Common use of Access to Information; Confidentiality Clause in Contracts

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties hereto.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during (a) From the period prior to date hereof until the Effective Time to or the earlier termination of this Agreement in accordance with its and to the Company’s propertiesterms, books, contracts, commitments, personnel and records and, during such periodupon reasonable prior notice, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy each of the representations Company Subsidiaries to afford to Parent and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with Parent’s Representatives reasonable access during normal business hours to its the Company or the Company Subsidiaries’ officers, properties, booksContracts, contracts, commitments, personnel books and records as may be necessary to enable the records. The Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request Parent (i) a copy of each report, schedule, registration statement schedule and other document filed or submitted by it during such period pursuant to the requirements of federal or state securities laws Laws and a copy of any communication (including “comment letters”) received by the Company from the SEC concerning compliance with securities Laws and (ii) all other relevant information concerning its the business, properties, financial condition, operations properties and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will holdthe Company Subsidiaries, in each case, as Parent may reasonably request in connection with the Merger and this Agreement. From the date hereof until the Effective Time or the earlier termination of this Agreement in accordance with its terms, upon reasonable prior notice, Parent shall, and will shall cause its respective directors, each of the Parent Subsidiaries to afford to the Company and the Company’s Representatives reasonable access during normal business hours to Parent or the Parent Subsidiaries’ officers, employeesproperties, accountantsContracts, books and records in each case relating solely to the SpinCo Business, SpinCo Assets, SpinCo Liabilities or SpinCo Employees. Parent shall furnish promptly to the Company all relevant information concerning the business, properties and personnel of Parent and the Parent Subsidiaries, in each case, as the Company may reasonably request solely in connection with the Separation, the Distribution and this Agreement. Notwithstanding the foregoing provisions of this Section 6.7(a), the Company or Parent, as applicable (the “Disclosing Party”), shall not be required to, or to cause any of its Subsidiaries to, grant such access if the Disclosing Party reasonably determines that it would (A) disrupt or impair in any material respect the business or operations of the Disclosing Party or any of its Subsidiaries, (B) constitute a violation of any Contract with respect to confidentiality or non-disclosure obligations owing to a third party (including any Governmental Entity) to which the Disclosing Party or any of its Subsidiaries is a party, (C) constitute a violation of any applicable Law, (D) not be reasonably feasible as a result of COVID-19 or any COVID-19 Measures, (E) result in the disclosure of any trade secrets, or (F) result in a waiver of attorney-client privilege, work product doctrine or similar privilege. The Disclosing Party will use commercially reasonable efforts to make appropriate substitute disclosure arrangements under circumstances in which the restrictions of the preceding sentence apply. Without limiting the generality of the other provisions of this Section 6.7 or anything to the contrary in Section 6.15, the Disclosing Party, after consultation with its outside legal counsel, financial advisors may reasonably designate competitively sensitive information and other representatives documents as “Outside Counsel Only Information,” and affiliates such information and documents shall only be provided to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties the outside legal counsel of the Parties herein other Party, or subject to such other similar restrictions mutually agreed to by the conditions Company and Parent, and subject to any amendment, supplement or other modification to the obligations Confidentiality Agreement, the Clean Team Agreement or additional confidentiality or joint defense agreement between the Company and Parent. (b) The Confidentiality Agreement dated as of May 26, 2022 between Parent and the Parties heretoCompany (the “Confidentiality Agreement”) and the Clean Team Confidentiality Agreement dated as of May 26, 2022 between Parent and the Company (the “Clean Team Agreement”) shall survive the execution and delivery of this Agreement and shall apply to all information furnished thereunder or hereunder.

Access to Information; Confidentiality. The Company shallSubject to applicable law, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours Subsidiaries shall afford to its propertiesParent, books, contracts, commitments, personnel Merger Sub and records as may be necessary to enable the Company to confirm the accuracy of the representations their financing sources and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its their respective directors, officers, employees, accountants, counsel, financial advisors and other representatives (the "Parent Representatives") reasonable access during normal business hours upon reasonable notice throughout the period prior to the Effective Time to their respective properties, books, contracts, commitments and affiliates to holdrecords and, any during such period, shall furnish promptly such information concerning its businesses, properties and personnel as Parent or Merger Sub shall reasonably request; provided, however, such investigation shall not unreasonably disrupt the Company's operations. All nonpublic information provided to, or obtained by, Parent, Merger Sub or any such financing source in confidenceconnection with the transactions contemplated hereby shall be "Confidential Information" for purposes of the Confidentiality Agreement dated February 19, 2003 between Parent and the Company (the "Confidentiality Agreement"), the terms of which shall continue in force until the Effective Time; provided that Parent, Merger Sub and the Company may disclose such information as may be necessary in connection with seeking the Parent Required Statutory Approvals and the Company Required Statutory Approvals. • Notwithstanding the foregoing, the Company shall not be required to provide any information which it reasonably believes it may not provide to Parent by reason of applicable law, rules or regulations, which constitutes information protected by attorney/client privilege, or which the Company or any Subsidiary is required to keep confidential by reason of contract, agreement or understanding with third parties; provided that, with respect to any such information, the Company shall, or shall cause the relevant Subsidiary to, provide the maximum amount of that information (or shall endeavor to otherwise convey that information in a manner) that is consistent with the applicable law, rule or regulation, the maintenance of that privilege or the terms of the relevant contract, as applicable. No investigation pursuant to this Section 4.01 5.04(a) shall affect or be deemed to modify any representations representation or warranties warranty in this Agreement of the Parties herein any party hereto or the conditions any condition to the obligations of the Parties parties hereto. Notwithstanding anything herein to the contrary, any party to this Agreement (and each employee, representative, or other agent of such parties) may disclose to any and all persons, without limitation of any kind, the U.S. "tax treatment" or "tax structure" (in each case, within the meaning of Treasury Regulation section 1.6011-4) of the transactions contemplated hereunder and all materials of any kind (including opinions or other tax analysis, but without disclosure of identifying information or, except to the extent relating to such U.S. "tax treatment" or "tax structure," any non-public commercial or financial information) that are provided to such parties relating to such U.S. "tax treatment" and "tax structure" (in each case, within the meaning of Treasury Regulation section 1.6011-4); provided, that such disclosure may not be made until the earlier of (x) the date of public announcement of discussions relating to the transactions contemplated by this Agreement, (y) the date of the public announcement of the transactions contemplated by this Agreement, or (z) the date of execution of this Agreement. Moreover, notwithstanding anything herein to the contrary, there shall be no limitation on any party's ability to consult any tax adviser, whether or not independent from the parties, regarding the U.S. "tax treatment" or "tax structure" of the transactions contemplated by this Agreement. The intent of this provision is that the transactions contemplated by the Agreement are not treated as having been offered under conditions of confidentiality for purposes of Treasury Regulation section 1.6011-4(b)(3) and shall be construed in a manner consistent with such purpose.

Access to Information; Confidentiality. The Company shallSubject to applicable Law and any applicable Judgment, between the date of this Agreement and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior to earlier of the Effective Time and the termination of this Agreement pursuant to its and to the Company’s propertiesSection 8.01, books, contracts, commitments, personnel and records and, during such periodupon reasonable notice, the Company shall, and shall cause its officers, employees and representatives the Company Subsidiaries to, furnish promptly afford to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations Parent and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations Parent’s Representatives and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with Debt Financing Sources reasonable access during normal business hours to its the officers, employees, agents, properties, books, contracts, commitments, personnel Contracts and records as may be necessary to enable of the Company to confirm and the accuracy Company Subsidiaries (other than any of the representations foregoing that relate to the negotiation and warranties execution of NeoHydro Technologies Corp. set forth herein this Agreement or any similar transaction with a third party or, except as expressly provided in Section 5.02, to any Company Takeover Proposal) and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. the Company shall, and shall cause its officers, employees and representatives the Company Subsidiaries to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement Parent and other document filed by it during Parent’s Representatives such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, propertiespersonnel, financial conditionassets, operations liabilities and personnel properties as such other party Parent may from time to time reasonably request. Except ; provided that Parent and its Representatives and Debt Financing Sources shall conduct any such activities in such a manner as required by law, each not to interfere unreasonably with the business or operations of the Company and NeoHydro Technologies Corp. will holdthe Company Subsidiaries; provided further, however, that neither the Company nor any Company Subsidiary shall be obligated to provide such access or information if the Company determines, in its reasonable judgment, that doing so is reasonably likely to (i) violate applicable Law or an applicable Judgment or (ii) jeopardize the protection of an attorney-client privilege, attorney work product protection or other legal privilege held by the Company. In any such event, the Company shall, and will shall cause the Company Subsidiaries to, use its respective directorsreasonable best efforts to communicate, officersto the extent feasible, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic the applicable information in confidencea way that would not violate applicable Law, Judgment or obligation or risk waiver of such privilege or protection or risk such liability, including entering into a joint defense agreement, common interest agreement or other similar arrangement. • No investigation All requests for information made pursuant to this Section 4.01 6.02 shall affect any representations be directed to the executive officer or warranties other Person designated by the Company. Until the Effective Time, all information provided will be subject to the terms of the Parties herein or letter agreement dated as of October 10, 2019, by and among the conditions to Company and Macquarie Infrastructure and Real Assets, Inc. (the obligations of the Parties hereto“Confidentiality Agreement”).

Access to Information; Confidentiality. The Company shall, agrees that upon reasonable notice it shall (and shall cause its officers, employees, counsel, financial advisors and other representatives Subsidiaries to, ) afford to NeoHydro Technologies Corp. Parent and its representatives Representatives reasonable access access, during normal business hours during until the period prior to earlier of the Effective Time and the date this Agreement is terminated pursuant to its and Article VII, to the Company’s properties, books, contracts, commitments, personnel and records and, during such period, information regarding the Company shall, and its Subsidiaries as may reasonably be requested by Parent and shall cause its officersexecutive officers and other relevant personnel to be reasonably available to Parent to respond to reasonable questions regarding such information or the Business generally; provided, employees however, that the Company may restrict the foregoing access and representatives toassistance to the extent that, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For in the purposes of determining the accuracy reasonable judgment of the representations and warranties Company, (a) any applicable Law requires the Company or its Subsidiaries to restrict or prohibit access to any such properties or information, (b) the information is subject to confidentiality obligations to a third party that would be breached by such disclosure, or (c) disclosure of NeoHydro Technologies Corp. set forth herein and compliance any such information or document could result in the loss of attorney-client privilege; provided further, however, that with respect to this clause (c), if requested by NeoHydro Technologies Corp. Parent, the Company will enter into joint defense agreements or other arrangements with Parent to allow such disclosure, but only if the Company determines, with the advice of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, outside legal counsel, financial advisors and other representatives and affiliates but in its sole discretion, that so doing will fully preserve the attorney-client privilege; provided further, however, that any information provided to hold, any nonpublic information in confidence. • No investigation Parent and/or Merger Sub pursuant to this Section 4.01 5.03 shall be subject to the Confidentiality Agreement, the terms of which shall continue to apply, except as otherwise agreed by the Company, notwithstanding termination of this Agreement. In the event of any conflict between the terms of this Section 5.03 (other than clause (c) above) and the terms of the Confidentiality Agreement, the terms of the Confidentiality Agreement shall control. No review of information pursuant to this Agreement will affect any of the representations or warranties of the Parties herein parties hereto contained in this Agreement or the conditions hereunder to the obligations of the Parties parties hereto.

Access to Information; Confidentiality. The Company shall(a) Prior to the Effective Time, Seller shall exercise its contractual rights under the Merger Agreement so as to use commercially reasonable efforts to require that Knight Ridder will afford to Buyer and its Representatives, and following the Effective Time, Seller shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. Buyer and its representatives Representatives, reasonable access during normal business hours during hours, throughout the period prior to the Effective Time to its earlier of (i) the Closing and (ii) the Termination Date, to the Company’s properties, booksemployees, contracts, commitments, personnel books and records of the Acquired Companies and, during such periodto the extent related to the Business, the Company shallSeller Entities, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each any report, schedule, registration statement and schedule or other document filed or received by it during such period an Acquired Company or, solely to the extent related to the Business, any Seller Entity, pursuant to the requirements of federal applicable Laws. Notwithstanding the foregoing, Seller shall not be required to afford such access if it would unreasonably disrupt the operations of Seller or state securities laws the Business, would cause a violation of any agreement to which Seller or an Acquired Company or Buyer or any of its Subsidiaries is a party, would cause a significant risk, in the reasonable judgment of Seller, of a loss of privilege to the disclosing party, or any of its Subsidiaries or would constitute a violation of any applicable Law, nor shall Buyer or any of its Representatives be permitted to perform any invasive onsite environmental procedure with respect to any property of any Seller Entity or any Acquired Company. (b) The parties acknowledge that Seller, Knight Ridder and Buyer have previously executed a Confidentiality Agreement dated as of April 4, 2006 (ii) all other information concerning its businessthe “Confidentiality Agreement”), properties, financial condition, operations which Confidentiality Agreement will continue in full force and personnel as such other party may from time to time reasonably request. Except as required by law, effect in accordance with their terms and each of the Company Buyer and NeoHydro Technologies Corp. Seller will hold, and will cause its respective directors, officers, employees, agents and advisors (including attorneys, accountants, counselconsultants, bankers and financial advisors and other representatives and affiliates advisors) to hold, any nonpublic information Evaluation Information (as defined in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties the Confidentiality Agreement) confidential in accordance with the terms of the Parties herein or the conditions to the obligations of the Parties heretoConfidentiality Agreement.

Access to Information; Confidentiality. The Company shall(a) Upon reasonable prior notice and subject to applicable Law, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during from the period prior to date hereof until the Merger Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodTime, the Company shall, and shall cause the Company Subsidiaries and the officers, directors, employees, auditors, counsel and agents of the Company and the Company Subsidiaries to, afford Parent and its officers, employees directors, employees, auditors, counsel and representatives toagents, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may following notice from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior Parent to the Effective TimeCompany in accordance with this Section 7.02, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives toemployees, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its businessagents, properties, financial conditionoffices and other facilities, operations books and personnel as such other party may from time to time reasonably request. Except as required by law, each records of the Company and NeoHydro Technologies Corp. will holdthe Company Subsidiaries, and will cause its respective directorsall other financial, officers, employees, accountants, counsel, financial advisors operating and other data and information as Parent may reasonably request. Notwithstanding the foregoing, the Company and the Company Subsidiaries shall not be obligated to disclose (i) any competitively sensitive information, (ii) any information that, in the reasonable judgment of the Company, would result in the loss of attorney-client privilege with respect to such information or which would constitute a waiver of any other privilege or trade secret protection held by the Company or any Company Subsidiary or (iii) any information that would result in a breach of an agreement to which the Company or any of the Company Subsidiaries is a party. Parent shall schedule and coordinate all inspections with the Company and shall give the Company at least two (2) Business Days prior written notice thereof, setting forth the inspection or materials that Parent or its representatives intend to conduct or review, as applicable. The Company shall be entitled to have representatives present at all times during any such inspection, and affiliates to hold, no such inspection shall unreasonably disrupt or interfere with the operations of the Company or any nonpublic information in confidenceCompany Subsidiary. • No investigation pursuant to this Section 4.01 7.02 or information provided, made available or delivered to Parent pursuant to this Section 7.02 or otherwise shall affect any representations or warranties of the Parties herein Company or the conditions or rights of Parent contained in this Agreement. (b) Prior to the obligations of Merger Effective Time, all information obtained by Parent pursuant to this Section 7.02 shall be kept confidential in accordance with the Parties heretoconfidentiality agreement dated April 28, 2008 between Parent and the Company (the “Confidentiality Agreement”).

Access to Information; Confidentiality. The Company (a) During the period from the date of this Agreement through the earlier of the Closing and the termination of this Agreement, each of SAM and STFC shall, and shall cause its officers, employees, counsel, financial advisors their respective Subsidiaries and other representatives Representatives to, upon reasonable notice, afford to NeoHydro Technologies Corp. LMHC and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its Subsidiaries and to the Company’s properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with Representative reasonable access during normal business hours to its the officers, employees, advisors, properties, books, contracts, commitments, personnel and books and records of SAM, STFC or their respective Subsidiaries, as may be necessary to enable the Company to confirm the accuracy applicable, and each of the representations SAM and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. STFC shall, and shall cause its officers, employees and representatives their respective Subsidiaries to, furnish reasonably promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during LMHC such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its businessthe business and properties of SAM, propertiesSTFC or their respective Subsidiaries, financial conditionas applicable, operations and personnel as such other party LMHC may reasonably request from time to time reasonably request. Except as required by law, in each case for the purposes of integration planning and the consummation of the Company transactions contemplated by this Agreement, including furnishing, not later than fifteen (15) days following the end of each calendar month, the gross and NeoHydro Technologies Corp. will holdnet premiums written by the SAM Insurance Companies and the STFC Insurance Companies in such month. None of SAM, and will STFC or their respective Subsidiaries shall be required to provide any such access or information to the extent that doing so (i) would cause its a waiver of an attorney-client privilege or loss of attorney work product protection, (ii) would constitute a violation of any applicable Law or the provisions of any Contract to which SAM, STFC or any of their respective directorsSubsidiaries is a party or (iii) would interfere unreasonably with the business or operations of SAM, officersSTFC or their respective Subsidiaries. Without limiting the foregoing, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic in the event that SAM or STFC does not provide access or information in confidencereliance on the immediately preceding sentence, it shall provide notice to LMHC that it is withholding such access or information and shall use its commercially reasonable efforts to communicate, to the extent feasible, the applicable information in a way that would not cause such a waiver or loss, violation or interference, as the case may be. • No investigation shall affect SAM’s or STFC’s representations, warranties, covenants or agreements contained herein or limit or otherwise affect the remedies available to any party pursuant to this Section 4.01 Agreement. (b) Each of LMHC, SAM and STFC shall affect comply with their respective obligations under the Confidentiality Agreement, which shall survive any representations or warranties termination of this Agreement in accordance with the terms set forth therein; provided, however, to the extent of any conflict between the provisions of the Parties herein or Confidentiality Agreement and this Agreement, the conditions to the obligations terms of the Parties heretothis Agreement shall govern.

Access to Information; Confidentiality. The Company (a) Subject to Section 9.14, upon reasonable notice and subject to applicable laws, each of IBTX and TCBI, for the purposes of verifying the representations and warranties of the other and preparing for the Merger and the other matters contemplated by this Agreement, shall, and shall cause its each of their respective Subsidiaries to, afford to the officers, employees, accountants, counsel, financial advisors and other representatives toof the other party, afford to NeoHydro Technologies Corp. and its representatives reasonable access access, during normal business hours during the period prior to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to all its properties, books, contracts, commitments, personnel personnel, information technology systems, and records as may be necessary records, and each shall cooperate with the other party in preparing to enable execute after the Company to confirm Effective Time the accuracy conversion or consolidation of the representations systems and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunderbusiness operations generally, and, during such period, NeoHydro Technologies Corp. each of IBTX and TCBI shall, and shall cause its officers, employees and representatives respective Subsidiaries to, furnish promptly make available to the Company upon its request other party (i) a copy of each report, schedule, registration statement and other document filed or received by it during such period pursuant to the requirements of federal securities laws or federal or state securities banking laws (other than reports or documents that IBTX or TCBI, as the case may be, is not permitted to disclose under applicable law), and (ii) all other information concerning its business, properties, financial condition, operations properties and personnel as such other party may from time to time reasonably request. Except Neither IBTX nor TCBI nor any of their respective Subsidiaries shall be required to provide access to or to disclose information where such access or disclosure would violate or prejudice the rights of IBTX’s or TCBI’s, as required by the case may be, customers, jeopardize the attorney-client privilege of the institution in possession or control of such information (after giving due consideration to the existence of any common interest, joint defense or similar agreement between the parties) or contravene any law, each rule, regulation, order, judgment, decree, fiduciary duty or binding agreement entered into prior to the date of this Agreement. The parties hereto will make appropriate substitute disclosure arrangements under circumstances in which the restrictions of the Company preceding sentence apply. (b) Each of IBTX and NeoHydro Technologies Corp. will holdTCBI shall hold all information furnished by or on behalf of the other party or any of such party’s Subsidiaries or representatives pursuant to Section 6.2(a) in confidence to the extent required by, and will cause its respective directorsin accordance with, officersthe provisions of the confidentiality agreement, employeesdated November 12, accountants2019, counsel, financial advisors between IBTX and other representatives and affiliates to hold, any nonpublic information in confidence. • TCBI (the “Confidentiality Agreement”). (c) No investigation pursuant to this Section 4.01 by either of the parties or their respective representatives shall affect any or be deemed to modify or waive the representations or and warranties of the Parties herein other set forth herein. Nothing contained in this Agreement shall give either party, directly or indirectly, the conditions right to control or direct the operations of the other party prior to the obligations Effective Time. Prior to the Effective Time, each party shall exercise, consistent with the terms and conditions of the Parties heretothis Agreement, complete control and supervision over its and its Subsidiaries’ respective operations.

Access to Information; Confidentiality. The Company shall(a) Subject to applicable Law, and upon reasonable notice, the Partnership shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. Parent and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its and to the CompanyParent’s properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with Representatives reasonable access during normal business hours to its the Partnership’s officers, employees, agents, properties, books, contracts, commitments, personnel Contracts and records as may be necessary to enable and the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and Partnership shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement Parent and other document filed by it during Parent’s Representatives such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, propertiespersonnel, financial conditionassets, operations liabilities and personnel properties as such other party Parent may from time to time reasonably request. Except ; provided that Parent and its Representatives shall conduct any such activities in such a manner as required by law, each not to interfere unreasonably with the business or operations of the Company and NeoHydro Technologies Corp. will holdPartnership; provided, and will cause further, however, that the Partnership shall not be obligated to provide such access or information if the Partnership determines, in its respective directorsreasonable judgment, officersthat doing so would violate applicable Law or a Contract or obligation of confidentiality owing to a third party, employeeswaive the protection of an attorney-client privilege or other legal privilege or expose the Partnership to risk of liability for disclosure of sensitive or personal information. Without limiting the foregoing, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic in the event that the Partnership does not provide access or information in confidencereliance on the immediately preceding sentence, it shall provide notice to Parent that it is withholding such access or information and shall use its reasonable best efforts to communicate, to the extent feasible, the applicable information in a way that would not violate the applicable Law, Contract or obligation or risk waiver of such privilege. • No investigation All requests for information made pursuant to this Section 4.01 5.08 shall affect any representations or warranties be directed to the Person designated by the Partnership. Until the Effective Time, the information provided will be subject to the terms of the Parties herein or confidentiality agreement dated as of November 5, 2020, by and between the conditions GP Parent and a Parent Subsidiary (as may in the future be amended from time to time, the “Confidentiality Agreement”). (b) Parent shall not be deemed to violate any of its obligations under the Confidentiality Agreement as a result of the Parties heretoperforming any of its obligations under this Agreement.

Access to Information; Confidentiality. The Upon reasonable -------------------------------------- notice and subject to restrictions contained in confidentiality agreements to which such party is subject (from which such party shall use reasonable best efforts to be released), the Company shall, and Parent shall each (and shall cause each of their Subsidiaries, and in the case of the Company, use commercially reasonable efforts to cause its Minority Affiliates and XSL, to) afford to the officers, employees, counselaccountants, financial advisors counsel and other representatives toof the other, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours access, during the period prior to the Effective Time Time, to all its and to the Company’s properties, books, contracts, commitments, personnel commitments and records and, during such period, the Company shall, and Parent each shall (and shall cause each of their Subsidiaries, and in the case of the Company, use commercially reasonable efforts to cause its officersMinority Affiliates and XSL, employees and representatives to, ) furnish promptly to NeoHydro Technologies Corp. the other all information concerning its business, properties, financial condition, operations properties and personnel as such other party may from time reasonably request, and each shall make available to time the other the appropriate individuals (including attorneys, accountants and other professionals) for discussion of the other's business (including, in the case of the Company, the business of the Minority Affiliates and XSL), properties and personnel as either Parent or the Company may reasonably request. For From and after the purposes date of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to this Agreement through the Effective Time, NeoHydro Technologies Corp. the Company shall provide to Parent monthly consolidated statements of operations and cash flows and monthly consolidated balance sheets for the Company and its representatives Subsidiaries and, if the Company receives such statements from its Minority Affiliates or XSL, from such Minority Affiliates or XSL, within 30 days following the end of each calendar month during such period. Each party shall keep such information confidential in accordance with the terms of the confidentiality letter, dated October 26, 1997 (the "CONFIDENTIALITY LETTER") between Parent and the Company. The Company shall use its reasonable access during normal business hours best efforts to exercise its properties, books, contracts, commitments, personnel and records rights under confidentiality agreements entered into with persons which were considering an Alternative Transaction (as may be necessary defined in SECTION 9.01 with respect to enable the Company to confirm preserve the accuracy confidentiality of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly information relating to the Company upon and its request (i) a copy of each report, schedule, registration statement Subsidiaries and other document filed by it during Minority Affiliates and XSL provided to such period pursuant to the requirements of federal or state securities laws persons and (ii) all other information concerning its business, properties, financial condition, operations their affiliates and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties heretorepresentatives.

Access to Information; Confidentiality. The Section 5.5.1 Except as required pursuant to any confidentiality agreement or similar agreement or arrangement to which the Company shallor any Company Subsidiary is a party (which such person shall use its reasonable best efforts to cause the counterparty to waive), and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during from the period prior date of this Agreement to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodTime, the Company shall, and shall cause its officers, employees each Company Subsidiary and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its their respective directors, officers, employees, accountants, consultants, legal counsel, financial advisors advisors, and agents and other representatives, including the Receiver (collectively, the “Company Representatives”) to: (A) provide to Parent and Merger Sub and their respective officers, directors, employees, accountants, consultants, legal counsel, advisors, agents and other representatives (collectively, the “Parent Representatives”) access at reasonable times upon prior notice to the officers, employees, agents, properties, offices and affiliates other facilities of such party and its subsidiaries and to holdthe books and records thereof and (B) furnish promptly such information concerning the business, any nonpublic information in confidenceproperties, contracts, assets, liabilities, personnel and other aspects of such party and its subsidiaries as the other party or its Representatives may reasonably request. • No investigation conducted pursuant to this Section 4.01 5.5 shall affect or be deemed to modify or limit any representations representation or warranties warranty made in this Agreement. Section 5.5.2 With respect to the information disclosed pursuant to Section 5.5.1, the parties shall comply with, and shall cause their respective Representatives to comply with, all of their respective obligations under the Confidentiality Agreement previously executed by the Company and Parent (the “Confidentiality Agreement”) and the letter agreement dated September 23, 2003 entered into between the Company, the Receiver and Parent (the “Exclusivity Agreement”). Section 5.5.3 Notwithstanding anything to the contrary set forth herein or in any other written or oral understanding or agreement to which the parties hereto are parties or by which they are bound (including the Confidentiality Agreement and the Exclusivity Agreement), the parties acknowledge and agree that any obligations of confidentiality contained herein and therein shall not apply to the tax treatment and tax structure of the Parties herein or Merger and any related transactions (the conditions “Transactions”), all within the meaning of Treasury Regulations Section 1.6011-4; provided however, that each party recognizes that the privilege each has to maintain, in its sole discretion, the confidentiality of a communication relating to the obligations Transactions, including a confidential communication with its attorney or a confidential communication with a federally authorized tax practitioner under Section 7525 of the Parties heretoInternal Revenue Code, is not intended to be affected by the foregoing.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford (a) From the date of this Agreement to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior to earlier of the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodvalid termination of this Agreement in accordance with Article 7, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. each of its obligations hereunder, during the period prior Subsidiaries to: (i) provide to the Effective Time, NeoHydro Technologies Corp. shall provide the Company Parent and its representatives with Merger Sub and their respective Representatives reasonable access during normal business hours in such a manner as not to interfere unreasonably with the business conducted by the Company or any of its Subsidiaries, upon prior notice to the Company, to the officers, employees, properties, books, contracts, commitments, personnel offices and other facilities of the Company and each of its Subsidiaries and to the books and records as may be necessary thereof and (ii) use commercially reasonable efforts to enable furnish during normal business hours upon prior notice such information concerning the business, properties, Contracts, assets and liabilities of the Company and each of its Subsidiaries as Parent or its Representatives may reasonably request; provided, however, that the Company shall not be required to confirm (or to cause any of its Subsidiaries to) afford such access or furnish such information to the accuracy extent that the Company believes that doing so would: (A) result in the loss of attorney-client privilege (but the Company shall use its commercially reasonable efforts to allow for such access or disclosure in a manner that does not result in a loss of attorney-client privilege), (B) result in the disclosure of any trade secrets of third parties or otherwise breach, contravene or violate any effective Contract existing on the date hereof to which the Company or any of its Subsidiaries is a party (but the Company shall use its commercially reasonable efforts to obtain the consent of any third party to such Contract to permit disclosure or inspection by Parent), (C) breach, contravene or violate any applicable Law or (D) result in the disclosure of materials provided to the Company Board or resolutions or minutes of the representations Company Board, in each case, that were provide to the Company Board in connection with its consideration of the Merger or the sale process. (b) The Confidentiality Agreement, dated October 14, 2019, as amended November 24, 2019, by and warranties between the Company and Parent (the “Confidentiality Agreement”), shall apply with respect to information furnished under this Section 5.2 by the Company, its Subsidiaries and their Representatives. Prior to the Closing, each of NeoHydro Technologies Corp. set forth herein Parent and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shallMerger Sub shall not, and shall cause its officers, employees and representatives their respective Representatives not to, furnish promptly to contact or otherwise communicate with the Company upon its request employees (i) a copy other than members of each reportthe Company’s senior leadership team), schedulecustomers, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its businesssuppliers, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each distributors of the Company and NeoHydro Technologies Corp. will holdits Subsidiaries, and will cause its respective directorsor, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates except as required pursuant to holdSection 5.4, any nonpublic information in confidence. • No investigation pursuant to Governmental Entity, regarding this Section 4.01 shall affect any representations Agreement or warranties the Transactions without the prior written consent of the Parties herein Company, which consent shall not be unreasonably withheld, conditioned or the conditions to the obligations of the Parties heretodelayed.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during (a) From the period prior to date hereof until the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodTime, the Company shall, and shall cause the Company Subsidiaries and the officers, directors, employees, auditors and agents of the Company and the Company Subsidiaries to, afford the officers, employees and agents of Parent and Merger Sub and persons providing or proposing to provide Parent or Merger Sub with financing for the Merger and other transactions contemplated by this Agreement and other representatives (collectively, the "Parent Representatives") of Parent complete access at all reasonable times to the officers, employees, agents, properties, offices, plants and other facilities, books and records of the Company and each Company Subsidiary, and shall furnish Parent and Merger Sub and persons providing or proposing to provide Parent or Merger Sub with financing for the Merger and other transactions contemplated by this Agreement with such financial, operating and other data and information as Parent or Merger Sub, through its officers, employees and representatives toor agents, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For . (b) From the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to date hereof until the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. Parent shall, and shall cause the Parent Subsidiaries and the officers, directors, employees, auditors and agents of Parent and the Parent Subsidiaries to, afford the officers, employees and agents of the Company and other representatives (collectively, the "Company Representatives", and, together with the Parent Representatives, the "Representatives") of the Company complete access at all reasonable times to the officers, employees, agents, properties, offices, plants and other facilities, books and records of Parent and each Parent Subsidiary, and shall furnish the Company with such financial, operating and other data and information as the Company, through its officers, employees and representatives toor agents, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law. (c) Each party to this Agreement shall comply with, and shall cause its Representatives to comply with, all of their obligations under the Confidentiality Agreements listed in Section 6.03(c) of each of the Company Disclosure Schedule and NeoHydro Technologies Corp. will hold, and will cause the Parent Disclosure Schedule (the "Confidentiality Agreements"). All information obtained by a party or any of its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation Representatives pursuant to this Section 4.01 (a) or (b) above shall affect any representations or warranties of the Parties herein or the conditions be subject to the obligations of the Parties heretoConfidentiality Agreements.

