, any knowKnow-how How with respect thereto developed by or on behalf of the disclosing Disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-Howor, as applicable) in the case of Licensee, its or their sublicensees or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement shall be deemed to be the Confidential Information of both Parties (and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information that:).

Confidentiality Obligations. At all times during the Term and for a period of [***] following termination or expiration hereof in its entirety, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party or its Affiliates in connection with this Agreement, whether prior to, on or after the Effective Date, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance7.4), information relating to the any Licensed Compound or any Licensed Product (including the Regulatory Documentation)Product, any Development or Commercialization of the any Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates or, in the case of AstraZeneca, its or their Sublicensees (including Licensee AstraZeneca Know-How and AstraZeneca Licensed Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, Confidential Information constituting (i) the Licensed Know-How shall be deemed the Confidential Information of AstraZeneca and Licensor (and AstraZeneca and Licensor shall each be deemed to the disclosing Party and the receiving Party with respect thereto); and (ii) the terms of this Agreement shall be deemed to be the Confidential Information of both Parties (and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto). Notwithstanding the foregoing, the Confidential Treatment Requested by F-star Therapeutics, Inc. Pursuant to 17 C.F.R. Section 200.83 CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM IF PUBLICLY DISCLOSED. [***] INDICATES THAT INFORMATION HAS BEEN REDACTED. confidentiality and non-use obligations under this Section 6.1 7.1 with respect to any Confidential Information shall not include any information that:

Confidentiality Obligations. At all times during During the Term and for a period of [***] following termination or expiration hereof in its entiretyseven (7) years thereafter, each either Party shall keep all Confidential Information received from or on behalf of the other Party with the same degree of care with which it maintains the confidentiality of its own Confidential Information, but in all cases no less than a reasonable degree of care. Neither Party shall use such Confidential Information for any purpose other than as permitted by, or in connection with, the exercise of rights or performance of obligations under this Agreement or disclose the same to any other person other than to such of its and shall cause its Affiliates’ directors, officers, managers, employees, independent contractors (e.g., contract research organization (CRO), site management organization (SMO), and investigational sites), agents, consultants or, solely with respect to Ocumension, its Sublicensees and subcontractors, who have a need to know such Confidential Information to implement the terms of this Agreement or in connection with the exercise of rights or performance of obligations under this Agreement; provided, however, that a Receiving Party shall advise any of its and its Affiliates’ directors, employees officers, managers, employees, independent contractors (e.g., CRO, SMO, and agents toinvestigational sites), keep agents, consultants or, solely with respect to Ocumension, its Sublicensees and subcontractors, who receive such Confidential Information of the confidential nature thereof and not publish or otherwise disclose to of the obligations contained in this Agreement relating thereto, and the Receiving Party shall ensure (including, in the case of a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectlyParty, by means of a written agreement with such Third Party having terms at least as protective as those contained in this ARTICLE 12) that all such directors, officers, managers, employees, independent contractors (e.g., CRO, SMO, and investigational sites), agents, consultants or, solely with respect to Ocumension its Sublicensees and subcontractors, comply with such obligations. Receiving Party shall inform the other Party, except to Disclosing Party immediately if it becomes aware of the extent such unauthorized disclosure or use of any of the Confidential Information of the Disclosing Party to an unauthorised person, and shall provide any assistance in relation to any such unauthorised disclosure that the Disclosing Party may require. Upon termination of this Agreement, the Receiving Party shall return or destroy all documents, tapes or other media (including cloud-based storage systems) containing Confidential Information of the Disclosing Party that remain in the possession of the Receiving Party or its directors, officers, managers, employees, independent contractors (e.g., CRO, SMO, and investigational sites), agents, consultants or, solely with respect to Ocumension, its Sublicensees, except that the Receiving Party may keep one copy of the Confidential Information in the legal department files of the Receiving Party, solely for archival purposes. Such archival copy shall be deemed to be the property of the Disclosing Party and shall continue to be subject to the provisions of this ARTICLE 12. It is expressly permitted by understood that receipt of Confidential Information under this Agreement will not limit the Receiving Party from assigning its employees to any particular job or task in any way it may choose, so long as such recipient shall have agreed in writing to maintain the confidentiality of Confidential Information in accordance with the terms of this Agreement. “The Receiving Party shall remain responsible for any failure by any such Person to treat such Confidential Information” means Information as required by this Agreement. If the Receiving Party is required to disclose Confidential Information in response to a court order or subpoena or to comply with Applicable Law or the rules or regulations of a regulatory agency, governmental agency or securities listing organization in any technicalcountry, business or other information provided by or on behalf the Receiving Party shall 38 provide prior notice of one such intended disclosure to the Disclosing Party in sufficient time to enable the Disclosing Party to the other Party in connection with this Agreement, including information relating reasonably object or seek a limitation as to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization scope of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information that:disclosure.

Confidentiality Obligations. At Each Party agrees to regard and preserve as confidential all times during information related to the Term rights and for a period obligations of [***] following termination or expiration hereof in its entirety, each the other Party shall under this Agreement and shall cause its officers, directors, employees the business and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by activities of the other Party, except to the extent their clients, licensors, suppliers and other entities with whom such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with does business, which may be obtained by such Party from any source or may be developed or disclosed as a result of this Agreement, including information relating to the economic and financial terms of and conditions contained in or otherwise referenced by this Agreement (subject the “Confidential Information”). Each Party agrees to Section 6.2 use the Confidential Information of the other Party hereto solely to perform its obligations under this Agreement and not for any other purpose (Permitted Disclosureswhether for its own benefit or the benefit of any other Party), Section 6.4 agrees to hold the Confidential Information of the other Party hereto in trust and confidence and agrees not disclose Confidential Information of the other Party hereto to any person, firm or enterprise. Each Party agrees to protect the Confidential Information of the other Party hereto with at least the same security measures (Public Announcementsbut no less than commercially reasonable security measures) that such Party uses to protect its own Confidential Information or trade secrets. Even when disclosure is permitted, each Party agrees to limit access to and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating disclosure of each other Party’s Confidential Information solely to its employees on a “need to know” basis for purposes directly related to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization performance of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party’s obligations hereunder. Notwithstanding the foregoing, each Party may disclose the terms of this Agreement shall be deemed to be the other Party’s Confidential Information pursuant to applicable law or regulation or compulsion of both Parties proper judicial or other legal process including, without limitation, to satisfy a Party’s public disclosure requirements under state and both Parties shall be deemed federal securities laws; provided, however, that, if legally permitted to be the receiving Party and do so, the disclosing Party with respect thereto. Notwithstanding shall provide prompt notice of the foregoingsame prior to such required disclosure such that the other applicable Party may seek a protective order or other appropriate remedy to safeguard, restrict and/or limit the confidentiality and non-use obligations under this Section 6.1 with respect to any disclosure of such Confidential Information shall not include any information that:Information.

Confidentiality Obligations. At Each Party acknowledges that any and all times during the Term and for nonpublic information regarding a period of [***] following termination or expiration hereof in its entirety, each Party’s business disclosed by a Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other (“Disclosing Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party ”) to the other Party in connection with this Agreement(“Receiving Party”), including that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information relating to or the circumstances of disclosure, including, without limitation, trade secrets, client lists, business plans, financial information, Second Street’s security information and reports, and each Party’s respective business and marketing plans, technology and technical information, product designs, business processes, the terms of this Agreement (including pricing) and marketing data, is confidential and proprietary information (“Confidential Information”). Each Party will take reasonable steps, using at least the level of care it takes to protect its own proprietary information, but in no event less than a reasonable standard of care, during the Term and for two (2) years thereafter or the longest period allowed by applicable state law with respect or trade secrets, to prevent the duplication or disclosure or use, for any purpose outside the scope of this Agreement, of any Confidential Information of the other Party, other than by or to its Affiliates, employees or agents (i) who must have access to the Confidential Information to perform the Party’s obligations hereunder (ii) who are informed by the Receiving Party of the confidential nature of the Confidential Information; and (iii) who are subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating confidentiality duties or obligations to the Licensed Compound or any Licensed Product (including Receiving Party that are no less restrictive than the Regulatory Documentation), any Development or Commercialization terms and conditions of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Partythis Agreement. Notwithstanding the foregoing, information will not be deemed Confidential Information if such information: (a) is furnished to the terms Receiving Party by a source other than one having an obligation of confidentiality to the Disclosing Party; (b) becomes publicly known, without breach of any obligation to the Disclosing Party; or (c) was independently developed by the Receiving Party without use of, or reference to, the Disclosing Party’s Confidential Information, as demonstrated by written records. Notwithstanding anything to the contrary in this Agreement, it will not be a breach of this Agreement to disclose Confidential Information of the other Party pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that the Receiving Party shall be deemed provide prompt notice thereof to be the other Party to afford the other Party adequate time to seek a protective order. All Confidential Information furnished under this Agreement will remain the property of the Party furnishing the Confidential Information and will, to the extent it has been retained in a party’s system, be returned to the other party promptly upon request during the Term or within three (3) months after the termination of both any Subscription. In the event that the Parties have signed a separate confidentiality agreement, such agreement will continue in force and both Parties shall be deemed to be the receiving Party and the disclosing Party effect in accordance with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information that:its terms.

