Common use of Return or Destruction of Confidential Information Clause in Contracts

Return or Destruction of Confidential Information. Following the end of the Termination Period (or the interim servicing period pursuant to Section 17.2(h) to the extent sharing of Confidential Information continues during the Termination Period in accordance with this Agreement), the Receiving Party shall cease using and promptly, at Receiving Party’s option, return to Disclosing Party or arrange for the destruction of any and all the Disclosing Party’s Confidential Information in any media (including any electronic or paper copies, reproductions, extracts or summaries thereof); provided, however, the Receiving Party in possession of tangible property containing the Disclosing Party’s Confidential Information may retain, subject to the terms of this Agreement, (a) Confidential Information (i) that a Receiving Party, its Service Providers or their respective Representatives are required to retain by Applicable Law or documented, internal retention policies, or (ii) that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system or form; provided, such copies are not intentionally accessed except where required or requested by Applicable Law or where disclosure is otherwise permitted under this Agreement, or (b) that a Receiving Party’s or its Service Providers’ Representatives that are accounting firms retain in accordance with policies and procedures implemented by such persons in order to comply with Applicable Law or professional rules or standards. Such return or destruction shall be certified in writing, including a statement that no copies of Confidential Information have been kept, except as provided herein.

Return or Destruction of Confidential Information. Following the end Upon termination or expiration of the Termination Period (or the interim servicing period pursuant to Section 17.2(h) this Agreement, each Party and its Affiliates shall promptly return to the extent sharing of Disclosing Party or destroy, at the Disclosing Party’s direction, any Confidential Information continues during belonging to the Termination Period in accordance Disclosing Party; provided, however that the Receiving Party may retain one copy of such Confidential Information, solely for purposes of exercising the Receiving Party’s surviving rights hereunder, satisfying its obligations hereunder or complying with this Agreement)any legal proceeding or requirement with respect thereto, and provided further that the Receiving Party shall cease using not be required to erase electronic files created in the ordinary course of business during automatic system back-up procedures pursuant to its electronic record retention and promptlydestruction practices that apply to its own general electronic files and information so long as such electronic files are (a) maintained only on centralized storage servers (and not on personal computers or devices), at Receiving Party’s option(b) not accessible by any of its personnel (other than its information technology specialists), return to and (c) are not otherwise accessed subsequently except with the written consent of the Disclosing Party or arrange for the destruction of any and all the Disclosing Party’s Confidential Information in any media (including any electronic as required by law or paper copies, reproductions, extracts or summaries thereof); provided, however, the Receiving Party in possession of tangible property containing the Disclosing Party’s Confidential Information may retain, subject to the terms of this Agreement, (a) Confidential Information (i) that a Receiving Party, its Service Providers or their respective Representatives are required to retain by Applicable Law or documented, internal retention policies, or (ii) that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system or form; provided, such copies are not intentionally accessed except where required or requested by Applicable Law or where disclosure is otherwise permitted under this Agreement, or (b) that a Receiving Party’s or its Service Providers’ Representatives that are accounting firms retain in accordance with policies and procedures implemented by such persons in order to comply with Applicable Law or professional rules or standardslegal process. Such return or destruction shall be certified in writing, including a statement that no retained copies of Confidential Information have been keptshall remain subject to the confidentiality and non-use obligations herein. [***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, except as provided hereinMARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE THE INFORMATION (I) IS NOT MATERIAL AND (II) IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL.