Access to Information; Confidentiality. The (a) Subject to applicable Law, the Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives each of the Company Subsidiaries to, afford to NeoHydro Technologies Corp. Parent and its representatives to Parent’s Representatives reasonable access during normal business hours access, upon reasonable advance notice, during the period prior to from the date of this Agreement until the earlier of the Effective Time or termination of this Agreement in accordance with its terms, to its and to the Company’s all their respective properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives each of the Company Subsidiaries to, furnish promptly to NeoHydro Technologies Corp. Parent all information concerning its business, properties, financial condition, operations properties and personnel as such other party Parent may from time to time reasonably request. For request in connection with this Agreement and the transactions contemplated hereby, including for purposes of determining any business planning (including for post-Closing periods) and integration; provided, however, that the accuracy Company (i) shall not be required to afford such access if it would unreasonably disrupt the operations of the representations Company, (ii) may withhold any document or information the disclosure of which would cause a violation of any agreement to which the Company or such Company Subsidiary is a party (provided that the Company shall use its reasonable best efforts to obtain the required consent of such third party to such access or disclosure) and warranties (iii) may withhold any document or information the disclosure of NeoHydro Technologies Corp. set forth herein which would be reasonably likely to risk a loss of legal privilege (provided that the Company shall use its reasonable best efforts to allow for such access or disclosure (or as much of it as possible) in a manner that would not be reasonably likely to risk a loss of legal privilege). If any material is withheld by the Company pursuant to the immediately preceding sentence, the Company shall, to the extent possible without violating an agreement or risking a loss of legal privilege, inform Parent as to the general nature of what is being withheld. All information exchanged pursuant to this Section 6.02(a) shall be subject to the confidentiality agreement dated August 29, 2013 between Parent and compliance by NeoHydro Technologies Corp. the Company (the “Confidentiality Agreement”). (b) Subject to applicable Law, Parent shall, and shall cause each of its obligations hereunderthe Parent Subsidiaries to, afford to the Company and to the Company’s Representatives reasonable access, upon reasonable advance notice, during the period prior to from the date of this Agreement until the earlier of the Effective TimeTime or termination of this Agreement in accordance with its terms, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its all their respective properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. Parent shall, and shall cause its officers, employees and representatives each of the Parent Subsidiaries to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations properties and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company may reasonably request in connection with this Agreement and NeoHydro Technologies Corp. will holdthe transactions contemplated hereby; provided, however, that Parent (i) shall not be required to afford such access if it would unreasonably disrupt the operations of Parent, (ii) may withhold any document or information the disclosure of which would cause a violation of any agreement to which Parent or such Parent Subsidiary is a party (provided that Parent shall use its reasonable best efforts to obtain the required consent of such third party to such access or disclosure) and will cause (iii) may withhold any document or information the disclosure of which would be reasonably likely to risk a loss of legal privilege (provided that Parent shall use its respective directorsreasonable best efforts to allow for such access or disclosure (or as much of it as possible) in a manner that would not be reasonably likely to risk a loss of legal privilege). If any material is withheld by Parent pursuant to the immediately preceding sentence, officersParent shall, employeesto the extent possible without violating an agreement or risking a loss of legal privilege, accountants, counsel, financial advisors and other representatives and affiliates inform the Company as to hold, any nonpublic the general nature of what is being withheld. All information in confidence. • No investigation exchanged pursuant to this Section 4.01 6.02(b) shall affect any representations or warranties of the Parties herein or the conditions be subject to the obligations of the Parties heretoConfidentiality Agreement.

Access to Information; Confidentiality. The Subject to applicable Laws relating to the exchange of information, the Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. Parent and its Parent’s representatives reasonable access during normal business hours during the period prior to the Effective Time to its and to the Company’s officers, employees, properties, books, contracts, commitments, personnel Contracts and records and the Company shall furnish reasonably promptly to Parent such other information concerning its business and properties as Parent may reasonably request (provided that Parent and its representatives shall conduct any such activities in such a manner as not to interfere unreasonably with the business or operations of the Company); provided, however, that the Company shall not be obligated to provide such access or information if (a) the Company determines, in its reasonable judgment, that doing so would violate applicable Law or a Contract or an obligation of confidentiality owing to a third party so long as the Company shall have used reasonable best efforts to obtain the consent of such third party to such access, jeopardize the protection of an attorney-client privilege, or expose the Company to risk of liability for disclosure of sensitive or personal information or (b) such information relates to or includes the evaluation, deliberations or minutes of the Company Board (or any committee thereof) related to the Transactions or any materials provided to the Company Board (or any committee thereof) in connection therewith. Until the Effective Time, the information provided will be subject to the terms of the Confidentiality Agreement, dated as of the date of this Agreement, by and between the Company and Apollo Management VIII, L.P. (as it may be amended from time to time, the “Confidentiality Agreement”), and, during such periodwithout limiting the generality of the foregoing, the Company shallParent shall not, and shall cause its officers, employees and representatives not to, furnish promptly use such information for any purpose unrelated to NeoHydro Technologies Corp. all the consummation of the Transactions. No investigation, or information concerning its businessreceived, properties, financial condition, operations and personnel as such other party may from time pursuant to time reasonably request. For the purposes of determining the accuracy this Section 6.6 will modify any of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. the Company herein. The Company hereby releases Apollo Management VIII, L.P. from all of its obligations hereunder, during under the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide confidentiality agreement between the Company and its representatives with reasonable access during normal business hours to its propertiesApollo Management VIII, booksL.P., contractsdated as of October 23, commitments2013 (as amended, personnel the “Existing Confidentiality Agreement”)), and records as may be necessary to enable the Company to confirm agrees that Apollo Management VIII, L.P. shall have no further liability under the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties heretoExisting Confidentiality Agreement.

Access to Information; Confidentiality. (a) The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. RemSleep Holdings and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. RemSleep Holdings all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. RemSleep Holdings set forth herein and compliance by NeoHydro Technologies Corp. RemSleep Holdings of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. RemSleep Holdings shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. RemSleep Holdings set forth herein and compliance by NeoHydro Technologies Corp. RemSleep Holdings of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. RemSleep Holdings shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. RemSleep Holdings will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • . (b) No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties hereto.

Access to Information; Confidentiality. (a) The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Explore Anywhere Holding Corp. and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Explore Anywhere Holding Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Explore Anywhere Holding Corp. set forth herein and compliance by NeoHydro Technologies Explore Anywhere Holding Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Explore Anywhere Holding Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Explore Anywhere Holding Corp. set forth herein and compliance by NeoHydro Technologies Explore Anywhere Holding Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Explore Anywhere Holding Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Explore Anywhere Holding Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • . (b) No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties hereto.

Access to Information; Confidentiality. The (a) From and after the date of this Agreement until the earlier of the Effective Time and the termination of this Agreement in accordance with Article VII, to the extent permitted by Law, the Company shallwill, (i) upon reasonable advance written notice from Parent, give Parent and shall cause its officers, employees, counsel, financial advisors Merger Sub and other representatives to, afford to NeoHydro Technologies Corp. and its representatives their respective Representatives reasonable access during normal business hours during the period prior to the Effective Time to its relevant employees and facilities and to relevant books, contracts and records (including Tax Returns) of the Company and the Retained Subsidiaries and cause the Company’s properties, books, contracts, commitments, personnel Representatives to provide access to their work papers and records such other information as Parent or Merger Sub may reasonably request (including information regarding the transactions set forth in the Spin-Off Transaction Documents and, during such periodfor the avoidance of doubt, the Company shall, restructuring transactions set forth in the Plan of Reorganization); and shall (ii) use its reasonable best efforts to cause its officers, employees Representatives to furnish Parent and representatives to, furnish promptly Merger Sub with such financial and operating data and other information with respect to NeoHydro Technologies Corp. all information concerning its the business, properties, financial condition, operations properties and personnel of the Company and the Retained Subsidiaries as such other party Parent or Merger Sub may from time to time reasonably request. For Notwithstanding the purposes of determining foregoing, any such investigation or consultation shall be conducted in such a manner as not to interfere unreasonably with the accuracy business or operations of the representations Company or its Subsidiaries or otherwise result in any significant interference with the prompt and warranties timely discharge by such employees of NeoHydro Technologies Corp. set forth herein their normal duties. (b) Information obtained by Parent or Merger Sub pursuant to Section 5.3(a) will constitute “Information” under the Confidentiality Agreement and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior will be subject to the Effective Timeprovisions of the Confidentiality Agreement; provided, NeoHydro Technologies Corp. that Parent and Merger Sub will be permitted to disclose such information to any debt financing sources or prospective debt financing sources that may become parties to the Parent Debt Financing or rating agencies (and, in each case, to their respective counsel and auditors) so long as each such Person is made aware of and acknowledges the confidential nature of such information and agrees to be bound by confidentiality and use restrictions customary for the syndication of the debt financing contemplated by such debt financing sources and substantially consistent with the confidentiality and use restrictions contemplated by the Confidentiality Agreement or in the Debt Commitment Letter. (c) Notwithstanding anything in Section 5.3(a) to the contrary, no such access or examination shall provide be permitted to the extent that it (i) relates to the negotiation of this Agreement and the transactions contemplated hereby, or any competitively or commercially sensitive information or information relating to the analysis or consideration of the Merger or the transactions contemplated by this Agreement by the Company and its representatives with reasonable access during normal business hours to its propertiesSubsidiaries, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, would unreasonably disrupt the operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will holdor any of its Subsidiaries, and will cause (iii) would require the Company or any of its respective directorsSubsidiaries to disclose information that, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties the reasonable judgment of the Parties herein or the conditions counsel to the Company, is subject to attorney-client privilege or may conflict with any confidentiality obligations to which the Company or any of its Subsidiaries is bound, (iv) would reasonably be likely to violate the Parties heretoterms of any Material Contract with a third party, in each case, that was in effect prior to the execution of this Agreement (provided, that the Company shall use its reasonable best efforts to obtain the required consent of such third party to such access or disclosure or develop an alternative method of providing such information to Parent), or (v) would reasonably be likely to violate any Law (provided, that the Company shall use its reasonable best efforts to provide such access or make such disclosure in a manner that does not violate such Law or develop an alternative method of providing such information to Parent).

Access to Information; Confidentiality. The (a) Upon reasonable notice and subject to Applicable Laws relating to the exchange of information, the Company shallwill, and shall will cause each of its Subsidiaries to, afford to the officers, employees, counselaccountants, financial advisors counsel and other representatives toof the Acquirer Parties access, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior to the Effective Time or the termination of this Agreement, to all its and to the Company’s properties, books, contracts, commitments, personnel commitments and records and, during such period, the Company shallrecords, and shall cause to its officers, employees employees, accountants, counsel and representatives toother representatives, furnish promptly in each case in a manner not unreasonably disruptive to NeoHydro Technologies Corp. all information concerning the operation of the business of the Company and its business, properties, financial condition, operations and personnel Subsidiaries as such other party Parent may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during During the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours shall deliver to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request Parent (i) a copy if prior to the Determination Date, no later than the 15th day of each month, a report containing the Company’s most current estimate of the Company Net Worth and the Available Cash, in each case as of the last day of the full calendar month immediately preceding the date of such report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other if following the Determination Date, no later than the Wednesday of each calendar week, a report containing the Company’s most current estimate of the Available Cash as of the last day of the calendar week immediately preceding the date of such report. Neither the Company nor any of its Subsidiaries will be required to provide access to or to disclose information concerning its businesswhere such access or disclosure would jeopardize any attorney-client privilege, propertiesviolate any contract or agreement or contravene any Law; and in any such event, financial condition, operations the Parties hereto will make appropriate substitute disclosure arrangements. (b) All information and personnel as such other party may from time materials provided pursuant to time reasonably request. Except as required by law, each this Agreement will be subject to the provisions of the letter agreement entered into between the Company and NeoHydro Technologies Corp. will holdParent, and will cause its respective directorsdated as of April 28, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • 2017 (the “Confidentiality Agreement”). (c) No investigation pursuant to this Section 4.01 shall affect by any representations or warranties of the Parties herein or their respective representatives shall constitute a waiver of or otherwise affect the conditions to the obligations representations, warranties, covenants or agreements of the Parties heretoothers set forth herein.

Access to Information; Confidentiality. The (a) Upon reasonable prior written notice, subject to Applicable Law, the Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives the Company Subsidiaries to, afford to NeoHydro Technologies Corp. Parent and its representatives Representatives, reasonable access access, during normal business hours during the period prior from the date of this Agreement to the earlier of the Effective Time or the termination of this Agreement, to all of its and to the Company’s properties, books, contracts, commitments, personnel contracts and records and provide copies thereof to Parent, and, during such period, the Company shall, and shall cause its officers, employees and representatives the Company Subsidiaries to, furnish promptly reasonably make available to NeoHydro Technologies Corp. Parent all other information concerning its businessbusinesses, properties, financial condition, operations properties and personnel as such other party Parent may from time to time reasonably request, and instruct its Representatives to reasonably cooperate with Parent in its investigation. For Without limiting the purposes foregoing, following the date of determining this Agreement and continuing through the accuracy Closing Date or earlier termination of this Agreement, at Parent’s reasonable request, the representations Company shall use commercially reasonable efforts to cooperate with and warranties provide reasonable assistance to Parent and its Representatives in Parent’s efforts to investigate and confirm the existence of, and where applicable take such actions as are necessary to file and/or obtain, all Registration Certificates that in Parent’s reasonable good faith determination are required by Law to be so filed and/or obtained with respect to all Registrable Mobile Assets of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives the Company Subsidiaries. All information furnished pursuant to this Agreement shall be subject to the mutual confidentiality agreement, dated as of September 19, 2023, between Parent and the Company (the “Confidentiality Agreement”) and, to the extent such information is specifically subject thereto, the clean team confidentiality agreement, dated November 29, 2023, between Parent and the Company (the “Clean Team Agreement”); provided, that Parent and the Company consent and agree that all information referenced in Section 8.3 may only be shared with reasonable and delivered to the Financing Sources pursuant to the terms and conditions of the Confidentiality Agreement and the Clean Team Agreement. No information or knowledge obtained in any investigation pursuant to this Section 6.2 shall affect or be deemed to modify any representation or warranty made by the Company or Parent pursuant to this Agreement. (b) Notwithstanding anything to the contrary in this Section 6.2, Section 8.1 or Section 8.2, neither the Company nor any of the Company Subsidiaries shall be required to provide access during normal business hours to its properties, books, contracts, commitmentsrecords (including any that discuss or relate to any of the Transactions) or personnel if such access would unreasonably disrupt its operations, personnel and records as may be necessary or provide access to enable or to disclose information where such access or disclosure would jeopardize the attorney-client privilege of the Company or any Company Subsidiary or contravene any Applicable Law or binding agreement with respect to confirm confidentiality; provided, that the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. Company shall, and shall cause its officers, employees and representatives the Company Subsidiaries to, furnish promptly use commercially reasonable efforts to the Company upon its request make appropriate substitute disclosure arrangements under circumstances in which such restrictions apply (including redacting such information (i) a copy of each reportto remove references concerning valuation, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all as necessary to comply with contractual arrangements and (iii) as necessary to address reasonable attorney-client or other privilege or confidentiality concerns); provided, however, that in no event shall Parent have access to individual performance or evaluation records, medical histories or other information concerning its businessthe disclosure of which, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each in the reasonable opinion of the Company, would reasonably be expected to subject the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates or any Company Subsidiary to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties risk of the Parties herein or the conditions to the obligations of the Parties heretoliability.

Access to Information; Confidentiality. (a) The Company shall, and shall cause each of its officers, employees, counsel, financial advisors and other representatives Subsidiaries to, afford to NeoHydro Technologies Corp. Parent and its representatives Representatives reasonable access during normal business hours and upon reasonable prior notice, during the period prior to the Effective Time or the termination of this Agreement in accordance with its terms, to its and to the Company’s all their respective properties, assets, books, contracts, commitments, personnel and records and, during such periodperiod for the sole purpose of consummation of the Mergers and the Transactions contemplated by this Agreement (or integration planning related thereto), the Company shall, and shall cause each of its officers, employees and representatives Subsidiaries to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request Parent: (i) a copy of each report, schedule, registration statement and other document filed or received by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations properties and personnel as such other party Parent may from time to time reasonably request. Except as required by lawrequest (including Tax Returns filed and those in preparation and the work papers of its auditors). (b) Parent shall, and shall cause each of its Subsidiaries to, afford to the Company and NeoHydro Technologies Corp. will holdits Representatives reasonable access during normal business hours and upon reasonable prior notice, during the period prior to the Effective Time or the termination of this Agreement in accordance with its terms, for purposes of consummation of the Mergers and the Transactions contemplated by this Agreement, and will cause to such information, properties and personnel regarding Parent and its respective directorsSubsidiaries as shall be reasonably necessary for the Company to confirm that the representations and warranties of the Parent Parties contained herein are true and correct and that the covenants of the Parent Parties contained herein have been performed in all material respects. (c) Notwithstanding anything to the contrary, officersSection 5.4(a) and (b) shall not require the Parties to disclose any information to the extent such disclosure would contravene applicable Law, employeesjeopardize any attorney-client or other legal privilege or breach any existing Contract. All such information shall be held confidential in accordance with the terms of the Confidentiality Agreement, accountantsdated as of April 22, counsel2021, financial advisors between Parent and other representatives the Company and affiliates to holdthe Confidentiality Agreement, any nonpublic information in confidencedated as of February 22, 2021, between the Company and Parent (together, the “Confidentiality Agreement”). • No investigation pursuant to this Section 4.01 5.4 or information provided, made available or delivered to the Parties pursuant to this Agreement shall affect any representations or warranties of the Parties herein representations, warranties, covenants, rights or remedies, or the conditions to the obligations of of, the Parties heretoParties.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during (a) From the period prior date hereof to the Effective Time to its and to or the Company’s propertiesearlier termination of this Agreement, books, contracts, commitments, personnel and records and, during such periodupon reasonable prior written notice, the Company shall, and shall cause its Subsidiaries, officers, directors and employees to, afford the officers, directors, employees, accountants, auditors, consultants, legal counsel, financial advisors, potential lenders, agents and other authorized representatives of Parent reasonable access, consistent with applicable law, during normal business hours to its officers, employees, properties, offices, plants and other facilities and to all books and records, and shall furnish Parent with all financial, operating and other data and information as Parent, through its officers, employees and representatives toor authorized representatives, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For Notwithstanding the purposes of determining foregoing, Parent and Merger Sub shall use commercially reasonable efforts to conduct any such investigation or consultation in such a manner as not to interfere unreasonably with the accuracy business or operations of the representations Company or its Subsidiaries or otherwise result in any unreasonable interference with the prompt and warranties timely discharge by such employees of NeoHydro Technologies Corp. set forth herein their normal duties. (b) As soon as available, and compliance in any event no later than fifteen (15) days after the end of each fiscal month, the Company shall deliver to Parent the unaudited balance sheet, statement of income, shareholders’ equity and cash flow of the Company as of the end of such fiscal month, all in reasonable detail and certified by NeoHydro Technologies Corp. a principal financial officer of the Company as presented fairly, in accordance with GAAP (except for the absence of footnotes thereto) applied on a basis consistent with past practice. (c) Each of Parent and Merger Sub will hold and treat and will cause its obligations hereunderofficers, during the period prior employees, auditors and other authorized representatives to the Effective Time, NeoHydro Technologies Corp. shall provide hold and treat in confidence all documents and information concerning the Company and its representatives Subsidiaries furnished to Parent or Merger Sub in connection with reasonable access during normal business hours to the transactions contemplated by this Agreement in accordance with the Confidentiality Agreement between Xxxxxx Xxxxxxxx & Co., on behalf of the Company, and Sun Capital Partners Group V, Inc. (the “Confidentiality Agreement”), which Confidentiality Agreement shall remain in full force and effect in accordance with its properties, books, contracts, commitments, personnel and records as may be necessary to enable terms; provided that the Company to confirm agrees that the accuracy Confidentiality Agreement shall be terminated and of no further force and effect upon the consummation of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties heretoMerger.

Access to Information; Confidentiality. The (a) Upon reasonable notice and subject to Applicable Law, the Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives Subsidiaries to, afford to NeoHydro Technologies Corp. Parent and its representatives Representatives, reasonable access access, during normal business hours during the period prior from the date of this Agreement to the earlier of the Effective Time or the termination of this Agreement, to all of its and to the Company’s properties, books, contractscontracts and records, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives Subsidiaries to, furnish promptly make available to NeoHydro Technologies Corp. Parent all other information concerning its businessbusinesses, properties, financial condition, operations properties and personnel as such other party Parent may from time to time reasonably request, and instruct its Representatives to reasonably cooperate with Parent in its investigation. For All information furnished pursuant to this Agreement shall be subject to the purposes confidentiality agreement, dated as of determining January 18, 2019, between Parent and the accuracy of Company (the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance “Confidentiality Agreement”). No information or knowledge obtained in any investigation pursuant to this ‎Section 6.02(a) shall affect or be deemed to modify any representation or warranty made by NeoHydro Technologies Corp. the Company or Parent pursuant to this Agreement. (b) Notwithstanding anything to the contrary in this ‎Section 6.02, ‎Section 8.01 or ‎Section 8.02, neither the Company nor any of its obligations hereunder, during the period prior Subsidiaries shall be required to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitmentsrecords or personnel if such access would unreasonably disrupt its operations, personnel and records as may be necessary or provide access to enable or to disclose information where such access or disclosure would jeopardize the attorney-client privilege of the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. or any of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. Subsidiaries or contravene any Applicable Law or binding agreement entered into prior to the date of this Agreement; provided that the Company shall, and shall cause its officers, employees and representatives Subsidiaries to, furnish promptly use reasonable best efforts to the Company upon its request make appropriate substitute disclosure arrangements under circumstances in which such restrictions apply (including redacting such information (i) a copy of each reportto remove references concerning valuation, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all as necessary to comply with contractual arrangements in effect on or after the date hereof, and (iii) as necessary to address reasonable attorney-client or other privilege or confidentiality concerns); provided, however, that in no event shall Parent have access to individual performance or evaluation records, medical histories or other similar information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each that in the reasonable opinion of the Company and NeoHydro Technologies Corp. will hold, and will cause the disclosure of which would reasonably be expected to subject the Company or any of its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates Subsidiaries to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties risk of the Parties herein or the conditions to the obligations of the Parties heretoliability.

Access to Information; Confidentiality. The From the date hereof through the Effective Time, upon reasonable notice and subject to applicable Law, the Company shall, shall and shall cause its officers, employees, counsel, financial advisors Subsidiaries and other their respective representatives to, to afford to NeoHydro Technologies Corp. Parent and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its Purchaser and to the Company’s properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its their respective directors, officers, employees, accountants, counsel, financial advisors and other representatives (the “Parent Representatives”) reasonable access during normal business hours to such of the properties, books, contracts, commitments, records (electronic or otherwise), officers and affiliates employees of the Company and its Subsidiaries and such financial and operating data and such other information with respect to holdthe business and operations of the Company and its Subsidiaries as Parent, the Purchaser or Parent Representatives may reasonably request. Neither the Company nor any of its Subsidiaries shall be required to provide access to or to disclose information to the extent such access or disclosure would jeopardize the attorney-client privilege of such Person or contravene any applicable Law, in which case the Company and its Subsidiaries shall provide access to or disclose such information to the fullest extent permitted by such Law or consistent with such privilege and shall cooperate with Parent in seeking all necessary exemptions, permits or other consents or approvals to permit the Company and its Subsidiaries to provide Parent (or, if necessary, its counsel or other representatives in lieu of Parent) access to or to disclose to Parent, such information. In addition, the Company shall, and shall cause each of its Subsidiaries to, furnish promptly to Parent (a) a copy of each material report, schedule, registration statement and other document filed by it with any Governmental Entity and (b) the internal or external reports prepared by it and/or its Subsidiaries in the ordinary course that are reasonably required by Parent promptly after such reports are made available to the Company’s personnel. Parent shall hold any such information in confidence to the extent required by, and in accordance with, the provisions of the letter agreement dated as of September 3, 2007, between Parent and the Company (as it may be amended from time to time, the “Confidentiality Agreement”). Any investigation by Parent or the Purchaser shall not affect, and shall not be deemed to modify, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or representations and warranties made by the conditions to the obligations of the Parties heretoCompany herein.

Access to Information; Confidentiality. The (a) Except as (i) would result in the loss or waiver of any attorney-client, work product or other applicable privilege (provided that the Company shallshall use commercially reasonable efforts to allow for such access or disclosure to the maximum extent that does not result in the loss or waiver of any applicable privilege), and or (ii) would violate applicable Law (provided that the Company shall cause its officersuse commercially reasonable efforts to make appropriate substitute arrangements to permit reasonable disclosure not in violation of applicable Law), employees, counsel, financial advisors and other representatives to, afford from the date of this Agreement to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior to earlier of the Effective Time to and the termination of this Agreement in accordance with its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodterms, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will holdwill, and will cause its each Company Subsidiary and each of their respective directors, officers, employees, accountants, consultants, legal counsel, financial advisors advisors, agents and other representatives representatives, (collectively, “Representatives” and, with respect to the Company and affiliates the Company Subsidiaries, the “Company Representatives”) to: (A) provide to holdParent and Merger Sub and their respective Representatives (the “Parent Representatives”) and to the Financing Sources through their respective officers, employees and Representatives, reasonable access at reasonable times during normal operating hours upon prior notice to the officers, employees, agents, properties, offices and other facilities of such party and its Subsidiaries and to the books and records thereof and (B) furnish promptly such information concerning the business, properties, Contracts, assets, liabilities, personnel and other aspects of the Company and the Company Subsidiaries as Parent or the Parent Representatives or any nonpublic information in confidence. • No of the Financing Sources may reasonably request; provided, that no investigation pursuant to this Section 4.01 5.3 shall affect or be deemed to modify any representations representation or warranties of warranty made by the Parties Company herein or any of the conditions to the obligations of the Parties heretoparties hereto under this Agreement; provided, further, that any investigation pursuant to this Section 5.3 shall be conducted in such manner as not to interfere unreasonably with the conduct of the Company. The information referred to in the previous sentence shall be subject to the Confidentiality Agreement, dated May 9, 2017, as amended, by and between the Company and Parent (the “Confidentiality Agreement”). (b) Nothing contained in this Agreement will give Parent or Merger Sub, directly or indirectly, the right to control or direct the operations of the Company prior to the Effective Time. Prior to the Effective Time, the Company will exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.

Access to Information; Confidentiality. The (a) To the extent permitted by applicable Law, the Company shallshall afford to Parent, and shall cause its to Parent’s officers, employees, accountants, counsel, financial advisors and other representatives toRepresentatives, afford to NeoHydro Technologies Corp. reasonable access (including for the purpose of coordinating integration activities and transition planning with the employees of the Company and its representatives reasonable access Subsidiaries) during normal business hours and upon reasonable prior notice to the Company during the period prior to the Effective Time or the termination of this Agreement to all its and to the Company’s its Subsidiaries’ properties, books, contractsContracts, commitments, personnel and records records, but only to the extent that such access does not unreasonably interfere with the business or operations of the Company and its Subsidiaries, and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request Parent (ia) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal Federal or state securities laws Laws and (iib) all other information concerning its and its Subsidiaries’ business, properties, financial condition, operations properties and personnel as Parent may reasonably request; provided, however, that the Company shall not be required to (or to cause any of its Subsidiaries to) so confer, afford such access or furnish such copies or other party information to the extent that doing so would result in the loss of attorney-client privilege (provided that the Company shall use its reasonable best efforts to allow for such access or disclosure in a manner that does not result in a loss of attorney-client privilege). Except for disclosures expressly permitted by the terms of the Confidentiality Agreement dated as of December 7, 2005 between Parent and the Company (as it may be amended from time to time reasonably request. Except as required by lawtime, each of the Company and NeoHydro Technologies Corp. will “Confidentiality Agreement”), Parent shall hold, and will shall cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates Representatives to hold, all information received from the Company, directly or indirectly, in confidence in accordance with the Confidentiality Agreement. The Confidentiality Agreement shall survive any nonpublic information termination of this Agreement. Notwithstanding the terms of the Confidentiality Agreement, Parent and the Company agree that until the earlier of the consummation of this Agreement or the six month anniversary of the date of the termination of this Agreement, as applicable, each party and its respective Subsidiaries shall not, without the other party’s prior written consent, directly or indirectly solicit for employment (other than through advertising in confidencenewspapers or periodicals of general circulation or recruiters’ searches, in each case not specifically directed at the other party’s employees) any executive officer of the other party or any other person currently employed by the other party or any of its Subsidiaries with whom it has contact or who is identified to such party in connection with discussions between the parties in connection with entering into this Agreement. • No investigation pursuant to this Section 4.01 shall 5.02 or information provided or received by any party hereto pursuant to this Agreement will affect any of the representations or warranties of the Parties herein parties hereto contained in this Agreement or the conditions hereunder to the obligations of the Parties parties hereto. (b) To the extent permitted by applicable Law, Parent shall afford to the Company and its Representatives reasonable access to Parent’s personnel and records (i) on a basis consistent with the Company’s access to such personnel and records prior to the date hereof in connection with the Company’s due diligence review of Parent and its Subsidiaries in connection with the transactions contemplated hereby and (ii) to the extent reasonably necessary for the Company to determine whether the conditions set forth in Section 6.03 are satisfied.

Access to Information; Confidentiality. (a) The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives each Company Subsidiary to, afford to NeoHydro Technologies Corp. Parent and its representatives Representatives reasonable access during normal business hours during the period prior to before the Effective Time to its and to the Company’s all their respective properties, facilities, books, records, contracts, commitments, personnel correspondence (in each case, whether in physical or electronic form), officers, employees, agents and records other assets and, during such period, the Company shall, and shall cause its officers, employees and representatives each Company Subsidiary to, furnish promptly to NeoHydro Technologies Corp. Parent all information concerning its business, properties, financial condition, operations properties and personnel as such other party Parent may from time to time reasonably request. For ; provided, however, that such access does not unreasonably disrupt the purposes of determining the accuracy normal operations of the representations Company and warranties the Company Subsidiaries. This Section 6.02(a) shall not require the Company or any Company Subsidiary to permit any access, or to disclose any information, that in the reasonable judgment of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. such party could reasonably be expected to result in (i) the disclosure of any trade secrets of third parties or a violation of any of its obligations hereunderwith respect to confidentiality, during (ii) the period prior loss of attorney-client privilege with respect to such information (provided that such privilege cannot in the Company’s good-faith judgment be reasonably sufficiently protected using a joint defense or other similar agreement) or (iii) a Governmental Entity alleging that providing such information violates antitrust Law; provided that the Company shall use good faith efforts to communicate to Parent the requested information in a way that would not waive any applicable attorney-client privilege or contravene any applicable Law or confidentiality agreement, as applicable. All information exchanged pursuant to this Section 6.02(a) or pursuant to Section 6.09 shall be subject to the Effective Timenondisclosure agreement, NeoHydro Technologies Corp. dated as of November 1, 2019, by and between the Company and WESCO Distribution, Inc. (the “Confidentiality Agreement”) and to the Clean Team Confidentiality Agreement, dated as of November 21, 2019, by and between the Company and WESCO Distribution, Inc. (the “Clean Team Agreement”). Notwithstanding anything to the contrary in this Section 6.02(a), neither Parent nor any of its Representatives shall provide conduct, without the prior written consent of the Company, which consent may be withheld in the Company’s sole discretion, any environmental investigation at any Company Property involving any sampling or other intrusive investigation of air, surface water, groundwater, soil, structures or anything else at or in connection with any Company Property. During any visit to the business or property sites of the Company or any of the Company Subsidiaries, Parent shall, and shall cause its Representatives accessing such properties to, comply with all applicable Laws and all of the Company’s and the Company Subsidiaries’ safety and security procedures. (b) Parent shall, and shall cause each Parent Subsidiary to, afford to the Company and its representatives with Representatives reasonable access during normal business hours during the period before the Effective Time to its all their respective properties, facilities, books, records, contracts, commitments, personnel correspondence (in each case, whether in physical or electronic form), officers, employees, agents and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, other assets and, during such period, NeoHydro Technologies Corp. Parent shall, and shall cause its officers, employees and representatives each Parent Subsidiary to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations properties and personnel as such other party the Company may from time to time reasonably request; provided, however, that such access does not unreasonably disrupt the normal operations of Parent and the Parent Subsidiaries. Except as required by lawThis Section 6.02(b) shall not require Parent or any Parent Subsidiary to permit any access, each or to disclose any information, that in the reasonable judgment of such party could reasonably be expected to result in (i) the disclosure of any trade secrets of third parties or a violation of any of its obligations with respect to confidentiality, (ii) the loss of attorney-client privilege with respect to such information (provided that such privilege cannot in Parent’s good-faith judgment be reasonably sufficiently protected using a joint defense or other similar agreement) or (iii) a Governmental Entity alleging that providing such information violates antitrust Law; provided that Parent shall use good faith efforts to communicate to the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic the requested information in confidencea way that would not waive any applicable attorney-client privilege or contravene any applicable Law or confidentiality agreement, as applicable. • No investigation All information exchanged pursuant to this Section 4.01 6.02(b) or pursuant to Section 6.09 shall affect be subject to the nondisclosure agreement, dated as of November 29, 2019, by and between the Company and Parent (the “Reverse Confidentiality Agreement”) and to the Clean Team Confidentiality Agreement, dated as of December 5, 2019, by and between the Company and Parent (the “Reverse Clean Team Agreement”). Notwithstanding anything to the contrary in this Section 6.02(b), neither the Company nor any representations of its Representatives shall conduct, without the prior written consent of Parent which consent may be withheld in Parent’s sole discretion, any environmental investigation at any of Parent’s properties or warranties facilities involving any sampling or other intrusive investigation of air, surface water, groundwater, soil, structures or anything else at or in connection with any such properties or facilities. During any visit to the business or property sites of Parent or any of the Parties herein or Parent Subsidiaries, the conditions to Company shall, and shall cause its Representatives accessing such properties to, comply with all applicable Laws and all of Parent’s and the obligations of the Parties heretoParent Subsidiaries’ safety and security procedures.

