Common use of Product Information Clause in Contracts

Product Information. EPIZYME recognizes that by reason of, inter alia, EISAI’s status as an exclusive licensee in the EISAI Territory under this Agreement, EISAI has an interest in EPIZYME’s retention in confidence of certain information of EPIZYME. Accordingly, until the end of all Royalty Term(s) in the EISAI Territory, EPIZYME shall keep confidential, and not publish or otherwise disclose, and not use for any purpose other than to fulfill EPIZYME’s obligations, or exercise EPIZYME’s rights, hereunder any EPIZYME Know-How Controlled by EPIZYME or EPIZYME Collaboration Know-How, in each case that are primarily applicable to EZH2 or EZH2 Compounds (the “Product Information”), except to the extent (a) the Product Information is in the public domain through no fault of EPIZYME, (b) such disclosure or use is expressly permitted under Section 9.3, or (c) such disclosure or use is otherwise expressly permitted by the terms and conditions of this Agreement. For purposes of Section 9.3, each Party shall be deemed to be both the Disclosing Party and the Receiving Party with respect to Product Information. For clarification, the disclosure by EPIZYME to EISAI of Product Information shall not cause such Product Information to cease to be subject to the provisions of this Section 9.2 with respect to the use and disclosure of such Confidential Information by EPIZYME. In the event this Agreement is terminated pursuant to Article 12, this Section 9.2 shall have no continuing force or effect, but the Product Information, to the extent disclosed by EPIZYME to EISAI hereunder, shall continue to be Confidential Information of EPIZYME, subject to the terms of Sections 9.1 and 9.3 for purposes of the surviving provisions of this Agreement. Each Party shall be responsible for compliance by its Affiliates, and its and its Affiliates’ respective officers, directors, employees and agents, with the provisions of Section 9.1 and this Section 9.2.

Product Information. EPIZYME recognizes that by reason of, inter alia, EISAI’s status as an exclusive licensee in the EISAI Territory under this Agreement, EISAI has an interest in EPIZYME’s retention in confidence of certain information of EPIZYME. Accordingly, until the end of all Royalty Term(s) in the EISAI TerritoryTerm, EPIZYME shall keep confidential, and not publish or otherwise disclose, and not use for any purpose other than to fulfill EPIZYME’s obligations, or exercise EPIZYME’s rights, hereunder any EPIZYME Know-How Controlled by EPIZYME or EPIZYME Collaboration Know-How, in each case that are primarily applicable to EZH2 or EZH2 Compounds (the “Product Information”), except to the extent (a) the Product Information is in the public domain through no fault of EPIZYME, (b) such disclosure or use is expressly permitted under Section 9.310.3, or (c) such disclosure or use is otherwise expressly permitted by the terms and conditions of this Agreement. For purposes of Section 9.310.3, each Party shall be deemed to be both the Disclosing Party and the Receiving Party with respect to Product Information. For clarification, the disclosure by EPIZYME to EISAI of Product Information shall not cause such Product Information to cease to be subject to the provisions of this Section 9.2 10.2 with respect to the use and disclosure of such Confidential Information by EPIZYME. In the event this Agreement is terminated pursuant to Article 1213, this Section 9.2 10.2 shall have no continuing force or effect, but the Product Information, to the extent disclosed by EPIZYME to EISAI hereunder, shall continue to be Confidential Information of EPIZYME, subject to the terms of Sections 9.1 10.1 and 9.3 10.3 for purposes of the surviving provisions of this Agreement. Each Party shall be responsible for compliance by its Affiliates, and its and its Affiliates’ respective officers, directors, employees and agents, with the provisions of Section 9.1 10.1 and this Section 9.210.2.