Return or Destruction of Confidential Information. Following Within [*] after the end termination of this Agreement, or (c) the written request of the Termination Period (or the interim servicing period pursuant to Section 17.2(h) to the extent sharing of Confidential Information continues during the Termination Period in accordance with this Agreement)Disclosing Party, the Receiving Party shall cease using and promptlyshall, at Receiving the Disclosing Party’s optiondiscretion, promptly destroy or return to the Disclosing Party all documentary, electronic or arrange for the destruction other tangible embodiments of any and all the Disclosing Party’s Confidential Information in to which the Receiving Party does not retain rights hereunder and any media (including and all copies thereof, and destroy those portions of any electronic documents that incorporate or paper copiesare derived from the Disclosing Party’s Confidential Information to which the Receiving Party does not retain rights hereunder, reproductionsand provide a written certification of such destruction, extracts except that the Receiving Party may retain one copy thereof, to the extent that the Receiving Party requires such Confidential Information for the purpose of performing any obligations or summaries thereof); providedexercising any rights under this Agreement that may survive such expiration or termination, howeveror for archival purposes. Notwithstanding the foregoing, the Receiving Party in possession also shall be permitted to retain such additional copies of tangible property or any computer records or files containing the Disclosing Party’s Confidential Information may retain, subject to that have been created solely by the terms of this Agreement, (a) Confidential Information (i) that a Receiving Party, its Service Providers or their respective Representatives are required to retain by Applicable Law or documented, internal retention policies, or (ii) that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system or form; provided, such copies are not intentionally accessed except where required or requested by Applicable Law or where disclosure is otherwise permitted under this Agreement, or (b) that a Receiving Party’s automatic archiving and back-up procedures, to the extent created and retained in a manner consistent with the Receiving Party’s standard archiving and back-up procedures, but not for any other use or its Service Providers’ Representatives that are accounting firms retain purpose. [*] = Certain confidential information contained in accordance this document, marked by brackets, has been omitted and filed separately with policies the Securities and procedures implemented by such persons in order Exchange Commission pursuant to comply with Applicable Law or professional rules or standards. Such return or destruction shall be certified in writingRule 406 of the Securities Act of 1933, including a statement that no copies of Confidential Information have been kept, except as provided hereinamended.

Return or Destruction of Confidential Information. Following the end of the Termination Period (or the interim servicing period pursuant to Section 17.2(h) to the extent sharing of Confidential Information continues during the Termination Period in accordance with this Agreement)Term, the Receiving Party shall cease using and promptly, at Receiving Party’s option, return to Disclosing Party or arrange for the destruction of any and all the Disclosing Party’s Confidential Information in any media (including any electronic or paper copies, reproductions, extracts or summaries thereof); provided, however, the Receiving Party in possession of tangible property containing the Disclosing Party’s Confidential Information may retain, subject to the terms of this Agreement, (a) Confidential Information (i) that a Receiving Party, its Service Providers or their respective Representatives are required to retain by Applicable Law or documented, internal retention policies, or (ii) that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system or form; provided, such copies are not intentionally accessed except where required or requested by Applicable Law or where disclosure is otherwise permitted under this Agreement, or (b) that a Receiving Party’s or its Service Providers’ Representatives that are accounting firms retain in accordance with policies and procedures implemented by such persons in order to comply with Applicable Law or professional rules or standards. Such return or destruction shall be certified in writing, including a statement that no copies of Confidential Information have been kept, except as provided herein.

Return or Destruction of Confidential Information. Following Upon expiration or termination of this Agreement or, if applicable, the end of the Termination Period (or the interim servicing period pursuant to Section 17.2(h) to the extent sharing of Confidential Information continues during the Termination Period in accordance with this Agreement)Interim Servicing Period, the Receiving Party shall cease using and promptly, at Receiving Party’s option, return to [*] Indicates confidential portions omitted pursuant to a request for confidential treatment filed separately with the Commission. Disclosing Party or arrange for the destruction of any and all the Disclosing Party’s Confidential Information in any media (including any electronic or paper copies, reproductions, extracts or summaries thereof); provided, however, the Receiving Party party in possession of tangible property containing the Disclosing Party’s Confidential Information may retain, subject to the terms of this Agreement, (a) such Confidential Information as may be present in backup, recovery or similar archival or disaster recovery systems, (b) Confidential Information (i) that a Receiving Party, Party or its Service Providers or their respective Representatives representatives are required to retain by Applicable Law or documented, internal retention policies, or (ii) that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system or form; provided, provided such copies are not intentionally accessed except where required or requested by Applicable Law or where disclosure is otherwise permitted under this Agreement, or (bc) that a Receiving Party’s or its Service Providers’ Representatives representatives that are accounting firms retain in accordance with policies and procedures implemented by such persons in order to comply with Applicable Law or professional rules or standards. Such return or destruction shall be certified in writing, including a statement that no copies of Confidential Information have been kept, except as provided herein.