Access to Information; Confidentiality. The Upon reasonable notice, the Company shall, and shall cause its Significant Subsidiaries to, afford to PennCorp and to the officers, employees, accountants, counsel, financial advisors and other representatives toof PennCorp, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records records. During such period, the Company will, and will cause its Significant Subsidiaries to, make a reasonable amount of office space (including standard office equipment) at its offices in Lincolnshire, Illinois and Kokomo, Indiana, available to such agents, employees, advisers and other representatives of PennCorp as may be necessary PennCorp shall designate. Upon reasonable notice, PennCorp shall make its executive officers available to enable the Company and its representatives during the period prior to the Effective Time for the purpose of permitting the Company to confirm the accuracy continue its review of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during PennCorp. During such period, NeoHydro Technologies Corp. shall, each of the Company and PennCorp shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request other party a copy of (i) a copy of each report, schedule, registration statement SAP Annual Statement and other document SAP Quarterly Statement filed by it its subsidiaries (including any separate account) during such period pursuant to the requirements of federal any applicable law, (ii) each SEC Document or state securities laws PennCorp SEC Document, as the case may be filed by it (including any separate account) during such period, and (iii) all correspondence or written communication with A.M. Best and Company, Standard & Poor's Corporation, Moody's Investor Xxxxxxes, Inc., and with any Governmental Entity or insurance regulatory authorities which relates to the transactions contemplated hereby or which is otherwise material to the financial condition or operations of the Company and its subsidiaries taken as a whole, or to PennCorp and its subsidiaries taken as a whole, as the case may be. During such period, each of the Company and PennCorp shall furnish to the other party such other financial, operating and other data as may be reasonably required by the other party in order to perform its investigation regarding the representations and warranties made by the other party pursuant to this Agreement. Without limiting the foregoing, the Company shall furnish to PennCorp (i) after the end of each month, any management financial reports (together with all accompanying documents) prepared with respect to such month, (ii) all notices with respect to any alleged deficiency or violation material to the financial condition or operations of any subsidiary from any Governmental Entity, (iii) each written report on examination of financial condition or market conduct (whether in draft or final form) of any subsidiary issued by any applicable Governmental Entity, (iv) all material filings with insurance regulators made by any subsidiaries under the insurance holding company statutes of their domiciliary jurisdictions, (v) all material correspondence with, and any prepared summaries of meetings with, representatives of the IRS or other information taxing authorities, (vi) all material correspondence or communications with state insurance regulatory authorities concerning its businessany subsidiaries, propertiesincluding, financial conditionwithout limitation, operations any such items relating to rehabilitation, insolvency, liquidation, supervision, or other comparable state proceeding, and personnel as such other party may from time to time reasonably request(vii) all correspondence or communication with any rating agency. Except as required by law, each of the Company and NeoHydro Technologies Corp. PennCorp will hold, and will cause its respective directors, officers, partners, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information obtained from the other party in confidence. • No investigation pursuant confidence to this Section 4.01 shall affect any representations or warranties the extent required by, and in accordance with, the provisions of the Parties herein or letter dated July 10, 1996, between PennCorp and the conditions to Company (the obligations "Confidentiality Agreement") (in the case of the Parties heretoCompany as though it were the party receiving information thereunder).

Access to Information; Confidentiality. The Subject to Law, the Company shall, and shall cause each of its officers, employees, counsel, financial advisors and other representatives Subsidiaries to, afford to NeoHydro Technologies Corp. Parent and its Parent’s representatives reasonable access access, upon reasonable advance notice and during normal business hours hours, during the period prior to the Effective Time Time, to all its and to the Company’s respective properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives each of their respective Subsidiaries to, furnish promptly to NeoHydro Technologies Corp. Parent all information concerning its business, properties, financial condition, operations properties and personnel as may be reasonably requested (in each case, in a manner so as to not interfere in any material respect with the normal business operations of Company or its Subsidiaries); provided, however, that Company shall not be required to permit such access or make such disclosure, to the extent that such disclosure or access would reasonably be likely to (i) violate the terms of any confidentiality agreement or other Contract with a third party, (ii) result in the loss of any attorney-client privilege, or (iii) violate any Law. Notwithstanding anything contained in this Agreement to the contrary, neither party may from time shall be required to time provide any access or make any disclosure to the other pursuant to this Section 7.01 to the extent such access or information is reasonably requestpertinent to a litigation where the Company or any of its Affiliates, on the one hand, and Parent or any of its Affiliates, on the other hand, are adverse parties. For Parent and the purposes of determining Company may, as each deems advisable and necessary, reasonably designate any competitively sensitive material to be provided to the accuracy other under this Section 7.01 as “Outside Counsel Only Material.” Such materials and information contained therein shall be given only to the outside counsel of the representations recipient and warranties will not be disclosed by such outside counsel to employees, officers or directors of NeoHydro Technologies Corp. the recipient unless express permission is obtained in advance from Company or its legal counsel. All information exchanged pursuant to this Section 7.01 shall be subject to the confidentiality agreement, dated as of May 14, 2014, between Parent and the Company (the “Confidentiality Agreement”). Subject to the limitations and restrictions set forth herein in, and compliance by NeoHydro Technologies Corp. without expanding the obligations of its obligations hereunderthe Parties under, during the period prior to the Effective Timethis Section 7.01 and Law, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives Subsidiaries to, furnish promptly reasonably cooperate with Parent and its Subsidiaries to facilitate the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each planning of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties integration of the Parties herein or parties and their respective businesses after the conditions to the obligations of the Parties heretoClosing Date.

Access to Information; Confidentiality. The Company (1) During the Interim Period, subject to compliance with applicable Law and the terms of any existing Contracts, the IPC Companies shall, and shall cause its officers, directors, employees, counselindependent auditors, financial advisors accounting advisers and other representatives agents to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its Vasogen, Cervus and to the Company’s their officers, employees, agents and representatives such access as Vasogen and/or Cervus may reasonably require at all reasonable times, to their officers, employees, agents, properties, books, contractsrecords and Contracts, commitmentsand shall make available to Vasogen all data and information as Vasogen may reasonably request. Without limiting the foregoing, personnel Vasogen and records andsuch other persons shall, during such periodupon reasonable prior notice, have the Company right, at Vasogen’s sole cost, to conduct appraisal and inspections of the material properties of Vasogen. The IPC Companies and Vasogen acknowledge and agree that information furnished pursuant to this Section 8.6 shall be subject to the terms and conditions of the Confidentiality Agreement. (2) From the date hereof until the earlier of the Effective Time and the termination of this Agreement, subject to compliance with applicable Law and the terms of any existing Contracts, Vasogen shall, and shall cause its officers, employees directors, employees, independent auditors, accounting advisers and agents to, afford to the IPC Companies and to its officers, employees, agents and representatives tosuch access as the IPC Companies may reasonably require at all reasonable times, furnish promptly to NeoHydro Technologies Corp. all information concerning its businesstheir officers, propertiesemployees, financial conditionagents, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel records and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shallContracts, and shall cause its officers, employees and representatives to, furnish promptly make available to the Company upon its request (i) a copy of each report, schedule, registration statement IPC Companies all data and other document filed by it during such period pursuant to information as the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party IPC Companies may from time to time reasonably request. Except as required by law, each Vasogen and the IPC Companies acknowledge and agree that information furnished pursuant to this Section 8.6 shall be subject to the terms and conditions of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No Confidentiality Agreement. (3) Any investigation pursuant to this Section 4.01 8.6 shall affect any representations or warranties be conducted during normal business hours and in such manner as not to interfere unreasonably with the conduct of the Parties herein or the conditions to the obligations business of the Parties heretoIPC Companies or Vasogen, as the case may be. (4) Notwithstanding or any other provision of this Agreement, no Party shall be obligated to provide access to, or to disclose, any information to another Party if it reasonably determines that such access or disclosure would violate applicable Law or jeopardize any solicitor-client privilege claim by such Party; provided that such Party shall use its reasonable best efforts to put in place an arrangement to permit such disclosure without loss of solicitor-client privilege.

Access to Information; Confidentiality. The Company (a) From the date hereof until the earlier of the Effective Date and the termination of this Agreement, PCS shall, and shall cause its Subsidiaries and Representatives to, subject to all applicable Laws and any confidentiality obligations owed by PCS to a third party or in respect to customer specific or competitively sensitive information and in accordance with the Confidentiality Agreement and any other subsequent written agreement that addresses confidentiality between the Parties, afford to Agrium and the Representatives of Agrium reasonable access at all reasonable times to their officers, employees, counselagents, financial advisors properties, books, records and contracts, and shall furnish Agrium with all data and information as Agrium may reasonably request, subject to any confidentiality obligations owed by PCS to a third party or in respect to customer specific or competitively sensitive information, the conditions contained in the Confidentiality Agreement and any other representatives tosubsequent written agreement that addresses confidentiality between the Parties, afford in order to NeoHydro Technologies Corp. permit Agrium to be in a position to expeditiously and its representatives reasonable access during normal business hours during efficiently integrate the period businesses and operations of Agrium and PCS immediately upon but not prior to the Effective Time to its Date. (b) From the date hereof until the earlier of the Effective Date and to the Company’s propertiestermination of this Agreement, books, contracts, commitments, personnel and records and, during such period, the Company Agrium shall, and shall cause its Subsidiaries and Representatives to, subject to all applicable Laws and any confidentiality obligations owed by Agrium to a third party or in respect to customer specific or competitively sensitive information and in accordance with the Confidentiality Agreement and any other subsequent written agreement that addresses confidentiality between the Parties, afford to PCS and to the Representatives of PCS reasonable access at all reasonable times to their officers, employees and representatives toemployees, furnish promptly to NeoHydro Technologies Corp. all information concerning its businessagents, properties, financial conditionbooks, operations records and personnel contracts, and shall furnish PCS with all data and information as such other party PCS may from time to time reasonably request. For , subject to any confidentiality obligations owed by Agrium to a third party or in respect to customer specific or competitively sensitive information, the purposes conditions contained in the Confidentiality Agreement and any other subsequent written agreement that addresses confidentiality between the Parties, in order to permit PCS to be in a position to expeditiously and efficiently integrate the businesses and operations of determining the accuracy of the representations Agrium and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period PCS immediately upon but not prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties heretoDate.

Access to Information; Confidentiality. The Subject to applicable Law and, with respect to any classified or controlled unclassified materials, to Parent’s, U.S. Parent’s and their Representatives’ compliance with any security clearance requirements and procedures or export controls requirements (to the extent reasonably determined necessary by the Company in order to comply with applicable Law), and upon reasonable prior written notice, the Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives each of the Company Subsidiaries to, afford to NeoHydro Technologies Corp. Parent, U.S. Parent and its representatives to their Representatives reasonable access during normal business hours during the period prior to the Effective Time to its and to the Company’s all their properties, books, contracts, commitmentsoffices, personnel and books and records and, during such period, the Company shall, and shall cause its officers, employees and representatives each of the Company Subsidiaries to, furnish promptly to NeoHydro Technologies Corp. Parent and U.S. Parent all financial, operating and other data and information concerning its business, properties, financial condition, operations properties and personnel as such other party Parent or U.S. Parent may from time to time reasonably request. For ; provided, however, that any such access shall not interfere unreasonably with the purposes of determining the accuracy business or operations of the representations Company or the Company Subsidiaries or otherwise result in any significant interference with the prompt and warranties timely discharge by such employees of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. their normal duties. None of the Company or any Company Subsidiary shall be required to (i) provide access to or to disclose information where such access or disclosure would reasonably be expected to jeopardize the attorney-client privilege of the Company or the Company Subsidiaries (provided that the Company shall use its obligations hereunder, during reasonable efforts to allow for such access or disclosure in a manner that would not reasonably be expected to jeopardize the period attorney-client privilege) or contravene any Law or binding agreement entered into prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy date of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal this Agreement or state securities laws and (ii) all provide access to or to disclose such portions of documents or information relating to pricing or other matters that are highly sensitive where such access or disclosure, as determined by the Company’s counsel, is reasonably likely to result in antitrust difficulties for the Company or its affiliates. No investigation by Parent or U.S. Parent or any of their respective Representatives and no other receipt of information concerning its business, properties, financial condition, operations and personnel by Parent or U.S. Parent or any of their respective Representatives shall operate as such other party may from time to time reasonably request. Except as required by law, each a waiver or otherwise affect any representation or warranty of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and or any covenant or other representatives and affiliates to hold, any nonpublic provision in this Agreement. All information in confidence. • No investigation exchanged pursuant to this Section 4.01 6.02 shall affect any representations or warranties of the Parties herein or the conditions be subject to the obligations of non-disclosure agreement dated February 23, 2010, between the Parties heretoCompany and Parent (the “Confidentiality Agreement”).

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford Subject to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior applicable Laws relating to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodexchange of information, the Company shall, shall afford to Parent and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with Parent’s Representatives reasonable access during normal business hours to its the Company’s officers, employees, agents, properties, books, contracts, commitments, personnel Contracts and records as may be necessary to enable and the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during Parent such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, propertiespersonnel, assets, liabilities and properties as Parent may reasonably request; provided that Parent and its representatives shall conduct any such activities in such a manner as not to interfere unreasonably with the business or operations of the Company; provided, further however, that the Company shall not be obligated to provide such access or information if the Company determines, in its reasonable judgment, that doing so would violate applicable Law or a Contract or obligation of confidentiality owing to a third-party, waive the protection of an attorney-client privilege, or expose the Company to risk of liability for disclosure of sensitive or personal information. Without limiting the foregoing, in the event that the Company does not provide access or information in reliance on the preceding sentence, it shall provide notice to Parent that it is withholding such access or information and shall use its reasonable best efforts to communicate, to the extent feasible, the applicable information in a way that would not violate the applicable Law, Contract or obligation or risk waiver of such privilege. Without limiting the generality of this Section 5.7, from the date of this Agreement until the Effective Time, the Company will furnish to the Parent promptly after becoming available, (i) monthly financial conditionstatements, operations including an unaudited balance sheet, income statement and personnel statement of cash flows for each month through the Closing Date, as such other party it may prepare for management’s internal use, and (ii) any update of its outlook for the quarter or the balance of the fiscal year, as it may prepare for management’s internal use. Until the Effective Time, the information provided will be subject to the terms of the letter agreement, dated as of April 5, 2012, between the Company and Parent (as it may be amended from time to time reasonably request. Except as required by lawtime, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties hereto“Confidentiality Agreement”).

Access to Information; Confidentiality. The (a) Upon reasonable notice, the Company shall, shall (and shall cause each of its officersSubsidiaries to) afford reasonable access to Parent’s Representatives, employees, counsel, financial advisors and other representatives to, afford in a manner not disruptive to NeoHydro Technologies Corp. the operations of the business of the Company and its representatives reasonable access Subsidiaries, during normal business hours during and upon reasonable notice throughout the period prior to the Effective Time to its and (or until the earlier termination of this Agreement), to the Company’s personnel, agents, properties, books, contracts, commitments, personnel books and records of the Company and its Subsidiaries and, during such period, the Company shall, shall (and shall cause each of its Subsidiaries to) furnish promptly to such Representatives all information concerning the business, properties and personnel of the Company and its Subsidiaries as may reasonably be requested; provided, however, that nothing herein shall require the Company or any of its Subsidiaries to disclose any information to Parent or Acquisition Sub if such disclosure would, in the reasonable judgment of the Company, (i) cause significant competitive harm to the Company or its Subsidiaries if the transactions contemplated by this Agreement are not consummated, (ii) violate Applicable Law or the provisions of any Contract to which the Company or any of its Subsidiaries is a party or (iii) jeopardize any attorney-client, attorney work product or any other legal privilege. No investigation or access permitted pursuant to this Section 6.5(a) shall affect or be deemed to modify any representation or warranty made by the Company hereunder. Parent and the Parent External Adviser agree that it and they will not, and will cause its and their Representatives not to, use any information obtained pursuant to this Section 6.5(a) for any competitive or other purpose unrelated to the consummation of the transactions contemplated by this Agreement. Each of the September 2018 Confidentiality Agreement and the February 2019 Confidentiality Agreement shall apply with respect to information furnished by the Company, its investment adviser, its Subsidiaries and the Company’s officers, employees and representatives other Representatives hereunder. (b) Upon reasonable notice, Parent shall (and shall cause each of its Subsidiaries and Acquisition Sub to) afford reasonable access to the Company’s Representatives, furnish promptly in a manner not disruptive to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, the operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations business of Parent and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunderSubsidiaries, during normal business hours and upon reasonable notice throughout the period prior to the Effective TimeTime (or until the earlier termination of this Agreement), NeoHydro Technologies Corp. shall provide to the Company properties, books and records of Parent and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, Subsidiaries and, during such period, NeoHydro Technologies Corp. shall, shall (and shall cause each of its officers, employees Subsidiaries and representatives Acquisition Sub to, ) furnish promptly to such Representatives all information concerning the business, properties and personnel of Parent and its Subsidiaries (including Acquisition Sub) as may reasonably be requested; provided, however, that nothing herein shall require Parent or any of its Subsidiaries (including Acquisition Sub) to disclose any information to the Company upon its request if such disclosure would, in the reasonable judgment of Parent, (i) a copy of each reportcause significant competitive harm to Parent or its Subsidiaries (including Acquisition Sub) if the transactions contemplated by this Agreement are not consummated, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all violate Applicable Law or the provisions of any Contract to which Parent or any of its Subsidiaries (including Acquisition Sub) is a party or (iii) jeopardize any attorney-client, attorney work product or any other information concerning its business, properties, financial condition, operations and personnel as such other party may from time legal privilege. No investigation or access permitted pursuant to time reasonably requestthis Section 6.5(b) shall affect or be deemed to modify any representation or warranty made by Parent or Acquisition Sub hereunder. Except as required by law, each of the The Company and NeoHydro Technologies Corp. agrees that it will holdnot, and will cause its respective directorsRepresentatives not to, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, use any nonpublic information in confidence. • No investigation obtained pursuant to this Section 4.01 shall affect 6.5(b) for any representations competitive or warranties other purpose unrelated to the consummation of the Parties herein or the conditions to the obligations transactions contemplated by this Agreement. Each of the Parties heretoSeptember 2018 Confidentiality Agreement and the February 2019 Confidentiality Agreement shall apply mutatis mutandis with respect to information furnished by Parent, the Parent External Adviser, its Subsidiaries, Acquisition Sub and Parent’s officers, employees and other Representatives hereunder.

Access to Information; Confidentiality. The Subject to contractual and legal restrictions applicable to the Company and its Subsidiaries, the Company shall, and shall cause each of its officers, employees, counsel, financial advisors and other representatives Subsidiaries to, afford to NeoHydro Technologies Corp. Parent and its representatives Representatives reasonable access during normal business hours during the period prior from the date of this Agreement to the Effective Time or the date of the termination of this Agreement, as the case may be, to its and to the Company’s all of their respective properties, books, contracts, commitments, personnel and records (including the work papers of independent accountants, if available and subject to the consent of such independent accountants) and, during such period, the Company shall, and shall cause its officers, employees and representatives Subsidiaries to, furnish promptly to NeoHydro Technologies Corp. Parent and its Representatives all information concerning its business, properties, financial condition, operations properties and personnel as such other party may from time to time reasonably request. For , in each case, for reasonable business purposes related to the purposes of determining the accuracy consummation of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunderTransactions; provided, during however, such access does not unreasonably disrupt the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy ordinary course operations of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunderAcquired Companies. No access, andmaterials, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal information or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 5.4 shall affect any representations representation or warranties warranty in this Agreement of the Parties herein any party or the conditions any condition to the obligations of the Parties heretoparties. This Section 5.4 shall not require any Acquired Company to permit any access, or to disclose any materials or information, that in the reasonable judgment of such party would reasonably be expected to (i) result in the disclosure of any trade secrets of third parties or a violation of any of its obligations with respect to confidentiality under any Contract or Law (provided that party shall have used its reasonable best efforts to obtain the consent of such third party to such access or disclosure), (ii) result in the loss of the attorney-client privilege, work product doctrine or other legal privilege with respect to such materials or information or (iii) in the case of documents or portions of documents relating to pricing or other matters that are highly sensitive, result in a violation of applicable Law (including a Governmental Entity alleging that providing such information violates any Regulatory Law). If any material is withheld by a party pursuant to the preceding sentence, such party shall inform the other as to the general nature of what is being withheld and use reasonable best efforts to make appropriate substitute arrangements to permit reasonable disclosure under circumstances in which the restrictions of the preceding sentence apply, to the extent permitted by applicable Law. All materials and information exchanged or to which access is granted pursuant to this Section 5.4 shall be subject to the Confidentiality Agreement, dated as of January 21, 2020 (the “Confidentiality Agreement”), between the Company and Parent.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. Parent and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives, reasonable access, during normal business hours upon reasonable notice throughout the period prior to the Closing, to the Company’s books, financial information (including working papers and data in the possession of the Company’s or its independent public accountants, internal audit reports, and “management letters” from such accountants with respect to the Company’s systems of internal control), Contracts and records of the Company and, during such period, shall furnish promptly such information concerning the Business, properties and personnel of the Company as Parent shall reasonably request; provided, however, such investigation shall be carried out in a manner that does not disrupt in any material respect the Company’s operations. The Company shall authorize and direct the appropriate directors, managers, Employees, consultants and other advisors (including contract research organizations and contract manufacture organizations) of the Company to discuss matters involving the operations and Business with representatives of Parent, provided that the timing of such discussions shall be coordinated between the Company and affiliates Parent to holdcomply with the foregoing provisions of this Section 6.1. From and after the Closing, each Equityholder shall treat and hold as such any nonpublic and all confidential information concerning the Business and affairs of the Company (“Confidential Information”), refrain from using any of the Confidential Information except in confidenceconnection with this Agreement, and deliver promptly to Parent or destroy, at the request and option of Parent, all tangible embodiments (and all copies) of the Confidential Information which are in such Equityholder’s possession. • If any Equityholder is ever requested or required to disclose any Confidential Information, such Equityholder shall notify Parent promptly of such request or requirement so that Parent may seek an appropriate protective order or waive compliance with this Section 6.1. If, in the absence of a protective order or the receipt of a waiver hereunder, such Equityholder, on the written advice of counsel, is compelled to disclose any Confidential Information to any Governmental Body, arbitrator, or mediator or else stand liable for contempt, such Equityholder may disclose such Confidential Information to the extent so required. Notwithstanding anything express or implied in the foregoing provisions of this Section 6.1 to the contrary, the Company shall not be required to disclose or provide access to any information if such disclosure or access would contravene any applicable Law. No investigation information provided to or obtained by Parent pursuant to this Section 4.01 6.1 shall limit or otherwise affect any the remedies available hereunder to Parent (including Parent’s right to seek indemnification pursuant to Article VIII), or the representations or warranties of the Parties herein of, or the conditions to the obligations of of, the Parties parties hereto.

Access to Information; Confidentiality. The (a) To the extent permitted by applicable Law, the Company shallshall afford to Parent, and shall cause its to Parent's officers, employees, accountants, counsel, financial advisors and other representatives toRepresentatives, afford to NeoHydro Technologies Corp. reasonable access (including for the purpose of coordinating integration activities and transition planning with the employees of the Company and its representatives reasonable access Subsidiaries) during normal business hours and upon reasonable prior notice to the Company during the period prior to the Effective Time or the termination of this Agreement to all its and to the Company’s its Subsidiaries' properties, books, contractsContracts, commitments, personnel and records records, but only to the extent that such access does not unreasonably interfere with the business or operations of the Company and its Subsidiaries, and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request Parent (ia) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal Federal or state securities laws Laws and (iib) all other information concerning its and its Subsidiaries' business, properties, financial condition, operations properties and personnel as Parent may reasonably request; provided, however, that the Company shall not be required to (or to cause any of its Subsidiaries to) so confer, afford such access or furnish such copies or other party information to the extent that doing so would result in the loss of attorney-client privilege (provided that the Company shall use its reasonable best efforts to allow for such access or disclosure in a manner that does not result in a loss of attorney-client privilege). Except for disclosures expressly permitted by the terms of the Confidentiality Agreement dated as of August 4, 2004 between Parent and the Company (as it may be amended from time to time reasonably request. Except as required by lawtime, each of the Company and NeoHydro Technologies Corp. will "Confidentiality Agreement"), Parent shall hold, and will shall cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates Representatives to hold, all information received from the Company, directly or indirectly, in confidence in accordance with the Confidentiality Agreement. The Confidentiality Agreement shall survive any nonpublic information termination of this Agreement. Notwithstanding the terms of the Confidentiality Agreement, Parent and the Company agree that until the earlier of the consummation of this Agreement or the six month anniversary of the date of the termination of this Agreement, as applicable, each party and its respective Subsidiaries shall not, without the other party's prior written consent, directly or indirectly solicit for employment (other than through advertising in confidencenewspapers or periodicals of general circulation or recruiters' searches, in each case not specifically directed at the other party's employees) any person currently employed by the other party or any of its Subsidiaries with whom it has contact or who is identified to such party in connection with the transactions contemplated by this Agreement. • No investigation pursuant to this Section 4.01 shall 5.02 or information provided or received by any party hereto pursuant to this Agreement will affect any of the representations or warranties of the Parties herein parties hereto contained in this Agreement or the conditions hereunder to the obligations of the Parties parties hereto. (b) To the extent permitted by applicable Law, Parent shall afford to the Company and its Representatives reasonable access to Parent's personnel and records (i) on a basis consistent with the Company's access to such personnel and records prior to the date hereof in connection with the Company's due diligence review of Parent and its Subsidiaries in connection with the transactions contemplated hereby and (ii) to the extent reasonably necessary for the Company to determine whether the conditions set forth in Section 6.03 are satisfied.

Access to Information; Confidentiality. The (a) During the period from the date of this Agreement through the earlier of the Effective Time and the termination of this Agreement pursuant to Section 8.01, upon reasonable notice, the Company shall, shall and shall cause each of its Subsidiaries to (i) afford Parent and its authorized directors, officers, employees, counsel, financial advisors potential Financing Sources and other representatives to, afford to NeoHydro Technologies Corp. and its representatives Representatives reasonable access during normal business hours during the period prior to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, assets, employees, officers, Contracts, books and records of the Company and its Subsidiaries; and (ii) furnish to Parent and its authorized directors, officers, employees, potential Financing Sources and Representatives such additional financial condition, operations and personnel operating data and other information regarding the Company and its Subsidiaries (or copies thereof) as such other party Parent may from time to time reasonably request. For ; provided, however, that any such access or furnishing of information shall be conducted at Parent’s expense, during normal business hours, under the purposes supervision of determining the accuracy a director, officer, employee or Representative of the representations Company and warranties in such a manner as not to interfere with the normal operations of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly Subsidiaries. Notwithstanding anything to the Company upon its request (i) a copy of each reportcontrary in this Agreement, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will holdits Subsidiaries shall not be required to provide, and will or cause to be provided, any such access or disclose any such information to Parent or its respective authorized directors, officers, employees, accountantspotential Financing Sources or Representatives if such disclosure would, in the Company’s reasonable discretion, (x) jeopardize any attorney-client or other legal privilege; or (y) contravene any applicable Law, Order, fiduciary duty or binding agreement entered into prior to the date of this Agreement. The Company may, as it deems advisable and necessary, reasonably designate any competitively sensitive material provided to Parent under this Section 6.03(a) as “Antitrust Counsel Only Material”. Such materials and the information contained therein shall be given only to Parent’s outside antitrust counsel or a designated in house counsel of Parent approved by the Company and will not be disclosed by such outside counsel or in-house counsel to directors, officers, other employees, potential Financing Sources or Representatives of Parent unless express permission is obtained in advance from the Company or its outside legal counsel, financial advisors and other representatives and affiliates to hold, any nonpublic . (b) All information in confidence. • No investigation obtained by Parent pursuant to this Section 4.01 6.03 shall affect any representations or warranties of be kept confidential in accordance with the Parties herein or Confidentiality and Standstill Agreement, dated February 18, 2013, as amended May 8, 2013 (the conditions to “Confidentiality Agreement”), between Parent and the obligations of the Parties heretoCompany.

Access to Information; Confidentiality. The (a) Between the date hereof and the Company Merger Effective Time, or the date, if any, on which this Agreement is terminated pursuant to Section 9.1, to the extent permitted by applicable Law, each Party shall, and shall cause each of its officersSubsidiaries to, employees(i) furnish Company or Parent, counselas applicable, with such financial advisors and operating data and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior information with respect to the Effective Time to its and to the Company’s business, properties, offices, books, contracts, commitments, records and personnel and records and, during such period, of the Company shalland the Company Subsidiaries or Parent and Parent Subsidiaries, and shall cause its officersas applicable, employees and representatives toas the Company or Parent, furnish promptly to NeoHydro Technologies Corp. all information concerning its businessas applicable, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For , (ii) subject to the purposes terms of determining the accuracy Company Leases, use its commercially reasonable efforts to facilitate reasonable access for the Company or Parent, as applicable, and its authorized representatives (including counsel, financial advisors and auditors) during normal business hours, and upon reasonable advance notice, to all Company Properties or Parent Properties, as applicable; provided that no investigation pursuant to this Section 7.6 shall affect or be deemed to modify any of the representations or warranties made by the Company or Parent, as applicable, hereto and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of all such access shall be coordinated through the Company or Parent, as applicable, or its obligations hereunderrespective designated representatives, during the period prior in accordance with such reasonable procedures as they may establish. (b) Prior to the Company Merger Effective Time, NeoHydro Technologies Corp. each of the Buyer Parties shall provide hold nonpublic information, including any information exchanged pursuant to this Section 7.6 in confidence to the extent required by and in accordance with, and will otherwise comply with, the terms contained in that certain confidentiality agreement between Parent and the Company dated May 27, 2016 (the “Confidentiality Agreement”), which shall remain in full force and its representatives with reasonable access during normal business hours effect pursuant to its properties, books, contracts, commitments, personnel the terms thereof notwithstanding the execution and records as may be necessary to enable delivery of this Agreement or the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly termination thereof. (c) Prior to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by lawMerger Effective Time, each of the Company and NeoHydro Technologies Corp. will holdParties shall hold nonpublic information, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, including any nonpublic information in confidence. • No investigation exchanged pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions 7.6 in confidence to the obligations extent required by and in accordance with, and will otherwise comply with, the terms contained in that certain confidentiality agreement between Parent and the Company, dated August 25, 2016 (the “Parent Confidentiality Agreement”), which shall remain in full force and effect pursuant to the terms thereof notwithstanding any termination of the Parties heretothis Agreement.