Product Information. EPIZYME Merus recognizes that by reason of, inter aliaamong other things, EISAIIncyte’s status as an exclusive licensee in the EISAI Territory under this Agreement, EISAI Incyte has an interest in EPIZYMEMerus’s retention in confidence maintaining the confidentiality of certain information of EPIZYMEMerus. Accordingly, until during the end of all Royalty Term(s) in the EISAI TerritoryTerm applicable to a Program and except with respect to Program 1, EPIZYME Merus shall, and shall cause its Affiliates and its and their respective officers, directors, employees, and agents to, keep completely confidential, and not publish or otherwise disclose, and not use directly or indirectly for any purpose other than to fulfill EPIZYMEMerus’s obligations, or exercise EPIZYMEMerus’s rights, hereunder any EPIZYME Know-How Confidential Information Controlled by EPIZYME Merus or EPIZYME Collaboration Know-How, in each case that are primarily applicable any of its Affiliates specifically relating to EZH2 any Licensed Antibody or EZH2 Compounds Licensed Product (the “Product Information”), ; except to the extent (a) the Product Information is in the public domain through no fault of EPIZYMEMerus, its Affiliates or any of its or their respective officers, directors, employees, or agents; (b) such disclosure or use is expressly permitted under Section 9.3, 13.3 or (c) such disclosure or use is otherwise expressly permitted by the terms and conditions of this Agreement. For purposes of Section 9.3, each Party 13.2 Incyte shall be deemed to be both the Disclosing Party and the Receiving disclosing Party with respect to Product InformationInformation under Section 13.2 and Merus shall be deemed to be the receiving Party with respect thereto. For further clarification, (i) without limiting this Section 13.1, to the extent Product Information is disclosed by Merus to Incyte pursuant to this Agreement, such information shall, subject to the other terms and conditions of this Article XIII, also constitute Confidential Information of Merus with respect to the use and disclosure of such Information by Merus, but (ii) the disclosure by EPIZYME Merus to EISAI Incyte of Product Information shall not cause such Product Information information to cease to be subject to the provisions of this Section 9.2 13.1 with respect to the use and disclosure of such Confidential Information by EPIZYMEMerus. In the event (A) this Agreement is terminated pursuant in its entirety or with respect to Article 12a Terminated Program, or (B) a Program becomes a Dropped Program under Section 4.8, this Section 9.2 13.1 shall have no continuing force or effecteffect with respect to the use or disclosure of such information solely in connection with Terminated Program(s) or Dropped Program (other than any such information relating to the Selected Monoclonal Antibodies), but the Product Information, to the extent disclosed by EPIZYME Incyte to EISAI Merus hereunder, shall continue to be Confidential Information of EPIZYME, subject to the terms of Sections 9.1 and 9.3 Incyte for purposes of the surviving provisions of this Agreement. Each Party shall be responsible for compliance by its Affiliates, and its and its Affiliates’ respective officers, directors, employees and agents, with the provisions of Section 9.1 and this Section 9.2.

Product Information. EPIZYME Ablynx recognizes that by reason of, inter alia, EISAIAbbVie’s status as an exclusive licensee in pursuant to the EISAI Territory grants under this AgreementSection 5.2, EISAI AbbVie has an interest in EPIZYMEAblynx’s retention in confidence of certain information Information of EPIZYMEAblynx. Accordingly, until during the end of all Royalty Term(s) in the EISAI TerritoryTerm, EPIZYME Ablynx shall, and shall cause its Affiliates and its and their respective officers, directors, employees, and agents to, keep completely confidential, and not publish or otherwise disclose, and not use directly or indirectly for any purpose other than to fulfill EPIZYMEAblynx’s obligationsobligations hereunder any Information Controlled by Ablynx or any of its Affiliates relating to any Licensed Compound or Licensed Product, or exercise EPIZYME’s rights, hereunder the Exploitation of any EPIZYME Know-How Controlled by EPIZYME or EPIZYME Collaboration Know-How, in each case that are primarily applicable to EZH2 or EZH2 Compounds of the foregoing (the “Product Information”), ; except to the extent (ai) the Product Information is in the public domain through no fault of EPIZYMEAblynx, its Affiliates specifically or any of its or their respective officers, directors, employees, or agents, (bii) such disclosure or use is expressly permitted under Section 9.3, or (ciii) such disclosure or use is otherwise expressly permitted by the terms and conditions of this Agreement. For purposes of Section 9.3, each Party AbbVie shall be deemed to be both the Disclosing Party and the Receiving disclosing Party with respect to Product InformationInformation under Section 9.3 and Ablynx shall be deemed to be the receiving Party with respect thereto. For further clarification, (x) without limiting this Section 9.1, to the extent Product Information is disclosed by Ablynx to AbbVie pursuant to this Agreement, such Information shall, subject to the other terms and conditions of this Article 9, also constitute Confidential Information of Ablynx with respect to the use and disclosure of such Information by Ablynx (and Ablynx shall be deemed to be the disclosing Party with respect to Product CONFIDENTIAL TREATMENT REQUESTED. INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND MARKED WITH “[...