Return or Destruction of Confidential Information. Following Upon expiration or termination of this Agreement or, if applicable, the end of the Termination Period (or the interim servicing period pursuant to Section 17.2(h) to the extent sharing of Confidential Information continues during the Termination Period in accordance with this Agreement)Interim Servicing Period, the Receiving Party shall cease using and promptly, at Receiving Party’s option, return to Disclosing Party or arrange for the destruction of any and all the Disclosing Party’s Confidential [*] Indicates confidential portions omitted pursuant to a request for confidential treatment filed separately with the Commission. Information in any media (including any electronic or paper copies, reproductions, extracts or summaries thereof); provided, however, the Receiving Party party in possession of tangible property containing the Disclosing Party’s Confidential Information may retain, subject to the terms of this Agreement, (a) such Confidential Information as may be present in backup, recovery or similar archival or disaster recovery systems, (b) Confidential Information (i) that a Receiving Party, Party or its Service Providers or their respective Representatives representatives are required to retain by Applicable Law or documented, internal retention policies, or (ii) that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system or form; provided, provided such copies are not intentionally accessed except where required or requested by Applicable Law or where disclosure is otherwise permitted under this Agreement, or (bc) that a Receiving Party’s or its Service Providers’ Representatives representatives that are accounting firms retain in accordance with policies and procedures implemented by such persons in order to comply with Applicable Law or professional rules or standards. Such return or destruction shall be certified in writing, including a statement that no copies of Confidential Information have been kept, except as provided herein.

Return or Destruction of Confidential Information. Following the end Upon expiration or termination of the Termination Period (this Agreement or the interim servicing period pursuant to Section 17.2(h) to the extent sharing of Confidential Information continues during the Termination Period in accordance with this Agreement)any Interim Servicing Period, if applicable, the Receiving Party shall cease using and promptly, at Receiving Party’s option, return to Disclosing Party or arrange for the destruction of any and all the Disclosing Party’s Confidential Information in any media (including any electronic or paper copies, reproductions, extracts or summaries thereof); provided, however, the Receiving Party in possession of tangible property containing the Disclosing Party’s Confidential Information may retain, subject to the terms of this Agreement, (a) such Confidential Information as may be present in backup, recovery or similar archival or disaster recovery systems, (b) Confidential Information (i) that a Receiving Party, Party or its Service Providers or their respective Representatives representatives are required to retain by to comply with Applicable Law or documented, internal retention policies, (ii) that was included in materials provided to Receiving Party’s or its Affiliate’s board of directors and/or committee thereof, and is retained in the corporate minutes of such board of directors or committed there, or (iiiii) that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system or form; provided, provided such copies are not intentionally accessed except where required or requested by Applicable Law or where disclosure is otherwise permitted under this Agreement, or (bc) Confidential Information that a Receiving Party’s or its Service Providers’ Representatives representatives that are legal or accounting firms retain in accordance with policies and procedures implemented by such persons Persons in order to comply with Applicable Law or professional rules or standardsstandards or (d) Confidential Information that is needed to defend any legal claim, which claim is outstanding or threatened on the date of expiration or termination. Such return or destruction shall be certified in writing, including a statement that no copies of Confidential Information have been kept, except as provided herein.

Return or Destruction of Confidential Information. Following Within [***] after the end termination of this Agreement, or upon the written request of the Termination Period (or the interim servicing period pursuant to Section 17.2(h) to the extent sharing of Confidential Information continues during the Termination Period in accordance with this Agreement)Disclosing Party, the Receiving Party shall cease using and promptlyshall, at Receiving the Disclosing Party’s optiondiscretion, promptly destroy or return to the Disclosing Party all documentary, electronic or arrange for the destruction other tangible embodiments of any and all the Disclosing Party’s Confidential Information to which the Receiving Party does not retain rights hereunder and any and all copies thereof, and destroy those portions of any documents that incorporate or are derived from the Disclosing Party’s Confidential Information to which the Receiving Party does not retain rights hereunder, and provide a written certification of such destruction, except that the Receiving Party may retain one copy thereof, to the extent that the Receiving Party requires such Confidential Information for [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Confidential Treatment Requested by Puma Biotechnology, Inc. the purpose of performing any media (including obligations or exercising any electronic rights under this Agreement that may survive such expiration or paper copiestermination, reproductions, extracts or summaries thereof); provided, howeverfor archival purposes. Notwithstanding the foregoing, the Receiving Party in possession also shall be permitted to retain such additional copies of tangible property any computer records or files containing the Disclosing Party’s Confidential Information may retain, subject to that have been created solely by the terms of this Agreement, (a) Confidential Information (i) that a Receiving Party, its Service Providers or their respective Representatives are required to retain by Applicable Law or documented, internal retention policies, or (ii) that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system or form; provided, such copies are not intentionally accessed except where required or requested by Applicable Law or where disclosure is otherwise permitted under this Agreement, or (b) that a Receiving Party’s automatic archiving and back-up procedures, to the extent created and retained in a manner consistent with the Receiving Party’s standard archiving and back-up procedures, but not for any other use or its Service Providers’ Representatives that are accounting firms retain in accordance with policies and procedures implemented by such persons in order to comply with Applicable Law or professional rules or standards. Such return or destruction shall be certified in writing, including a statement that no copies of Confidential Information have been kept, except as provided hereinpurpose.

