Common use of Confidentiality of Agreement Terms Clause in Contracts

Confidentiality of Agreement Terms. The Parties acknowledge that the terms of the Phase 1 Agreement, this Agreement and the other Collaboration Agreements shall be treated confidentially as Confidential Information of both Parties. Notwithstanding the foregoing, (a) such terms may be disclosed by a Party in the context of a potential transaction to bankers and potential financing sources, investment bankers, investors and potential investors, licensees, potential licensees, acquirers or potential acquirers, and their respective advisors, each of whom prior to disclosure must be bound by similar obligations of confidentiality at least equivalent in scope to those set forth in this Article 15, (b) terms reasonably required for a party to evaluate the use of the ADM Assets that are subject to Solazyme’s Right of First Refusal contained in Section 6.7 may be disclosed by ADM to the relevant party and (c) a copy of this Agreement may be filed by a Party with the U.S. Securities and Exchange Commission (“SEC”) if required by applicable securities laws and regulations, as determined by securities counsel for the Party seeking to make such filing. In connection with any such filing, such Party shall endeavor to obtain confidential treatment of economic and trade secret information, research and development information, and other competitively sensitive information of each Party, to the extent allowed, as reasonably determined by securities counsel for the Party seeking to make such disclosure. Notwithstanding anything to the contrary, a Party may not disclose any Confidential Information of the other Party to any of the other Party’s Restricted Companies without prior authorization from the other Party.

Confidentiality of Agreement Terms. The Parties acknowledge that the terms of the Phase 1 Agreement, this Agreement and the other Collaboration Agreements shall be treated confidentially as Confidential Information of both all the Parties. Notwithstanding the foregoing, (a) such terms may be disclosed by a Party in the context of a potential transaction to bankers and potential financing sources, investment bankers, investors and potential investors, licensees, potential licensees, acquirers or and potential acquirers, and their respective advisors, each of whom prior to disclosure must be bound by similar obligations of confidentiality and non-use at least equivalent in scope to those set forth in this Article 15, 10 and (b) terms reasonably required for a party to evaluate the use of the ADM Assets that are subject to Solazyme’s Right of First Refusal contained in Section 6.7 may be disclosed by ADM to the relevant party and (c) a copy of this Agreement may be filed by a Party with the U.S. Securities and Exchange Commission (“SEC”) if required by applicable securities laws and regulations, as determined by securities counsel for the Party seeking to make such filing. In connection with any such filing, such Party shall endeavor to obtain confidential treatment of economic and trade secret information, research and development informationinformation (such as Exhibit B), and other competitively sensitive information of each Party, to the extent allowed, as reasonably determined by securities counsel for the Party seeking to make such disclosure. Notwithstanding anything In addition, Solazyme, Inc. may disclose the definition of “Products”, Product use fields and the limits and restrictions on the licenses set forth in Article 6 to licensees and potential licensees of its Technology to the contraryextent that it is necessary to enable Solazyme, a Party may not disclose any Confidential Information Inc. to license its Technology outside the scope of the other Party licenses granted to any of the other Party’s Restricted Companies without prior authorization from Company hereunder; provided, however, that the other Partylicensee or potential licensee has undertaken written confidentiality obligations at least as stringent as those set forth in this Article 11.

Confidentiality of Agreement Terms. The Parties acknowledge that the terms of the Phase 1 Agreement, this Agreement and the other Collaboration Agreements shall be treated confidentially as Confidential Information of both all the Parties. Notwithstanding the foregoing, (a) such terms may be disclosed by a Party in the context of a potential transaction to bankers and potential financing sources, investment bankers, investors and potential investors, licensees, potential licensees, acquirers or and potential acquirers, and their respective advisors, each of whom prior to disclosure must be bound by similar obligations of confidentiality and non-use at least equivalent in scope to those set forth in this Article 15, 10 and (b) terms reasonably required for a party to evaluate the use of the ADM Assets that are subject to Solazyme’s Right of First Refusal contained in Section 6.7 may be disclosed by ADM to the relevant party and (c) a copy of this Agreement may be filed by a Party with the U.S. Securities and Exchange Commission (“SEC”) if required by applicable securities laws and regulations, as determined by securities counsel for the Party seeking to make such filing. In connection with any such filing, such Party shall endeavor to obtain confidential treatment of economic and trade secret information, research and development informationinformation (such as Exhibit B), and other competitively sensitive information of each Party, to the extent allowed, as reasonably determined by securities counsel for the Party seeking to make such disclosure. Notwithstanding anything In addition, Solazyme, Inc. may disclose the definition of “Products”, Product use fields and the limits and restrictions on the licenses set forth in Article 6 to licensees and potential licensees of its Technology to the contraryextent that it is necessary to enable Solazyme, a Party may not disclose any Confidential Information Inc. to license its Technology outside the scope of the other Party licenses granted to any of the other Party’s Restricted Companies without prior authorization from Company hereunder; provided, however, that the other Party.licensee or potential licensee has undertaken written confidentiality obligations at least as stringent as those set forth in this Article 11. ARTICLE 12 INDEMNIFICATION 12.1

Confidentiality of Agreement Terms. The Parties acknowledge that the terms of the Phase 1 Agreement, this Agreement and the other Collaboration Agreements shall be treated confidentially as Confidential Information of both all the Parties. Notwithstanding the foregoing, (a) such terms may be disclosed by a Party in the context of a potential transaction to bankers and potential financing sources, investment bankers, investors investors, and potential investors, licensees, potential licensees, or acquirers or potential acquirers, and their respective advisors, each of whom prior to disclosure must be bound by similar obligations of confidentiality and non-use at least equivalent in scope to those set forth in this Article 15, 10 and (b) terms reasonably required for a party to evaluate the use of the ADM Assets that are subject to Solazyme’s Right of First Refusal contained in Section 6.7 may be disclosed by ADM to the relevant party and (c) a copy of this Agreement may be filed by a Party with the U.S. Securities and Exchange Commission (“SEC”) if required by applicable securities laws and regulations, as determined by securities counsel for the Party seeking to make such filing. In connection with any such filing, such Party shall endeavor to obtain confidential treatment of economic and trade secret information, research and development informationinformation (such as Exhibit B), and other competitively sensitive information of each Party, to the extent allowed, as reasonably determined by securities counsel for the Party seeking to make such disclosure. Notwithstanding anything In addition, Solazyme, Inc. may disclose the definition of “Products”, “Field”, “Manufacturing Territory” and “Use Territory” to licensees and potential licensees of its Technology to the contraryextent that it is necessary to enable Solazyme, a Party may not disclose any Confidential Information Inc. to license its Technology outside the scope of the other Party licenses granted to any of the other Party’s Restricted Companies without prior authorization from Company hereunder; provided, however, that the other Partylicensee or potential licensee has undertaken written confidentiality obligations at least as stringent as those set forth in this Article 10.