***...]”. AN UNREDACTED VERSION OF THE DOCUMENT HAS ALSO BEEN FURNISHED SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION AS REQUIRED BY RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Information under Section 9.3 and AbbVie shall be deemed to be the receiving Party with respect thereto), but (y) the disclosure by EPIZYME Ablynx to EISAI AbbVie of Product Information shall not cause such Product Information to cease to be subject to the provisions of this Section 9.2 9.1 with respect to the use and disclosure of such Confidential Information by EPIZYMEAblynx. In the event If this Agreement is terminated pursuant in its entirety or with respect to Article 12the Terminated Territory, this Section 9.2 9.1 shall have no continuing force or effecteffect with respect to the use or disclosure of such Information solely in connection with the Exploitation of the Licensed Compound or Licensed Product for the benefit of the Terminated Territory, but the Product Information, to the extent disclosed by EPIZYME AbbVie to EISAI Ablynx hereunder, shall continue to be Confidential Information of EPIZYMEAbbVie, subject to the terms of Sections 9.1 9.2, 9.3, and 9.3 9.6 for purposes of the surviving provisions of this Agreement. Each Party shall be responsible for compliance by its Affiliates, and its and its Affiliates’ respective officers, directors, employees and agents, with the provisions of Section 9.1 and this Section 9.2.

Product Information. EPIZYME Galapagos recognizes that by reason of, inter alia, EISAI’s Xxxxxx’x status as an exclusive licensee in pursuant to the EISAI Territory grants under this AgreementSection 5.2, EISAI Xxxxxx has an interest in EPIZYME’s Galapagos’ retention in confidence of certain information of EPIZYMEGalapagos. Accordingly, until during the end of all Royalty Term(s) in the EISAI TerritoryTerm, EPIZYME Galapagos shall, and shall cause its Affiliates and its and their respective officers, directors, employees, and agents to, keep completely confidential, and not publish or otherwise disclose, and not use directly or indirectly for any purpose other than to fulfill EPIZYME’s obligationsGalapagos’ obligations hereunder any Information owned or otherwise Controlled by Galapagos or any of its Affiliates specifically relating to any Licensed Compound or Licensed Product, or exercise EPIZYME’s rights, hereunder the Exploitation of any EPIZYME Know-How Controlled by EPIZYME or EPIZYME Collaboration Know-How, in each case that are primarily applicable to EZH2 or EZH2 Compounds of the foregoing (the “Product Information”), ; except to the extent (ax) the Product Information is in the public domain through no fault of EPIZYMEGalapagos, its Affiliates or any of its or their respective officers, directors, employees, or agents; (by) such disclosure or use is expressly permitted under Section 9.3, or (cz) such disclosure or use is otherwise expressly permitted by the terms and conditions of this Agreement. For purposes of Section 9.3, each Party Xxxxxx shall be deemed to be both the Disclosing Party and the Receiving disclosing Party with respect to Product InformationInformation under Section 9.3 and Galapagos shall be deemed to be the receiving Party with respect thereto. For further clarification, (i) without limiting this Section 9.1, to the extent Product Information is disclosed by Galapagos to Xxxxxx pursuant to this Agreement, such information shall, subject to the other terms and conditions of this Article 9, also constitute Confidential Information of Galapagos with respect to the use and disclosure of such Information by Galapagos (and Galapagos shall be deemed to be the disclosing Party with respect to Product Information under Section 9.3 and Xxxxxx shall be deemed to be the receiving Party with respect thereto), but (ii) the disclosure by EPIZYME Galapagos to EISAI Xxxxxx of Product Information shall not cause such Product Information information to cease to be subject to the provisions of this Section 9.2 9.1 with respect to the use and disclosure of such Confidential Information by EPIZYMEGalapagos. In the event If this Agreement is terminated pursuant in its entirety or with respect to Article 12the Terminated Territory, this Section 9.2 9.1 shall have no continuing force or effecteffect with respect to the use or disclosure of such information solely in connection with the Exploitation of the Licensed Compound or Licensed Product for the benefit of the Terminated Territory, but the Product Information, to the extent disclosed by EPIZYME Xxxxxx to EISAI Galapagos hereunder, shall continue to be Confidential Information of EPIZYMEXxxxxx, subject to the terms of Sections 9.1 9.2, 9.3, and 9.3 9.7 for purposes of the surviving provisions of this Agreement. Each Party shall be responsible for compliance by its Affiliates, and its and its Affiliates’ respective officers, directors, employees and agents, with the provisions of Section 9.1 and this Section 9.2.