Return or Destruction of Confidential Information. Following the end of the Termination Period (or the interim servicing period pursuant to Section 17.2(h) to the extent sharing of Confidential Information continues during the Termination Period in accordance with this Agreementif applicable), the Receiving Party shall cease using and promptly, at Receiving Party’s 's option, return to Disclosing Party or arrange for the destruction of any and all the Disclosing Party’s 's Confidential Information in any media (including any electronic or paper copies, reproductions, extracts or summaries thereof); provided, however, the Receiving Party in possession of tangible property containing the Disclosing Party’s 's Confidential Information may retain, subject to the terms of this Agreement, (a) such Confidential Information as may be present in backup, recovery or similar archival or disaster recovery systems, (b) Confidential Information (i) that a Receiving Party, its Service Providers or their respective Representatives are required to retain by Applicable Law or documented, internal retention policies, or (ii) that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system or form; provided, provided such copies are not intentionally accessed except where required or requested by Applicable Law or where disclosure is otherwise permitted under this Agreement, or (bc) that a Receiving Party’s 's or its Service Providers’ ' Representatives that are accounting firms retain in accordance with policies and procedures implemented by such persons in order to comply with Applicable Law or professional rules or standards. Such return or destruction shall be certified in writing, including a statement that no copies of Confidential Information have been kept, except as provided herein.

Return or Destruction of Confidential Information. Following Within [***] after the end earlier of (a) the expiration of the Termination Period Term, (b) the termination of this Agreement in its entirety or with respect to one or more countries in the interim servicing period pursuant to Section 17.2(hTerritory, or (c) to the extent sharing earlier written request of Confidential Information continues during the Termination Period in accordance with this Agreement)Disclosing Party, the each Receiving Party shall cease using and promptly, at Receiving the Disclosing Party’s optiondiscretion, promptly destroy or cause to be destroyed or return or cause to be returned to the Disclosing Party all documentary, electronic or arrange for the destruction other tangible embodiments of any and all the Disclosing Party’s Confidential Information in any media (including any electronic or paper copies, reproductions, extracts or summaries thereof); provided, however, to which the Receiving Party in possession and its Affiliates do not retain rights hereunder and any and all copies thereof, and destroy or cause to be destroyed those portions of tangible property containing any documents that incorporate or are derived from the Disclosing Party’s Confidential Information to which the Receiving Party and its Affiliates do not retain rights hereunder, and provide a written certification of such destruction, except that the Receiving Party may retain, subject to the terms of this Agreement, (a) Confidential Information retain (i) one copy thereof, to the extent that a the Receiving Party, its Service Providers Party requires such Confidential Information for the purpose of performing any obligations or their respective Representatives are required to retain by Applicable Law exercising any rights under this Agreement that may survive such expiration or documented, internal retention policiestermination, or for archival purposes, and (ii) such additional copies thereof or such computer records or files containing such Confidential Information that are automatically retained as part of a computer have been created solely by the Receiving Party’s automatic archiving and back-upup procedures, recovery or similar archival or disaster recovery system or form; provided, such copies are not intentionally accessed except where required or requested by Applicable Law or where disclosure is otherwise permitted under this Agreement, or (b) that to the extent created and retained in a manner consistent with the Receiving Party’s or its Service ProvidersAffiliates’ Representatives that are accounting firms retain in accordance with policies standard archiving and procedures implemented by such persons in order to comply with Applicable Law back-up procedures, but not for any other use or professional rules or standards. Such return or destruction shall be certified in writing, including a statement that no copies of Confidential Information have been kept, except as provided hereinpurpose.

