0001140361-19-022636 Sample Contracts

AMENDED AND RESTATED MUTUAL CONFIDENTIAL DISCLOSURE AGREEMENT
Mutual Confidential Disclosure Agreement • December 16th, 2019 • Merck & Co., Inc. • Pharmaceutical preparations • New York

This Amended and Restated Mutual Confidential Disclosure Agreement (this "Agreement"), effective as of the date of last signature below (the "Effective Date"), is entered into by and between Merck Sharp & Dohme Corp., having an address of 2000 Galloping Hill Road, Kenilworth, New Jersey 07033 (hereinafter referred to as "Merck") and ArQule, Inc., having an address of One Wall Street, Burlington, Massachusetts 01803 (hereinafter referred to as "ArQule") (each a "Party" and collectively, the "Parties") and sets forth the terms and conditions under which the Parties will exchange certain proprietary and confidential information/data related to ArQule's business, and its clinical pipeline of orally bioavailable product candidates, including BTK inhibitor ARQ 531 (the "Lead Compound") and Merck's interest therein (hereinafter collectively referred to as "Subject Matter").

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Joint Filing Agreement
Joint Filing Agreement • December 16th, 2019 • Merck & Co., Inc. • Pharmaceutical preparations

In accordance with Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended, the persons named below agree to the joint filing on behalf of each of them of a statement on Schedule 13D (including amendments thereto) with respect to the common stock, par value $0.01 per share, of ArQule, Inc., a Delaware corporation, and further agree that this Joint Filing Agreement be included as an Exhibit to such joint filings. In evidence thereof, the undersigned, being duly authorized, have executed this Joint Filing Agreement as of the date set forth below.

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