Access to Information; Confidentiality. The Company shall(a) Upon reasonable prior notice, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during from the period prior to date hereof until the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodTime, the Company shall, and shall cause its the Company Subsidiaries and the officers, directors, employees, auditors and agents of the Company and the Company Subsidiaries to, afford the officers, employees and representatives toother Representatives of Parent and Purchaser reasonable access at all reasonable times to the officers, furnish promptly to NeoHydro Technologies Corp. all information concerning its businessemployees, agents, properties, financial conditionoffices, operations plants and personnel as such other party may from time to time reasonably request. For the purposes facilities, books and records of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its propertieseach Company Subsidiary, books, contracts, commitments, personnel and records as may be necessary to enable including the Owned Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shallIntellectual Property, and shall cause its furnish Parent and Purchaser with such financial, operating and other data and information (including the work papers of the Company’s accountants) as Parent or Purchaser, through their officers, employees and representatives toother Representatives, furnish promptly may reasonably request as long as these actions are in compliance with all applicable data privacy/protection Laws; provided, that such disclosure shall not be required to include any information that is subject to a statutory non-disclosure or similar provision or agreement with a Governmental Authority; prime contractor, higher-tier subcontractor, distributor, or other third party for end-use by a Governmental Authority (collectively, “Governmental Contracting Parties”), or that is subject to an attorney-client privilege. If requested by Parent, the Company upon agrees to use its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant reasonable best efforts to secure the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each consent of the Company appropriate Governmental Contracting Party to permit disclosure of such protected information to Parent and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic Purchaser. (b) All information in confidence. • No investigation obtained by Parent or Purchaser pursuant to this Section 4.01 7.2 shall be held confidential in accordance with the confidentiality agreement between Parent and the Company (the “Confidentiality Agreement”). (c) The Company shall consult with Parent in good faith on a regular basis as reasonably requested by Parent to report material (individually or in the aggregate) operational developments, the status of relationships with customers and potential customers, the status of ongoing operations and other matters reasonably requested by Parent, including the continued accuracy of the Company’s representations and warranties and compliance with the Company’s covenants and obligations under this Agreement. (d) The Company may, as it deems advisable and necessary in its reasonable judgment, designate any competitively sensitive materials provided under this Section 7.2 as “outside counsel only.” Such materials and the information contained therein shall be given only to outside counsel of the recipient and will not be disclosed by such outside counsel to employees, officers, or directors of the recipient without the advance written consent of the Company. (e) No investigation or consultation pursuant to this Section 7.2 or otherwise shall affect any representations representation, warranty, covenant or warranties other agreement in this Agreement of the Parties herein any party hereto or the conditions any condition to the obligations of the Parties heretoparties hereto or any condition to the Offer.

Access to Information; Confidentiality. The (a) Subject to applicable Laws relating to access to and the exchange of information: (i) the Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives Subsidiaries to, afford to NeoHydro Technologies Corp. Buyer and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its and on reasonable advance notice to the Company’s and its Subsidiaries’ properties, books, contracts, commitments, personnel records and records and, during representatives; and (ii) provided that such periodaccess does not unreasonably interfere with the conduct of Business of the Company or its Subsidiaries, the Company shall, and shall cause its officers, employees and representatives to, furnish (or otherwise make available) promptly to NeoHydro Technologies Corp. Buyer, all information concerning its businessand its Subsidiaries’ Business, properties, financial condition, operations Liabilities and personnel as such other party Buyer may from time to time reasonably request. For request for the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance referred to above, other than any personnel information protected by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and applicable privacy Laws. (b) No investigation by Buyer or its representatives with reasonable access during normal business hours to its propertiesshall affect any representations, bookswarranties, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal covenants or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each agreements of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties Stockholders set forth herein or the conditions to the obligations of the Parties hereto. (c) All information obtained by either Buyer or Merger Sub pursuant hereto shall be kept confidential in accordance with the confidentiality agreement, dated as of October 4, 2007, between Buyer and the Company (the “Confidentiality Agreement”); provided, however, that (i) the Confidentiality Agreement shall terminate at the Effective Time; (ii) paragraph (7) of the Confidentiality Agreement is of no further force or effect; and (iii) paragraph (14) of the Confidentiality Agreement shall have no application to disputes arising out of this Agreement (each of which shall be governed by Section 9.9 hereof). (d) Following the Closing, Buyer, the Surviving Corporation and each of its Subsidiaries will afford promptly to the CSE Holders and their agents reasonable access to the properties, books, records, employees and auditors of the Surviving Corporation and its Subsidiaries to the extent necessary to permit such CSE Holders to determine any matter relating to their rights and obligations hereunder or to any period ending on or before the Closing Date or any taxable period beginning on or before the Closing Date; provided that any such access by such CSE Holders does not unreasonably interfere with the conduct of the business of the Surviving Corporation or Buyer.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during (a) From the period prior date of this Agreement to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodin compliance with applicable Laws, the Company shall, and shall cause the Subsidiaries and the officers, directors, employees, auditors, investment bankers, counsel, agents and other representatives ("Representatives") of the Company and the Subsidiaries to afford the Representatives of Parent and Merger Sub reasonable access at all reasonable times to the officers, employees, agents, properties, offices and other facilities, books and records of the Company and each Subsidiary, and shall furnish Parent and Merger Sub with such financial, operating and other data and information as Parent or Merger Sub, through its officers, employees and representatives toor agents, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For . (b) Without limiting the purposes of determining foregoing, (i) Parent and its Representatives (including its financing sources) shall have the accuracy right to conduct appraisal (including appraisal of the representations Company's trademarks and warranties other Intellectual Property) and environmental and engineering inspections of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. each of its obligations hereunderthe Company's properties. With respect to environmental matters, during Parent shall have the period prior right to retain a consultant to undertake environmental assessments of the Property. The Company shall provide access to the Effective Time, NeoHydro Technologies Corp. shall provide Real Property for the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy conduct of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shallenvironmental assessments, and shall cause its officers, employees and representatives to, furnish promptly provide to the environmental consultant all known and available environmental and worker health and safety information and documentation concerning any environmental matters pertaining to the Company, any of the Subsidiaries or the Property. (ii) The Company upon its request shall furnish to Parent the following financial information (all to be prepared in accordance with GAAP consistently applied): (i) a copy as soon as available but in any event within 30 days of each reportcalendar month (or within 45 days of a calendar month that coincides with the end of the Company's fiscal year) the unaudited consolidated balance sheets and income statements of the Company, schedule, registration statement showing its financial condition as of the close of such month and other document filed by it the results of operations during such period pursuant to month and for the requirements then elapsed portion of federal or state securities laws the Company's fiscal year, in each case, setting forth the comparative figures for the corresponding month in the prior fiscal year and the corresponding elapsed portion of the prior fiscal year; (ii) all other information concerning its business, properties, financial condition, operations profit and personnel as such other party may from time to time reasonably request. Except as required by law, loss statements for each of the Company's sporting goods equipment and licensed products divisions, showing the respective financial condition as of the close of such month and the results of operations during such month and for the then elapsed portion of the Company's fiscal year, in each case, setting forth the comparative figures for the corresponding month in the prior fiscal year and the corresponding elapsed portion of the prior fiscal year; and (iii) all documents filed with or submitted to the SEC by the Company simultaneously with such filing or submission. In addition, the Company shall promptly notify Parent of any negotiations regarding contracts or licenses with respect to the Company's Intellectual Property, shall provide Parent with information regarding the parties thereto and NeoHydro Technologies Corp. will holdmaterial terms and conditions thereof, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic shall promptly update Parent regarding the status of such negotiations. (c) All information in confidence. • No investigation obtained by Parent or Merger Sub pursuant to this Section 4.01 7.02 shall be kept confidential in accordance with the confidentiality agreement, dated May 9, 2007 (the "Confidentiality Agreement"), between M. Hidary & Company, Inc. and the Company. (d) No xxxxxxxxxtion pursuant to this Section 7.02 or otherwise shall affect or be deemed to modify any representations representation or warranties warranty in this Agreement of the Parties herein or the conditions to the obligations of the Parties any party hereto.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during (a) From the period prior to date hereof until the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodTime, the Company shall, and shall cause its the Company Subsidiaries and the officers, directors, employees, auditors and agents of the Company and the Company Subsidiaries to, afford the officers, employees and representatives toother Representatives of Parent and Purchaser reasonable access at all reasonable times to the officers, furnish promptly to NeoHydro Technologies Corp. all information concerning its businessemployees, agents, properties, financial conditionoffices, operations plants and personnel as such other party may from time to time reasonably request. For the purposes facilities, books and records of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its propertieseach Company Subsidiary, books, contracts, commitments, personnel and records as may be necessary to enable including the Owned Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shallIntellectual Property, and shall cause its furnish Parent and Purchaser with such financial, operating and other data and information (including the work papers of the Company’s accountants) as Parent or Purchaser, through their officers, employees and representatives other Representatives, may reasonably request as long as these actions are in compliance with all applicable data privacy/protection Laws. Without limiting the generality of the foregoing, the Company shall and shall cause each Company Subsidiary to, furnish promptly make available to Parent by posting and making accessible to Parent within the Company upon its request Project Williamsburg 2009 workspace on the Xxxxxxx Corporation DataSite related to this transaction (ithe “Data Room”) a copy of each reportmaterial internal or external report prepared by, scheduleor on behalf of, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, or any nonpublic Company Subsidiary as long as these actions are in compliance with all applicable data privacy/protection Laws. (b) All information in confidence. • No investigation obtained by Parent or Purchaser pursuant to this Section 4.01 7.4 shall be held confidential in accordance with the confidentiality agreement, dated February 11, 2009 (the “Confidentiality Agreement”), between Parent and the Company. (c) The Company shall consult with Parent in good faith on a regular basis as requested by Parent to report material (individually or in the aggregate) operational developments, the status of relationships with customers and potential customers, the status of ongoing operations and other matters reasonably requested by Parent. (d) No investigation or consultation pursuant to this Section 7.4 or otherwise shall affect any representations representation warranty, covenant or warranties other agreement in this Agreement of the Parties herein any party hereto or the conditions any condition to the obligations of the Parties heretoparties hereto or any condition to the Offer.

Access to Information; Confidentiality. (a) The Company shall, and shall cause its the Company Subsidiaries to, afford to Parent, and to Parent's officers, employees, accountants, counsel, financial advisors advisers and other representatives torepresentatives, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its and to the Company’s all their respective properties, books, contractsContracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives the Company Subsidiaries to, furnish promptly to NeoHydro Technologies Corp. all Parent such copies of the existing books, records, Tax Returns and other documents and information concerning its business, properties, financial condition, operations relating to the Company and personnel the Company Subsidiaries as such other party Parent may from time to time reasonably request. For Without limiting the purposes of determining the accuracy generality of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunderforegoing, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company shall, within two (2) Business Days of request therefor, provide to Parent the information described in Rule 14a-7(a)(2)(ii) under the Exchange Act and its representatives with reasonable access during normal business hours any information to its properties, books, contracts, commitments, personnel and records as may which a holder of Company Common Stock would be necessary to enable the Company to confirm the accuracy entitled under Section 220 of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during DGCL (assuming such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to holder met the requirements of such section). All information exchanged pursuant to this Section 7.02 shall be subject to the Confidentiality Agreement and the Confidentiality Agreement shall remain in full force and effect in accordance with its terms. (b) Notwithstanding the foregoing paragraph and the Confidentiality Agreement, any party to this Agreement (and each employee, agent or representative of the foregoing) may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the Transactions and all materials of any kind (including opinions or other tax analyses) that are provided relating to such tax treatment and tax structure except to the extent maintaining such confidentiality is necessary to comply with any applicable federal or state securities laws and (ii) all other information concerning its businesslaws; provided, propertieshowever, financial condition, operations and personnel as that such other party disclosure may from time to time reasonably request. Except as required by law, each not be made until the earlier of the Company and NeoHydro Technologies Corp. will holddate of the public announcement of discussions relating to the Transactions, the date of the public announcement of the Transactions, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties the date of the Parties herein or the conditions to the obligations execution of the Parties heretothis Agreement.

Access to Information; Confidentiality. The Company (a) Upon reasonable notice and subject to applicable laws, AMNB shall, and shall cause each of its Subsidiaries to, afford to the officers, employees, accountants, counsel, financial advisors and other representatives toRepresentatives of Buyer, afford to NeoHydro Technologies Corp. and its representatives reasonable access access, during normal business hours during the period prior to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to all of its properties, books, contracts, commitments, personnel personnel, information technology systems and records as may be necessary to enable the Company to confirm the accuracy records, provided, that such investigation or requests shall not interfere unnecessarily with normal operations of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of AMNB or its obligations hereunderSubsidiaries, and, during such period, NeoHydro Technologies Corp. AMNB shall, and shall cause its officers, employees and representatives Subsidiaries to, furnish promptly make available to the Company upon its request Buyer (i) a copy of each report, schedule, registration statement and other document filed or received by it during such period pursuant to the requirements of federal securities laws or federal or state securities banking laws (other than reports or documents that AMNB is not permitted to disclose under applicable law), and (ii) all other information concerning its business, properties, financial condition, operations properties and personnel as such other party Buyer may from time to time reasonably request. Except Neither Buyer nor AMNB nor any of their respective Subsidiaries shall be required to provide access to or to disclose information where such access or disclosure would violate or prejudice the rights of Buyer’s or AMNB’s, as required by the case may be, customers, jeopardize the attorney-client privilege of the institution in possession or control of such information (after giving due consideration to the existence of any common interest, joint defense or similar agreement between the parties), or contravene any law, each rule, regulation, order, judgment, decree, fiduciary duty or binding agreement entered into prior to the date of this Agreement. The parties hereto will make appropriate substitute disclosure arrangements under circumstances in which the restrictions of the Company preceding sentence apply. (b) Each of Buyer and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and AMNB shall hold all information furnished by or on behalf of the other representatives and affiliates to hold, party or any nonpublic information in confidence. • No investigation of such party’s Subsidiaries or Representatives pursuant to this Section 4.01 Agreement in confidence to the extent required by, and in accordance with, the provisions of the confidentiality agreement, dated June 8, 2023, between Buyer and AMNB (the “Confidentiality Agreement”). (c) No investigation by Buyer or its Representatives shall affect any representations or warranties be deemed to modify or waive the representations, warranties, covenants and agreements of AMNB set forth herein. Nothing contained in this Agreement shall give either party, directly or indirectly, the right to control or direct the operations of the Parties herein or the conditions other party prior to the obligations Effective Time. Prior to the Effective Time, each party shall exercise, consistent with the terms and conditions of the Parties heretothis Agreement, complete control and supervision over its and its Subsidiaries’ respective operations.

Access to Information; Confidentiality. The Company shall(a) Between the date hereof and the effective time of the First Merger, Pathlore will afford SumTotal and shall cause its officersauthorized accountants, employees, counsel, financial advisors counsel and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its and to the Company’s properties, books, contracts, commitments, records and personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly of Pathlore to NeoHydro Technologies Corp. obtain all information concerning its the business, including the status of product development efforts, properties, financial condition, results of operations and personnel of such party, as such other party SumTotal may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal No information or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, knowledge obtained in any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall 5.5 will affect or be deemed to modify any representations representation or warranties of the Parties warranty contained herein or the conditions to the obligations of the Parties heretoparties to consummate the Mergers. Any investigation pursuant to this Section 5.5 shall be conducted in a manner which will not interfere unreasonably with the conduct of business of Pathlore. (b) Between the date hereof and the effective time of the First Merger, SumTotal will afford Pathlore and its authorized accountants, counsel and other representatives reasonable access during normal business hours to the properties, books, records and personnel of SumTotal to obtain all information concerning the business, properties, results of operations and personnel of such party, as Pathlore may reasonably request. Such access shall be of a similar scope to the access provided in connection with Pathlore’s due diligence investigation in connection with its evaluation of the transactions contemplated by this Agreement. No information or knowledge obtained in any investigation pursuant to this Section 5.5 will affect or be deemed to modify any representation or warranty contained herein or the conditions to the obligations of the parties to consummate the Mergers. Any investigation pursuant to this Section 5.5 shall be conducted in a manner which will not interfere unreasonably with the conduct of business of SumTotal. (c) The parties acknowledge that Pathlore and SumTotal have previously executed a Confidentiality Agreement, dated December 1, 2004 (the “Confidentiality Agreement”), attached hereto as Exhibit F, which Confidentiality Agreement will continue in accordance with its terms until the Closing shall have occurred, at which time it shall terminate. The Confidentiality Agreement shall continue in full force and effect in the event this Agreement is terminated.

Access to Information; Confidentiality. (a) The Company shall, and shall cause the Company Subsidiaries and the officers, directors, employees and agents of the Company and the Company Subsidiaries, to, afford the officers, employees and agents of Parent and Merger Sub, at their sole cost and risk, reasonable access at all reasonable times from the date hereof through the Effective Date to its officers, employees, counselagents, financial advisors and other representatives toproperties, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its and to the Company’s propertiesfacilities, books, contractsrecords, commitmentscontracts and other assets and shall furnish Parent and Merger Sub all financial, personnel operating and records andother data and information as Parent and Merger Sub through their officers, during employees or agents, may reasonably request. Parent and Merger Sub, at their sole cost and risk, shall have the right to make such perioddue diligence investigations as Parent and Merger Sub shall deem necessary or reasonable, upon reasonable notice to the Company and without disruption or damage to Company's operations or properties. No additional investigations or disclosures shall affect the Company's representations and warranties contained herein, or limit or otherwise affect the remedies available to Parent and Merger Sub pursuant to this Agreement. (b) Parent shall, and shall cause the Parent Subsidiaries and the officers, directors, employees and agents of Parent and the Parent Subsidiaries, to, afford the officers, employees and agents of the Company, at its sole cost and risk, reasonable access at all reasonable times from the date hereof through the Effective Date to its officers, employees, agents, properties, facilities, books, records, contracts and other assets and shall furnish the Company all financial, operating and other data and information as the Company through its officers, employees and representatives toor agents, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For The Company, at its sole cost and risk, shall have the purposes of determining right to make such due diligence investigations as the accuracy of the Company shall deem necessary or reasonable, upon reasonable notice to Parent and without disruption or damage to Parent's operations or properties. No additional investigations or disclosures shall affect Parent's representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereundercontained herein, during or limit or otherwise affect the period prior remedies available to the Effective TimeCompany pursuant to this Agreement. (c) The provisions of the Confidentiality Agreement, NeoHydro Technologies Corp. dated February 16, 2004, between Parent and the Company (the "Company Confidentiality Agreement") shall provide remain in full force and effect in accordance with its terms. The provisions of the Confidentiality Agreement, dated March 10, 2004, between the Company and Parent (the "Parent Confidentiality Agreement") shall remain in full force and effect in accordance with its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties heretoterms.

Access to Information; Confidentiality. The (a) Subject to applicable Law, the Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives each of the Company Subsidiaries to, afford to NeoHydro Technologies Corp. Parent and its representatives to Parent’s Representatives reasonable access during normal business hours access, upon reasonable advance notice, during the period prior to from the date of this Agreement until the earlier of the Effective Time or termination of this Agreement in accordance with its terms, to its and to the Company’s all their respective properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives each of the Company Subsidiaries to, furnish promptly to NeoHydro Technologies Corp. Parent all information concerning its business, propertiesproperties and personnel as Parent may reasonably request in connection with this Agreement and the transactions contemplated hereby, including for purposes of any business planning (including for post-Closing periods) and integration; provided, however, that the Company (i) shall not be required to afford such access if it would unreasonably disrupt the operations of the Company, (ii) may withhold any document or information the disclosure of which would cause a violation of any agreement to which the Company or such Company Subsidiary is a party (provided that the Company shall use its reasonable best efforts to obtain the required consent of such third party to such access or disclosure) and (iii) may withhold any document or information the disclosure of which would be reasonably likely to risk a loss of legal privilege (provided that the Company shall use its reasonable best efforts to allow for such access or disclosure (or as much of it as possible) in a manner that would not be reasonably likely to risk a loss of legal privilege). (b) Until the earlier of (i) the Closing Date and (ii) one (1) year from the date hereof, each of Parent and the Company shall hold in strict confidence and not disclose or release without the prior written consent of other Party, any and all Confidential Information of the other Party; provided that each of Parent and the Company may disclose, or may permit disclosure of, Confidential Information (i) to its Representatives who have a need to know such information and are informed of their obligation to hold such information confidential to the same extent as is applicable to the Parties hereto and in respect of whose failure to comply with such obligations, Parent or the Company, as applicable, shall be responsible, or (ii) if Parent or the Company, or any of their respective Representatives is compelled (whether by deposition, interrogatory, request for documents, subpoena, civil investigation, demand, order or other legal process) or otherwise required by Law to disclose any such Confidential Information. As used in this Agreement, “Confidential Information” of a Party shall mean all proprietary, operational, financial or other business information or material, data, reports, interpretations, forecasts and business plans of such Party and its businesses, products, services, financial condition, operations and personnel as such other party may from time to time reasonably request. For operations, assets, liabilities and/or prospects which is, or after the purposes of determining date hereof, comes into the accuracy possession of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. other Party or any of its obligations hereunderrespective Representatives, during the period prior including pursuant to the Effective Time, NeoHydro Technologies Corp. shall provide access provisions of Section 6.02 or any other provision of any Transaction Agreement; except the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy term “Confidential Information” of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request a Party does not include any information which (i) at the time of disclosure is generally available to and known by the public (other than as a copy result of each reporta disclosure by the other Party in breach of this Section 6.02(b)), schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all becomes available after the date hereof to the other information concerning Party or any of its businessRepresentatives on a non-confidential basis from a source which is not subject to any contractual, properties, financial condition, operations and personnel as legal or fiduciary obligation of confidentiality to such Party or (iii) is independently developed by the other party may from time to time reasonably request. Except as required by law, each Party or any of its Representatives without use of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties heretoConfidential Information.

Access to Information; Confidentiality. (a) The Company shall, shall (and shall cause each of its officers, employees, counsel, financial advisors and other representatives Subsidiaries to, ) afford to NeoHydro Technologies Corp. Parent and its representatives Representatives and the Debt Financing Sources and their Representatives reasonable access (and taking into account any remote working arrangement of the Company and its Subsidiaries), at Parent’s sole cost and expense, in a manner not disruptive in any material respect to the operations of the Company and its Subsidiaries, during normal business hours during and upon reasonable advance notice throughout the period prior to commencing on the date of this Agreement until the earlier of the Effective Time to its and the termination of this Agreement in accordance with the terms of Article VII (Termination, Amendment and Waiver), to the Company’s properties, books, contracts, commitments, personnel books and records of the Company and its Subsidiaries and, during such period, the Company shall, shall (and shall cause each of its Subsidiaries to) furnish promptly to Parent and its Representatives all information (to the extent not publicly available) concerning the business, properties and personnel of the Company and its Subsidiaries as may reasonably be requested, including any financial statements, other financial data and monthly financial statements within the time such statements are customarily prepared, and, during such period (it being understood, this Section 5.4(a) shall not require the delivery of financial information not otherwise required to be delivered pursuant to Sections 5.10 or 5.11 of this Agreement); provided, however, that nothing herein (or in Sections 5.10 or 5.11 of this Agreement) shall require the Company or any of its Subsidiaries to disclose any information to Parent, Merger Sub, the Debt Financing Sources or any of their respective Representatives, if such disclosure would, in the reasonable judgment of the Company, (a) cause significant competitive harm to the Company or its Subsidiaries if the transactions contemplated by this Agreement are not consummated, (b) violate applicable Law or the confidentiality provisions of any agreement to which the Company or any of its Subsidiaries is a party or (c) jeopardize any attorney-client or other legal privilege; provided, that the Company will inform Parent of the general nature of the document or information being withheld and reasonably cooperate with Parent to provide such document or information in a manner that would not cause significant competitive harm (including by way of redaction), or result in violation of Law or the loss or waiver of such privilege; provided, further, that nothing herein shall authorize Parent or its Representatives or the Debt Financing Sources or their Representatives to undertake any environmental testing involving sampling of soil, groundwater, air or other environmental medium or similar invasive techniques at any of the properties owned, operated or leased by the Company or its Subsidiaries. Notwithstanding anything herein to the contrary, the Company shall not be required to provide access or make any disclosure to Parent, Merger Sub, the Debt Financing Sources or any of their respective Representatives (i) to the extent that such access or information is reasonably pertinent to a litigation where the Company or any of its Affiliates, on the one hand, and Parent or any of its Affiliates, on the other hand, are adverse parties or (ii) regarding matters that relate to the negotiation and execution of this Agreement, including with respect to the consideration or valuation of the Merger or any Alternative Acquisition Proposal or Superior Proposal, in each case, other than as required by the terms of this Agreement. (b) No investigation or access permitted pursuant to this Section 5.4 shall affect or be deemed to modify any representation or warranty made by the Company hereunder. Parent agrees that it will not, and will cause its Representatives and Affiliates (including Merger Sub) not to, use any information obtained pursuant to this Section 5.4 for any competitive or other purpose unrelated to the consummation of the transactions contemplated by this Agreement (which transactions, for the avoidance of doubt, shall include the Financing). The Confidentiality Agreement shall apply with respect to information furnished by the Company, its Subsidiaries and the Company’s officers, employees and representatives toother Representatives hereunder and, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period if this Agreement is terminated prior to the Effective Time, NeoHydro Technologies Corp. the Confidentiality Agreement shall provide the Company remain in full force and effect in accordance with its representatives with reasonable access during normal business hours terms prior to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly giving effect to the Company upon its request (i) a copy execution of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties heretoAgreement.

Access to Information; Confidentiality. (a) The Company shall, and shall cause its Subsidiaries to, (i) provide to Parent and its Representatives access at reasonable times upon prior notice to the officers, employees, counselproperties, financial advisors auditors, authorized representatives, books and other representatives to, afford to NeoHydro Technologies Corp. records of the Company and its representatives reasonable Subsidiaries and (ii) furnish promptly such information concerning the Company and its Subsidiaries as Parent and its Representatives may reasonably request. Nothing herein shall require the Company or any of its Subsidiaries to (A) grant access during normal if the Company determines that such access would reasonably be expected to disrupt or impair the business hours during or operations of the period prior Company or any of its Subsidiaries or (B) disclose information to the Effective Time to its and to extent such disclosure would, in the Company’s propertiesgood faith opinion after consultation with legal counsel, books(x) result in a waiver of attorney-client privilege, contractswork product doctrine or similar privilege or (y) violate any applicable Law or any confidentiality obligation of such party. In the event that the Company does not provide access or information in reliance on the preceding sentence, commitmentsit shall provide notice to Parent that it is withholding such access or information and the Company shall use its reasonable best efforts to communicate, personnel and records and, during such periodto the extent feasible, the applicable information in a way that would not violate the applicable Law, Contract or obligation or risk waiver of such privilege. (b) Parent and the Company shallshall comply with, and shall cause its officerstheir respective Representatives to comply with, employees all of their respective obligations under the separate Confidentiality Agreements, dated March 15, 2018 (the “Confidentiality Agreements”), between each of Xxxxxx Xxxxxxxxxxx and representatives toFortress Investment Group, furnish promptly LLC, on the one hand, and the Company, on the other hand, with respect to NeoHydro Technologies Corp. all the information concerning its businessdisclosed under this Section 5.3; provided, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For that notwithstanding the purposes of determining the accuracy terms of the representations Confidentiality Agreements, Parent may provide such information to potential sources of capital, including the Financing Sources, and warranties to rating agencies and prospective lenders and investors during syndication of NeoHydro Technologies Corp. set forth herein and compliance the Debt Financing (including any alternative financing) subject to customary confidentiality arrangements that have been approved in advance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and (such approval not to be unreasonably withheld, conditioned or delayed). (c) Nothing contained in this Agreement shall give Parent or its representatives with reasonable access during normal business hours Affiliates, directly or indirectly, rights to its properties, books, contracts, commitments, personnel and records as may conduct or cause to be necessary to enable the Company to confirm the accuracy conducted any environmental investigation of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal current or state securities laws and (ii) all other information concerning its business, properties, financial condition, former operations and personnel as such other party may from time to time reasonably request. Except as required by law, each or facilities of the Company and NeoHydro Technologies Corp. will hold, and will cause or any of its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties Subsidiaries without the prior written consent of the Parties herein or the conditions to the obligations of the Parties heretoCompany in its sole discretion.

Access to Information; Confidentiality. The (a) Upon reasonable notice and subject to applicable Laws relating to the exchange of information, the Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives each of the Company Subsidiaries to, afford to NeoHydro Technologies Corp. the Acquirer and its representatives Representatives reasonable access access, during normal business hours during the period prior to the Effective Time Closing, to its and to all the Company’s properties, books, contracts, commitments, personnel and records of the Company and the Company Subsidiaries (including Tax Returns and work papers of the Company’s accountants), and to its Representatives, in each case to the extent within the control of the Company and in a manner not unreasonably disruptive to the operation of the business of the Company and the Company Subsidiaries, and, during such period, the Company shall, and shall cause its officers, employees and representatives the Company Subsidiaries to, furnish promptly make available to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request Acquirer (i) a copy of each material report, schedule, registration statement and other document filed or received by it during such period pursuant to the requirements of the federal or state securities laws or other applicable Laws (other than reports or documents which the Company is not permitted to disclose under applicable Law) and (ii) all other material information concerning its business, properties, financial condition, operations properties and personnel as Acquirer may reasonably request in writing. Neither the Company nor any of the Company Subsidiaries shall be required to provide access to or to disclose information, documents or other materials if (i) such other access or disclosure would jeopardize the attorney-client privilege of the person in possession or control of such information, the Company or any Company Subsidiary or contravene any Law applicable to the person in possession or control of such information, the Company or any Company Subsidiary or (ii) such access or disclosure would violate the terms of a confidentiality agreement with a third party may from time that is in effect as of the date of this Agreement. The parties hereto will make appropriate substitute disclosure arrangements under circumstances in which the restrictions of the preceding sentence apply. (b) The Acquirer hereby agrees to time reasonably request. Except as required by lawkeep confidential and to cause its Subsidiaries, each Affiliates and Representatives to keep confidential any and all confidential information of the Company and NeoHydro Technologies Corp. will holdthe Company Subsidiaries, including non-public information relating to the Company’s finances and will cause its respective directorsresults, officerstrade secrets, employeesknow-how, accountantscustomers, counselbusiness plans, marketing activities, financial advisors data and other representatives and affiliates business affairs that was disclosed by the Company, the Company Subsidiaries or their Affiliates or Representatives on or prior to hold, any nonpublic information in confidence. • No investigation the date of this Agreement pursuant to this Section 4.01 shall affect any representations or warranties the terms of the Parties herein or the conditions to the obligations of the Parties heretoConfidentiality Agreements.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during (a) From the period prior date of this Agreement to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodin compliance with applicable Laws, the Company shall, and shall cause the Subsidiaries and the officers, directors, employees, auditors, investment bankers, counsel, agents and other representatives ("Representatives") of the Company and the Subsidiaries to afford the Representatives of Parent and Merger Sub reasonable access at all reasonable times to the officers, employees, agents, properties, offices and other facilities, books and records of the Company and each Subsidiary, and shall furnish Parent and Merger Sub with such financial, operating and other data and information as Parent or Merger Sub, through its officers, employees and representatives toor agents, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For . (b) Without limiting the purposes of determining foregoing, (i) Parent and its Representatives (including its financing sources) shall have the accuracy right to conduct appraisal (including appraisal of the representations Company's trademarks and warranties other Intellectual Property) and environmental and engineering inspections of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. each of its obligations hereunderthe Company's properties. With respect to environmental matters, during Parent shall have the period prior right to retain a consultant to undertake environmental assessments of the Property. The Company shall provide access to the Effective Time, NeoHydro Technologies Corp. shall provide Real Property for the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy conduct of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shallenvironmental assessments, and shall cause its officers, employees and representatives to, furnish promptly provide to the environmental consultant all known and available environmental and worker health and safety information and documentation concerning any environmental matters pertaining to the Company, any of the Subsidiaries or the Property. (ii) The Company upon its request shall furnish to Parent the following financial information (all to be prepared in accordance with GAAP consistently applied): (i) a copy as soon as available but in any event within 30 days of each reportcalendar month (or within 45 days of a calendar month that coincides with the end of the Company's fiscal year) the unaudited consolidated balance sheets and income statements of the Company, schedule, registration statement showing its financial condition as of the close of such month and other document filed by it the results of operations during such period pursuant to month and for the requirements then elapsed portion of federal or state securities laws the Company's fiscal year, in each case, setting forth the comparative figures for the corresponding month in the prior fiscal year and the corresponding elapsed portion of the prior fiscal year; (ii) all other information concerning its business, properties, financial condition, operations profit and personnel as such other party may from time to time reasonably request. Except as required by law, loss statements for each of the Company's sporting goods equipment and licensed products divisions, showing the respective financial condition as of the close of such month and the results of operations during such month and for the then elapsed portion of the Company's fiscal year, in each case, setting forth the comparative figures for the corresponding month in the prior fiscal year and the corresponding elapsed portion of the prior fiscal year; and (iii) all documents filed with or submitted to the SEC by the Company simultaneously with such filing or submission. In addition, the Company shall promptly notify Parent of any negotiations regarding contracts or licenses with respect to the Company's Intellectual Property, shall provide Parent with information regarding the parties thereto and NeoHydro Technologies Corp. will holdmaterial terms and conditions thereof, and will cause its respective directorsshall promptly update Parent regarding the status of such negotiations. (c) All information obtained by Parent or Merger Sub pursuant to this Section 7.02 shall be kept confidential in accordance with the confidentiality agreement, officersdated June 28, employees2007 (the "Confidentiality Agreement"), accountants, counsel, financial advisors between Parent and other representatives and affiliates to hold, any nonpublic information in confidence. • the Company. (d) No investigation pursuant to this Section 4.01 7.02 or otherwise shall affect or be deemed to modify any representations representation or warranties warranty in this Agreement of the Parties herein or the conditions to the obligations of the Parties any party hereto.