Return or Destruction of Confidential Information. Following the end of the Termination Period (or the interim servicing period pursuant to Section 17.2(h) to the extent sharing of Confidential Information continues during the Termination Period in accordance with this Agreement)Term, the Receiving Party shall cease using and promptly, at Receiving Party’s option, return to Disclosing Party or arrange for the destruction of any and all the Disclosing Party’s Confidential Information in any media (including any electronic or paper copies, reproductions, extracts or summaries thereof); provided, however, the Receiving Party in possession of tangible property containing the Disclosing Party’s Confidential Information may retain, subject to the terms of this Agreement, (a) Confidential Information (i) that a Receiving Party, its Service Providers or their respective Representatives are required to retain by Applicable Law or documented, internal retention policies, or (ii) that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system or form; provided, such copies are not intentionally accessed except where required or requested by Applicable Law or where disclosure is otherwise permitted under this Agreement, or (b) that a Receiving Party’s or its Service Providers’ Representatives that are accounting firms retain in accordance with policies and procedures implemented by such persons in order to comply with Applicable Law or professional rules or standards. Such return or destruction shall be certified in writing, including a statement that no copies of Confidential Information have been kept, except as provided herein. ARTICLE IX DEFAULT; REMEDIES 9.01.

Return or Destruction of Confidential Information. Following the end Upon expiration or termination of the Termination Period (this Agreement or the interim servicing period pursuant to Section 17.2(h) to the extent sharing of Confidential Information continues during the Termination Period in accordance with this Agreement)any Interim Servicing Period, if applicable, the Receiving Party shall cease using and promptly, at Receiving Party’s option, return to Disclosing Party or arrange for the destruction of any and all the Disclosing Party’s Confidential Information in any media (including any electronic or paper copies, reproductions, extracts or summaries thereof); provided, however, the Receiving Party in possession of tangible property containing the Disclosing Party’s Confidential Information may retain, subject to the terms of this Agreement, (a) such Confidential Information as may be present in backup, recovery or similar archival or disaster recovery systems, (b) Confidential Information (i) that a Receiving Party, Party or its Service Providers or their respective Representatives representatives are required to retain by to comply with Applicable Law or documented, internal retention policies, (ii) that was included in materials provided to Receiving Party’s or its Affiliate’s board of directors and/or committee thereof, and is retained in the corporate minutes of such board of directors or committed there, or (iiiii) that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system or form; provided, provided such copies are not intentionally accessed except where required or requested by Applicable Law or where disclosure is otherwise permitted under this Agreement, or (bc) Confidential Information that a Receiving Party’s or its Service Providers’ Representatives representatives that are legal or accounting firms retain in accordance with policies and procedures implemented by such persons Persons in order to comply with Applicable Law or professional rules or standardsstandards or (d) Confidential Information that is needed to defend any legal claim, which claim is outstanding or threatened on the date of expiration or termination. Such return or destruction shall be certified in writing, including a statement that no copies of Confidential Information have been kept, except as provided herein.. ARTICLE XII

Return or Destruction of Confidential Information. Following the end of the Termination Period (or the interim servicing period pursuant to Section 17.2(h) to the extent sharing of Confidential Information continues during the Termination Period in accordance with this Agreementif applicable), the Receiving Party shall cease using and promptly, at Receiving Party’s option, return to Disclosing Party or arrange for the destruction of any and all the Disclosing Party’s Confidential Information in any media (including any electronic or paper copies, reproductions, extracts or summaries thereof); provided, however, the Receiving Party party in possession of tangible property containing the Disclosing Party’s Confidential Information may retain, subject to the terms of this Agreement, (a) such Confidential Information as may be present in backup, recovery or similar archival or disaster recovery systems, (b) Confidential Information (i) that a Receiving Party, its Service Providers or their respective Representatives are required to retain by Applicable Law or documented, internal retention policies, or (ii) that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system or form; provided, provided such copies are not intentionally accessed except where required or requested by Applicable Law or where disclosure is otherwise permitted under this Agreement, or (bc) that a Receiving Party’s or its Service Providers’ Representatives that are accounting firms retain in accordance with policies and procedures implemented by such persons in order to comply with Applicable Law or professional rules or standards. Such return or destruction shall be certified in writing, including a statement that no copies of Confidential Information have been kept, except as provided herein.