Confidentiality Obligations. At all times during the Term and for a period of [***] ten (10) years following termination or expiration hereof in its entirety, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this AgreementAgreement (except that the obligations will survive thereafter with respect to any Confidential Information that constitutes a trade secret under Applicable Law). “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this Agreement, whether prior to, on or after the Effective Date, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance7.4), information relating to the any Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development Development, Manufacture or Commercialization of the any Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Licensed Know-How and AstraZeneca or Licensee Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either such Party. Notwithstanding the foregoing, (a) the terms of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto and (b) any AstraZeneca Product Know-How and any AstraZeneca Product Improvement shall be deemed to be the Confidential Information of Licensor (as between the Parties), and Licensee shall be deemed to be the receiving Party and Licensor shall be deemed to be the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 7.1 with respect to any Confidential Information shall not include any information thatthat the receiving Party can demonstrate by competent evidence:

Confidentiality Obligations. At all times during the Term and for a period of [***] following termination or expiration hereof in its entiretyof this Agreement, each Party shall shall, and shall cause its Affiliates and, in the case of Licensee as the Receiving Party its Sublicensees, and with respect to both Parties their respective officers, directors, employees and agents (collectively “Representatives”) to, keep completely confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement or such use is reasonably necessary for the performance of its obligations or the exercise of its rights under this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party or its Affiliates (the “Disclosing Party”) to the other Party or its Affiliates (the “Receiving Party”) under or in connection with this Agreement, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), or any information relating to the Licensed Compound or any Licensed Product Products (including the Regulatory DocumentationDocumentation and Market Approvals and any information or data contained therein), any Development or Commercialization information relating to any Exploitation of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of Products in the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) Territory or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding Representatives of a Receiving Party, and in the foregoingcase of Licensee as the Receiving Party its Sublicensees, to whom information is disclosed shall (i) be subject to the terms obligations of confidentiality and non-disclosure under this Agreement shall Agreement, (ii) be deemed to be informed of the confidential nature of the Confidential Information of both Parties so disclosed, and both Parties shall be deemed (iii) agree to be hold such Confidential Information in confidence subject to the receiving Party and the disclosing Party with respect theretoterms hereof. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information that:

Confidentiality Obligations. At all times during the Term and for a period of [***] following termination or expiration hereof in its entirety, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this Agreement, whether prior to, on or after the Effective Date, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance)Agreement, information relating to the Licensed Collaboration Compound or any Licensed Product (including the Regulatory Documentation)Collaboration Product, any Development or Commercialization of the Licensed Collaboration Compound or any Licensed Collaboration Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates or, in the case of Sanofi, its or their Sublicensees (including Licensee Sanofi Know-How and AstraZeneca DiCE Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, Joint Know-How and the terms of this Agreement shall be deemed to be the Confidential Information of both Parties (and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto). Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 9.1 with respect to any Confidential Information shall not include any information that:

Confidentiality Obligations. At all times during the Term and for a period of [****] following termination or expiration hereof of this Agreement in its entirety, each Party shall shall, and shall cause its Affiliates and each of its and their respective officers, directors, employees and agents (collectively, “Representatives”) to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by of the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technicaland all Information provided orally, business visually, in writing or other information form that is disclosed or otherwise provided by or on behalf of one (1) Party to the other Party in connection with this Agreement, that certain Confidentiality Agreement entered into by the Parties, dated [****], as amended (the “Confidentiality Agreement”) or that certain Exclusive Option Agreement entered into by the Parties, dated October 31, 2023, as amended (“Option Agreement”), in each case, whether prior to, on or after the Effective Date, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Complianceboth of the foregoing agreements), information relating to the any Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization Exploitation of the any Licensed Compound or any Licensed Product, any know-how Information with respect thereto developed by or on behalf of the disclosing Party or its Affiliates or its or their respective (sub)licensees/Sublicensees (including Licensee Know-How and AstraZeneca Licensor Know-How, as applicable) or and the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, (a) (i) Confidential Information contained in Regulatory Documentation and (ii) Confidential Information constituting Joint Know-How and any other Information developed, owned or Controlled by Licensor or any of its Affiliates (including Licensor Know-How) primarily relating to any Licensed Compound or any Licensed Product or any Improvement thereto or the Exploitation of any of the foregoing in the Field ((i) and (ii) collectively, “Product Information”) shall be deemed the Confidential Information of AbbVie (and AbbVie shall be deemed the disclosing Party and Licensor shall be deemed the receiving Party with respect thereto) until termination (but not expiration) of this Agreement and (b) any other Joint Know-How and the terms of this Agreement shall be deemed to be the Confidential Information of both Parties (and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information that:).

Confidentiality Obligations. At all times during the Term term and for a period of [*] ([**] ]) years following termination or expiration hereof in its entiretyhereof, each Party shall shall, and shall cause its Affiliates and Sublicensees and its and their respective officers, directors, employees and agents to, keep completely confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement or is reasonably necessary for the performance of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this AgreementParty, including information relating to whether before or after the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures)Amendment Effective Date, Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Delivery Technology, Rifaximin, the Licensed Product (including the any Regulatory DocumentationDocumentation and Regulatory Authorizations and any information or data contained therein), any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) Product or the scientific, regulatory or business affairs or other activities of either PartyParty and specifically includes the terms of this Agreement. Notwithstanding the foregoing, (a) all Regulatory Documentation transferred by Lupin to Salix shall be deemed to be the terms Confidential Information of this Agreement Salix, and Salix shall be deemed to be the disclosing Party and Lupin shall be deemed to be the receiving Party with respect thereto, and (b) Joint Know-How shall be deemed to be the Confidential Information of both Parties Parties, and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information that:

Confidentiality Obligations. At all times during Each Party agrees that, for the Term and for a period of [***] following termination or expiration hereof in its entiretyyears thereafter, each such Party shall shall, and shall cause ensure that its officers, directors, employees and agents toand Sublicensees shall, keep completely confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, use for any purpose, purpose except as expressly permitted hereunder any Confidential Information furnished or otherwise made known disclosed to it, directly or indirectly, it by the other Party, except Party pursuant to the extent such disclosure or use is expressly permitted by the terms of this Agreement. In addition, any information disclosed by one Party to the other that is deemed “Confidential Information” means any of such disclosing Party under that certain two (2)-way Confidentiality Agreement by and between the Parties dated [***] shall be deemed the Confidential Information of such disclosing Party hereunder. Any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this Agreement, including information relating to the terms Astellas Combination Product and that does not also specifically relate to Xork or the Xork Product shall be deemed Astellas’ “Confidential Information”. For clarification, (a) any Information regarding Pompe subjects (i.e., biomarker data, any functional/clinical data) as it relates to the application of this Agreement the Astellas Product, and any clinical data generated under the Astellas Development Plan, would be deemed Astellas Confidential Information, and (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcementsb) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information any Information relating to the Licensed Compound or any Licensed Product use of Xork (including the Regulatory Documentation)i.e., any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicablechange in IgG levels) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement shall will be deemed to be the Selecta Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect theretoInformation. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any “Confidential Information Information” shall not include any information thatdisclosed by a Party hereunder to the extent that the receiving Party can demonstrate that such information:

Confidentiality Obligations. At all times during Each of Seller, on the Term one hand, and for a period of [***] following termination or expiration hereof in its entiretyPurchaser, each Party shall on the other hand, shall, and shall cause its officers, directors, employees their respective affiliates and agents Representatives to, keep completely confidential and not publish publish, disclose or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this AgreementAgreement (including pursuant to Section 7.2). “Confidential Information” means the terms of this Agreement and any technical, business or other information provided by or on behalf of Seller, on the one Party hand, or Purchaser, on the other hand (in such capacity, a “Disclosing Party”) to the other Party (or to any of the other’s affiliates or Representatives) (collectively, in such capacity, a “Receiving Party”) on or after the Effective Date in connection with this Agreement, including information relating and shall include all memoranda, notes, analyses, compilations, studies and other materials prepared by or for the Receiving Party to the terms extent containing or reflecting such information. For purposes of this Agreement (subject to Section 6.2 (Permitted Disclosures)Agreement, Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement Purchaser Manufacturing Technology shall be deemed to be the Confidential Information of both Parties Purchaser (and both Parties Purchaser shall be deemed to be the receiving Disclosing Party and Seller shall be deemed the disclosing Receiving Party with respect theretoof all Purchaser Manufacturing Technology regardless of which Party generated, furnished or otherwise disclosed the Purchaser Manufacturing Technology) and Seller Manufacturing Technology shall be deemed Confidential Information of Seller (and Seller shall be deemed the Disclosing Party and Purchaser shall be deemed the Receiving Party of all Seller Manufacturing Technology). Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information thatthat the Receiving Party can establish by written documentation to:

Confidentiality Obligations. At all times Confidential Information means a party’s proprietary or confidential information designated in writing as such or that by nature of the circumstances surrounding the disclosure sought in good faith be treated as proprietary or confidential, including the Services and any trade secrets contained therein. Each party agrees (a) that during the Term and for a period course of [***] following termination its performance of its Agreement it may have access to or expiration hereof in its entirety, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any be provided with Confidential Information furnished or otherwise made known to it, directly or indirectly, by of the other Party, except to party; (b) that the extent such disclosure or use is expressly permitted by the terms Confidential Information of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party shall remain the property of the other, that such Confidential Information is made available on a limited use basis solely in connection with this Agreement, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement that such Confidential Information shall be deemed disclosed only to be authorized employees and agents; (c) that it will advise its employees to whom the Confidential Information information is disclosed of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use their obligations under this agreement (d) that it will not sell, disclose or otherwise make available any such Confidential Information, in whole or in part, to any third party without the prior written consent of the other party; (e) that it will not use such Confidential Information except pursuant to this Agreement; and (f) that it will use the same degree of care it uses for its own confidential information, but in no case less than a reasonable degree of care, to prevent disclosure of such Confidential Information to any unauthorized person. Upon termination of this Agreement, all copies of Confidential Information shall be returned to the owner thereof. The restrictions under this Section 6.1 with respect shall not apply to information that: (i) is or becomes publicly known through no wrongful act of the party receiving the Confidential Information; or (ii) becomes known to a party without confidential or proprietary restriction from a source other than the disclosing party; or (iii) a party can show by written records was in its possession prior to disclosure by the other party. If a party is legally compelled to disclose any Confidential Information shall not include any information that:it will be entitled to do so provided it gives the other party prompt notice.

Confidentiality Obligations. At all times during the Term and for a period of [***] following termination or expiration hereof in its entirety, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any (a) All Confidential Information furnished shall remain the property of the furnishing Party. The furnishing Party grants the receiving Party or otherwise made known Parties the right to ituse such Confidential Information only as follows. Such Confidential Information (i) shall not be reproduced or copied, directly in whole or indirectly, by the other Partypart, except to the extent such disclosure for use as expressly authorized in this Agreement; (ii) shall, together with any full or use is expressly permitted by the terms partial copies thereof, be returned or destroyed when no longer needed or upon any termination of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf ; and (iii) shall only be disclosed to employees of one Party to the other Party in connection with this Agreement, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party or Parties who have a need to know (and such Party or Parties shall advise such employees of the disclosing obligations assumed herein and shall ensure their compliance herewith). Moreover, such Confidential Information shall be used by the receiving Party with respect thereto. Notwithstanding or Parties only for the foregoing, the confidentiality and non-use obligations purpose of performing under this Section 6.1 with respect Agreement. Unless the furnishing Party consents in writing, such Confidential Information shall be held in confidence by the receiving Party or Parties. These restrictions shall not apply to any Confidential Information shall not include any information that:(i) which can be proven to be or have been independently developed by the receiving Party or Parties or lawfully received free of restriction from another source having the right to so furnish such Confidential Information; (ii) after it has become generally available to the public without breach of this Agreement by the receiving Party or Parties or its/their Affiliates; (iii) which at the time of disclosure to the receiving Party or Parties was known to such Party or Parties free of restriction and evidenced by documentation in such Party's or Parties' possession; or (iv) which the disclosing Party agrees in writing is free of such restrictions.

Confidentiality Obligations. At all times during Each of Flightlease and FedEx agrees to keep the Term economic terms of this Agreement confidential and for not to disclose, transfer, use or otherwise make available such information to any third party without the prior written consent of the other Party. Each of Flightlease and FedEx agrees to exercise care that is at least equal to the care it uses to protect the confidentiality of its own confidential and proprietary information of similar importance to prevent the disclosure to outside parties or unauthorized use of such information. Notwithstanding the above, Flightlease and FedEx (including the corporations of which each is a period of [***] following termination direct or expiration hereof in its entirety, each Party shall and shall cause its indirect wholly-owned subsidiary) may disclose confidential information to their respective officers, directors, employees and/or tax, legal and agents other professional advisors (specifically including financial advisors) and institutions providing finance to either Flightlease or FedEx, each of whom is informed of the confidential nature of the information and of the restrictions on disclosure and use of the information as set forth herein and may disclose confidential information as required by law (including, but not limited to, keep confidential and not publish or otherwise disclose pursuant to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, request by the other Internal Revenue Service or a federal, state or cantonal taxing authority for information or as may be required to enforce a Party, except to 's rights under this Agreement in a court of law). In the extent such disclosure event of a breach of or use is expressly permitted by a default under the terms of this Section 15.01, the non-breaching Party shall be entitled to pursue and seek all legal and equitable remedies available to it, including the equitable remedies of specific performance and injunction, which remedies shall not be deemed exclusive, but shall be cumulative. If either of the Parties desire to make a press release, information release or otherwise provide information to any third party for release to the news media with respect to the transactions contemplated by this Agreement. “Confidential Information” means any technical, business subject to its obligations under applicable securities laws, the Party desiring to make the release or other provide the information provided by shall provide the text of such release or on behalf of one Party information to the other Party for its review at least five (5) Business Days in connection with this Agreementadvance of the proposed distribution of the release or information. Subject to legal requirements and other legally compelled disclosures, including each Party shall obtain the prior written consent of the other Party to release of any such news or press release or information relating and the text of any written or oral statement or any release of information to be provided to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) news media and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization timing of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf distribution of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information that:such information.

Confidentiality Obligations. At all times during the Term term of this Provisional Collaboration and License Agreement and for a period of [***] following termination or earlier expiration hereof in its entiretyof this Provisional Collaboration and License Agreement, each Party shall shall, and shall cause its affiliates and its and their respective officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party third party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Provisional Collaboration and License Agreement and is reasonably necessary for the performance of such Party’s obligations, or the exercise of rights expressly granted to such Party under, this Provisional Collaboration and License Agreement. As used herein, “Confidential Information” means any technicalproprietary information or data provided orally, business visually, in writing or other information provided form by or on behalf of one (1) Party (or an affiliate or representative of such Party or such Party’s affiliate) to the other Party (or to an affiliate or representative of such Party or such Party’s affiliate) in connection with this Provisional Collaboration and License Agreement, including information relating to whether prior to, on, or after the terms Execution Date. The terms, but not the mere existence, of this Provisional Collaboration and License Agreement will also be considered Confidential Information for which each Party is a receiving Party for purposes of this Section 5.4 (subject to Section 6.2 (Permitted DisclosuresConfidentiality and Non-Disclosure), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement shall information will not be deemed to be the Confidential Information of both Parties and both Parties shall be deemed that is subject to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information that5.4.1 (Confidentiality Obligations) if the receiving Party can demonstrate by documentation or other competent proof:

Confidentiality Obligations. At all times during the Term and for a period of [***] years following termination or expiration hereof of this Agreement in its entirety, each Party shall and shall cause its Affiliates, and its and their officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a any Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this 66 Agreement, whether prior to, on or after the Effective Date, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) Target or the scientific, regulatory or business affairs or other activities of either Party. Any Confidential Information relating to the subject matter of this Agreement and disclosed prior to the Effective Date under the Confidentiality Agreement shall be deemed to have been disclosed under this Agreement. Notwithstanding the foregoing, (a) subject to Sections 6.2.2(c)(iii) and 10.5.1(d), all Program Know-How and the terms of this Agreement shall be deemed to be the Confidential Information of both Parties Parties, and both Parties each Party shall be deemed to be a disclosing Party and a receiving Party with respect thereto, and (b) Syros Platform Improvements shall be deemed to be the Confidential Information of Syros, and Syros shall be deemed to be the disclosing Party and Incyte shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information 7.1 shall not include apply to any information that:

Confidentiality Obligations. At all times during the Term and for a period of [***] 10 years following termination or expiration hereof in its entirety, each Party shall shall, and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement or otherwise reasonably necessary to exercise such Party’s rights or perform such Party’s obligations under this Agreement. “The receiving Party shall use at least the same standard of care as it uses to protect proprietary or confidential information of its own, but no less than reasonable care, to ensure that its, and its Affiliates’, employees, agents, consultants, advisors, contractors and other representatives do not disclose or make any unauthorized use of the Confidential Information” means any technical, business or other information provided by or on behalf of one . The receiving Party to the other Party in connection with this Agreement, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of will promptly notify the disclosing Party upon discovery of any unauthorized use or its Affiliates disclosure of the Confidential Information. All Data generated during the Research Term will be considered (including Licensee Know-How and AstraZeneca Know-Howa) during the Research Term, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be (b) following Xxxxxxx’x exercise of the receiving Party Research License Option in accordance with Section 4.2.1(b) (Exercise of Research License Option), the Confidential Information of Xxxxxxx. Additionally, (i) the terms of this Agreement and the disclosing Party with respect thereto. Notwithstanding Jointly Owned Rights will be considered the foregoingConfidential Information of both Parties, (ii) the identities of the Reserved Targets and the Xxxxxxx Proteins, the confidentiality Xxxxxxx Background Rights and non-use obligations under this Section 6.1 with respect to any the Xxxxxxx Owned Rights will be considered the Confidential Information shall not include any information that:of Xxxxxxx, and (iii) the Licensed Intellectual Property (other than the Jointly Owned Rights) will be considered the Confidential Information of Dyadic.

Confidentiality Obligations. At all times during the Term and for a period of [***] ten (10) years following termination or expiration hereof in its entirety, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” of a Party means any technical, business or other information provided by or on behalf of one such Party or any of its Affiliates to the other Party or any of its Affiliates in connection with this Agreement, whether prior to, on or after the Effective Date, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance6.4), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Productits exploitation, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding ; provided that information related to the foregoing, the terms of this Agreement Improvements shall be deemed the Confidential Information of Omeros and information related to the JCB Know-How shall be deemed the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect theretoParties. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information that:that the receiving party establishes: (i) is or hereafter becomes part of the public domain by public use, publication, general knowledge or the like through no breach of this Agreement by the receiving Party; (ii) can be demonstrated by documentation or other competent proof to have been in the receiving Party’s possession prior to disclosure by the disclosing Party without any obligation of confidentiality with respect to such information; (iii) is subsequently received by the receiving Party from a Third Party who is not bound by any obligation of confidentiality with respect to such information; (iv) has been published by a Third Party or otherwise enters the public domain through no fault of the receiving Party in breach of this Agreement; or (v) can be demonstrated by documentation or other competent evidence to have been independently developed by or for the receiving Party without reference to the disclosing Party’s Confidential Information.

Confidentiality Obligations. At all times during the Term and for a period of [***] years following termination or expiration hereof in its entiretyhereof, each Party shall shall, and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party Party, and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement or is reasonably necessary or useful for the performance of, or the exercise of such Party’s rights under, this Agreement. “Confidential Information” means shall mean any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this AgreementParty, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures)Agreement, Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance)any Licensed Compound, information relating to the Licensed Compound or any Licensed Product (including the Regulatory DocumentationDocumentation and any Regulatory Data), any Development or Commercialization of the any Licensed Compound or any Licensed Product, any knowKnow-how with respect thereto How developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Licensor Know-How, as applicable) ), or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms Parties acknowledge the practical difficulty of this Agreement policing the use of information in the unaided memory of the receiving Party or its officers, directors, employees, and agents, and as such each Party agrees that the receiving Party shall not be liable for the use by any of its officers, directors, employees, or agents of specific Confidential Information of the disclosing Party that is retained in the unaided memory of such officer, director, employee or agent; provided that (a) such officer, director, employee, or agent is not aware that such Confidential Information is the confidential information of disclosing Party at the time of such use; (b) the foregoing is not intended to grant, and shall not be deemed to be grant, the receiving Party, its Affiliates, or its officers, directors, employees, and agents (i) a right to disclose the disclosing Party’s Confidential Information, or (ii) a license under any Patents or other intellectual property right of the disclosing Party; and (c) such officer, director, employee, or agent has not intentionally memorized such Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect theretofor use outside this Agreement. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 9.1 with respect to any Confidential Information shall not include any information portion of such Confidential Information that:

Confidentiality Obligations. At all times during During the Term and for a period of [***] following termination or expiration hereof in its entirety, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms term of this Agreement. , from time to time, either party may disclose (the “Confidential Information” means any technical, business Disclosing Party”) or other information provided by or on behalf of one Party make available to the other party (the “Receiving Party”), whether orally, electronically or in physical form, confidential or proprietary information concerning the Disclosing Party and/or its business, products or services in connection with this AgreementAgreement (together, “Confidential Information”). Confidential Information of Customer includes, without limitation, business plans, health plan relationships, acquisition plans, systems architecture, information systems, technology, data, computer programs and codes, processes, methods, operational procedures, finances, budgets, policies and procedures, customer, employee, provider, member, patient and beneficiary information, claims information, vendor information (including agreements, software and products), product plans, projections, analyses, plans or results, the existence of any business dealings or agreements between Customer and Vendor, and any other information relating to which is normally and reasonably considered confidential. Each party agrees that during the terms term of this Agreement and thereafter: (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcementsa) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating it will use Confidential Information belonging to the Licensed Compound or Disclosing Party solely for the purpose(s) of this Agreement; and (b) it will not disclose Confidential Information belonging to the Disclosing Party to any Licensed Product third party (including other than the Regulatory Documentation)Receiving Party’s employees, contractors and/or professional advisors on a need-to-know basis who are bound by obligations of nondisclosure and limited use at least as stringent as those contained herein) without first obtaining the Disclosing Party’s written consent. Upon request by the Disclosing Party, the Receiving Party will return all copies of any Development or Commercialization of Confidential Information to the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Disclosing Party. Notwithstanding the foregoing, the terms of Vendor hereby agrees that every individual person who performs under this Agreement shall be deemed execute the appropriate documents to be undertake obligations of confidentiality consistent with the Confidential Information terms set forth herein. Vendor hereby agrees to provide evidence and/or copies of both Parties and both Parties shall be deemed such duly executed documents to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information that:Customer upon request.