Product Information. EPIZYME Xxxxxxx recognizes that by reason of, inter alia, EISAIForest’s status as an exclusive licensee in pursuant to the EISAI Territory grants under this AgreementSection 2.1, EISAI Forest has an interest in EPIZYME’s Xxxxxxx’x retention in confidence of certain information of EPIZYMEXxxxxxx. Accordingly, until during the end of all Royalty Term(s) in the EISAI TerritoryTerm, EPIZYME Xxxxxxx 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, and not use directly or indirectly for any purpose other than to fulfill EPIZYME’s obligationsXxxxxxx’x obligations hereunder, any Information provided by or on behalf of Xxxxxxx to Forest in connection with this Agreement, whether prior to, on or after the Effective Date, relating to any Licensed Compound or Licensed Product, or exercise EPIZYME’s rights, hereunder the Exploitation of any EPIZYME Know-How Controlled by EPIZYME or EPIZYME Collaboration Know-How, in each case that are primarily applicable to EZH2 or EZH2 Compounds of the foregoing (the “Product Information”), ; except to the [*] = 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. 50 extent (a) the Product Information is in the public domain through no fault of EPIZYMEXxxxxxx, its Affiliates or any of its or their respective officers, directors, employees, or agents; or (b) such disclosure or use is expressly permitted under Section 9.38.4 or Section 8.6. Notwithstanding the foregoing, or with respect to any Product Information that does not primarily relate to the Licensed Compounds, Xxxxxxx shall have the right to use (cbut, for clarity, not to disclose) such disclosure Product Information in its other programs, including to develop and commercialize products other than the Licensed Products or use compounds other than the Licensed Compounds. For clarity, any uses or disclosures permitted under this Section 8.1 shall not limit Xxxxxxx’x obligations under Section 2.8. For purposes of Section 8.4, and notwithstanding anything in Section 8.3.2 or Section 8.3.5 to the contrary, Forest shall be deemed to be the disclosing Party with respect to Product Information under Section 8.4 and Xxxxxxx shall be deemed to be the receiving Party with respect thereto. For further clarification, without limiting this Section 8.1, to the extent Product Information is otherwise expressly permitted disclosed by Xxxxxxx to Forest pursuant to this Agreement, such information shall, subject to the other terms and conditions of this Agreement. For purposes ARTICLE 8, also constitute Confidential Information of Section 9.3, each Party shall be deemed to be both the Disclosing Party and the Receiving Party with respect to Product Information. For clarification, the disclosure by EPIZYME to EISAI of Product Information shall not cause such Product Information to cease to be subject to the provisions of this Section 9.2 Xxxxxxx with respect to the use and disclosure of such Confidential Information by EPIZYMEForest (and Xxxxxxx shall be deemed to be the disclosing Party with respect to Product Information under Section 8.4 and Forest shall be deemed to be the receiving Party with respect thereto). In the event this Agreement is terminated pursuant to Article 12in its entirety, this Section 9.2 8.1 shall have no continuing force or effecteffect with respect to the use or disclosure of such information solely in connection with the Exploitation of the Licensed Compounds or Licensed Products, but the Product Information, to the extent disclosed by EPIZYME Xxxxxxx to EISAI Forest hereunder, shall continue to be Confidential Information of EPIZYMEXxxxxxx, subject to the terms of Sections 9.1 Section 8.2, Section 8.4, Section 8.5 and 9.3 for purposes of the surviving provisions of this Agreement. Each Party shall be responsible for compliance by its Affiliates, and its and its Affiliates’ respective officers, directors, employees and agents, with the provisions of Section 9.1 and this Section 9.28.10.