Access to Information; Confidentiality. The (a) Subject to applicable Law, upon reasonable notice, the Company shall, shall (and shall cause its Subsidiaries to) afford Parent’s and its Subsidiaries’ officers, employees, counsel, financial advisors employees and other representatives toauthorized Representatives reasonable access, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during from the period prior date of this Agreement through to the Effective Time or the termination of this Agreement, to its and to the Company’s employees, properties, books, contracts, commitments, personnel contracts and records and, during such period, the Company shall, shall (and shall cause its officers, employees and representatives Subsidiaries to, ) furnish promptly to NeoHydro Technologies Corp. all Parent such information concerning its business, properties, financial condition, operations the Business and the properties and personnel of the Company and its Subsidiaries as such other party Parent may from time to time reasonably request. For , including, without limitation, the purposes monthly “Executive Business Review” report and other similar monthly financial reports of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its propertiesSubsidiaries; provided, bookshowever, contracts, commitments, personnel and records as may be necessary to enable that the foregoing shall not require the Company to confirm (i) provide access to any information or documents that, in the accuracy reasonable judgment of the representations Company, would (A) constitute a waiver of the attorney-client privilege held by the Company, or (B) violate any applicable Laws; provided, further, however, that the Company will use its reasonable best efforts to obtain any required consents for the disclosure of such information or documents and warranties take such other action (such as entering into a joint defense agreement or other arrangement to avoid loss of NeoHydro Technologies Corp. set forth herein the attorney-client privilege) with respect to such information or documents as is necessary to permit disclosure to Parent and compliance Parent’s Representatives or (ii) provide access to any minutes and resolutions of the Company Board (or any authorized committee thereof) adopted after the date hereof, to the extent relating to the evaluation of the transactions contemplated hereby or any alternative transactions, including any Takeover Proposal. Notwithstanding the foregoing, any investigation or consultation taken pursuant to this Section 6.2(a) shall be conducted in such a manner as not to interfere unreasonably with the business or operations of the Company or its Subsidiaries or otherwise result in any significant interference with the prompt and timely discharge by NeoHydro Technologies Corp. the employees of the Company and its obligations hereunder, and, during such period, NeoHydro Technologies Corp. Subsidiaries of their normal duties. (b) Each of Parent and Sub shall, and shall cause its officers, employees and representatives their Representatives to, furnish promptly hold all information furnished to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed Parent or Sub by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each on behalf of the Company and NeoHydro Technologies Corp. will holdor its Subsidiaries, directly or indirectly, in confidence in accordance with, and will cause its respective directorsshall otherwise abide by and be subject to, officers, employees, accountants, counsel, financial advisors the terms and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties conditions of the Parties herein or Non-Disclosure Agreement, dated as of February 21, 2012, between Parent and the conditions to Company (the obligations “Confidentiality Agreement”). The Confidentiality Agreement shall survive any termination of the Parties heretothis Agreement.

Access to Information; Confidentiality. The Company shall, and shall cause its each Company Subsidiary to, afford to Parent and to the officers, employees, accountants, counsel, financial advisors and other representatives toRepresentatives of Parent, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior to before the Effective Time to its and to the Company’s all their respective properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the each Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives Subsidiary to, furnish promptly to the Company upon its request other party (ia) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal Federal or state securities laws and (iib) all other information concerning its business, properties, financial condition, operations properties and personnel as such other party may from time to time reasonably request. Except as required by law; provided, each however, that such access does not unreasonably disrupt the normal operations of the Company or any Company Subsidiary. This Section 6.02 shall not require the Company or any Company Subsidiary to permit any access, or to disclose any information, that in the reasonable judgment of such party would reasonably be expected to result in (i) the disclosure of any trade secrets of third parties or a violation of any of its obligations with respect to confidentiality if such party shall have used reasonable best efforts to obtain the consent of such third party to such inspection or disclosure, (ii) the loss of attorney-client privilege with respect to such information (provided, that each party shall use all reasonable efforts, such as the entry into a joint defense agreement, to permit such access or disclosure without the loss of such privilege) or (iii) in the case of documents or portions of documents relating to pricing or other matters that are highly sensitive, a Governmental Authority alleging that providing such information violates antitrust Law. If any material is withheld by such party pursuant to the proviso to the preceding sentence, such party shall inform the other party as to the general nature of what is being withheld and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates use reasonable best efforts to hold, any nonpublic provide appropriate alternative disclosure. All information in confidence. • No investigation exchanged pursuant to this Section 4.01 6.02 shall affect any representations or warranties of the Parties herein or the conditions be subject to the obligations of Mutual Confidential Disclosure Agreement dated March 1, 2023 between the Parties heretoCompany and Parent (the “Confidentiality Agreement”).

Access to Information; Confidentiality. The Company shall, and the Subsidiaries shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. Buyer and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives, and to prospective financing sources, investors and placement agents and each of their respective representatives (collectively, “Buyer’s Representatives”), full access, during normal business hours upon reasonable notice throughout the period prior to the Closing, to the Company’s and affiliates Subsidiaries’ properties and facilities (including all Company Properties and the buildings, structures, fixtures, appurtenances and Improvements erected, attached or located thereon), books, financial information (including working papers and data in the possession of the Company, Sellers and the Subsidiaries or their respective independent public accountants, internal audit reports, and “management letters” from such accountants with respect to holdeach of the Company and the Subsidiaries’ systems of internal control), Contracts and records of the Company and the Subsidiaries and, during such period, shall furnish promptly such information concerning the businesses, properties and personnel of the Company and the Subsidiaries as Buyer shall reasonably request; provided, that such investigation shall not unreasonably disrupt the Company and the Subsidiaries’ operations. In addition, prior to the Closing, the Company and the Subsidiaries shall afford to Buyer and to Buyer’s Representatives the opportunity to meet with and to discuss their relationships post-Closing with Significant Providers, IC Representatives, other service providers and other material personnel of the Company and the Subsidiaries. Prior to the Closing, the Company and the Subsidiaries shall keep Buyer informed as to all material matters involving the operations and businesses of each of the Company and the Subsidiaries. The Company and the Subsidiaries shall authorize and direct the appropriate officers, directors, managers and Employees to discuss matters involving the operations and businesses of each of the Company and the Subsidiaries with representatives of Buyer and its prospective financing sources, investors or placement agents. Prior to the Closing, any nonpublic non-public information in confidence. • No investigation provided to or obtained by Buyer pursuant to this Section 4.01 6.1 will be subject to the Confidentiality and Non-Disclosure Agreement, dated July 25, 2019, between the Company and Blucora, Inc. (the “Confidentiality Agreement”), and must be held by Buyer in accordance with and be subject to the terms of the Confidentiality Agreement. No information provided to or obtained by Buyer pursuant to this Section 6.1 or otherwise shall limit or otherwise affect any the remedies available hereunder to Buyer (including Buyer’s right to seek indemnification pursuant to Article VIII), or the representations or warranties of the Parties herein of, or the conditions to the obligations of of, the Parties heretoparties.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford (a) From the date of this Agreement until the earlier to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior to occur of the Effective Time to its and to or the Company’s properties, books, contracts, commitments, personnel and records and, during such periodtermination of this Agreement in accordance with the terms set forth in ARTICLE IX of this Agreement, the Company shall, and shall cause its Subsidiaries to, afford to Parent and Parent’s Representatives reasonable access, at reasonable times during normal operating hours, upon prior notice and in a manner as shall not unreasonably interfere with the business or operations of the Company or any Subsidiary thereof, to the officers, employees and representatives toemployees, furnish promptly to NeoHydro Technologies Corp. all information concerning its businessaccountants, properties, financial conditionoffices and other Facilities and to all books, operations records, Contracts and personnel as such other party may from time to time reasonably request. For the purposes assets of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its propertiesSubsidiaries, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives Subsidiaries to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during Parent such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations the business and personnel as such other party may from time to time reasonably request. Except as required by law, each properties of the Company and NeoHydro Technologies Corp. will holdits Subsidiaries as Parent may reasonably request from time to time. Notwithstanding the foregoing, and will neither the Company nor any of its Subsidiaries shall be required to provide access to or disclose information where such access or disclosure would be reasonably likely to jeopardize the protection of attorney-client privilege or contravene any Law (it being agreed that the Parties shall use their commercially reasonable efforts to cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates such information to hold, any nonpublic information be provided in confidencea manner that would not result in such jeopardy or contravention). • No investigation shall affect the Company’s representations and warranties contained herein, or limit or otherwise affect the remedies available to Parent or Merger Sub pursuant to this Section 4.01 Agreement. (b) Parent and the Company shall affect any representations or warranties comply with, and shall cause their respective Representatives to comply with, all of their respective obligations under the Confidentiality Agreement, which shall survive the termination of this Agreement in accordance with the terms set forth in ARTICLE IX of this Agreement in accordance with the terms set forth therein. The terms and conditions of the Parties herein Confidentiality Agreement shall apply to any information obtained by Parent or the conditions any of its Representatives in connection with any investigation conducted pursuant to the obligations of the Parties heretoaccess contemplated by this Section 5.2.

Access to Information; Confidentiality. The (a) From the date hereof until the Closing Date, upon reasonable notice, the Company shallshall afford Parent and its Representatives reasonable access to the properties, assets, offices, facilities, books and records of the Company and its Subsidiaries and shall furnish Parent with such financial, operating and other data and information relating to the Company and its Subsidiaries as the Parent may reasonably request; provided, however, that any such access or furnishing of information shall be conducted during normal business hours, under the supervision of the Company’s personnel and in such a manner as not to unreasonably interfere with the normal operations of the Company and its Subsidiaries. Notwithstanding anything to the contrary in this Section, neither the Company nor any of its Subsidiaries shall be required to disclose any information to Parent or its Representatives if legal counsel for the Company reasonably determines that such disclosure would (a) be subject to any attorney-client or other legal privilege or immunities, or (b) contravene any Law; provided, that the Company shall give notice to Parent of the fact that it is withholding such information or documents pursuant to clause (a) or (b) above, and thereafter the Company and Parent shall reasonably cooperate to cause such information to be provided in a manner that would not reasonably be expected to waive the applicable privilege or contravene the applicable Law. Prior to the Closing, Parent shall not and shall cause its officers, employees, counsel, financial advisors Affiliates and its and their Representatives not to use any information obtained pursuant to this SECTION 5.5 for any purpose unrelated to the Merger and the transactions contemplated hereby. (b) Parent and Merger Sub shall hold all documents and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives Subsidiaries furnished to Parent or Merger Sub in connection with reasonable access during normal business hours to its propertiesthis Agreement or the transactions contemplated hereby in accordance with the Mutual Confidential Disclosure Agreement, booksdated as of June 10, contracts2023, commitments, personnel by and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of between the Company and NeoHydro Technologies Corp. will holdParent (the “Confidentiality Agreement”), which Confidentiality Agreement shall remain in full force and will cause effect in accordance with its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidenceterms. • No investigation pursuant to this Section 4.01 shall SECTION 5.5 or information or notification provided or received by Parent pursuant to this Agreement will affect any of the representations or warranties of the Parties herein contained in this Agreement (or the conditions to Company Disclosure Schedule) or prejudice the obligations rights and remedies of the Parties heretoParent or Merger Sub hereunder.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford (a) From the date of this Agreement until the earlier to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during occur of the period prior to the Merger Effective Time to its and to or the Company’s properties, books, contracts, commitments, personnel and records and, during such periodtermination of this Agreement in accordance with the terms set forth in Article VIII, the Company shall, and shall cause its Subsidiaries to, afford to the Parent and Representatives of the Parent reasonable access, at reasonable times and in a manner as shall not unreasonably interfere with the business or operations of the Company or any Subsidiary thereof, to the officers, employees and representatives toemployees, furnish promptly to NeoHydro Technologies Corp. all information concerning its businessaccountants, agents, properties, financial conditionoffices, operations and personnel as such other party may from time facilities and to time reasonably request. For the purposes all books, records, contracts, and other assets of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its propertiesSubsidiaries, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its Subsidiaries to, furnish promptly to the Parent such other information concerning the business and properties of the Company and its Subsidiaries as the Parent may reasonably request from time to time. Neither the Company nor any of its Subsidiaries shall be required to provide access to or disclose information where such access or disclosure would jeopardize the protection of attorney-client privilege or contravene any law (it being agreed that the parties shall use their reasonable best efforts to cause such information to be provided in a manner that would not result in such jeopardy or contravention). No investigation shall affect the Company’s representations, warranties, covenants, or agreements contained herein, or limit or otherwise affect the remedies available to the Parent or the Merger Sub pursuant to this Agreement. (b) From the date of this Agreement until the earlier to occur of the Merger Effective Time or the termination of this Agreement in accordance with the terms set forth in Article VIII, the Parent shall, and shall cause its Subsidiaries to, afford to the Company and the Representatives of the Company reasonable access, at reasonable times and in a manner as shall not unreasonably interfere with the business or operations of the Company or any Subsidiary thereof, to the officers, employees employees, accountants, agents, properties, offices, and representatives other facilities and to all books, records, contracts, and other assets of the Parent and its Subsidiaries, and the Parent shall, and shall cause its Subsidiaries to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning the business and properties of the Parent and its business, properties, financial condition, operations and personnel Subsidiaries as such other party the Company may reasonably request from time to time reasonably requesttime. Except as Neither the Parent nor any of its Subsidiaries shall be required by lawto provide access to or disclose information where such access or disclosure would jeopardize the protection of attorney-client privilege or contravene any law (it being agreed that the parties shall use their reasonable best efforts to cause such information to be provided in a manner that would not result in such jeopardy or contravention). No investigation shall affect the Parent’s representations, each of warranties, covenants, or agreements contained herein, or limit or otherwise affect the remedies available to the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates pursuant to hold, any nonpublic this Agreement. (c) All information in confidence. • No investigation furnished pursuant to this Section 4.01 6.6 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties heretobe kept confidential.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during (a) From the period prior date of this Agreement to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodTime, the Company shall, and shall cause each Company Subsidiary and each of its and each Company Subsidiary's Representatives to, (i) provide to Parent and Parent's Representatives access, at reasonable times upon prior notice, to the officers, employees employees, agents, properties, offices and representatives toother facilities and books and records of the Company and the Company Subsidiaries, and (ii) furnish promptly to NeoHydro Technologies Corp. all such information concerning its the business, properties, insurance, Contracts, prospects, Property, Liabilities, Tax Returns, Tax elections and all other workpapers and studies relating to Taxes, personnel, internal financial conditionstatements and other aspects of the Company and the Company Subsidiaries as Parent or Parent's Representatives may reasonably request. Notwithstanding the foregoing, operations the Company may restrict the foregoing access to the extent that (A) any Law of any Governmental Entity applicable to the Company requires the Company or any Company Subsidiary to restrict or prohibit such access to any such Properties or information, (B) Parent's access to the information would breach the Company's confidentiality obligations to a third party (provided that upon Parent's reasonable request the Company shall use its reasonable efforts to obtain such third party's consent to permit Parent access to such information, subject to appropriate confidentiality protections), or (C) disclosure of any such information or document would result in the loss of the Company's or any Company Subsidiary's attorney-client privilege. Subject to compliance with applicable Laws, from the date of this Agreement until the earlier of the termination of this Agreement and personnel as such other party may the Effective Time, the Company shall confer from time to time as reasonably request. For requested by Parent to meet with one or more Representatives of Parent to discuss any material changes or developments in the purposes of determining the accuracy operational matters of the representations Company and warranties each Company Subsidiary and the general status of NeoHydro Technologies Corp. set forth herein the ongoing operations of the Company and compliance by NeoHydro Technologies Corp. the Company Subsidiaries. (b) From the date of its obligations hereunder, during the period prior this Agreement to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. Parent shall, and shall cause each Parent Subsidiary and each of its officers, employees and representatives each Parent Subsidiary's Representatives to, furnish promptly (i) provide to the Company and the Company's Representatives access, at reasonable times upon its request (i) a copy of each reportprior notice, scheduleto the officers, registration statement employees, agents, properties, offices and other document filed by it during such period pursuant to the requirements facilities and books and records of federal or state securities laws Parent and Parent Subsidiaries, and (ii) all other furnish promptly such information concerning its the business, properties, insurance, Contracts, prospects, Property, Liabilities, Tax Returns, Tax elections and all other workpapers and studies relating to Taxes, personnel, internal financial conditionstatements and other aspects of Parent and the Parent Subsidiaries as the Company or the Company's Representatives may reasonably request. Notwithstanding the foregoing, operations Parent may restrict the foregoing access to the extent that (A) any Law of any Governmental Entity applicable to Parent requires Parent or any Parent Subsidiary to restrict or prohibit such access to any such Properties or information, (B) the Company's access to the information would breach Parent's confidentiality obligations to a third party (provided that upon the Company's reasonable request Parent shall use its reasonable efforts to obtain such third party's consent to permit the Company access to such information, subject to appropriate confidentiality protections), or (C) disclosure of any such information or document would result in the loss of Parent's or any Parent Subsidiary's attorney-client privilege. Subject to compliance with applicable Laws, from the date of this Agreement until the earlier of the termination of this Agreement and personnel as such other party may the Effective Time, Parent shall confer from time to time as reasonably request. Except as required requested by law, each the Company to meet with one or more Representatives of the Company to discuss any material changes or developments in the operational matters of Parent and NeoHydro Technologies Corp. will holdeach Parent Subsidiary and the general status of the ongoing operations of Parent and the Parent Subsidiaries. (c) The parties hereto acknowledge that Parent, the Company and Stanford have previously executed that certain Mutual Confidentiality Agreement, effective April 1, 2006 (as Amended from time to time, the "Confidentiality Agreement"), which shall continue in full force and effect in accordance with its terms. (d) The Company shall deliver to Parent a draft of Section 4.3(c)(1) and Section 4.3(c)(2) of the Updated Company Disclosure Schedules no later than five (5) Business Days prior to the proposed Closing Date. (e) Until the Effective Time, the Company shall consult and reasonably cooperate with Parent regarding the Company's implementation of procedures for review and attestation of its internal controls, shall provide Parent and its Representatives with reasonable access to the Company's policies and plans with regard to such review and attestation, and will cause the results of any review and analysis of its respective directorsinternal control systems, officersand shall reasonably consider in good faith the views of Parent in connection with the implementation, employees, accountants, counsel, financial advisors review and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties analysis of the Parties herein or Company's internal controls , and with respect to Parent's preparation of its purchase price allocation in connection with the conditions to the obligations of the Parties heretoMerger.

Access to Information; Confidentiality. (a) The Company parties hereby agree that from and after the Closing, except as would have been permitted under the terms of the Confidential Disclosure Agreement, dated as of November 7, 2019, between Parent and Buyer (the “Confidentiality Agreement”), (i) Buyer shall, and shall cause its officers, directors, employees, counsel, financial advisors representatives and other representatives Affiliates to, afford treat and hold as confidential, and not disclose to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior any Person, information related to the Effective Time discussions and negotiations between the parties regarding this Agreement and the Ancillary Agreements, and the transactions contemplated hereby and thereby and all confidential information relating to its Parent and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodExcluded Businesses, the Company Excluded Assets and the Excluded Liabilities, and (ii) Parent shall, and shall cause its officers, employees directors, employees, representatives and representatives Affiliates to, furnish promptly treat and hold as confidential, and not disclose to NeoHydro Technologies Corp. any Person, information related to the discussions and negotiations between the parties regarding this Agreement and the Ancillary Agreements, and the transactions contemplated hereby and thereby and all confidential information concerning its businessrelating to Buyer, propertiesthe Purchased Assets and the Business. If this Agreement is, financial conditionfor any reason, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period terminated prior to the Effective TimeClosing, NeoHydro Technologies Corp. the Confidentiality Agreement shall provide nonetheless continue in full force and effect in accordance with its terms. (b) Buyer acknowledges and agrees that any Confidential Information (as defined in the Company Confidentiality Agreement) provided to Buyer pursuant to this Agreement or otherwise by or on behalf of Parent or any officer, director, employee, agent, representative, accountant or counsel thereof shall be subject to the terms and conditions of the Confidentiality Agreement. (c) After the Closing Date, Parent shall (and shall cause its Affiliates to) afford to Buyer and its representatives with advisors, upon reasonable access notice, reasonable access, during normal business hours hours, to the Books, Records and Files (including accountants’ work papers) relating to the Business for periods up to and including the Closing Date that are retained by Parent and its properties, books, contracts, commitments, personnel Affiliates pursuant to the terms of this Agreement (and shall permit such Persons to examine and copy such books and records to the extent reasonably requested by such party) and Parent shall cause its advisors to furnish, at Parent’s sole cost and expense, such information as may be necessary reasonably requested by Buyer or its advisors in connection with financial reporting matters and other similar business purposes; provided, that nothing in this Section 5.02(c) shall require Parent or any of its Affiliates or advisors to enable furnish to Buyer or its advisors any materials prepared by Parent’s financial or legal advisors that are subject to an attorney-client privilege or an attorney work-product privilege or which may not be disclosed pursuant to a protective order; provided, further, that this Section 5.02(c) shall not apply to any Seller Services, as defined in the Company to confirm Transition Services Agreement, for which the accuracy terms and conditions of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. Transition Services Agreement shall control. Parent shall, and shall cause its officers, employees and representatives Affiliates to, furnish promptly maintain all such Books, Records and Files, and shall not destroy or dispose of any such Books, Records and Files, until the sixth (6th) anniversary of the Closing Date. (d) After the Closing Date, Buyer shall (and shall cause its Affiliates to) afford to Parent and its advisors, upon reasonable notice, reasonable access, during normal business hours, to the Company upon Books, Records and Files (including accountants’ work papers) relating to the Business for periods up to and including the Closing Date that are conveyed to, and held by, Buyer and its request (i) a copy of each report, schedule, registration statement Affiliates on and other document filed by it during such period after the Closing Date pursuant to the requirements terms of federal this Agreement (and shall permit such Persons to examine and copy such books and records to the extent reasonably requested by such party); provided, that nothing in this Section 5.02(d) shall require Buyer or state securities laws any of its Affiliates or advisors to furnish to Parent or its advisors any materials prepared by Buyer’s financial or legal advisors that are subject to an attorney-client privilege or an attorney work-product privilege or which may not be disclosed pursuant to a protective order. Buyer shall, and shall cause its Affiliates to, maintain all such Books, Records and Files, and shall not destroy or dispose of any such Books, Records and Files, until the sixth (ii6th) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each anniversary of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties heretoClosing Date.

Access to Information; Confidentiality. The Subject to the Confidentiality Agreement, and subject to applicable law, upon reasonable notice, each of Parent, AcquisitionCo and the Company shall, and shall cause its respective Subsidiaries to, afford to each other and their respective officers, directors, employees, accountants, counsel, financial advisors and other agents and representatives to(collectively, afford to NeoHydro Technologies Corp. and its representatives “Representatives”), reasonable access (during normal business hours hours, upon reasonable prior notice and in accordance with procedures reasonably established by, and in a manner as shall not unreasonably interfere with the business or operations of, the Parent, AcquisitionCo, Company or any of their respective Subsidiaries, as applicable) during the period prior to the earlier of the Effective Time or the termination of this Agreement to all its and to the Company’s respective properties, books, contracts, commitments, personnel and records and, during such period, each of Parent and the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. each of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives respective Subsidiaries to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations properties and personnel as such other party Parent or the Company may from time to time reasonably request. Except as required No review pursuant to this Section 5.1 shall affect any representation or warranty made by law, each of the Company and NeoHydro Technologies Corp. any Party or any certificate delivered pursuant hereto. Each Party will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives Representatives and affiliates to hold, any nonpublic information in confidenceaccordance with the terms of the Confidentiality Agreement. • No Any such investigation pursuant to this Section 4.01 5.1 shall affect be conducted in such a manner as not to interfere unreasonably with the business or operations of Parent, AcquisitionCo or the Company, as the case may be. No Party shall conduct any representations core sampling or warranties other invasive environmental testing without prior written approval of the Parties herein other Party. No Party nor any of its Subsidiaries shall be required to provide access to or to disclose information where such access or disclosure would jeopardize the conditions to the obligations attorney-client privilege of the Parties heretoinstitution in possession or control of such information or contravene any law, rule, regulation, order, judgment or decree. Notwithstanding the foregoing, no Party shall be required to disclose personnel records relating to individual performance or evaluation records, medical histories, or other information the disclosure of which would violate applicable law. To the extent practicable, the parties will make appropriate substitute disclosure arrangements under circumstances in which the restrictions of the preceding sentence apply.

Access to Information; Confidentiality. The Company shall, shall (and shall cause each of its officers, employees, counsel, financial advisors and other representatives Subsidiaries to, ) afford to NeoHydro Technologies Corp. and its representatives reasonable access to Parent’s Representatives, during normal business hours during and upon reasonable notice, throughout the period prior from the date of this Agreement to the Effective Time to its and (or until the earlier termination of this Agreement in accordance with Section 7.1), to the Company’s personnel, advisors, properties, books, contracts, commitments, personnel books and records of the Company and its Subsidiaries and, during such period, the Company shall, shall (and shall cause each of its Subsidiaries to) furnish reasonably promptly to such Representatives all information concerning the business, properties and personnel of the Company and its Subsidiaries, and to provide copies thereof, as may reasonably be requested; provided that nothing herein shall require the Company or any of its Subsidiaries to disclose any information to Parent or Merger Sub if such disclosure would, in the reasonable judgment of the Company, (a) violate applicable Law or the provisions of any agreement to which the Company or any of its Subsidiaries is a party or (b) jeopardize any attorney-client or other legal privilege; provided, further, that in each such case, the Company shall cooperate with Parent to enable Parent and Parent’s Representatives to enter into appropriate confidentiality, joint defense or similar documents or arrangements so that Parent and Parent’s Representatives may have access to such information. No investigation or access permitted pursuant to this Section 5.5 shall affect or be deemed to modify any representation, warranty, covenant or agreement made by the Company hereunder. All information furnished by the Company, its Subsidiaries and the Company’s officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation Representatives pursuant to this Section 4.01 5.5 shall affect any representations or warranties of be kept confidential in accordance with the Parties Confidentiality Agreement. Notwithstanding anything herein or the conditions to the obligations contrary, the parties hereby agree and acknowledge that the standstill and similar restrictions in the Confidentiality Agreement shall not apply upon the execution and delivery of this Agreement to the Parties heretoextent required to permit any action contemplated hereby and in accordance herewith and solely until any valid termination of this Agreement in accordance with its terms.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during (a) From the period prior to date of this Agreement through the Effective Time (or if earlier, the date on which this Agreement is terminated pursuant to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodArticle VII), the Company shall, and shall cause its Subsidiaries to, (i) provide to PubCo and its Representatives access at reasonable times upon prior notice to the officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its businessemployees, properties, financial condition, operations books and personnel as such other party may from time to time reasonably request. For the purposes records of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel Subsidiaries and records as may be necessary to enable (ii) furnish promptly such information concerning the Company and its Subsidiaries as PubCo or its Representatives may reasonably request. From the date of this Agreement through the Effective Time (or if earlier, the date on which this Agreement is terminated pursuant to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunderArticle VII), and, during such period, NeoHydro Technologies Corp. PubCo shall, and shall cause its officers, employees and representatives Subsidiaries to, furnish promptly (x) provide to the Company and its Representatives access at reasonable times upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant prior notice to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountantsproperties, counselbooks and records of the PubCo Entities and their respective Subsidiaries and (y) furnish promptly such information concerning the PubCo Entities and their respective Subsidiaries as the Company or its Representatives may reasonably request. Notwithstanding the foregoing, financial advisors and other representatives and affiliates neither PubCo nor the Company shall be required to holdprovide such access if it reasonably determines that it would (A) materially disrupt or impair the business or operations of PubCo or the Company, as applicable, or any nonpublic of its respective Subsidiaries, (B) cause a violation of any Company Material Contract or PubCo Material Contract, (C) constitute a violation of any applicable Law or (D) cause a material risk of disclosure of any information that in confidencethe reasonable judgment of PubCo or the Company, as applicable, would result in the disclosure of any trade secrets of Third Parties. • No investigation pursuant Nothing herein shall require the Company or PubCo or any of their respective Subsidiaries to disclose information to the extent such information would result in a waiver of attorney-client privilege, work product doctrine or similar privilege or violate any confidentiality obligation of such Party existing as of the date of this Agreement (provided that such Party shall use reasonable best efforts to permit such disclosure to be made in a manner consistent with the protection of such privilege or to obtain any consent required to permit such disclosure to be made without violation of such confidentiality obligations, as applicable). Notwithstanding the foregoing, no Company Response Action or PubCo Response Action shall be deemed to violate or breach this Section 4.01 5.03 in any way or serve as a basis for PubCo or the Company or any of their respective Affiliates to terminate this Agreement or assert that any condition in Article VI shall affect not have been satisfied. (b) PubCo and the Company shall comply with and shall use their reasonable best efforts to cause their respective Representatives to keep the information disclosed under this Section 5.03 confidential and shall not disclose such information to any representations or warranties third party without the prior written consent of the Parties herein or the conditions to the obligations of the Parties other Party hereto.