Confidentiality Obligations. At all times during Each party acknowledges that from and after the Term and for a period of [***] following termination or expiration hereof in its entiretyClosing, each Party shall party and their respective Affiliates will have a legitimate and continuing proprietary interest in the protection of trade secrets and confidential information, knowledge and data of Xxxxxx and the Business of Xxxxxx and any similar information with respect to Mergerco and GLBN or any of their respective Affiliates (collectively, the "Confidential Information"). Except as disclosure may be ordered by a governmental entity of competent jurisdiction, each party agrees that it and its Affiliates will maintain and cause to be maintained the confidentiality of all Confidential Information, which is held by or known to any of them and shall cause not disclose the Confidential Information to any improper person. In the event that any party or any of its officersAffiliates is notified that it is or may become legally compelled to disclose any of the Confidential Information, directorssuch person will provide the other party with prompt written notice of the existence, employees terms and agents to, keep confidential circumstances surrounding such notice so that such other party may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Section. Each party hereby represents and not publish or otherwise disclose warrants that neither they nor to a Third Party and not use, directly or indirectly, for their Knowledge any purpose, of their Affiliates have disclosed any Confidential Information furnished or otherwise made known to it, directly or indirectly, any third party that has not been advised of and agreed to be bound by the confidentiality provisions hereof, nor shall they or any of their Affiliates use any Confidential Information for any of their benefit or the benefit of any other Party, except to person outside of the extent such disclosure transaction contemplated hereby or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this Agreement, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization operation of the Licensed Compound Business. Information, knowledge or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement data shall not be deemed to be the Confidential Information to the extent that it is or becomes generally available to the public other than as a result of both Parties and both Parties shall be deemed a wrongful disclosure by any party hereto or its Affiliates, or becomes available to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to party on a nonconfidential basis from a source other than any Confidential Information shall not include any information that:party hereto or its Affiliates.

Confidentiality Obligations. At all times during the Term and for a period of [***] ten (10) years following termination or expiration hereof in of this Sublicense Agreement, or indefinitely with respect to all Confidential Information that constitutes trade secrets (including, without limitation, any Licensed Manufacturing Know-How, including the content of the Technical Transfer Package, and the content of the Licensor’s European Union and United States cefiderocol regulatory filings received or accessed by Sublicensee, and any other trade secrets of the Licensor, including all Confidential Information that is of a technical nature, is identifiable and substantial, and has commercial value because it is not publicly available), for so long as the relevant trade secrets do not become publicly available other than as a result of a fault attributable to the receiving Party or its entiretyagents or sublicensees, each Party shall shall, and shall cause its Affiliates and their respective officers, directors, employees and agents to, keep completely confidential and not publish or otherwise disclose to a Third Party and not to use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement or such use is reasonably necessary for the performance of its obligations or the exercise of its rights under this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party (the “Disclosing Party”) to the other Party (the “Receiving Party”) under or in connection with this Agreement, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), or any information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentationregulatory documentation and market approvals and any information or data contained therein), any Development or Commercialization information relating to any exploitation of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of Product in the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) Territory or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding For the foregoingpurposes hereof, the terms of this Agreement Licensed Rights [(including the Licensed Manufacturing Know-How) – IF APPLICABLE], shall be deemed to be Confidential Information of GARDP, and the terms of this Sublicense Agreement shall be deemed Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect theretoParties. Notwithstanding the foregoing, the confidentiality and non-use The obligations under this Section 6.1 17.1 will not apply with respect to any portion of the Confidential Information shall not include any information thatthat the Receiving Party can show by written evidence:

Confidentiality Obligations. At all times during the Term and for a period of [***] following termination or expiration hereof in its entirety, each The Receiving Party shall treat as confidential all of the Disclosing Party’s Confidential Information and shall cause not use such Confidential Information except as expressly permitted under this Agreement. Without limiting the foregoing, the Receiving Party shall use the same degree of care and means that it utilizes to protect its own information of a similar nature, but in any event not less than reasonable care and means, to prevent the unauthorized use or the disclosure of such Confidential Information to third parties. Confidential Information may be disclosed only to employees, contractors or permitted assignees of the Receiving Party with a reasonable “need to know” who are instructed and under a duty not to disclose the Confidential Information and not to use the Confidential Information for any purpose, except as set forth in this Agreement. Nothing in this Agreement shall prevent the Receiving Party from disclosing Confidential Information to the extent the Receiving Party is legally compelled to do so by any governmental investigative or judicial agency pursuant to proceedings over which such agency has jurisdiction, or in connection with the requirements of an initial public offering or securities filing; provided, however, that prior to any such disclosure, the Receiving Party shall (a) assert the confidential nature of the Confidential Information to the agency, (b) if legally permitted, immediately notify the Disclosing Party in writing of the agency’s order or request to disclose, and (c) cooperate fully with the Disclosing Party in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of the compelled disclosure and protecting its confidentiality. Notwithstanding the foregoing or anything herein to the contrary, Wavetable and its officers, directors, employees employees, affiliates and agents to, keep confidential and shall not publish be subject to the provisions of this Section 5.3 or otherwise disclose to a Third Party and not use, directly any restrictions on the use or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure exempt pursuant to (i) the Merger Agreement or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technicalother agreement between Bazaarvoice and Wavetable contemplated by, business or other information provided by or on behalf of one Party to the other Party entered into in connection with this Agreement, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoingwith, the terms of this Merger Agreement shall be deemed to be or (ii) the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information that:DOJ Order (as defined below).

Confidentiality Obligations. At all times during Each Party agrees that, for the Term and for a period of [**CONFIDENTIAL*] following termination or expiration hereof in its entiretythereafter, each such Party shall shall, and shall cause ensure that its officersRepresentatives, directorshold in confidence all Confidential Information disclosed to it by the other Party pursuant to this Agreement, employees and agents tothe Product Information, keep unless such information: (a) is or becomes generally available to the public other than as a result of disclosure by the recipient or any of its Representatives; (b) is already known by or in the possession of the recipient at the time of disclosure by the disclosing Party without A request for confidential and not publish treatment has been made with respect to portions of the following document that are marked with [*CONFIDENTIAL*]. The redacted portions have been filed separately with the SEC. obligations of confidentiality; (c) is independently developed by recipient without use of or otherwise disclose reference to the disclosing Party’s Confidential Information or the Product Information; or (d) is lawfully obtained by recipient from a Third Party and that has not usebreached any obligations of confidentiality. The recipient shall not disclose any of the disclosing Party’s Confidential Information, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other PartyProduct Information, except to the extent recipient’s Representatives who need to know such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by the Product Information, for the purpose of performing the recipient’s obligations, or on behalf of one Party to the other Party in connection with this Agreementexercising its rights, including information relating to the terms of under this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Antiwho are bound by written obligations of non-Bribery use and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Product, any knownon-how with respect thereto developed by or on behalf disclosure at least as protective of the disclosing Party or and its Affiliates (including Licensee Know-How Confidential Information, and AstraZeneca Know-Howthe Product Information, as applicable) those set forth herein. The recipient shall be responsible for any disclosure or use of the disclosing Party’s Confidential Information, or the scientificProduct Information, regulatory by such Representatives. The recipient shall protect the disclosing Party’s Confidential Information, and the Product Information, using not less than the same care with which it treats its own confidential information, but at all times shall use at least reasonable care. Each Party shall: (i) implement and maintain appropriate security measures to prevent unauthorized access to, or business affairs or other activities of either Party. Notwithstanding the foregoingdisclosure of, the terms of this Agreement shall be deemed to be the other Party’s Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Product Information; (ii) promptly notify the other Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect of any unauthorized access to any or disclosure of such other Party’s Confidential Information shall not include or the Product Information; and (iii) upon reasonable request, cooperate with such other Party in the investigation and remediation of any information that:such unauthorized access or disclosure.

Confidentiality Obligations. At all times during the Term and for a period of [***] following termination or expiration hereof in its entiretyof this Agreement, each Party shall and shall cause its Affiliates and its and their respective officers, directors, employees employees, (sub)contractors, (sub)distributors and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this Agreement, whether prior to, on or after the Effective Date, including information Information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-Howthereto, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, during the terms Term, any Information relating to the Product or the Exploitation thereof that is owned or Controlled by Surmodics or any of this Agreement its Affiliates and that is exclusively licensed to Xxxxxx pursuant to Section 8.1 shall be deemed to be the Confidential Information of both Parties (and both Parties shall be deemed to be the receiving Party and the CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. disclosing Party with respect thereto); provided, that (i) Surmodics shall have the right, to the extent consistent with Section 8.4.1, to use and disclose (subject to customary confidentiality obligations) such Confidential Information relating to its non-exclusive reagents and other products and technologies consistent with its customary practices, and (ii) Xxxxxx shall have the right to use and disclose the such Confidential Information in connection with Xxxxxx’x reasonable exercise and performance, consistent with Xxxxxx’x practices for its own products, of its rights and obligations hereunder. Notwithstanding the foregoing, the The confidentiality and non-use obligations under this Section 6.1 10.1 with respect to any Confidential Information shall not include apply to any information that:

Confidentiality Obligations. At All documents and information received by the Vendors from the Corporation or vice versa, and their respective professional advisors ("Confidential Information") will be treated by the Vendors and the Corporation, as the case may be, as confidential and will not be disclosed to any other person by the Vendors or the Corporation, except to their respective professional advisors and will not be used for any purpose whatsoever by the Vendors or the Corporation, other than for the purposes of evaluating the Transaction. No party will disclose the terms of this letter agreement (including Schedule "A" hereto) to any other person (other than such party's directors, officers, consultants, employees, lenders, counsel, accountants or any other advisors on a need-to-know basis who have agreed in writing or who by the nature or their terms of their retainer, engagement or employment are under a duty to keep such terms confidential and to use the information only for the need-to-know basis upon which the information was provided, and for whom such party will be liable as a result of any breach of such obligation of confidentiality), except in order to comply with any applicable law (including the requirements of securities regulatory authorities and the TSXV) and in order to obtain approval of the TSXV for the Transaction and any matter connected thereto; provided that, in the event that the Corporation or any Vendor receives a request or is legally required to disclose confidential information, it will notify the other parties of such request or requirement and the other parties may, at their own expense, seek to obtain any protective order to prevent or limit such disclosure. The parties will be entitled to all times during remedies available at law or in equity to enforce, or seek relief in connection with, this confidentiality obligation; provided further that, all monetary damages will be limited to actual direct damages. The provisions of this Section 3 will survive the Term and termination of this letter agreement for a period of [***] following termination or expiration hereof in its entirety, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this Agreement, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Partythree years. Notwithstanding the foregoing, the terms of this Agreement shall be deemed to be the "Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall Information" will not include any information that:

Confidentiality Obligations. At all times during the Term and for a period of [*****] following termination or expiration hereof in its entiretyof this Agreement, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a any Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this Agreement, whether prior to, on or after the Effective Date, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance)Agreement, information relating to the any Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the a Licensed Compound or any Licensed Product, any know-how Information with respect thereto developed by or on behalf of the disclosing Party or its Affiliates or, in the case of Lilly, its Affiliates or Sublicensees (including Licensee Lilly Know-How and AstraZeneca ACI Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. CONFIDENTIAL TREATMENT REQUESTED UNDER RULE 24B-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. [*****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION. Notwithstanding the foregoing, Confidential Information constituting (i) Regulatory Documentation owned by Lilly pursuant to Section ‎3.3.1, any Joint Know-How and any other Information developed, owned or Controlled by ACI or any of its Affiliates relating to any Licensed Compound or Licensed Product or the Exploitation of any of the foregoing in the Field shall be deemed the Confidential Information of Lilly (and Lilly shall be deemed the disclosing Party and ACI shall be deemed the receiving Party with respect thereto) and (ii) the terms of this Agreement shall be deemed to be the Confidential Information of both Parties (and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto). Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 ‎9.1 with respect to any Confidential Information shall not include apply to any information that:

Confidentiality Obligations. At all times during Each party that receives confidential and/or proprietary information (the Term and for a period "RECEIVING PARTY") relating to this Agreement or the consummation of [***] following termination or expiration hereof in its entiretythe Transactions (the "INFORMATION") shall maintain the confidential nature of the other party disclosing such Information (the "DISCLOSING PARTY"), each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third any third party without prior written consent of the Disclosing Party; (a) any Information learned about the Disclosing Party and not useor its affiliates in the course of the Transactions, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this Agreement, including information relating to (b) the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures)or the Transactions, Section 6.4 (Public Announcements) unless and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound extent necessary to carry out the Transactions. At the termination of this Agreement, the Receiving Party agrees to return to the Disclosing Party any and all materials containing any such Information. These restrictions on use and obligations of confidentiality will not apply to any Information that: (i) is or any Licensed Product becomes generally available to the public other than as a result of a disclosure by the Disclosing Party; (including ii) was within the Regulatory Documentation), any Development or Commercialization of Receiving Party's possession prior to its being furnished to the Licensed Compound or any Licensed Product, any know-how with respect thereto developed Receiving Party by or on behalf of the disclosing Disclosing Party pursuant to this Agreement or for the consummation of the Transactions, provided that the source of such information was not known by the Receiving Party to be bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality to the Disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or any other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 party with respect to such information; (iii) becomes available to the Receiving Party on a nonconfidential basis from a source other than the Disclosing Party, provided that such source is not bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality to the Disclosing Party or any Confidential other party with respect to such information; or (iv) the Receiving Party has received a written opinion of outside counsel that such disclosure must be made by the Receiving Party in order for the Receiving Party not to commit a violation of law. In the event that the Receiving Party is requested or required (by oral questions, interrogatories, requests for information or documents in legal proceedings, subpoena, civil investigative demand or other similar process) to disclose any Information, the Receiving Party shall provide the Disclosing Party with prompt written notice of any such request or requirement so that the Disclosing Party may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this SECTION 9.1. If, in the absence of a protective order or other remedy or the receipt of a waiver by the Disclosing Party, the Receiving Party is nonetheless, in the written opinion of counsel, legally compelled to disclose such Information shall not include to any information that:tribunal or else stand liable for contempt or suffer other censure or penalty, the Receiving Party may, without liability hereunder, disclose to such tribunal only that portion of such Information that such counsel advises the Receiving Party is legally required to be disclosed, provided that the Receiving Party exercise its best efforts to preserve the confidentiality of such Information, including, without limitation, by cooperating with the Disclosing Party to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded such Information by such tribunal.

Confidentiality Obligations. At all times during the Term and for a period of [*****] following termination or expiration hereof in its entiretyof this Agreement, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a any Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this Agreement, whether prior to, on or after the Effective Date, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance)Agreement, information relating to the any Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the a Licensed Compound or any Licensed Product, any know-how Information with respect thereto developed by or on behalf of the disclosing Party or its Affiliates or, in the case of Lilly, its Affiliates or Sublicensees (including Licensee Lilly Know-How and AstraZeneca ACI Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, Confidential Information constituting (i) Regulatory Documentation owned by Lilly pursuant to Section ‎3.3.1, any Joint Know-How and any other Information developed, owned or Controlled by ACI or any of its Affiliates relating to any Licensed Compound or Licensed Product or the Exploitation of any of the foregoing in the Field shall be deemed the Confidential Information of Lilly (and Lilly shall be deemed the disclosing Party and ACI shall be deemed the receiving Party with respect thereto) and (ii) the terms of this Agreement shall be deemed to be the Confidential Information of both Parties (and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto). Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 ‎9.1 with respect to any Confidential Information shall not include apply to any information that:

Confidentiality Obligations. At all times during the Term and for a period of [***] years following termination or expiration hereof in its entiretyhereof, each Party shall shall, and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party Party, and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement or is reasonably necessary or useful for the performance of, or the exercise of such Party’s rights under, this Agreement. “Confidential Information” means shall mean any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this AgreementParty, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures)Agreement, Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance)any Licensed Compound, information relating to the Licensed Compound or any Licensed Product (including the Regulatory DocumentationDocumentation and any Regulatory Data), any Development or Commercialization of the any Licensed Compound or any Licensed Product, any knowKnow-how with respect thereto How developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Licensor Know-How, as applicable) ), or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the Parties acknowledge the practical difficulty of policing the use of information in the unaided memory of the receiving Party or its officers, directors, employees, and agents, and as such each Party agrees that the receiving Party shall not be liable for the use by any of its officers, directors, employees, or agents of specific Confidential Information of the disclosing Party that is retained in the unaided memory of such officer, director, employee or Specific terms in this exhibit have been redacted because confidential treatment for those terms has been requested. These redacted terms have been marked in this exhibit with three asterisks [***]. An unredacted version of this Agreement exhibit has been separately filed with the Securities and Exchange Commission. agent; provided that (a) such officer, director, employee, or agent is not aware that such Confidential Information is the confidential information of disclosing Party at the time of such use; (b) the foregoing is not intended to grant, and shall not be deemed to be grant, the receiving Party, its Affiliates, or its officers, directors, employees, and agents (i) a right to disclose the disclosing Party’s Confidential Information, or (ii) a license under any Patents or other intellectual property right of the disclosing Party; and (c) such officer, director, employee, or agent has not intentionally memorized such Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect theretofor use outside this Agreement. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 9.1 with respect to any Confidential Information shall not include any information portion of such Confidential Information that:

Confidentiality Obligations. At all times during the Term and for a period of [***] ten (10) years following termination or expiration hereof in its entirety, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” Information means any technical, business or other information Information provided by or on behalf of one Party to the other Party in connection with this Agreement, whether prior to, on or after the Effective Date, including information Information relating to the terms of this Agreement (subject to Section 6.2 Clause 7.2 (Permitted DisclosuresDisclosure), Section 6.4 Clause 7.4 (Public Announcements) and Section 7.6.8 Clause 7.5 (Anti-Bribery and Anti- Corruption CompliancePublications)), information Information relating to the Licensed Compound or any Licensed Product (including the any clinical data and Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed Developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca ArQule Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, Joint Inventions and the terms of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding In addition, notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 Clause 7.1 (Confidentiality Obligations) with respect to any Confidential Information shall not include any information Information that:

Confidentiality Obligations. At all times during the Term and for a period of [***] ([***]) years following termination or expiration hereof in its entirety(or, with respect to the Eisai Trade Secrets, for a period of unlimited duration), each Party shall shall, and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this Agreement, whether prior to, on or after the Effective Date, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance7.4), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization Exploitation of the Licensed Compound or any Licensed Product, any knowKnow-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including the Licensee Know-How how and AstraZeneca Eisai Know-Howhow, as applicable) or the scientific, regulatory or business affairs or other activities of either PartyParty and shall include the Eisai Trade Secrets. Notwithstanding the foregoing, the terms of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 7.1 with respect to any Confidential Information shall not include any information that:

Confidentiality Obligations. At all times during the Term and for a period of [***] years following termination or expiration hereof in its entiretyhereof, each Party shall shall, and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party Party, and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement or is reasonably necessary or useful for the performance of, or the exercise of such Party’s rights under, this Agreement. ““ Confidential InformationInformation ” means shall mean any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this AgreementParty, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures)Agreement, Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance)any Licensed Compound, information relating to the Licensed Compound or any Licensed Product (including the Regulatory DocumentationDocumentation and any Regulatory Data), any Development or Commercialization of the any Licensed Compound or any Licensed Product, any knowKnow-how with respect thereto How developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Licensor Know-How, as applicable) ), or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms Parties acknowledge the practical difficulty of this Agreement policing the use of information in the unaided memory of the receiving Party or its officers, directors, employees, and agents, and as such each Party agrees that the receiving Party shall not be liable for the use by any of its officers, directors, employees, or agents of specific Confidential Information of the disclosing Party that is retained in the unaided memory of such officer, director, employee or agent; provided that (a) such officer, director, employee, or agent is not aware that such Confidential Information is the confidential information of disclosing Party at the time of such use; (b) the foregoing is not intended to grant, and shall not be deemed to be grant, the receiving Party, its Affiliates, or its officers, directors, employees, and agents (i) a right to disclose the disclosing Party’s Confidential Information, or (ii) a license under any Patents or other intellectual property right of the disclosing Party; and (c) such officer, director, employee, or agent has not intentionally memorized such Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect theretofor use outside this Agreement. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 9.1 with respect to any Confidential Information shall not include any information portion of such Confidential Information that:

Confidentiality Obligations. At All Information disclosed by one Party to the other Party pursuant to this Agreement, or pursuant to the Confidential Information Agreement by and between Licensee and Company effective as of June 3, 2016, shall be the “Confidential Information” of the disclosing Party for all times during purposes hereunder. Each Party agrees that, for the Term and for a five (5) years thereafter (or, if shorter, for the longest period of [***] following termination or expiration hereof in its entiretyallowed under Applicable Law), each such Party shall shall, and shall cause ensure that its Affiliates, officers, directors, employees and agents to, shall keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, use for any purpose, purpose except as expressly permitted hereunder any Confidential Information or materials furnished or otherwise made known to it, directly or indirectly, it by the other Party (including, without limitation, know-how of the disclosing Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement). “Confidential Information” means Information includes any and all technical, business or other [*] Indicates that text has been omitted which is the subject of a confidential treatment request. This text has been separately filed with the SEC. information provided by or on behalf of one Party to the other Party Party, whether prior to, on or after the Effective Date, or otherwise generated by or on behalf of either or both Parties in connection with this Agreement, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) 11.4 and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance11.5), information relating to the Licensed Compound Molecule or any Licensed Product (including the Regulatory DocumentationMaterials), any Development Development, Manufacture or Commercialization of the Licensed Compound Molecule or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or Sublicensees or the scientific, regulatory or business affairs or other activities of either PartyParty (including, for the avoidance of doubt, any such information that is shared pursuant to this Agreement). Notwithstanding Any Confidential Information primarily relating to IMMU-132 shall be the foregoingConfidential Information of both Parties (“IMMU-132 Information”), and each Party shall be deemed both the terms of this Agreement disclosing Party and the receiving Party with respect thereto. Any Confidential Information primarily relating to a Next Generation Product shall be deemed to be the Confidential Information of both Parties and both Parties Licensee alone. The foregoing obligations shall be deemed not apply to be any Information disclosed by a Party hereunder to the extent that the receiving Party and the disclosing Party can demonstrate with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information thatcompetent evidence that such Information:

Confidentiality Obligations. At all times during the Term term of this Agreement and for a period of [***] following termination or expiration hereof in its entirety, each Party shall and shall cause its Affiliates and its and their Sublicensees as well as all officers, directors, employees and agents of the foregoing entities to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this AgreementParty, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance6.4), information relating to the Licensed Compound Compound(s), Peripheral TYK2/JAK1 Compound(s), or any Licensed Product Product(s) (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound Compound(s), Peripheral TYK2/JAK1 Compound(s), or any Licensed ProductProduct(s), any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Biohaven Know-How and AstraZeneca Highlightll Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information that:

Confidentiality Obligations. At all times during the Term and for a period of [***] following termination or expiration hereof in its entirety, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purposepurpose other than for the purposes of performing its obligations or exercising its rights under this Agreement, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. Confidential Information shall be disclosed only to employees and agents who have a need for such information and who are bound by obligations of nondisclosure and non-use at least as restrictive as those set forth herein. Each Party shall be responsible for any disclosure or use of the Confidential Information by such employees or agents. Each Party shall reasonably promptly notify the other Party of any intended, or unintended, unauthorized disclosure or use of any of the other Party’s Confidential Information. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party (the “Disclosing Party”) to the other Party (the “Receiving Party”) in connection with this Agreement, on or after the Effective Date, including to the extent so provided, information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Press Release and Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the ); any Licensed Compound or any Licensed Product (including the Regulatory DocumentationDocumentation and Combination Data), ; any Development or Commercialization of the any Licensed Compound or any Licensed Product, ; any know-how with respect thereto developed by or on behalf of the disclosing Disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Receiving Party and the disclosing Disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 (Confidentiality Obligations) with respect to any Confidential Information shall not include any information that:

Confidentiality Obligations. At all times during the Term and for a period of [***] following termination or expiration hereof in its entirety, each The Receiving Party shall treat as confidential all of the Disclosing Party’s Confidential Information and shall cause not use such Confidential Information except as necessary to perform its officersobligations or exercise its rights under this Agreement. Without limiting the foregoing, directorsthe Receiving Party shall use the same degree of care and means that it utilizes to protect its own information of a similar nature, employees but in any event not less than reasonable care and agents tomeans, keep confidential to prevent the unauthorized use or the disclosure of such Confidential Information to third parties. Confidential Information may be disclosed only to employees, contractors or permitted assignees of the Receiving Party with a reasonable “need to know” who are instructed and under a duty not to disclose the Confidential Information and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, use the Confidential Information for any purpose, any except as set forth in this Agreement. Nothing in this Agreement shall prevent the Receiving Party from disclosing Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent the Receiving Party is legally compelled to do so by any governmental investigative or judicial agency pursuant to proceedings over which such disclosure agency has jurisdiction, or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this Agreementthe requirements of an initial public offering or securities filing; provided, including information relating however, that prior to any such disclosure, the Receiving Party shall (a) assert the confidential nature of the Confidential Information to the terms of this Agreement agency, (subject to Section 6.2 (Permitted Disclosures)b) if legally permitted, Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to immediately notify the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization Disclosing Party in writing of the Licensed Compound agency’s order or request to disclose, and (c) cooperate fully with the Disclosing Party in protecting against any Licensed Product, any know-how with respect thereto developed by or on behalf such disclosure and/or obtaining a protective order narrowing the scope of the disclosing Party or compelled disclosure and protecting its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Partyconfidentiality. Notwithstanding the foregoingforegoing or anything herein to the contrary, Wavetable shall not be subject to the provisions of this Section 5.3 or any restrictions on the use or Confidential Information to the extent exempt pursuant to (i) the Merger Agreement or any other agreement contemplated by, or entered into in connection with, the terms of this Merger Agreement shall be deemed to be or (ii) the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information that:DOJ Order (as defined below).