Product Information. EPIZYME Galapagos recognizes that by reason of, inter alia, EISAIAbbVie’s status as an exclusive licensee in pursuant to the EISAI Territory grants under this AgreementSection 5.1, EISAI AbbVie has an interest in EPIZYME’s Galapagos’ retention in confidence of certain information Information of EPIZYMEGalapagos. Accordingly, until during the end of all Royalty Term(s) in the EISAI TerritoryTerm, EPIZYME Galapagos shall, and shall cause its Affiliates and its and their respective officers, directors, employees, and agents to, keep completely confidential, and not publish or otherwise disclose, and not use directly or indirectly for any purpose other than to fulfill EPIZYME’s obligationsGalapagos’ obligations hereunder any Information Controlled by Galapagos or any of its Affiliates specifically relating to any Molecule or Product, or exercise EPIZYME’s rights, hereunder the Exploitation of any EPIZYME Know-How Controlled by EPIZYME or EPIZYME Collaboration Know-How, in each case that are primarily applicable to EZH2 or EZH2 Compounds of the foregoing (the “Product Information”), ; except to the extent (ai) the Product Information is in the public domain through no fault of EPIZYMEGalapagos, its Affiliates or any of its or their respective officers, directors, employees, or agents, (bii) such disclosure or use is expressly permitted under Section 9.3, or (ciii) such disclosure or use is otherwise expressly permitted by the terms and conditions of this Agreement. For purposes of Section 9.3, each Party AbbVie shall be deemed to be both the Disclosing Party and the Receiving disclosing Party with respect to Product InformationInformation under Section 9.3 and Galapagos shall be deemed to be the receiving Party with respect thereto. For further clarification, (a) without limiting this Section 9.1, to the extent Product Information is disclosed by Galapagos to AbbVie pursuant to this Agreement, such Information shall, subject to the other terms and conditions of this Article 9, also constitute Confidential Information of Galapagos with respect to the use and disclosure of such Information by AbbVie (and Galapagos shall be deemed to be the disclosing Party with respect to Product Information under Section 9.3 and AbbVie shall be deemed to be the receiving Party with respect thereto), but (b) the disclosure by EPIZYME Galapagos to EISAI AbbVie of Product Information shall not cause such Product Information to cease to be subject to the provisions of this Section 9.2 9.1 with respect to the use and disclosure of such Confidential Information by EPIZYMEGalapagos. In the event If this Agreement is terminated in its entirety or with respect to the Terminated Territory and, as a result of such termination, Galapagos obtains a license with respect to the Terminated Territory pursuant to Article 12Sections 12.6 or 12.7, this Section 9.2 9.1 shall have no continuing ***Confidential Treatment Requested*** force or effecteffect with respect to the use or disclosure of such Information solely in connection with the Exploitation of the Molecule or Product for the benefit of the Terminated Territory, but the Product Information, to the extent disclosed by EPIZYME Galapagos to EISAI AbbVie hereunder, shall continue to be Confidential Information of EPIZYMEGalapagos, subject to the terms of Sections 9.1 9.2 and 9.3 for purposes of the surviving provisions of this Agreement. Each Party shall be responsible for compliance by its Affiliates, and its and its Affiliates’ respective officers, directors, employees and agents, with the provisions of Section 9.1 and this Section 9.2.

Product Information. EPIZYME recognizes (a) The Progenics Parties recognize that by reason of, inter alia, EISAISalix’s status as an exclusive licensee in pursuant to the EISAI Territory grants under this AgreementSection 2.1, EISAI Salix has an interest in EPIZYME’s the Progenics Parties’ retention in confidence of certain information of EPIZYMEthe Progenics Parties. Accordingly, until during the end of all Royalty Term(s) in Term, the EISAI TerritoryProgenics Parties shall, EPIZYME and shall cause their Affiliates and their respective officers, directors, employees, and agents to, keep confidential, and not publish or otherwise disclose, and not use directly or indirectly for any purpose other than to fulfill EPIZYME’s the Progenics Parties’ obligations, or exercise EPIZYME’s the Progenics Parties’ rights, hereunder or under any EPIZYME Know-How Controlled Subject Agreement or Related Agreement, any data or information owned or possessed by EPIZYME the Progenics Parties or EPIZYME Collaboration Know-Howany of their Affiliates that relates to the Compound or any Product for use in the Field, in each case that are primarily applicable to EZH2 or EZH2 Compounds the Manufacturing, Development or Commercialization of any of the foregoing (the “Product Information”), ; except to the extent (ai) the Progenics Parties’ Product Information is in the public domain through no fault of EPIZYMEthe Progenics Parties or their Affiliates or any of their respective officers, directors, employees, or agents (bincluding pursuant to disclosure as contemplated by Section 9.2(l)(i)); (ii) such disclosure or use is expressly permitted under Section 9.38.3, or (ciii) such disclosure or use is at such time otherwise expressly permitted by the terms and conditions of this Agreement. For purposes of Section 9.38.3, each Salix shall be deemed to be the Disclosing Party with respect to the Progenics Parties’ Product Information under Section 8.3 and the Progenics