Access to Information; Confidentiality. The (a) During the period from the date of this Agreement until the Closing, Parent, Holdings and the Company shallshall afford the Representatives of Purchaser, at Purchaser’s sole cost and shall cause its officersrisk, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours, upon reasonable notice to Parent and without significant interference with the operations or properties of the Companies, to the Companies’ officers, employees, properties, facilities, books, records, contracts and other assets as Purchaser may reasonably request, including for the purpose of observing the operation of the facilities and for understanding the Companies’ compliance and compliance programs relating to all FERC, PJM and NERC rules and regulations, subject in all cases to reasonable restrictions and requirements for safety purposes and compliance with all applicable security requirements or other limitations on access imposed by applicable Law. Such Representatives of Purchaser may only observe the operations of the Companies and may not direct the activities of any Representatives of any of the Companies or make any decisions relating to the operations of any of the Companies. Any such access to the properties of any of the Companies shall be under the supervision of Representatives of the Companies. In addition, Parent shall provide Purchaser for the period commencing on the date of this Agreement until the Closing with a conference room, cubicles or other suitable space located at the headquarters of the Company, on a rent-free basis, for use by up to four Representatives of Purchaser during normal business hours or otherwise for the purpose of effecting the transition of ownership of the Companies to Purchaser. If Purchaser requests that the assistance of any Representatives of any of the Companies after normal business hours, then the decision to allow such assistance shall be within the sole discretion of the Companies and Purchaser shall pay to Parent, at the internal billing rate of Parent, the associated costs of such overtime. If Purchaser requests that any of the Companies perform contract work on behalf of Purchaser to facilitate the transition of operations to Purchaser following the Closing, then Parent and Purchaser shall negotiate in good faith regarding the terms and conditions under which Parent would provide such services and the compensation arrangement in connection therewith. Notwithstanding anything to the contrary in this Section 6.04(a), the installation and testing by Purchaser of equipment, facilities, hardware or software prior to the Closing shall be within Parent’s reasonable discretion and (i) shall not interfere with the operations or properties of any of the Companies, (ii) shall be in compliance with all restrictions and requirements reasonably established by Parent for safety purposes and (iii) shall be in compliance with all applicable security requirements and other requirements of Law; provided, however, that in no event shall Purchaser or any of its Representatives be permitted to connect to any equipment of any of the Companies prior to the Closing. (b) Notwithstanding anything to the contrary in Section 6.04(a), (i) none of Parent, Holdings, the Company or any Subsidiary shall be obligated to disclose to Purchaser or permit Purchaser access to any information that could reasonably be expected to (A) violate any applicable Law, (B) result in the loss of attorney-client privilege with respect to such information, (C) result in a breach of an agreement to which Parent, Holdings, the Company or any Subsidiary is a party, if Parent, Holdings or the Company have made reasonable efforts to obtain consent of such other party to the agreement to such disclosure, or (D) result in the disclosure of any trade secret or confidential information of third parties, if Parent, Holdings or the Company have used reasonable efforts to obtain consent of such third party to such disclosure, and (ii) Purchaser shall not be entitled to perform or conduct any environmental sampling or testing at, in, on or underneath any of the facilities or properties of the Company or any Subsidiary. (c) Purchaser shall indemnify and hold harmless Parent, Holdings and the Companies and their respective Affiliates from and against any Losses incurred by any of them resulting from personal injury or property damage incurred or caused by officers, employees, agents and other Representatives of Purchaser while present at the properties, facilities or other premises of any of the Companies, except to the extent that such Losses result from or arise out of the gross negligence or willful misconduct of any of Parent, Holdings or any of the Companies or any of their respective Affiliates or Representatives. (d) The provisions of the Confidentiality Agreement shall remain in full force and effect in accordance with its terms, provided that, after the Closing, the Companies and Purchaser shall have no confidentiality obligation with respect to the Companies and the businesses of any of the Companies. (e) For a period of seven years after the Closing, Parent and Holdings on the one hand and Purchaser on the other hand shall afford each other, and Purchaser shall cause the Companies to afford Parent, upon receipt of reasonable advance notice and during normal business hours, access to all of the books and records (including, without limitation, all material returns, statements, forms, declarations, estimates, schedules, notices, notifications, elections or other documents with respect to Taxes) of the Companies containing information relating to the period prior to the Effective Time to its and Closing to the Company’s propertiesextent that such access may reasonably be required by the other party in connection with matters relating to or affected by the operation of the Companies prior to the Closing Date, bookswhich shall include, contractswithout limitation, commitments, personnel access as may be required to assist Purchaser in preparing audited financial statements of the Companies after the Closing. If Parent or Holdings on the one hand or Purchaser or the Companies on the other hand shall desire to dispose of any such books and records andprior to the expiration of such seven-year period, during then such periodparty shall, prior to such disposition, give the other party a reasonable opportunity, at the electing party’s expense, to segregate and remove such books and records as the electing party may select. Notwithstanding anything to the contrary in this Section 6.04(e), none of Parent, Holdings or Purchaser shall be obligated to disclose, or cause to be disclosed, any information to the other party or parties, as applicable, that could reasonably be expected to (i) violate any applicable Law, (ii) result in the loss of attorney-client privilege with respect to such information, (iii) result in a breach of an agreement to which Parent, Holdings, the Company shallor Purchaser is a party, if Parent, Holdings, the Company or Purchaser, as applicable, have made reasonable efforts to obtain consent of such the other party to the agreement to such disclosure, or (iv) result in the disclosure of any trade secret or confidential information of third parties, if Parent, Holdings, the Company or Purchaser, as applicable, have used reasonable efforts to obtain consent of such third party to such disclosure. (f) For a period of thirty-six (36) months after the Closing, Parent and Holdings shall provide any documents and information then in its possession, and shall cause its officersuse commercially reasonable efforts to cooperate with Purchaser (subject to reimbursement for reasonable costs and expenses), employees and representatives toin each case as may be reasonably requested by Purchaser to assist it in connection with any internal investigation by Purchaser, furnish promptly or any FERC, PJM or NERC audit, investigation or other proceeding, that relates to NeoHydro Technologies Corp. all information concerning its businessthe Companies’ compliance or non-compliance with FERC, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period PJM or NERC requirements prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties heretoClosing.

Access to Information; Confidentiality. The (a) Between the date of this Agreement and the Closing, the Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, use commercially reasonable efforts to afford to NeoHydro Technologies Corp. the Buyer and its representatives professional advisors reasonable access during normal business hours during and upon reasonable prior notice to all of the period prior properties, personnel, contracts and agreements, books and records of the Company and its Subsidiaries and shall promptly deliver or make available to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all Buyer information concerning its the business, properties, financial condition, operations assets and personnel of the Company and the Subsidiaries as such other party the Buyer may from time to time reasonably request. For the purposes of determining the accuracy ; provided, however, that such access or request shall not unreasonably interfere with any of the representations and warranties businesses or operations of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. the Company or any of its obligations hereunderSubsidiaries; provided, during further, that the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide auditors and accountants of the Company and its Subsidiaries shall not be obligated to make any work papers available to any Person unless and until such Person has executed a customary agreement related to such access to work papers in form and substance reasonably satisfactory to such auditors or accountants. The Buyer shall hold, and shall cause its professional advisors to hold, all Evaluation Material (as defined in the Confidentiality Agreement, between Triarc Companies, Inc. and the Buyer dated February 14, 2007 (the “Confidentiality Agreement”) or the Confidentiality Agreement, between Triarc Companies, Inc. and Bear, Xxxxxxx & Co. Inc., dated February 16, 2007 (the “Bear Xxxxxxx Confidentiality Agreement”), as applicable) in confidence in accordance with the terms of the Confidentiality Agreement or the Bear Xxxxxxx Confidentiality Agreement, as applicable, and, in the event of the termination of this Agreement for any reason, the Buyer promptly shall return all Evaluation Material in accordance with the terms of the Confidentiality Agreement. (b) The Buyer agrees that neither the Company nor any of its Subsidiaries or any other Person acting on behalf of the Company or any of its Subsidiaries shall have or be subject to any liability, except as specifically set forth in this Agreement, to the Buyer, or any other Person resulting from the distribution to the Buyer, for the Buyer’s use, of any such information, including any information, document or material made available to the Buyer in certain “data rooms,” management presentations or any other form in expectation of the transactions contemplated by this Agreement. (c) Between the date of this Agreement and the Closing Date, without the prior written consent of the Company, the Buyer and Buyer Sub shall not, and shall cause each of their respective employees, counsel, accountants, consultants, financing sources and other authorized representatives not to, contact or communicate with any Client or any Person who, to the Knowledge of the Buyer, is an investor in any CDO or Hedge Fund or provides services to any CDO, in each case, in connection with the transactions contemplated by this Agreement. (d) Between the date of this Agreement and the Closing, the Buyer shall use commercially reasonable efforts to afford the Company and its professional advisors reasonable access during normal business hours and upon reasonable prior notice to its all of the properties, bookspersonnel, contractscontracts and agreements, commitments, personnel books and records as may be necessary to enable the Company to confirm the accuracy of the representations Buyer and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, the Subsidiaries and shall cause its officers, employees and representatives to, furnish promptly deliver or make available to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its the business, properties, financial condition, operations assets and personnel of the Buyer and its Subsidiaries as such other party the Company may from time to time reasonably request. Except as required by law; provided, each however, that such access or request shall not unreasonably interfere with any of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations businesses or warranties operations of the Parties herein Buyer or any of its Subsidiaries; provided, further, that the conditions to the obligations auditors and accountants of the Parties heretoBuyer and its Subsidiaries shall not be obligated to make any work papers available to any Person unless and until such Person has executed a customary agreement related to such access to work papers in form and substance reasonably satisfactory to such auditors or accountants.

Access to Information; Confidentiality. The (a) During the Interim Period, to the extent permitted by applicable Law, the Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives each of the Company Subsidiaries to, afford to NeoHydro Technologies Corp. Parent and its representatives Representatives reasonable access during normal business hours during the period prior and upon reasonable advance notice to the Effective Time to all of its and to the Company’s their respective properties, offices, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives each of the Company Subsidiaries to, furnish reasonably promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request Parent (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws Laws, and (ii) all other information (financial or otherwise) concerning its business, properties, financial condition, operations properties and personnel as such other party Parent may from time to time reasonably request. Except as required by law, each including the information set forth in Section 6.4 of the Company Disclosure Letter. Subject to the terms of the Tenant Leases, Parent shall have the right to such reasonable access during normal business hours and NeoHydro Technologies Corp. upon reasonable advance notice in order to prepare or cause to be prepared surveys, inspections, engineering studies, environmental assessments and other tests, examination or studies with respect to the Company Properties that Parent deems to be reasonably necessary, so long as such access does not unduly interfere with the Company’s ordinary conduct of business. (b) Parent will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors Representatives and other representatives and affiliates Affiliates to hold, any nonpublic information, including any information in confidence. • No investigation exchanged pursuant to this Section 4.01 6.4, in confidence to the extent required by and in accordance with, and will otherwise comply with, the terms of the Confidentiality Agreement. (c) Each of the Company and Parent agree to give prompt written notice to the other upon becoming aware of the occurrence or impending occurrence of any event or circumstance relating to it or any of the Company Subsidiaries or the Parent Subsidiaries, respectively, which (i) would be reasonably likely to have, individually or in the aggregate, a Company Material Adverse Effect or a Parent Material Adverse Effect, as the case may be, or (ii) if unremedied by the Company Merger Effective Time, would cause or constitute a material breach of any of its representations, warranties or covenants contained herein, and to use its reasonable best efforts to prevent or promptly to remedy the same; provided, however, that no such notification shall affect any the representations or and warranties of any party or relieve any party of any breach of any such representation or warranty or affect the Parties herein or the conditions remedies available to the obligations of the Parties heretoparty receiving notice hereunder.

Access to Information; Confidentiality. The Company (a) Upon reasonable notice and subject to applicable laws relating to the confidentiality of information, each of GBC and First Charter shall, and shall cause each of its Subsidiaries to, afford to the officers, employees, accountants, counsel, financial advisors advisors, agents and other representatives toof the other party, afford to NeoHydro Technologies Corp. and its representatives reasonable access access, during normal business hours during the period prior to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to all its properties, books, contracts, commitments, personnel commitments and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunderrecords, and, during such period, NeoHydro Technologies Corp. such party shall, and shall cause its officers, employees and representatives Subsidiaries to, furnish promptly make available to the Company upon its request other party (i) a copy of each report, schedule, registration statement and other document filed or received by it during such period pursuant to the requirements of federal securities laws or federal or state securities banking or insurance laws (other than reports or documents that such party is not permitted to disclose under applicable law) and (ii) all other information concerning its business, properties, financial condition, operations properties and personnel as such the other party may reasonably request (in the case of a request by GBC, information concerning First Charter that is reasonably related to the prospective value of First Charter Common Stock or to First Charter’s ability to consummate the transactions contemplated hereby). Neither GBC nor First Charter, nor any of their Subsidiaries, shall be required to provide access to or to disclose information where such access or disclosure would jeopardize the attorney-client privilege of such party or its Subsidiaries or contravene any law, rule, regulation, order, judgment, decree, fiduciary duty or binding agreement entered into prior to the date of this Agreement. The parties shall make appropriate substitute disclosure arrangements under circumstances in which the restrictions of the preceding sentence apply. GBC shall provide First Charter with monthly financial statements as requested by First Charter. (b) Each party shall, and shall cause its respective agents and representatives to, maintain in confidence all information received from time the other party (other than disclosure to time reasonably request. Except as that party’s agents and representatives in connection with the evaluation and consummation of the Merger) in connection with this Agreement or the Merger (including the existence and terms of this Agreement) and use such information solely to evaluate the Merger, unless (a) such information is already known to the receiving party or its agents and representatives, (b) such information is subsequently disclosed to the receiving party or its agents and representatives by a third party that, to the knowledge of the receiving party, is not bound by a duty of confidentiality, (c) such information becomes publicly available through no fault of the receiving party, (d) the receiving party in good faith believes that the use of such information is necessary or appropriate in making any filing or obtaining any consent required for the Merger (in which case the receiving party shall advise the other party before making the disclosure) or (e) the receiving party in good faith believes that the furnishing or use of such information is required by law, or necessary or appropriate in connection with any applicable laws or any listing or trading agreement concerning its publicly traded securities (in which case the receiving party shall advise the other party before making the disclosure). All information and materials provided pursuant to this Agreement shall be subject to the provisions of the Confidentiality Agreements entered into between each of the Company Parties and NeoHydro Technologies Corp. will holdBxxxx Capital dated April 3, 2006 and will cause its respective directorsMay 23, officers2006 (collectively, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • the “Confidentiality Agreement”). (c) No investigation pursuant to this Section 4.01 by a party hereto or its representatives shall affect any the representations or and warranties of the Parties herein or the conditions to the obligations of the Parties heretoother party set forth in this Agreement.

Access to Information; Confidentiality. (a) From the date hereof until the Closing, upon reasonable notice, Guidant shall: (i) afford the Purchasers and their authorized representatives reasonable access to the offices, properties and books and records of the Business, and (ii) furnish to the officers, employees, and authorized agents and representatives of the Purchasers such additional financial and operating data and other information regarding the Business (or copies thereof) as the Purchasers may from time to time reasonably request; provided, however, that any such access or furnishing of information shall be conducted at Xxxxxx’x expense, during normal business hours, under the supervision of Guidant’s or its Affiliates’ personnel and in such a manner as not to interfere with the normal operations of the Business. Notwithstanding anything to the contrary in this Agreement, Guidant shall not be required to disclose any information to a Purchaser if such disclosure would be reasonably likely to (x) cause significant competitive harm to the Business if the transactions contemplated hereby are not consummated, (y) jeopardize any attorney-client or other legal privilege or (z) contravene any applicable Laws, fiduciary duty or binding agreement entered into prior to the date hereof. (b) The Company terms of the Confidentiality Agreement, dated as of February 2, 2006, among Guidant, Boston Scientific and Abbott (the “Confidentiality Agreement”) are hereby incorporated herein by reference and shall continue in full force and effect until the Closing, at which time such Confidentiality Agreement and the obligations of Abbott under this Section 5.02(b) shall terminate; provided, however, that, from and after the Closing, except as would have been permitted under the terms of the Confidentiality Agreement, (i) Abbott shall, and shall cause its officers, directors, employees, counsel, financial advisors representatives and other representatives Affiliates to, afford treat and hold as confidential, and not disclose to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior any Person, information related to the Effective Time to its discussions and to negotiations between the Company’s properties, books, contracts, commitments, personnel and records and, during such periodparties regarding this Agreement, the Company Transaction Agreement and the transactions contemplated hereby and thereby and all confidential information relating to Guidant and the Excluded Businesses, and (ii) Guidant shall, and shall cause its officers, employees directors, employees, representatives and representatives Affiliates to, furnish promptly treat and hold as confidential, and not disclose to NeoHydro Technologies Corp. any Person, information related to the discussions and negotiations between the parties regarding this Agreement, the Transaction Agreement and the transactions contemplated hereby and thereby and all confidential information concerning its businessrelating to the Assets and the Business. If this Agreement is, propertiesfor any reason, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period terminated prior to the Effective TimeClosing, NeoHydro Technologies Corp. the Confidentiality Agreement shall provide nonetheless continue in full force and effect. (c) Nothing provided to Abbott pursuant to Section 5.02(a) shall in any way amend or diminish Xxxxxx’x obligations under the Company Confidentiality Agreement. Abbott acknowledges and its representatives with reasonable access during normal business hours agrees that any Confidential Information (as defined in the Confidentiality Agreement) provided to its propertiesAbbott pursuant to Section 5.02(a) or otherwise by or on behalf of Guidant or any officer, booksdirector, contractsemployee, commitmentsagent, personnel representative, accountant or counsel thereof shall be subject to the terms and records as may be necessary to enable the Company to confirm the accuracy conditions of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties heretoConfidentiality Agreement.

Access to Information; Confidentiality. The Company shallcovenants and agrees to afford to Parent and to cause its Subsidiaries to afford to Parent, and shall cause its officers, employeesaccountants, counsel, financial advisors financing sources and other representatives torepresentatives, afford to NeoHydro Technologies Corp. and its representatives reasonable access full access, during normal business hours during from the period prior to date hereof until the Effective Time Time, to its and to the Company’s all properties, premises, books, contracts, commitmentsrecords, personnel financial and records andoperating data, during such periodprojections, forecasts, business plans, strategic plans, management, personnel, accountants, representatives, and other information relating to the Company shalland its Subsidiaries. Notwithstanding the foregoing, neither the Company nor any of its Subsidiaries shall be required to provide access to or to disclose information where such access or disclosure would impose an unreasonable burden on the Company, any Subsidiary or any employee of the Company or any such Subsidiary or would violate or prejudice the rights of the customers of the Company or any Subsidiary, jeopardize any attorney-client privilege or contravene any law, rule, regulation, order, judgment, decree, fiduciary duty or binding agreement entered into prior to the date of this Agreement. The parties hereto will make appropriate substitute disclosure arrangements under circumstances in which the restrictions of the preceding sentence apply. In the event of termination of this Agreement, Parent, Acquisition Sub and the Company will deliver to the appropriate party all documents, work papers and other material so obtained before or after the execution hereof and will not themselves use, directly or indirectly, any information so obtained or otherwise obtained from the Company, Parent or Acquisition Sub hereunder, or in connection herewith, and shall will use their reasonable best efforts to have all such information kept confidential and not used in any way detrimental to the Company, Parent or Acquisition Sub. The Company agrees to cause its and its Subsidiaries' officers, employees employees, consultants, agents, accountants and attorneys to cooperate with the Parent, Acquisition Sub and their accountants, counsel, financing sources and other representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as in connection with such other party may from time to time reasonably request. For the purposes of determining the accuracy investigation of the Company and its Subsidiaries, including the preparation by Parent, Acquisition Sub and their financing sources of any offering memorandum or related documents. No investigation by the Parent or Acquisition Sub heretofore or hereafter made shall modify or otherwise affect any representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. the Company, which shall survive any such investigation in accordance with the terms of its obligations hereunderthis Agreement, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligation of the Parent and Acquisition Sub to consummate the transactions contemplated hereby. The obligations of Parent and Acquisition Sub under this Section 4.3 are in addition to and not in limitation of the Parties heretoobligations of Citicorp Venture Capital, Ltd. under its letter agreement dated May 5, 1999 with The Robixxxx-Xxxxxxxx Xxxpany, LLC as financial advisor to, and on behalf of the Company (the "Confidentiality Agreement"), and each of Parent and Acquisition Sub hereby agrees to be bound by the terms of the Confidentiality Agreement to the same extent as though it were a signatory thereto.

Access to Information; Confidentiality. The (a) Between the date of this Agreement and the Effective Time, upon reasonable notice the Company shall, shall (and shall cause each of its Subsidiaries to) (i) give Parent, Purchaser and their respective officers, employees, accountants, counsel, financial advisors financing sources and other agents and representatives tofull access to all plants, afford to NeoHydro Technologies Corp. offices, warehouses and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its other facilities and to the Company’s propertiesall contracts, internal reports, data processing files and records, Federal, state, local and foreign tax returns and records, commitments, books, contracts, commitments, personnel records and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes affairs of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its propertiesSubsidiaries, books, contracts, commitments, personnel and records as may be necessary to enable whether located on the premises of the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. or one of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, Subsidiaries or at another location; (ii) furnish promptly to the Company upon its request (i) Parent a copy of each report, schedule, registration statement and other document filed or received by it during such period pursuant to the requirements of federal or state Federal securities laws or regulations; (iii) permit Parent and Purchaser to make such inspections as they may require; (iiiv) all cause its officers and the officers of its Subsidiaries to furnish Parent and Purchaser such financial, operating, technical and product data and other information concerning with respect to the business and properties of the Company and its business, properties, financial condition, operations Subsidiaries as Parent and personnel as such other party may Purchaser from time to time reasonably may request. Except as required by law, each including without limitation financial statements and schedules; (v) allow Parent and Purchaser the opportunity to interview such employees, vendors, customers, sales representatives, distributors and other personnel of the Company with the Company's prior written consent, which consent shall not be unreasonably withheld; and NeoHydro Technologies Corp. will hold(vi) assist and cooperate with Parent and Purchaser in the development of integration plans for implementation by Parent and the Surviving Corporation following the Effective Time; PROVIDED, and will cause its respective directorsHOWEVER, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No that no investigation pursuant to this Section 4.01 6.2 shall affect or be deemed to modify any representations representation or warranties warranty made by the Company herein. Until the Effective Time, materials furnished to Parent pursuant to this Section 6.2 may be used by Parent for strategic and integration planning purposes relating to accomplishing the transactions contemplated hereby. (b) Except as otherwise provided below, until Parent or Purchaser acquires Shares pursuant to the Offer or the Tender and Option Agreement Parent and Purchaser shall, and shall cause their affiliates, agents and representatives to, keep secret and retain in confidence, and not use for the benefit of any such person or others (other than in connection with this Agreement and the transactions contemplated hereby), any confidential information of the Parties Company which the Parent or Purchaser obtained from the Company pursuant to this Section 6.2. The restrictions on use and disclosure contained herein shall not apply if and to the extent any such information (i) is publicly available or becomes publicly available (through no action or fault of Parent or Purchaser), (ii) was or is obtained by Parent or Purchaser from a third party, PROVIDED that to the recipient's knowledge, after reasonable inquiry, such third party was not bound by a contractual, legal or fiduciary obligation of confidentiality to the Company or any other party with respect to such information or material, (iii) was already in the possession of Parent or Purchaser or known to Parent or Purchaser prior to being disclosed or provided to them by or on behalf of the Company, PROVIDED, that, to the recipient's knowledge, after reasonable inquiry, the source of such information or material was not bound by a contractual, legal 45 or fiduciary obligation of confidentiality to the Company or any other party with respect thereto, or (iv) is required to be disclosed in a legal proceeding or pursuant to applicable law or the conditions rules or regulations of any national securities exchange or over-the-counter market. In the event that Parent or Purchaser is requested or required (by oral questions, interrogatories, request for information or documents in legal proceedings, subpoena, civil investigative demand or other similar process) to the obligations disclose any of the Parties heretoconfidential information provided under this Section 6.2, such party shall provide the Company with prompt written notice of any such request or requirement so that the Company may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Section 6.2. If, in the absence of a protective order or other remedy or the receipt of a waiver by the Company, Parent or Purchaser is nonetheless, based on advice of its outside counsel, legally compelled to disclose the confidential information to any tribunal or else stand liable to contempt or suffer other censure or penalty, such party may, without liability hereunder, disclose to such tribunal only that portion of the confidential information which such counsel advises such party is legally required to be disclosed, provided that such party shall use its reasonable efforts to preserve the confidentiality of the confidential information, including without limitation by cooperating with the Company to obtain an appropriate protective order or other reliable assurance that confidential treatment will be afforded the confidential information by such tribunal. The restrictions on use and disclosure of confidential information under this Section 6.2 shall expire three years from the date hereof.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford (a) Subject to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior applicable Laws relating to the Effective Time to its exchange of information (including applicable Competition Laws) and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodConfidentiality Agreement, the Company shall, and shall cause each of its officers, employees and representatives Subsidiaries to, furnish promptly afford to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations Parent and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with Parent’s Representatives reasonable access after providing reasonable prior written notice, during normal business hours to all of the Company’s and its Subsidiaries’ properties, assets, books, contractsContracts, commitments, personnel electronic and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunderphysical records, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request correspondence (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directorsincluding electronic correspondence), officers, employees, accountants, counsel, financial advisors and other representatives Representatives and affiliates the Company shall furnish (or otherwise make available, including through the SEC XXXXX system) promptly to holdParent (i) a copy of each report, schedule and other document (A) filed, furnished or received by it or any nonpublic of its Subsidiaries pursuant to the requirements of Federal or state securities Laws or (B) filed or furnished by it or any of its Subsidiaries with any Governmental Authority with respect to compliance with applicable Laws and (ii) all other information concerning its and its Subsidiaries’ business, properties and personnel as Parent may reasonably request; provided, however, that nothing in confidence. • No investigation this Agreement shall require the Company or any of its Subsidiaries to provide access to any item that contains confidential information the Company is obligated to any third party to maintain the confidentiality of. (b) Except for disclosures permitted by the terms of the Confidentiality Agreement dated as of December 12, 2007 between Parent and the Company (as it may be amended from time to time, the “Confidentiality Agreement”), Parent and Parent’s Representatives shall hold information received from the Company pursuant to this Section 4.01 shall affect any representations or warranties 5.6 in confidence in accordance with the terms of the Parties herein or the conditions to the obligations Confidentiality Agreement. The terms of the Parties heretoConfidentiality Agreement shall continue in full force and effect following execution (or termination) of this Agreement. (c) No investigation by Parent or its representatives or advisors prior to or after the date of this Agreement shall diminish, obviate or cure any breach of any representation, warranty, covenant or agreement contained in this Agreement or otherwise affect Parent’s rights under Articles I, VI and VII of this Agreement.

Access to Information; Confidentiality. The Company (a) During the Interim Period, to the extent permitted by applicable Law and contracts, each Party shall, and shall cause each of its officersSubsidiaries to, employees(i) furnish the Company or Parent, counselas applicable, with such financial advisors and operating data and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior information with respect to the Effective Time to its and to the Company’s business, properties, offices, books, contracts, commitments, records and personnel and records and, during such period, of the Company shalland the Company Subsidiaries or Parent, Parent OP and shall cause its officersParent Subsidiaries, employees and representatives toas applicable, furnish promptly to NeoHydro Technologies Corp. all information concerning its businessas the Company or Parent, propertiesas applicable, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) with respect to the Company and the Company Subsidiaries and subject to the terms of the Company Leases, facilitate reasonable access for Parent and its authorized Representatives during normal business hours, and upon reasonable advance notice, to all Company Properties; provided, however, that no investigation pursuant to this Section 7.6 shall affect or be deemed to modify any of the representations or warranties made by the Company Parties or the Parent Parties, as applicable, hereto and all such access shall be coordinated through the Company or Parent, as applicable, or its respective designated Representatives, in accordance with such reasonable procedures as they may establish. Notwithstanding the foregoing, neither the Company nor Parent shall be required by this Section 7.6 to provide the other information concerning its business, properties, financial condition, operations and personnel as Party or the Representatives of such other party Party with access to or to disclose information (A) that is subject to the terms of a confidentiality agreement with a Third Party entered into prior to the date of this Agreement or entered into after the date of this Agreement in the ordinary course of business consistent with past practice (if the Company or Parent, as applicable, has used commercially reasonable efforts to obtain permission or consent of such Third Party to such disclosure), (B) the disclosure of which would violate any Law or legal duty of the Party or any of its Representatives (provided, however, that the Company or Parent, as applicable, shall use its commercially reasonable efforts to make appropriate substitute arrangements to permit reasonable disclosure not in violation of such Law or legal duty), (C) that is subject to any attorney-client, attorney work product or other legal privilege or would cause a risk of a loss of privilege to the disclosing Party (provided, however, that the Company or Parent, as applicable, shall use its commercially reasonable efforts to make appropriate substitute arrangements to permit reasonable disclosure that does not result in a loss of such attorney-client, attorney work product or other legal privilege) or (D) if it reasonably determines that such access is reasonably likely to materially disrupt, impair or interfere with its, or its Subsidiaries’, business or operations; provided, however, that the Parties will work in good faith to determine a means to provide access that will not materially disrupt, impair or interfere with such business or operations. Each of the Company and Parent will use its commercially reasonable efforts to minimize any disruption to the businesses of the other Party that may result from time the requests for access, data and information hereunder. Prior to time reasonably request. Except as required the Partnership Merger Effective Time, each of the Company Parties and each of the Parent Parties shall not, and shall direct their respective Representatives and Affiliates not to, contact or otherwise communicate (for the avoidance of doubt, other than any public communications otherwise permitted by lawthis Agreement) with parties with which such Party knows the other Party has a business relationship (including tenants/subtenants) regarding the business of such other Party or this Agreement and the transactions contemplated hereby without the prior written consent of such other Party (such consent not to be unreasonably withheld, conditioned or delayed); provided that, notwithstanding the foregoing or anything else in this Agreement or in the Confidentiality Agreement to the contrary, a Party and its respective Representatives and Affiliates may contact or otherwise communicate with such parties without any consent of the other Party (I) in pursuing its own business activities (operating in the ordinary course) or (II) in connection with the activities contemplated by Section 7.18. (b) Prior to the Topco Merger Effective Time, each of the Company and NeoHydro Technologies Corp. will Parent shall hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors Representatives and other representatives and affiliates Affiliates to hold, hold any nonpublic information in confidence. • No investigation exchanged pursuant to this Section 4.01 shall affect any representations or warranties 7.6 in confidence to the extent required by and in accordance with, and will otherwise comply with, the terms of the Parties herein Confidentiality Agreement, which shall remain in full force and effect pursuant to the terms thereof notwithstanding the execution and delivery of this Agreement or the conditions to the obligations termination thereof; provided, however, that Section 9 of the Parties heretoConfidentiality Agreement shall terminate and be of no further force or effect.

