Disclosing Party Uses in Authorized Disclosure Clause

Authorized Disclosure from Commercial Supply Agreement

THIS SUPPLY AGREEMENT (the Agreement) is entered into as of October 12, 2006 (the Effective Date), by and between AMYLIN PHARMACEUTICALS, INC. (Company), having its principal place of business located at 9360 Towne Centre Drive, Suite 110, San Diego, CA 92121, U.S.A., and Wockhardt UK (Holdings) Ltd. (Manufacturer), having its registered office at Ash Road North, Wrexham Industrial Estate, Wrexham LL13 9UF, United Kingdom.

Authorized Disclosure. Notwithstanding Section 6.1, the Receiving Party may disclose Confidential Information, without violating the obligations of this Agreement, to the extent the disclosure is required by Applicable Laws or a valid order of a court or other governmental body having jurisdiction; provided that the Receiving Party gives reasonable prior written notice to the Disclosing Party of such required disclosure and makes a reasonable effort to obtain, or to assist the Disclosing Party in obtaining, a protective order preventing or limiting the disclosure and/or requiring that the Confidential Information so disclosed be used only for the purposes for which the law or regulation requires, or for which the order was issued. Further, the Receiving Party may disclose Confidential Information of the Disclosing Party solely to the extent (a) such disclosure is reasonably necessary in advising investors and the investment community of the results of the research, development or commercialization activities hereunder (subject to the prior written consent of the Disclosing Party, which consent will not be unreasonably withheld), or (b) such disclosure is made to Affiliates, employees, consultants or agents to other third parties in connection with due diligence by such Third Parties, or to potential third party investors in confidential financing documents, provided, in each case, that any such Affiliate, employee, consultant, agent or third party is subject to confidentiality and non-use obligations with respect to such information.

Authorized Disclosure from Non Exclusive License Agreement

THIS NON-EXCLUSIVE LICENSE AGREEMENT (the Agreement) is entered into as of January 8, 2007 (the Effective Date), by and between ALTHEA TECHNOLOGIES, INC., a Delaware corporation, having offices at 11040 Roselle Street, San Diego, CA 92121 (Althea), and VALENTIS, INC., a Delaware corporation, having offices at 863A Mitten Road, Burlingame, CA 94010 (Valentis).

Authorized Disclosure. Notwithstanding Section 4.1, the Receiving Party may disclose Confidential Information, without violating the obligations of this Agreement, to the extent the disclosure is required by a valid order of a court or other governmental body having jurisdiction; provided, that, the Receiving Party gives reasonable prior written notice to the Disclosing Party of such required disclosure and makes a reasonable effort to obtain, or to assist the Disclosing Party in obtaining, a protective order preventing or limiting the disclosure and/or requiring that the Confidential Information so disclosed be used only for the purposes for which the law or regulation requires, or for which the order was issued.