Parties shall be deemed to be the Receiving Party with respect thereto. For further clarification, (i) without limiting this Section 8.1(a), to the extent the Progenics Parties’ Product Information is disclosed by the Progenics Parties to Salix pursuant to this Agreement, such information shall, subject to the other terms and conditions of this Article 8, also constitute Confidential Information of the disclosing Progenics Party with respect to the use and disclosure of such data or information by Salix (and the Progenics Party shall be deemed to be both the Disclosing Party with respect to such Product Information under Section 8.3 and Salix shall be deemed to be the Receiving Party with respect to Product Information. For clarificationthereto), but (ii) the disclosure by EPIZYME a Progenics Party to EISAI Salix of the Progenics Parties’ Product Information shall not cause such Product Information information to cease to be subject to the provisions of this Section 9.2 8.1(a) with respect to the use and disclosure of such Confidential Information by EPIZYMEthe disclosing Progenics Party. In the event this Agreement is terminated pursuant to Article 12terminated, this Section 9.2 8.1(a) shall have no continuing force or effecteffect with respect to the use or disclosure of such information, but the Product Information, Information disclosed by Salix to the extent disclosed by EPIZYME to EISAI hereunder, Progenics Parties hereunder shall continue to be Confidential Information of EPIZYMESalix, subject to the terms of Sections 9.1 8.2, 8.3, and 9.3 8.5 for purposes of the surviving provisions of this Agreement. Each Party shall be responsible for compliance by its Affiliates, and its and its Affiliates’ respective officers, directors, employees and agents, with the provisions of Section 9.1 and this Section 9.2.

Product Information. EPIZYME Ablynx recognizes that by reason of, inter alia, EISAIAbbVie’s status as an exclusive licensee in pursuant to the EISAI Territory grants under this AgreementSection 5.2, EISAI AbbVie has an interest in EPIZYMEAblynx’s retention in confidence of certain information Information of EPIZYMEAblynx. Accordingly, until during the end of all Royalty Term(s) in the EISAI TerritoryTerm, EPIZYME Ablynx shall, and shall cause its Affiliates and its and their respective officers, directors, employees, and agents to, keep completely confidential, and not publish or otherwise disclose, and not use directly or indirectly for any purpose other than to fulfill EPIZYMEAblynx’s obligationsCONFIDENTIAL TREATMENT REQUESTED. INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND MARKED WITH “[...***...]”. AN UNREDACTED VERSION OF THE DOCUMENT HAS ALSO BEEN FURNISHED SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION AS REQUIRED BY RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. obligations hereunder any Information Controlled by Ablynx or any of its Affiliates relating to any Licensed Compound or Licensed Product, or exercise EPIZYME’s rights, hereunder the Exploitation of any EPIZYME Know-How Controlled by EPIZYME or EPIZYME Collaboration Know-How, in each case that are primarily applicable to EZH2 or EZH2 Compounds of the foregoing (the “Product Information”), ; except to the extent (ai) the Product Information is in the public domain through no fault of EPIZYMEAblynx, its Affiliates specifically or any of its or their respective officers, directors, employees, or agents, (bii) such disclosure or use is expressly permitted under Section 9.3, or (ciii) such disclosure or use is otherwise expressly permitted by the terms and conditions of this Agreement. For purposes of Section 9.3, each Party AbbVie shall be deemed to be both the Disclosing Party and the Receiving disclosing Party with respect to Product InformationInformation under Section 9.3 and Ablynx shall be deemed to be the receiving Party with respect thereto. For further clarification, (x) without limiting this Section 9.1, to the extent Product Information is disclosed by Ablynx to AbbVie pursuant to this Agreement, such Information shall, subject to the other terms and conditions of this Article 9, also constitute Confidential Information of Ablynx with respect to the use and disclosure of such Information by Ablynx (and Ablynx shall be deemed to be the disclosing Party with respect to Product Information under Section 9.3 and AbbVie shall be deemed to be the receiving Party with respect thereto), but (y) the disclosure by EPIZYME Ablynx to EISAI AbbVie of Product Information shall not cause such Product Information to cease to be subject to the provisions of this Section 9.2 9.1 with respect to the use and disclosure of such Confidential Information by EPIZYMEAblynx. In the event If this Agreement is terminated pursuant in its entirety or with respect to Article 12the Terminated Territory, this Section 9.2 9.1 shall have no continuing force or effecteffect with respect to the use or disclosure of such Information solely in connection with the Exploitation of the Licensed Compound or Licensed Product for the benefit of the Terminated Territory, but the Product Information, to the extent disclosed by EPIZYME AbbVie to EISAI Ablynx hereunder, shall continue to be Confidential Information of EPIZYMEAbbVie, subject to the terms of Sections 9.1 9.2, 9.3, and 9.3 9.6 for purposes of the surviving provisions of this Agreement. Each Party shall be responsible for compliance by its Affiliates, and its and its Affiliates’ respective officers, directors, employees and agents, with the provisions of Section 9.1 and this Section 9.2.