Access to Information; Confidentiality. The (a) Subject to compliance with applicable Laws, the Company shall, and shall cause each of its Subsidiaries to, afford to Parent and to Parent’s officers, employees, counselinvestment bankers, financial advisors attorneys, accountants, consultants and other representatives to, afford to NeoHydro Technologies Corp. and its representatives advisors full access upon reasonable access advance notice and during normal business hours during the period prior to the Effective Time or the termination of this Agreement to all their respective properties, assets, books, records, Contracts, Permits, documents, information, directors, officers and employees, and during such period the Company shall, and shall cause each of its Subsidiaries to, make available to Parent any information concerning its business as Parent may reasonably request (including the work papers of PricewaterhouseCoopers LLP, subject to the customary requirements of PricewaterhouseCoopers LLP). Following the date of this Agreement and prior to the Effective Time, Parent may (but shall not be required to), following reasonable notice to the Company’s properties, bookscontact and interview any Company Personnel and review the personnel records and such other information concerning the Company Personnel as Parent may reasonably request. No investigation by Parent or any of its officers, contractsdirectors, commitmentsemployees, personnel investment bankers, attorneys, accountants or other advisors or representatives and records andno other receipt of information by Parent or any of its officers, directors, employees, investment bankers, attorneys, accountants or other advisors or representatives shall operate as a waiver or otherwise affect any representation, warranty, covenant, agreement or other provision of this Agreement, or the obligations of the parties (or remedies with respect thereto) or the conditions to the obligations of the parties under the Agreement. Except as required by any applicable Law or Judgment, Parent will hold, and will direct its officers, employees, investment bankers, attorneys, accountants and other advisors and representatives to hold, any and all information received from the Company confidential in accordance with the Confidentiality Agreement. (b) Without limiting the generality of the foregoing, during such periodthe period from the date of this Agreement to the Effective Time, the Company shall, and shall cause each of its officers, employees and representatives Subsidiaries to, furnish promptly as and to NeoHydro Technologies Corp. the extent reasonably requested by Parent, provide Parent, to the extent applicable, with (i) a materially complete and correct list of all information concerning licenses issued by the Federal Communications Commission (the “FCC”) and held by the Company or any of its businessSubsidiaries (the “FCC Licenses”), properties(ii) materially complete and correct copies of each FCC License, financial condition(iii) if available, operations the address and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy physical location of the representations device(s) covered by each FCC License, (iv) if available, a written description of the purpose of the device(s) covered by each FCC License, (v) materially complete and warranties correct copies of NeoHydro Technologies Corp. set forth herein and compliance any Notices of Apparent Liability for Forfeiture issued by NeoHydro Technologies Corp. the FCC against the Company or any of its obligations hereunder, during Subsidiaries and (vi) all reasonably available information in the period prior possession of the Company or any of its Subsidiaries necessary for Parent to the Effective Time, NeoHydro Technologies Corp. shall provide make an independent determination that the Company and its representatives Subsidiaries have complied with reasonable access during normal business hours FCC rules regarding changes of ownership control of the FCC Licenses (including descriptions of any transactions that effected a change of ownership or control of the FCC Licenses (including any intracompany reorganizations) and corporate organizational charts depicting the ownership structure of the holder of the FCC Licenses before and after any such change of ownership or control). (c) Subject to its propertiesapplicable law, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. Parent shall, and shall cause its officers, employees and representatives each of their respective Subsidiaries to, furnish promptly cooperate to ensure an orderly transition and integration process in connection with the Company upon its request (i) a copy of each reportMerger and the other transactions contemplated by this Agreement in order to minimize the disruption to, scheduleand preserve the value of, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each business of the Company Surviving Corporation and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties heretoSubsidiaries.

Access to Information; Confidentiality. (a) The Company Parties shall, and shall cause its officers, employees, counsel, financial advisors and other representatives the Company Subsidiaries to, afford to NeoHydro Technologies Corp. the Representatives of Parent (the “Parent Representatives”) (to the extent permitted under applicable Law, including the HSR Act and its representatives the Law relating to exchange of information) reasonable access access, during normal business hours during the period prior to the Effective Time Time, to all its and to the Company’s assets, properties, books, contractsContracts, commitmentscommitments and records, personnel and records and, during such period, the Company Parties shall, and shall cause its officers, employees and representatives the Company Subsidiaries to, furnish promptly make available to NeoHydro Technologies Corp. Parent all information concerning its businesstheir businesses, propertiesassets, financial conditionliabilities, operations properties and personnel as such other party Parent may from time to time reasonably request. For The Company Parties shall, and shall cause the purposes of determining Company Representatives to, permit the accuracy Parent Representatives to meet, upon reasonable notice and during normal business hours, with the chief financial officer and other officers of the representations Company responsible for the Company’s financial statements and warranties the internal controls of NeoHydro Technologies Corp. the Company and the Company Subsidiaries to discuss such matters as Parent may reasonably deem necessary or appropriate. Without limiting the generality of any of the foregoing, the Company shall promptly provide Parent notice of any inaccuracy of any representation or warranty or breach of any covenant or agreement contained in this Agreement at any time during the term hereof that could reasonably be expected to cause the conditions set forth herein in Article 7 not to be satisfied. (b) The Parent Parties shall, and compliance by NeoHydro Technologies Corp. shall cause the Parent Subsidiaries to, afford the Company Representatives (to the extent permitted under applicable Law, including the HSR Act and the Law relating to exchange of its obligations hereunderinformation) reasonable access, during normal business hours during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and to all its representatives with reasonable access during normal business hours to its assets, properties, books, contractsContracts, commitments, personnel commitments and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunderrecords, and, during such period, NeoHydro Technologies Corp. the Parent Parties shall, and shall cause its officers, employees and representatives the Parent Subsidiaries to, furnish promptly make available to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its businesstheir businesses, propertiesassets, financial conditionliabilities, operations properties and personnel as such other party the Company may from time to time reasonably request. Except . (c) All information and materials provided pursuant to this Agreement shall be subject to the provisions of the Confidentiality Agreement entered into between the parties on June 27, 2008 (as required amended by lawAddendum #1 thereto, each dated February 4, 2011, the “Confidentiality Agreement”). (d) No investigation by the Parent or any Parent Representative shall affect the representations and warranties of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information Parties set forth in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties heretoAgreement.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford Subject to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior applicable Laws relating to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodexchange of information, the Company shall, shall afford to Parent and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with Parent’s Representatives reasonable access during normal business hours to its the officers, employees, accountants, properties, books, contracts, commitments, personnel Contracts and records as may be necessary to enable of the Company to confirm and its Subsidiaries and the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and Company shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request Parent (i) a copy of each report, schedule, registration statement schedule and other document filed by it during such period pursuant to the requirements of federal or state securities laws Laws and rules and regulations promulgated thereunder and (ii) all other information concerning its business, properties, financial condition, operations the business and personnel as such other party may from time to time reasonably request. Except as required by law, each properties of the Company and NeoHydro Technologies Corp. its Subsidiaries as Parent may reasonably request; provided, however, that the Company shall not be required to provide access to any information or documents which would, in the reasonable judgment of the Company, (i) breach any agreement of the Company or any of its Subsidiaries with any third party, (ii) constitute a waiver of the attorney-client or other privilege held by the Company or any of its Subsidiaries (iii) otherwise violate any applicable Laws or (iv) which would result in a competitor of the Company or any of its Subsidiaries receiving material information which is competitively sensitive; provided, further, however, that the Company will holduse its reasonable best efforts to obtain any required consents for the disclosure of such information or documents and take such other action (such as the redaction of identifying or confidential information or entry into a joint defense agreement or other arrangement to avoid loss of attorney client privilege) with respect to such information or documents as is necessary to permit disclosure to Parent and Parent’s Representatives. Until the Effective Time, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic the information in confidence. • No investigation provided pursuant to this Section 4.01 shall affect any representations or warranties Agreement will be subject to the terms of the Parties herein or Confidentiality Agreement, dated as of December 31, 2007, between Parent, the conditions to the obligations record and beneficial owner of all of the Parties heretooutstanding capital stock of Parent, and the Company (as it may be amended from time to time, the “Confidentiality Agreement”), which shall survive the termination of this Agreement in accordance with the terms of the Confidentiality Agreement.

Access to Information; Confidentiality. The (a) Subject to Applicable Law, upon reasonable notice to the Company, the Company shall, shall (and shall cause its the Company Subsidiaries and the officers, employeesdirectors and agents of the Company and each Company Subsidiary to) afford Parent’s officers and Parent’s other authorized Representatives reasonable access, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during throughout the period prior to the Effective Time Pre-Closing Period, to its and to the Company’s officers, agents, properties, books, contracts, commitments, personnel Contracts and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunderrecords, and, during with the Company’s consent (such periodconsent not to be unreasonably withheld, NeoHydro Technologies Corp. shallconditioned or delayed), and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each employees of the Company and NeoHydro Technologies Corp. will holdthe Company Subsidiaries; and shall furnish Parent and Merger Sub all financial, operating and will cause its respective directors, other data and information as Parent and Merger Sub through their officers, employeesemployees or agents, accountants, counsel, financial advisors and other representatives and affiliates to holdmay reasonably request. None of the Company, any nonpublic Company Subsidiary and any Representative of the Company shall be required to provide access to or to disclose information where such access or disclosure would (i) contravene any Applicable Law, Contract of the Company or any Company Subsidiary or Order or (ii) would reasonably be expected to violate or result in confidence. • a loss or impairment of any attorney-client or work product privilege provided that (A) the Company, each Company Subsidiary and each of their Representatives have taken all reasonable steps to provide access to or to disclose such information on a basis that does not contravene Applicable Law, Contract or Order or to preserve or waive the Company’s privilege with respect thereto and (B) such access and information shall be granted or made available, as applicable, to external counsel for Parent (subject to external counsel entering into a customary common interest agreement with the Company, on terms mutually agreeable to Parent and the Company). (b) No investigation information or knowledge obtained by Parent or Merger Sub pursuant to Section 6.02, this Section 4.01 6.04 or otherwise shall affect or be deemed to affect or modify any representations representation, warranty, covenant or warranties of agreement made by the Parties herein or Company contained herein, the conditions to the obligations of the Parties heretoparties to consummate the Merger in accordance with the terms and provisions hereof or otherwise prejudice in any way the rights and remedies of Parent or Merger Sub hereunder, nor shall any such information, knowledge or investigation be deemed to affect or modify Parent’s or Merger Sub’s reliance on the representations, warranties, covenants and agreements made by the Company in this Agreement. (c) Each of Parent, Merger Sub and the Company hereby agrees that all information provided to it or any of its Representatives by the Company or any of its Representatives, on the one hand, or Parent and Merger Sub, on the other hand, in connection with this Agreement and the consummation of the Transactions shall be deemed to be provided under, and shall be treated in accordance with, the Confidentiality Agreement.

Access to Information; Confidentiality. The (a) Subject to compliance with applicable Laws, the Company shall, and shall cause each of its Subsidiaries to, afford to Parent and to Parent’s officers, employees, counselinvestment bankers, financial advisors attorneys, accountants, consultants and other representatives to, afford to NeoHydro Technologies Corp. and its representatives advisors reasonable access upon reasonable advance notice and during normal business hours during the period prior to the Effective Time or the termination of this Agreement to all their respective properties, assets, books, records, Contracts, Permits, documents, information, directors, officers and employees, and during such period the Company shall, and shall cause each of its Subsidiaries to, make available to Parent any information concerning its business as Parent may reasonably request (including the work papers of BDO USA LLP). Following the date of this Agreement and prior to the Effective Time, Parent may (but shall not be required to), following reasonable notice to the Company’s properties, bookscontact and interview any Company Personnel and review the personnel records and such other information concerning the Company Personnel as Parent may reasonably request. No investigation by Parent or any of its officers, contractsdirectors, commitmentsemployees, personnel investment bankers, attorneys, accountants or other advisors or representatives and records andno other receipt of information by Parent or any of its officers, directors, employees, investment bankers, attorneys, accountants or other advisors or representatives shall operate as a waiver or otherwise affect any representation, warranty, covenant, agreement or other provision of this Agreement, or the obligations of the parties (or remedies with respect thereto) or the conditions to the obligations of the parties under the Agreement. Except as required by any applicable Law or Judgment, Parent will hold, and will direct its officers, employees, investment bankers, attorneys, accountants and other advisors and representatives to hold, any and all information received from the Company confidential in accordance with the Confidentiality Agreement. (b) Without limiting the generality of the foregoing, during such periodthe period from the date of this Agreement to the Effective Time, the Company shall, and shall cause each of its officers, employees and representatives Subsidiaries to, furnish promptly as and to NeoHydro Technologies Corp. the extent reasonably requested by Parent, provide Parent, to the extent applicable, with (i) a complete and correct list of all information concerning licenses issued by the Federal Communications Commission (the “FCC”) and held by the Company or any of its businessSubsidiaries (the “FCC Licenses”), properties(ii) complete and correct copies of each FCC License, financial condition, operations (iii) the address and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy physical location of the representations device(s) covered by each FCC License, (iv) a written description of the purpose of the device(s) covered by each FCC License, (v) complete and warranties correct copies of NeoHydro Technologies Corp. set forth herein and compliance any Notices of Apparent Liability for Forfeiture issued by NeoHydro Technologies Corp. the FCC against the Company or any of its obligations hereunder, during Subsidiaries and (vi) all reasonably available information in the period prior possession of the Company or any of its Subsidiaries reasonably necessary for Parent to the Effective Time, NeoHydro Technologies Corp. shall provide make an independent determination that the Company and its representatives Subsidiaries have complied with reasonable access during normal business hours FCC rules regarding changes of ownership control of the FCC Licenses (including descriptions of any transactions that effected a change of ownership or control of the FCC Licenses (including any intracompany reorganizations) and corporate organizational charts depicting the ownership structure of the holder of the FCC Licenses before and after any such change of ownership or control). (c) Subject to its propertiesapplicable law, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. Parent shall, and shall cause its officers, employees and representatives each of their respective Subsidiaries to, furnish promptly reasonably cooperate to ensure an orderly transition and integration process in connection with the Company upon its request (i) a copy of each reportMerger and the other transactions contemplated by this Agreement in order to minimize the disruption to, scheduleand preserve the value of, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each business of the Company Surviving Corporation and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties heretoSubsidiaries.

Access to Information; Confidentiality. The (a) During the Pre-Closing Period, the Company shallshall afford, and shall cause its the officers, employees, counsel, financial advisors directors and other representatives to, afford to NeoHydro Technologies Corp. employees of the Company and its representatives Subsidiaries to afford, the officers, employees and agents of Parent and Merger Sub reasonable access during normal business hours during the period prior hours, to the Effective Time to its and to the Company’s officers, employees, properties, facilities, books, contractsrecords, commitmentscorrespondence (in each case, personnel whether in physical or electronic form), contracts and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes assets of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives Subsidiaries as Parent shall reasonably request as long as such access does not interfere with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy conduct of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shallCompany’s business, and shall cause its officers, employees promptly furnish Parent and representatives to, furnish promptly to the Company upon its request Merger Sub (i) a copy of each report, schedule, registration statement schedule and other document filed or submitted by it during such period pursuant to the requirements of federal or state securities Laws and a copy of any communication received by the Company from the SEC concerning compliance with securities laws with respect to matters unrelated to the Transactions; and (ii) all other information concerning its business, propertiesproperties and personnel, financial conditionin each case (A) as Parent through its officers, operations and personnel as such other party employees or agents may from time to time reasonably request. Except as required by law; (B) that are in the possession, each custody or control of the Company; and (C) the disclosure of which would not (x) violate any Law or Judgment or any confidentiality obligation of the Company if, in the case of confidentiality obligations to third parties, the Company shall have used commercially reasonable efforts to obtain the consent of such party or (y) result in a waiver of attorney-client privilege, work product doctrine or similar privilege. Parent, Merger Sub and NeoHydro Technologies Corp. will hold, and will cause its their respective directors, officers, employees, accountants, counsel, financial advisors employees and other representatives and affiliates to hold, agents will hold any nonpublic such information that is non-public in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties confidence in accordance with the Confidentiality Agreement. (b) The provisions of the Parties herein or Confidentiality Agreement dated June 14, 2016 between Parent and the conditions to Company (the obligations “Confidentiality Agreement”) shall remain in full force and effect in accordance with its terms until the Effective Time, at which time the Confidentiality Agreement shall automatically terminate without further action, except that the standstill restrictions contained therein shall terminate immediately upon the execution and delivery of the Parties heretothis Agreement.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during (a) From the period prior date of this Agreement to the Effective Time and subject to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodapplicable Law, the Company shall, and shall cause its officers, employees each Company Subsidiary and representatives each of their respective Company Representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request : (i) a copy of each reportprovide to Parent and Merger Sub and their respective officers, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, consultants, legal counsel, financial advisors advisors, agents and other representatives (collectively, the “Parent Representatives”) access at reasonable times upon prior reasonable notice to the officers, employees, agents, properties, offices and affiliates other facilities of such party and its Subsidiaries and to holdthe books and records thereof (including Tax Returns) and (ii) furnish promptly such information concerning the business, properties, contracts, assets, liabilities, personnel and other aspects of such Party and its Subsidiaries as Parent or the Parent Representatives may reasonably request; provided that the Company shall not be required to provide any information relating to the negotiation or prosecution of this Agreement. None of the Company, any nonpublic Company Subsidiary or any Company Representative shall be required to provide access to or disclose information where such access or disclosure would jeopardize the attorney-client privilege of the Company or its Subsidiaries or contravene any law, rule, regulation, order, judgment, decree or binding agreement entered into prior to the date of this Agreement; provided, however, that the Company shall inform Parent of the general nature of the information being withheld and the Parties shall make appropriate substitute disclosure arrangements under circumstances in confidence. • No investigation which the restrictions of this sentence apply. (b) With respect to the information disclosed pursuant to Section 5.3(a) or otherwise under this Section 4.01 Agreement, Parent and Merger Sub shall affect any representations or warranties comply with, and shall cause the Parent Representatives to comply with, all of their obligations under the Confidentiality Agreement, dated January 20, 2015, by and between the Company and Parent (the “Confidentiality Agreement”), which shall remain in full force and effect and is an integral part of the Parties herein or transactions contemplated by this Agreement. (c) The Company shall provide Parent with a draft of its proposed Annual Report on Form 10-K for the conditions fiscal year ended December 31, 2014, as soon as reasonably practicable after the date of this Agreement, and as reasonably far in advance of (and in any event at least five Business Days prior to) the filing thereof with the SEC. The Company shall give Parent a reasonable opportunity to review any material changes thereto before it is filed with the SEC and the Company shall give due consideration to the obligations of the Parties heretoreasonable comments provided by Parent.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during (a) From the period prior date hereof to the Effective Time to its and to or the Company’s propertiesearlier termination of this Agreement, books, contracts, commitments, personnel and records and, during such periodupon reasonable prior notice, the Company shall, and shall cause its officersSubsidiaries, employees officers and representatives directors to, furnish promptly use its reasonable best efforts to NeoHydro Technologies Corp. all information concerning cause its businessRepresentatives to, propertiesafford to Parent, financial condition, operations Merger Sub and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with their respective Representatives reasonable access during normal business hours to its propertieshours, booksconsistent with applicable Law, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon Company’s and its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directorsSubsidiaries’, officers, employees, accountantsproperties, counseloffices, financial advisors other facilities and books and records, and shall make available to Parent, Merger Sub and their respective Representatives all financial, operating and other representatives data and affiliates to holdinformation as Parent, Merger Sub and their respective Representatives shall reasonably request. Notwithstanding the foregoing, any nonpublic such investigation or consultation shall be conducted in such a manner as not to interfere unreasonably with the business or operations of the Company or any of its Subsidiaries. Neither the Company nor any of its Subsidiaries shall be required to provide access to or to disclose information where such access or disclosure would (i) constitute a waiver of the attorney-client privilege, work product doctrine or other privilege held by the Company or any of its Subsidiaries or (ii) otherwise violate any applicable Law, provided that the Company has used its reasonable best efforts to provide such access or disclose such information in confidence. • No investigation pursuant a manner that does not result in such a waiver or violation. (b) Each of Parent and Merger Sub will hold and treat and will cause its Representatives to hold and treat in confidence all documents and information concerning the Company and its Subsidiaries made available to Parent or Merger Sub in connection with the transactions contemplated by this Section 4.01 Agreement in accordance with the Nondisclosure Agreement between the Company and Parent dated as of January 7, 2015 (the “Confidentiality Agreement”), which Confidentiality Agreement shall affect any representations survive the termination of this Agreement and remain in full force and effect in accordance with its terms except with respect to the standstill restrictions set forth therein, which shall terminate and be of no further force or warranties effect as of the Parties herein or the conditions to the obligations date hereof and paragraph 5 of the Parties heretoConfidentiality Agreement shall be superseded by this Agreement.

Access to Information; Confidentiality. The Company shall, and shall cause each of its officers, employees, counsel, financial advisors and other representatives Subsidiaries to, afford to NeoHydro Technologies Corp. Parent, Merger Sub and its representatives their respective Representatives reasonable access during normal business hours hours, during the period prior to the Effective Time Time, to its and to the Company’s all their respective properties, assets, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause each of its officers, employees and representatives Subsidiaries to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request Parent: (ia) a copy of each report, schedule, registration statement and other document filed or received by it during such period pursuant to the requirements of federal or state securities laws laws, and (iib) all other information concerning its business, properties, financial condition, operations properties and personnel as Parent or Merger Sub may reasonably request (including Tax Returns filed and those in preparation and the workpapers of its auditors); provided, however, that (a) the Company shall not be required to provide such other party may from time access if it reasonably determines that such access is reasonably likely to time materially disrupt or impair the business or operations of the Company or any of its Subsidiaries and (b) the foregoing shall not require the Company to disclose any information to the extent it reasonably request. Except as required by lawdetermines that such disclosure is reasonably likely to (i) result in a waiver of attorney-client privilege, each work product doctrine or similar privilege, (ii) cause competitive harm to the business of the Company and NeoHydro Technologies Corp. its Subsidiaries if the transactions contemplated by this Agreement are not consummated, or (iii) violate any applicable Law or any confidentiality obligation of such party; provided, however, that in the case that such disclosure is prohibited by applicable Law (including antitrust Law), Parent and the Company each agree to use reasonable best efforts to establish a process that (through use of steps such as targeted redactions, provision of information to counsel to review and summarize for Parent or use of a “clean room” environment for analysis and review of information by joint integration teams in coordination with counsel and the Company) will holdprovide Parent with timely access to the fullest extent possible to the substance of the information described in this Section 5.5 in a manner that allows the Company to comply with applicable Law. All such information shall be held confidential in accordance with the terms of the Confidentiality Agreement among Xxxxxx Americas LLC, BI-LO, LLC and will cause its respective directorsthe Company dated as of February 28, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence2011 (the “Confidentiality Agreement”). • No investigation pursuant to this Section 4.01 5.5 or information provided, made available or delivered to Parent pursuant to this Agreement shall affect any representations or warranties of the Parties herein representations, warranties, covenants, rights or remedies, or the conditions to the obligations of of, the Parties heretoparties hereunder.

Access to Information; Confidentiality. The Company shall, and shall cause its afford to the officers, employees, accountants, counsel, financial advisors potential lenders and other representatives toof Parent full access, afford to NeoHydro Technologies Corp. and its representatives at all reasonable access during normal business hours during the period prior to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, times during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its all properties, books, contracts, commitments, personnel Contracts and records as may be necessary to enable of the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shallthe Company shall furnish promptly to Parent all information concerning the Company's business, properties and personnel as Parent may reasonably request, and the Company shall make available to Parent the appropriate individuals (including attorneys, accountants and other professionals) for discussions of the Company's business, properties and personnel as Parent may reasonably request. Without limiting the foregoing, the Company shall provide Parent and Merger Subsidiary with access to its books and records so as to enable Parent and Merger Subsidiary to ascertain whether the Company has complied with all covenants herein. Parent acknowledges that certain of the information which may be made available to it is proprietary and includes confidential information. Prior to the Effective Time and/or seven years after any termination of this Agreement, Parent will hold and will use its commercially reasonable efforts to cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial consultants, advisors and other representatives and affiliates agents (collectively, "Representatives") to hold, any nonpublic information in confidence, unless compelled to disclose by judicial or administrative process or by other requirements of Law, all confidential documents and information concerning the Company ("Evaluation Material") furnished in connection with the transactions contemplated by this Agreement. • No investigation pursuant In the event that Parent or any of its Representatives becomes legally compelled (by deposition, interrogatory, request for documents, subpoena, civil investigative demand or similar process) to disclose any of the Evaluation Material, Parent shall provide the Company with prompt prior written notice of such requirement so that the Company may seek a protective order or other appropriate remedy and/or waive compliance with the terms of this Agreement. In the event that such protective order or other remedy is not obtained, or that the Company waives compliance with the provisions hereof, Parent shall furnish only that portion of the Evaluation Material which Parent is advised by written opinion of counsel is legally required and exercise best efforts to obtain assurance that confidential treatment will be accorded such Evaluation Material. The term "Evaluation Material" does not include any information that (i) at the time of disclosure or thereafter is generally available to the public (other than as a result of its disclosure directly or indirectly by Parent or its Representatives), (ii) was available to Parent on a non-confidential basis from a source other than the Company or its advisors, provided that such source is not and was not bound by a confidentiality agreement regarding the Company, or (iii) has been independently acquired or developed by Parent without violating any of its obligations under this Section 4.01 7.4. At any time upon written request by the Company, Parent shall affect any representations or warranties promptly return to the Company all copies of the Parties herein Evaluation Material in its possession or in the conditions to possession of its Representatives, and Parent will promptly destroy all copies of any analyses, compilations, studies or other documents prepared by or for Parent or its Representatives or for Parent's or their use which reflect or contain any Evaluation Material. Notwithstanding the obligations foregoing, the Company may deny access or disclosure where it determines upon advice of counsel that disclosure could result in the Parties heretoviolation by the Company of state or federal law, provided that the Company informs Parent at the time that such a determination has been made.

Access to Information; Confidentiality. The Company shall(a) Subject to Section 6.3(b) and applicable Law, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall Crosstex will provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause Crosstex’ Subsidiaries and its and their respective directors, officers, employees, accountants, consultants, legal counsel, financial advisors investment bankers, advisors, and agents and other representatives (collectively, “Representatives”) to provide Devon and affiliates its authorized Representatives, during normal business hours and upon reasonable advance notice, such reasonable access to holdthe offices, employees, customers, suppliers, properties, books and records of Crosstex and its Subsidiaries (so long as such access does not unreasonably interfere with the operations of Crosstex) as Devon may reasonably request. Subject to applicable Law, Devon will provide and will cause Devon’s Subsidiaries and its and their respective Representatives to provide Crosstex and its authorized Representatives, during normal business hours and upon reasonable advance notice, such reasonable access to the offices, employees, properties, books and records of the Midstream Group Entities (so long as such access does not unreasonably interfere with the operations of Devon or the Midstream Group Entities) as Crosstex may reasonably request. No party shall have access to personnel records of the other party or any nonpublic of its Subsidiaries relating to individual performance or evaluation records, medical histories or other information that in confidencesuch other party’s good faith opinion the disclosure of which could subject such other party or any of its Subsidiaries to risk of liability. • No investigation party shall be permitted to conduct any sampling or analysis of any environmental media (including any soils, sediments, groundwater, surface water or atmosphere) or building materials at any facility of the other party or its Subsidiaries without the prior written consent of the other party, which may be granted or withheld in such other party’s sole discretion. (b) With respect to any information disclosed pursuant to this Section 4.01 6.3, each of Devon and Crosstex shall affect comply with, and shall cause each of its Representatives to comply with, all of its obligations under the confidentiality agreement, dated July 19, 2013, previously executed by Devon, Crosstex and Crosstex MLP (the “Confidentiality Agreement”). No party shall be required to provide access to or disclose any representations information where such access or warranties disclosure would jeopardize any attorney-client privilege of such party or any Subsidiary of such party or contravene any Contract or Law (it being agreed that the Parties herein parties shall use their respective reasonable best efforts to cause such information to be provided in a manner that would not result in such jeopardy or the conditions to the obligations of the Parties heretocontravention).

Access to Information; Confidentiality. (a) The Company shallagrees that, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodClosing Date, the Company shallPurchaser shall be entitled, at its expense and shall cause through its officers, employees and representatives to(including, furnish promptly without limitation, its legal advisors and accountants), to NeoHydro Technologies Corp. all information concerning its make such investigation of the properties, businesses and operations of the Company, the Purchased Companies and their Subsidiaries and such examination of the books, records and financial condition of the Company, the purchased Companies and their Subsidiaries as it reasonably requests and to make extracts and copies of such books and records. Any such investigation and examination shall be conducted during regular business hours and under reasonable circumstances, and the Company shall cooperate, and shall cause the Company, the Purchased Companies and their Subsidiaries to cooperate, fully therein. No investigation by the Purchaser prior to or after the date of this Agreement shall diminish or obviate any of the representations, warranties, covenants or agreements of the Company contained in this Agreement. In order that the Purchaser may have full opportunity to make such physical, business, propertiesaccounting and legal review, financial condition, operations and personnel examination or investigation as such other party it may from time to time reasonably request. For the purposes of determining the accuracy request of the representations affairs of the Company, the Purchased Companies and warranties their Subsidiaries, the Company shall cause the officers, employees, consultants, agents, accountants, attorneys and other representatives of NeoHydro Technologies Corp. set forth herein the Company, the Purchased Companies and compliance by NeoHydro Technologies Corp. their Subsidiaries to cooperate fully with such representatives in connection with such review and examination. (b) From and after the Closing until the date the Company is fully and finally liquidated and dissolved (i) the Company may retain copies of its obligations hereunder, during the such financial information and similar records relating to any period prior to the Effective Time, NeoHydro Technologies Corp. Closing as will be required for the Company and its representatives to prepare and file the Company Tax Returns and effectuate the Company's liquidation and dissolution (the "Retained Records") and (ii) the Purchaser shall provide the Company and its representatives with access (upon reasonable access notice and at reasonable times during normal business hours and in such a manner as to its properties, books, contracts, commitments, personnel not interfere with the Purchaser's normal business operations) to such financial information and records as similar records. Except for such Retained Records that the Company may be necessary required pursuant to enable applicable Law to retain for a period of time subsequent to the Company's dissolution and liquidation, on or prior to the date the Company to confirm is fully and finally liquidated and dissolved, the accuracy Company shall return all copies of the representations Retained Records to the Purchaser; provided, that any Retained Records so retained by the Company shall be returned to the Purchaser when no longer required under applicable Law to be retained by the Company. (c) Except for disclosures expressly permitted by the terms of the Bilateral Confidentiality Agreement dated as of June 21, 2004, between Purchaser and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunderthe Company (as it may be amended from time to time, andthe "Confidentiality Agreement"), during such period, NeoHydro Technologies Corp. shallPurchaser shall hold, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates Representatives to hold, any nonpublic all information received from the Company, directly or indirectly, in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of confidence in accordance with the Parties herein or the conditions to the obligations of the Parties heretoConfidentiality Agreement.