Confidentiality Obligations. At all times The Parties agree that, during the Term and for a period of […***…] following termination or expiration hereof in its entiretythereafter, each Party shall shall: (a) use reasonable efforts to maintain in confidence the other Party’s Confidential Information (but not less than those efforts as such Party uses to maintain in confidence its own proprietary industrial information of similar kind and shall cause its officers, directors, employees and agents to, keep confidential and value); (b) not publish or otherwise disclose such Confidential Information to a any Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by without prior written consent of the other Party, except to the extent expressly authorized by this Agreement or otherwise agreed in writing by the Parties; and (c) not use such other Party’s Confidential Information for any purpose except those permitted by this Agreement or in connection with exercising such Party’s or its Affiliates’ rights or fulfilling their obligations under this Agreement. Shire and its Affiliates may not disclose any Shire Know-How to any Third Party to the extent such disclosure is in relation to a Compound or use is expressly permitted by Licensed Product without the terms prior written consent of Mirum, except (i) if such Shire Know-How becomes generally available to the public or otherwise part of the public domain, other than through any act or omission of the Shire or its Affiliates in breach of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of (ii) if one Party to the other Party in connection with this Agreement, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca exceptions in Section 7.3 applies to such Shire Know-How, or (iii) as applicable) or the scientific, regulatory or business affairs or other activities of either Partyset forth in Section 7.5(b). Notwithstanding anything to the foregoing, contrary in the terms definition of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoingor this Article 7, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information of Pfizer, Sanofi or Satiogen, including Pfizer Know-How, Sanofi Know-How and Satiogen Know-How, from and following the Effective Date, such Confidential Information shall not include be deemed the Confidential Information of Mirum and Mirum shall be the disclosing Party and Shire the receiving Party with respect to any information that:such Confidential Information.

Confidentiality Obligations. At all times during the Term and for a period of [***] following termination or expiration hereof in its entirety, each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement. “Confidential Information” means any technical, business or other information provided by or on behalf of one Party to the other Party in connection with this AgreementParty, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) 9.4 and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance10.5.7), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Insmed Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, Joint Know-How and the terms of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 9.1 with respect to any Confidential Information shall not include any information that:

Confidentiality Obligations. At all times during the Term and for a period of [****] following termination or expiration hereof in its entirety, each Party shall shall, and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to a Third Party and not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made known to it, directly or indirectly, by the other Party, except to the extent such disclosure or use is expressly permitted by the terms of this Agreement or the Penn Sublicense Agreement. “Confidential Information” means any confidential and proprietary technical, business or other information provided by or on behalf of one Party to the other Party in connection with this Agreement or the Penn Sublicense Agreement, whether prior to, on or after the Effective Date, including information relating to the terms of this Agreement or the Penn Sublicense Agreement (subject to Section 6.2 (Permitted Disclosures10.2.4 and Section 10.4), Section 6.4 (Public Announcements) confidential and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), proprietary information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how confidential and proprietary Information with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee PARTNER Know-How and AstraZeneca REGENX Know-How, as applicable) or the confidential and proprietary scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, (a) Joint Know-How and the terms of this Agreement shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto, (b) any Information solely relating to Licensed Products (including the Regulatory Documentation) or the Exploitation thereof ([****]) (“Product Information”) shall be deemed to be the Confidential Information of both Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto and (c) [****] (and REGENX shall be deemed to be the disclosing Party and PARTNER shall be deemed the receiving Party with respect thereto). Notwithstanding the foregoing, the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information that:

Confidentiality Obligations. At all times during Each Party that receives confidential and/or proprietary information (the Term and for a period "RECEIVING PARTY") relating to this Agreement or the consummation of [***] following termination or expiration hereof the Transactions (the "CONFIDENTIAL INFORMATION") shall maintain in its entiretyconfidence the identity of the other Party disclosing such Confidential Information (the "DISCLOSING PARTY"), each Party shall and shall cause its officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to any third party without prior written consent of the Disclosing Party: (a) any Confidential Information learned about the Disclosing Party or its affiliates in the course of the Transactions; or (b) the terms of this Agreement or the Transactions, unless and to the extent necessary to carry out the Transactions. At the termination of this Agreement, the Receiving Party agrees to return to the Disclosing Party any and all materials containing any such Confidential Information. These restrictions on use and obligations of confidentiality will not apply to any Confidential Information that: (i) is or becomes generally available to the public other than as a Third result of a disclosure by the Disclosing Party; (ii) was within the Receiving Party's possession prior to its being furnished to the Receiving Party by or on behalf of the Disclosing Party pursuant to this Agreement or for the consummation of the Transactions, provided that: (A) the source of such information was not known by the Receiving Party to be bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality to the Disclosing Party or any other Person with respect to such Confidential Information; and (B) such prior possession by the Receiving Party can be adequately substantiated by documentary evidence antedating the disclosure by the Disclosing Party; (iii) becomes available to the Receiving Party on a nonconfidential basis from a source other than the Disclosing Party, provided that such source is not bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality to the Disclosing Party or any other Person with respect to such Confidential Information; (iv) is developed independently by the Receiving Party without using, directly or indirectly, any Confidential Information of the Disclosing Party, PROVIDED, HOWEVER, that the Receiving Party can adequately substantiate with documentary evidence that such independent development did not use, directly or indirectly, for any purpose, any Confidential Information furnished of the Disclosing Party; or otherwise (v) the Receiving Party has received a written opinion of outside legal counsel that such disclosure must be made known to it, directly or indirectly, by the Receiving Party in order for the Receiving Party not to commit a violation of law. In the event that the Receiving Party is requested or required (by oral questions, interrogatories, requests for information or documents in legal proceedings, subpoena, civil investigative demand or other similar process) to disclose any Confidential Information, the Receiving Party shall provide the Disclosing Party with prompt written notice of any such request or requirement so that the Disclosing Party may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this SECTION 10.1. If, in the absence of a protective order or other remedy or the receipt of a waiver by the Disclosing Party, except the Receiving Party is nonetheless, in the written opinion of legal counsel, legally compelled to disclose such Confidential Information to any tribunal or else stand liable for contempt or suffer other censure or penalty, the extent Receiving Party may, without liability hereunder, disclose to such disclosure or use tribunal only that portion of such Confidential Information that such legal counsel advises the Receiving Party is expressly permitted by legally required to be disclosed, provided that the terms Receiving Party exercise its best efforts to preserve the confidentiality of this Agreement. “such Confidential Information” means any technical, business including by cooperating with the Disclosing Party to obtain an appropriate protective order or other information provided by or on behalf of one Party to the other Party in connection with this Agreement, including information relating to the terms of this Agreement (subject to Section 6.2 (Permitted Disclosures), Section 6.4 (Public Announcements) and Section 7.6.8 (Anti-Bribery and Anti- Corruption Compliance), information relating to the Licensed Compound or any Licensed Product (including the Regulatory Documentation), any Development or Commercialization of the Licensed Compound or any Licensed Product, any know-how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates (including Licensee Know-How and AstraZeneca Know-How, as applicable) or the scientific, regulatory or business affairs or other activities of either Party. Notwithstanding the foregoing, the terms of this Agreement shall reliable assurance that confidential treatment will be deemed to be the accorded such Confidential Information of both Parties by such tribunal. Each Party agrees that this ARTICLE 10 shall supersede and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto. Notwithstanding the foregoing, replace the confidentiality and non-use obligations under this Section 6.1 with respect to any Confidential Information shall not include any information that:provision set forth in the Letter of Intent, dated May 30, 2001, between the Parties. THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH A *** AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT REQUESTED BY OVERLAND DATA, INC.