Product Information. EPIZYME Galapagos recognizes that by reason of, inter alia, EISAIAbbVie’s status as an exclusive licensee in pursuant to the EISAI Territory grants under this AgreementSection 5.1, EISAI AbbVie has an interest in EPIZYME’s Galapagos’ retention in confidence of certain information Information of EPIZYMEGalapagos. Accordingly, until during the end of all Royalty Term(s) in the EISAI TerritoryTerm, EPIZYME Galapagos shall, and shall cause its Affiliates and its and their respective officers, directors, employees, and agents to, keep completely confidential, and not publish or otherwise disclose, and not use directly or indirectly for any purpose other than to fulfill EPIZYME’s obligationsGalapagos’ obligations hereunder any Information Controlled by Galapagos or any of its Affiliates specifically relating to any Molecule or Product, or exercise EPIZYME’s rights, hereunder the Exploitation of any EPIZYME Know-How Controlled by EPIZYME or EPIZYME Collaboration Know-How, in each case that are primarily applicable to EZH2 or EZH2 Compounds of the foregoing (the “Product Information”), ; except to the extent (ai) the Product Information is in the public domain through no fault of EPIZYMEGalapagos, its Affiliates or any of its or their respective officers, directors, employees, or agents, (bii) such disclosure or use is expressly permitted under Section 9.3, or (ciii) such disclosure or use is otherwise expressly permitted by the terms and conditions of this Agreement. For purposes of Section 9.3, each Party AbbVie shall be deemed to be both the Disclosing Party and the Receiving disclosing Party with respect to Product InformationInformation under Section 9.3 and Galapagos shall be deemed to be the receiving Party with respect thereto. For further clarification, (a) without limiting this Section 9.1, to the extent Product Information is disclosed by Galapagos to AbbVie pursuant to * Confidential information, indicated by [...***...], has been omitted from this filing and filed separately with the U.S. Securities and Exchange Commission. this Agreement, such Information shall, subject to the other terms and conditions of this Article 9, also constitute Confidential Information of Galapagos with respect to the use and disclosure of such Information by AbbVie (and Galapagos shall be deemed to be the disclosing Party with respect to Product Information under Section 9.3 and AbbVie shall be deemed to be the receiving Party with respect thereto), but (b) the disclosure by EPIZYME Galapagos to EISAI AbbVie of Product Information shall not cause such Product Information to cease to be subject to the provisions of this Section 9.2 9.1 with respect to the use and disclosure of such Confidential Information by EPIZYMEGalapagos. In the event If this Agreement is terminated in its entirety or with respect to the Terminated Territory and, as a result of such termination, Galapagos obtains a license with respect to the Terminated Territory pursuant to Article 12Sections 12.6 or 12.7, this Section 9.2 9.1 shall have no continuing force or effecteffect with respect to the use or disclosure of such Information solely in connection with the Exploitation of the Molecule or Product for the benefit of the Terminated Territory, but the Product Information, to the extent disclosed by EPIZYME Galapagos to EISAI AbbVie hereunder, shall continue to be Confidential Information of EPIZYMEGalapagos, subject to the terms of Sections 9.1 9.2 and 9.3 for purposes of the surviving provisions of this Agreement. Each Party shall be responsible for compliance by its Affiliates, and its and its Affiliates’ respective officers, directors, employees and agents, with the provisions of Section 9.1 and this Section 9.2.