Access to Information; Confidentiality. The (a) From the date hereof to the Effective Time, the Company shall (and shall cause each of its Subsidiaries to) provide to Parent and Merger Sub (and their respective officers, directors, employees, accountants, consultants, legal counsel, agents and other representatives, collectively, "Representatives") (i) reasonable access, during normal business hours and in a manner so as to not unduly interfere with the Company's business, to all properties, offices and other facilities, information, books, records and documents which Parent or Merger Sub may reasonably request regarding the business, properties, contracts, assets, liabilities, employees and other aspects of the Company or its Subsidiaries and (ii) reasonable access at reasonable times upon prior notice to the officers, employees and agents of the Company and its Subsidiaries. (b) Notwithstanding any other provision in this Agreement, the Company and its Subsidiaries shall not be required to provide access to or disclose information where such access or disclosure would violate or prejudice the rights of its customers, jeopardize the attorney-client privilege of the entity in control or possession of such information or contravene any law, rule, regulation, order, judgment or decree, or any binding agreement entered into prior to the date of this Agreement. In any such event the parties will make appropriate substitute disclosure arrangements to the extent possible in the circumstances. (c) No investigation by any party, whether prior to the execution of this Agreement or pursuant to this Section 6.03, shall affect any representation or warranty in this Agreement of any party hereto or any condition to the obligations of the parties hereto. (d) For a period of two years from the date hereof, Parent shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. Subsidiaries and its representatives reasonable access during normal business hours during and their respective Representatives, to keep confidential any and all Confidential Information furnished by or on behalf of the period prior Company or any of its Subsidiaries pursuant to this Agreement. "Confidential Information" means any information furnished pursuant to this Agreement, regardless of the form in which such information is communicated or maintained, and all notes, reports, analyses, compilations, studies, files or other documents or material, whether prepared by the Company, Parent, Merger Sub or others, which are based on, contain or otherwise reflect such information; provided, that "Confidential Information" does not include information that (i) is or becomes available to the Effective Time public, other than as a result of a disclosure in breach of this Section 6.03, (ii) was available, or has become available, to Parent, Merger Sub or any of their respective Representatives, on a non-confidential basis from a source other than the Company or its and Representatives; provided, that such source was not, to the Knowledge of Parent or Merger Sub or such Representatives, prohibited from disclosing such information by a legal, contractual or fiduciary obligation owed to the Company’s properties, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly or (iii) Parent or Merger Sub or any of their respective Representatives independently developed without reference to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties heretoConfidential Information.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during (a) From the period prior date of this Agreement to the Effective Time to its and (or earlier termination of this Agreement), to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodextent permitted by applicable Law, the Company shall, and shall cause its each Company Subsidiary and each of their respective directors, officers, employees or authorized agents to (i) provide to Parent and representatives toParent's Representatives access, at reasonable times upon prior notice, to the officers, employees, agents, properties, offices and other facilities of the Company and the Company Subsidiaries and to the books and records thereof and (ii) furnish promptly to NeoHydro Technologies Corp. all such information concerning its the business, properties, Contracts, assets (tangible and intangible, including Intellectual Property), liabilities, Tax Returns, Tax elections and all other workpapers relating to Taxes, personnel, internal financial conditionstatements and other aspects of the Company and the Company Subsidiaries as Parent or Parent's Representatives may reasonably request. The Company shall be entitled to have a Representative present at any inspection. No investigation conducted pursuant to this Section 6.6 shall affect or be deemed to modify or limit any representation or warranty made in this Agreement or affect the satisfaction or non-satisfaction of any condition to the Merger set forth in this Agreement. Subject to compliance with applicable Laws, operations from the date of this Agreement until the earlier of the termination of this Agreement and personnel as such other party may the Effective Time, the Company shall confer from time to time reasonably request. For as requested by Parent to meet with one or more representatives of Parent to discuss any material changes or developments in the purposes of determining the accuracy operational matters of the representations Company and warranties each Company Subsidiary and the general status of NeoHydro Technologies Corp. set forth herein the ongoing operations of the Company and compliance by NeoHydro Technologies Corp. each Company Subsidiary. Parent agrees to hold confidential all information which it has received or to which it has gained access pursuant to this Section 6.6 in accordance with the Confidentiality Agreement, dated as of its obligations hereunderMay 5, during 2006 between the period prior Company and Parent, as amended from time to time (the "Confidentiality Agreement"). As soon as practicable after delivering or making available any nonpublic information to any Person in connection with a Superior Offer, the Company shall deliver such nonpublic information to Parent (to the extent such information has not already been delivered to Parent). (b) From the date of this Agreement to the Effective TimeTime (or earlier termination of this Agreement), NeoHydro Technologies Corp. shall provide to the Company and its representatives with reasonable access during normal business hours to its propertiesextent permitted by applicable Law, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. Parent shall, and shall cause its officers, employees each Parent Subsidiary and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its their respective directors, officers, employees or authorized agents to (i) provide to Company and Company's Representatives access, at reasonable times upon prior notice, to the officers, employees, accountantsagents, counselproperties, financial advisors offices and other representatives facilities of Parent and affiliates the Parent Subsidiaries and to holdthe books and records thereof and (ii) furnish promptly such information concerning the business, properties, Contracts, assets (tangible and intangible, including Intellectual Property), liabilities, Tax Returns, Tax elections and all other workpapers relating to Taxes, personnel, internal financial statements and other aspects of Parent and the Parent Subsidiaries as Company or Company's Representatives may reasonably request. Parent shall be entitled to have a Representative present at any nonpublic information in confidenceinspection. • No investigation conducted pursuant to this Section 4.01 6.6 shall affect or be deemed to modify or limit any representations representation or warranties warranty made in this Agreement or affect the satisfaction or non-satisfaction of any condition to the Merger set forth in this Agreement. Subject to compliance with applicable Laws, from the date of this Agreement until the earlier of the Parties herein termination of this Agreement and the Effective Time, Parent shall confer from time to time as requested by Company to meet with one or more representatives of Company to discuss any material changes or developments in the conditions to operational matters of Parent and each Parent Subsidiary and the obligations general status of the Parties heretoongoing operations of Parent and each Parent Subsidiary. The Company agrees to hold confidential all information which it has received or to which it has gained access pursuant to this Section 6.6 in accordance with the Confidentiality Agreement.

Access to Information; Confidentiality. The (a) Subject to applicable Law and confidentiality agreements, from the date hereof until the Effective Time, the Company shall, and shall (i) cause its officers, employees, counsel, financial advisors Subsidiaries and other the officers and representatives of the Company and its Subsidiaries and (ii) use reasonable efforts to cause the officers and employees of the Advisor to, afford to NeoHydro Technologies Corp. the officers, employees and its representatives agents of Parent and Purchaser reasonable access during normal business hours during (and in such a way as to not unduly interfere with the period prior operation of the businesses of the Company or its Subsidiaries) to the Effective Time to its and to the Company’s personnel, properties, booksoffices, contractsplants and other facilities, commitments, personnel books and records and, during such period, of the Company shalland its Subsidiaries, and shall furnish Parent and Purchaser with such financial, operating and other data and information as Parent or Purchaser may reasonably request. (b) Subject to applicable Law and confidentiality agreements, from the date hereof until the Effective Time, Parent shall (i) cause its Purchaser, Parent’s Subsidiaries and the officers and representatives of Parent, Purchaser and Parent’s Subsidiaries to afford the officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy agents of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours (and in such a way as to its not unduly interfere with the operation of the businesses of Parent, Purchaser or Parent’s Subsidiaries) to the personnel, properties, booksoffices, contractsplants and other facilities, commitments, personnel books and records as may be necessary to enable the Company to confirm the accuracy of the representations Parent, Purchaser and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shallParent’s Subsidiaries, and shall cause its furnish the Company with such financial, operating and other data and information as the Company may reasonably request; provided that in no event shall Parent be obligated to afford to the Company or such officers, employees and representatives toagents greater access to such personnel, furnish promptly properties, offices, plants and other facilities, books and records than was afforded to the Company upon its request (i) a copy of each reportand such officers, schedule, registration statement employees and other document filed by it during such period pursuant agents prior to the requirements of federal date hereof. (c) All information obtained by Parent, Purchaser or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 6.03 shall affect any representations or warranties of be kept confidential in accordance with the Parties herein or confidentiality agreement, dated March 10, 2006, as amended on April 14, 2006 (the conditions to “Confidentiality Agreement”), among Parent, the obligations of Company and the Parties heretoAdvisor.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during (a) From the period prior date hereof to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodTime, the Company shall, and shall cause its officers, employees each Subsidiary and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its their respective directors, officers, employees, accountants, consultants, legal counsel, financial advisors advisors, agents and other representatives representatives, during regular business hours and affiliates upon reasonable written request, to holdgive Buyer and its authorized representatives, including counsel, consultants, accountants, auditors and agents, reasonable access to all books, records, offices and other facilities and properties of the Company and each Subsidiary and will cause its officers and those of the Subsidiaries to furnish promptly such information concerning the business, properties, contracts, assets, liabilities, personnel and other aspects of the Company or any nonpublic Subsidiary as Buyer may from time to time reasonably request; provided, however, that any such access shall not interfere with the businesses or operations of the Company or any Subsidiary and that all contacts with the Company's employees will be initially coordinated with the Company's Chief Executive Officer or Chief Financial Officer. (b) Any information in confidence. • No investigation provided to or obtained by Buyer pursuant to this Section 4.01 paragraph (a) above shall affect any representations or warranties be "Confidential Information" under the Confidentiality Agreement, dated December 20, 2001, between the Company and Buyer (the "Buyer Confidentiality Agreement"), and shall be held by Buyer in accordance with and be subject to the terms of the Parties Confidentiality Agreement, which terms shall be incorporated herein by reference. (c) Except as may be required by applicable law or the conditions rules of the applicable stock exchange, at any time from the date of this Agreement until and including the Effective Time, none of the parties hereto shall issue a press release or public announcement or otherwise make any disclosure concerning this Agreement or the transactions contemplated hereby or the business and financial affairs of the Company, without prior written approval by the other party hereto. If any public announcement is required by law or the rules of the applicable stock exchange to be made by any party hereto with respect to the obligations Company or the transactions contemplated hereby at any time from the date of this Agreement until and including the Effective Time, prior to making such announcement such party will deliver a draft of such announcement to the other party and shall give the other party reasonable opportunity to comment thereon; provided, however, that a party may, without the prior consent of the Parties heretoother party, issue such press release or make such public announcement as may be required by law or the rules of the applicable stock exchange if it has used its reasonable best efforts to consult with the other party and to obtain the other party's consent but has been unable to do so in a timely manner. (d) At Buyer's sole discretion and expense, Buyer and its representatives shall be entitled to conduct Phase I environmental assessments of each of the Company's facilities. To facilitate these assessments, the Company shall provide to Buyer and its representatives access to each of its facilities at all reasonable times. At Buyer's sole discretion and expense, Buyer and its representatives shall be entitled to conduct sampling of the soil, groundwater and surface water at the Operating Sites set forth on Schedule 7.2(d); provided that such sampling shall be completed, and a final report on the sampling provided to the Company, by June 1, 2002; and provided, further, that, to the extent any breach of the Company's representations and warranties in Article IV is identified in connection with such sampling, the Company shall have the right to cure such breach prior to Closing or to commit to cure such breach in a timely fashion after Closing.

Access to Information; Confidentiality. The (a) Solely for the purposes of furthering the Mergers or for integration planning related thereto, and subject to contractual and legal restrictions applicable to the Company or any of its Subsidiaries, the Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives Subsidiaries to, afford to NeoHydro Technologies Corp. Parent and its representatives to the Representatives of Parent, reasonable access during normal business hours during the period prior to the Effective Time or the termination of this Agreement to its and to all of the Company’s properties, books, contracts, commitments, personnel and records andrecords; provided, during however, that such periodaccess does not unreasonably disrupt the normal operations of the Acquired Companies. This Section 5.5(a) shall not require any Acquired Company or allow Parent to perform invasive testing or evaluation (including any Phase II environmental testing) or permit any access, or to disclose any information, that in the reasonable judgment of the Company would reasonably be expected to result in (i) the disclosure of any trade secrets of third parties or a violation of any of such Acquired Company’s obligations with respect to confidentiality if such Acquired Company shall have used its reasonable best efforts to obtain the consent of such third party to such inspection or disclosure, (ii) the loss of attorney-client or other legal privilege with respect to such information or (iii) the disclosure of competitively sensitive information in the case of documents or portions of documents relating to pricing or other matters that are highly sensitive (including any Government Contract or Government Bid). If any material is withheld by such Acquired Company pursuant to the preceding sentence, the Company shall inform Parent as to the general nature of what is being withheld. All information exchanged pursuant to this Section 5.5(a) shall be subject to the Mutual Confidentiality and Non-Disclosure Agreement, dated December 14, 2020, between the Company and Parent (the “Confidentiality Agreement”). (b) Solely for the purposes of furthering the Mergers or for integration planning related thereto, and subject to contractual and legal restrictions applicable to Parent or any of its Subsidiaries, Parent shall, and shall cause its officers, employees and representatives Subsidiaries to, furnish promptly afford to NeoHydro Technologies Corp. all information concerning the Company and its businessRepresentatives, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, reasonable access during normal business hours during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide Time or the Company and its representatives with reasonable access during normal business hours termination of this Agreement to its all of Parent’s properties, books, contracts, commitments, personnel and records as may be necessary to enable records; provided, however, that such access does not unreasonably disrupt the normal operations of the Parent or its Subsidiaries. This Section 5.5(b) shall not require Parent or allow any Acquired Company to confirm perform invasive testing or evaluation (including any Phase II environmental testing) or permit any access, or to disclose any information, that in the accuracy reasonable judgment of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly Parent would reasonably be expected to the Company upon its request result in (i) the disclosure of any trade secrets of third parties or a copy violation of each reportany of Parent’s obligations with respect to confidentiality if Parent shall have used its reasonable best efforts to obtain the consent of such third party to such inspection or disclosure, schedule, registration statement and (ii) the loss of attorney-client or other document filed legal privilege with respect to such information or (iii) the disclosure of competitively sensitive information in the case of documents or portions of documents relating to pricing or other matters that are highly sensitive (including any Government Contract or Government Bid). If any material is withheld by it during such period Parent pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its businesspreceding sentence, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of Parent shall inform the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates as to hold, any nonpublic the general nature of what is being withheld. All information in confidence. • No investigation exchanged pursuant to this Section 4.01 5.5(b) shall affect any representations or warranties of the Parties herein or the conditions be subject to the obligations of the Parties heretoConfidentiality Agreement.

Access to Information; Confidentiality. (a) The Company shall, and shall cause the Company Subsidiary and the Representatives of the Company and the Company Subsidiary to, afford to Parent, Merger Sub and their respective Representatives reasonable access upon reasonable advance notice and during normal business hours from the date hereof through the Effective Time to its officers, employees, counselagents, financial advisors and other representatives toproperties, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its and to the Company’s propertiesfacilities, books, contractsrecords, commitments, personnel Contracts and records and, during such period, the Company shall, other assets and shall cause its officerspromptly furnish to Parent, employees Merger Sub and representatives totheir respective Representatives all financial, furnish promptly to NeoHydro Technologies Corp. all operating and other data and information concerning its business, properties, financial condition, operations and personnel as such other party Persons may from time to time reasonably request. For Parent and Merger Sub shall have the purposes of determining the accuracy of the representations right to make such due diligence investigations as Parent and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunderMerger Sub shall deem necessary or reasonable, during the period prior upon reasonable notice to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and without significant interference to Company’s operations or properties. The Company shall instruct its representatives Representatives to cooperate with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel Parent and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each Merger Sub in their investigation of the Company and NeoHydro Technologies Corp. will hold, the Company Subsidiary. All access and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation investigations pursuant to this Section 4.01 7.7(a) shall be conducted at Parent’s expense and under the supervision of appropriate personnel of the Company and in a manner that does not unreasonably interfere with the normal operation of the business of the Company and the Company Subsidiary. No additional investigations or disclosures shall affect any the Company’s representations and warranties contained herein, or warranties limit or otherwise affect the remedies available to Parent and Merger Sub pursuant to this Agreement. (b) The provisions of the Parties Confidentiality Agreement shall remain in full force and effect in accordance with its terms. (c) Nothing herein shall require the Company to disclose any information to Parent if such disclosure would, in the Company’s reasonable discretion (i) jeopardize any attorney-client privilege, work product doctrine or other legal privilege (provided that the Company will nonetheless provide Parent with appropriate information regarding the factual basis underlying any circumstances that resulted in the preparation of such privileged analyses) or (ii) contravene any applicable Law, fiduciary duty or binding Contract entered into prior to the date hereof, including any confidentiality agreement to which the Company or the conditions Company Subsidiary is a party (provided that the Company shall use its commercially reasonable efforts to obtain the obligations consent of any such Contract’s counterparty to such inspection or disclosure). The Company and Parent will each use commercially reasonable efforts to make appropriate substitute arrangements to permit reasonable disclosure under circumstances in which the restrictions of the Parties heretopreceding sentence apply.

Access to Information; Confidentiality. The Company shall(a) From the date hereof until the Effective Time, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodextent permitted by applicable Law, the Company shall, and shall cause its Subsidiaries and the officers, directors, employees, auditors and agents of the Company and its Subsidiaries to, afford the officers, employees and representatives toagents of Parent and Merger Sub complete access at all reasonable times to the officers, furnish promptly to NeoHydro Technologies Corp. all information concerning its businessemployees, agents, properties, financial conditionoffices, operations plants and personnel as such other party may from time to time reasonably request. For the purposes facilities, books and records of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shallSubsidiaries, and shall cause its furnish Parent and Merger Sub with such financial, operating and other data and information as Parent or Merger Sub, through their officers, employees and representatives toor agents, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No Any investigation pursuant to this Section 4.01 shall affect any representations or warranties be conducted in a manner as not to interfere unreasonably with the conduct of the Parties herein or the conditions to the obligations business of the Parties heretoCompany or its Subsidiaries. (b) Parent and the Company shall continue to be bound by the Letter Agreement re: Confidentiality dated August 26, 2002 and the Confidential Disclosure Agreement dated January 28, 2003 (the "Confidentiality Agreements"). (c) In the event of the termination of this Agreement in accordance with Section 8.01, Parent and Merger Sub shall, and shall use their reasonable best efforts to cause their respective affiliates and their respective officers, directors, employees and agents to, (i) return promptly every document furnished to them by the Company or its Subsidiaries, or any officer, director, employee, auditor or agent of the Company or its Subsidiaries in connection with the Merger and containing Proprietary Information (as defined in the Confidentiality Agreements) and all copies thereof in their possession, and cause any other parties to whom such documents may have been furnished promptly to return such documents and all copies thereof, other than such documents as may have been filed with the SEC or otherwise be publicly available, and (ii) destroy promptly all documents created by them from any Proprietary Information and all copies thereof in their possession, and cause any other parties to whom such documents may have been furnished to destroy promptly such documents and any copies thereof.

Access to Information; Confidentiality. The Upon reasonable notice, the Company shall, shall (and shall cause each of its Subsidiaries to) afford to the representatives, officers, directors, employees, counselagents, attorneys, accountants and financial advisors (“Representatives”) of Parent reasonable access (at Parent’s sole cost and other representatives toexpense), afford in a manner not disruptive in any material respect to NeoHydro Technologies Corp. the operations of the business of the Company and its representatives reasonable access Subsidiaries, during normal business hours during and upon reasonable written notice throughout the period prior to commencing on the date of this Agreement until the earlier of the Effective Time and the termination of this Agreement pursuant to its and Article VIII, to the Company’s properties, books, contracts, commitments, personnel books and records of the Company and its Subsidiaries and, during such period, the Company shall, shall (and shall cause each of its officers, employees and representatives Subsidiaries to, ) furnish promptly to NeoHydro Technologies Corp. such Representatives all information concerning its the business, properties, financial condition, operations properties and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records Subsidiaries as may reasonably be necessary requested in writing, in each case, for any reasonable business purpose related to enable the consummation of the transactions contemplated by this Agreement; provided, however, that nothing herein shall require the Company or any of its Subsidiaries to confirm disclose any information to Parent or Acquisition Sub if such disclosure would, in the accuracy reasonable judgment of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunderCompany, and, during such period, NeoHydro Technologies Corp. shall, and shall (i) cause its officers, employees and representatives to, furnish promptly significant competitive harm to the Company upon or its request (i) a copy of each reportSubsidiaries if the transactions contemplated by this Agreement are not consummated, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time violate applicable Law or the provisions of any agreement to time reasonably request. Except as required by law, each of which the Company or any of its Subsidiaries is a party, or (iii) jeopardize any attorney-client or other legal privilege. No investigation or access permitted pursuant to this Section 6.4 shall affect or be deemed to modify any representation or warranty made by the Company hereunder. Each of Parent and NeoHydro Technologies Corp. Acquisition Sub agrees that it will holdnot, and will cause its respective directorsRepresentatives not to, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, use any nonpublic information in confidence. • No investigation obtained pursuant to this Section 4.01 shall affect 6.4 (or otherwise pursuant to this Agreement) for any representations competitive or warranties other purpose unrelated to the consummation of the Parties herein or the conditions transactions contemplated by this Agreement. Parent will use its reasonable best efforts to minimize any disruption to the obligations respective business of the Parties heretoCompany and its Subsidiaries that may result from requests for access under this Section 6.4 and, notwithstanding anything to the contrary herein, the Company may satisfy its obligations set forth above by electronic means if physical access is not reasonably feasible or would not be permitted under applicable Law as a result of COVID-19 or any COVID-19 Measures. Prior to any disclosure, the Company and Parent shall enter into a customary confidentiality agreement with respect to any information obtained pursuant to this Section 6.4 (or otherwise pursuant to this Agreement).

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford (a) From the date of this Agreement until the earlier to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during the period prior to occur of the Effective Time to its and to or the Company’s properties, books, contracts, commitments, personnel and records and, during such periodtermination of this Agreement in accordance with the terms set forth in Article IX of this Agreement, the Company shall, and shall cause its Subsidiaries to, afford to Parent and Parent’s Representatives reasonable access, at reasonable times during normal operating hours, upon reasonable prior written notice and in a manner as shall not unreasonably interfere with the business or operations of the Company or any Subsidiary thereof, to the officers, employees and representatives toemployees, furnish promptly to NeoHydro Technologies Corp. all information concerning its businessaccountants, properties, financial conditionoffices and other Facilities and to all books, operations records, Contracts and personnel as such other party may from time to time reasonably request. For the purposes assets of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its propertiesSubsidiaries, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives Subsidiaries to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during Parent such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations the business and personnel as such other party may from time to time reasonably request. Except as required by law, each properties of the Company and NeoHydro Technologies Corp. will holdits Subsidiaries as Parent may reasonably request from time to time. Notwithstanding the foregoing, and will neither the Company nor any of its Subsidiaries shall be required to provide access to or disclose information where such access or disclosure would be reasonably likely to jeopardize the protection of attorney-client privilege, or contravene any Legal Requirement or contractual restraint enforceable upon the Company or any of its Subsidiaries (it being agreed that the Parties shall use their reasonable best efforts to cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates such information to hold, any nonpublic information be provided in confidencea manner that would not result in such jeopardy or contravention). • No investigation shall affect the Company’s representations and warranties contained herein, or limit or otherwise affect the remedies available to Parent or Merger Sub pursuant to this Section 4.01 Agreement. (b) Parent and the Company shall affect any representations or warranties comply with, and shall cause their respective Representatives to comply with, all of their respective obligations under the Confidentiality Agreement, which shall survive the termination of this Agreement in accordance with the terms set forth in Article IX of this Agreement in accordance with the terms set forth therein. The terms and conditions of the Parties herein Confidentiality Agreement shall apply to any information obtained by Parent or the conditions any of its Representatives in connection with any investigation conducted pursuant to the obligations of the Parties heretoaccess contemplated by this Section 5.2.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during (a) From the period prior date of this Agreement to the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodTime, the Company shall, and shall cause each Company Subsidiary and each of its and each Company Subsidiary's Representatives to, (i) provide to Parent and Parent's Representatives access, at reasonable times upon prior notice, to the officers, employees employees, agents, properties, offices and representatives toother facilities and books and records of the Company and the Company Subsidiaries, and (ii) furnish promptly to NeoHydro Technologies Corp. all such information concerning its the business, properties, insurance, Contracts, prospects, Property, Liabilities, Tax Returns, Tax elections and all other workpapers and studies relating to Taxes, personnel, internal financial conditionstatements and other aspects of the Company and the Company Subsidiaries as Parent or Parent's Representatives may reasonably request. Notwithstanding the foregoing, operations the Company may restrict the foregoing access to the extent that (A) any Law of any Governmental Entity applicable to the Company requires the Company or any Company Subsidiary to restrict or prohibit such access to any such Properties or information, (B) Parent's access to the information would breach the Company's confidentiality obligations to a third party (provided that upon Parent's reasonable request the Company shall use its reasonable efforts to obtain such third party's consent to permit Parent access to such information, subject to appropriate confidentiality protections), or (C) disclosure of any such information or document would result in the loss of the Company's or any Company Subsidiary's attorney-client privilege. Subject to compliance with applicable Laws, from the date of this Agreement until the earlier of the termination of this Agreement and personnel as such other party may the Effective Time, the Company shall confer from time to time as reasonably request. For requested by Parent to meet with one or more Representatives of Parent to discuss any material changes or developments in the purposes of determining the accuracy operational matters of the representations Company and warranties each Company Subsidiary and the general status of NeoHydro Technologies Corp. set forth herein the ongoing operations of the Company and compliance by NeoHydro Technologies Corp. the Company Subsidiaries. (b) From the date of its obligations hereunder, during the period prior this Agreement to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. Parent shall, and shall cause each Parent Subsidiary and each of its officers, employees and representatives each Parent Subsidiary's Representatives to, furnish promptly (i) provide to the Company and the Company's Representatives access, at reasonable times upon its request (i) a copy of each reportprior notice, scheduleto the officers, registration statement employees, agents, properties, offices and other document filed by it during such period pursuant to the requirements facilities and books and records of federal or state securities laws Parent and Parent Subsidiaries, and (ii) all other furnish promptly such information concerning its the business, properties, insurance, Contracts, prospects, Property, Liabilities, Tax Returns, Tax elections and all other workpapers and studies relating to Taxes, personnel, internal financial conditionstatements and other aspects of Parent and the Parent Subsidiaries as the Company or the Company's Representatives may reasonably request. Notwithstanding the foregoing, operations Parent may restrict the foregoing access to the extent that (A) any Law of any Governmental Entity applicable to Parent requires Parent or any Parent Subsidiary to restrict or prohibit such access to any such Properties or information, (B) the Company's access to the information would breach Parent's confidentiality obligations to a third party (provided that upon the Company's reasonable request Parent shall use its reasonable efforts to obtain such third party's consent to permit the Company access to such information, subject to appropriate confidentiality protections), or (C) disclosure of any such information or document would result in the loss of Parent's or any Parent Subsidiary's attorney-client privilege. Subject to compliance with applicable Laws, from the date of this Agreement until the earlier of the termination of this Agreement and personnel as such other party may the Effective Time, Parent shall confer from time to time as reasonably request. Except as required requested by law, each the Company to meet with one or more Representatives of the Company to discuss any material changes or developments in the operational matters of Parent and NeoHydro Technologies Corp. will hold, each Parent Subsidiary and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties the general status of the Parties herein or ongoing operations of Parent and the conditions Parent Subsidiaries. (c) The parties hereto acknowledge that Parent, the Company and Stanford have previously executed that certain Mutual Confidentiality Agreement, effective April 1, 2006 (as Amended from time to time, the obligations of the Parties hereto"Confidentiality Agreement"), which shall continue in full force and effect in accordance with its terms.

Access to Information; Confidentiality. The Company shall, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during (a) From the period prior to date hereof until the earlier of the Effective Time to its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodtermination of this Agreement, the Company shall, and shall use its reasonable best efforts to cause its the officers, employees and representatives todirectors, furnish promptly to NeoHydro Technologies Corp. all information concerning its businessemployees, propertiesauditors, attorneys, consultants, financial conditionadvisors, operations lenders and personnel as such other party may from time to time reasonably request. For representatives (collectively, the purposes "Representatives") of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with the Company Subsidiaries to, afford the Representatives of Parent and Merger Sub, upon reasonable advance notice, reasonable access during normal business hours to its the officers, employees, agents, premises, properties, offices and other facilities, books, contractsrecords, commitments, personnel contracts and records as may be necessary to enable documents of the Company and the Company Subsidiaries, and shall furnish Parent and Merger Sub with all financial, tax, operating and other data and information as Parent or Merger Sub, through its Representatives, may reasonably request. Parent and Merger Sub shall use reasonable best efforts to confirm minimize any disruption to the accuracy business of the representations Company and warranties the Company Subsidiaries that may result from the requests for access, data and other information hereunder. The Company shall use reasonable best efforts to furnish to Parent quarterly financial and operating data and information in substantially the form attached hereto as Exhibit C within forty-five days following the end of NeoHydro Technologies Corp. set forth herein each calendar quarter. In addition, the Company shall use reasonable best efforts to furnish to Parent within thirty days following the end of each calendar month a schedule in substantially the form attached hereto as Exhibit D identifying the aggregate estimated annualized revenue and compliance by NeoHydro Technologies Corp. earnings associated with (a) all new business secured during the preceding calendar month, (b) all business that has been lost or is not being renewed during the preceding calendar month and (c) all business that has been renewed on new or revised terms or conditions (including a comparison to the annualized revenue and earnings associated with the previous contract) (such changes in (a), (b) and (c), the "Company Changed Contracts"). Parent will remain subject to the terms of a confidentiality agreement with the Company dated May 7, 2003 (the "Confidentiality Agreement"). Notwithstanding the foregoing, the Company shall have no obligation to provide any such access or data and information if the Company determines in good faith after consultation with outside legal counsel that providing such access or data and information would violate any legal or contractual restrictions, including restrictions under Antitrust Laws. Neither Parent nor any of its obligations hereunderRepresentatives shall contact any person who, andto the knowledge of Parent, during is a client or customer of the Company or any of the Company Subsidiaries without the Company's prior written consent, such periodconsent not to be unreasonably withheld or delayed; provided, NeoHydro Technologies Corp. however, Parent and its Representatives shall not be restricted from contacting any potential clients or customers in the ordinary course of business, including in connection with responding to "requests for proposals." (b) From the date hereof until the earlier of the Effective Time and the termination of this Agreement, Parent shall, and shall use its reasonable best efforts to cause its officers, employees the Representatives of Parent and representatives the Parent Subsidiaries to, furnish promptly afford the Representatives of the Company, upon reasonable advance notice, reasonable access during normal business hours to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountantsagents, counselpremises, financial advisors properties, offices and other representatives facilities, books, records, contracts and affiliates documents of Parent and the Parent Subsidiaries, and shall furnish the Company with all financial, tax, operating and other data and information as the Company, through its Representatives, may reasonably request. The Company shall use reasonable best efforts to holdminimize any disruption to the business of Parent and the Parent Subsidiaries that may result from the requests for access, any nonpublic data and other information hereunder. Parent shall use reasonable best efforts to furnish to the Company quarterly financial and operating data and information in confidencesubstantially the form attached hereto as Exhibit E within forty-five days following the end of each calendar quarter. • In addition, Parent shall use reasonable best efforts to furnish to the Company within thirty days following the end of each calendar month a schedule in substantially the form attached hereto as Exhibit D identifying the aggregate estimated annualized revenue and earnings associated with (a) all new business secured during the preceding calendar month, (b) all business that has been lost or is not being renewed during the preceding calendar month and (c) all business that has been renewed on new or revised terms or conditions (including a comparison to the annualized revenue and earnings associated with the previous contract) (such changes in (a), (b) and (c), the "Parent Changed Contracts"). The Company will remain subject to the terms of the Confidentiality Agreement. Notwithstanding the foregoing, Parent shall have no obligation to provide any such access or data and information if Parent determines in good faith after consultation with outside legal counsel that providing such access or data and information would violate any legal or contractual restrictions, including restrictions under Antitrust Laws. Neither the Company nor any of its Representatives shall contact any person, who to the knowledge of the Company, is a client or customer of Parent or any of the Parent Subsidiaries without Parent's prior written consent, such consent not to be unreasonably withheld or delayed; provided, however, the Company or its Representatives shall not be restricted from contacting any potential clients or customers in the ordinary course of business, including in connection with responding to "requests for proposals." (c) No investigation pursuant to this Section 4.01 5.3 shall affect any representations representation or warranties warranty in this Agreement of the Parties herein any party hereto or the conditions any condition to the obligations of the Parties parties hereto. (d) Notwithstanding anything contained in this Agreement or the Confidentiality Agreement to the contrary, the parties (and each employee, representative or other agent of the parties) may disclose to any and all persons, without limitation of any kind, the Tax treatment and any facts that may be relevant to the Tax structure of the Merger; provided, however, that no party (and no employee, representative or other agent thereof) shall disclose any other information that is not relevant to understanding the Tax treatment and Tax structure of the Merger (including the identity of any party and any information that could lead another to determine the identity of any party), or any other information to the extent that such disclosure could reasonably result in a violation of any federal or state securities law. The parties acknowledge and agree that this Section 5.3(d) shall be deemed an amendment to the Confidentiality Agreement pursuant to and in accordance with paragraph 11 thereof.

Access to Information; Confidentiality. (a) The Company shall, and shall cause its officersSubsidiaries, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. (i) provide to Parent and its representatives reasonable Representatives access during normal business hours during throughout the period prior to the Effective Time to its and Closing upon reasonable prior notice to the Company’s officers, employees, agents, properties, books, contracts, commitments, personnel books and records andof the Company and its Subsidiaries, during and (ii) furnish promptly such periodinformation concerning the Company and its Subsidiaries as Parent or any of its Representatives may reasonably request. Notwithstanding the foregoing, the Company shall not be required to provide such access if it determines that it would unreasonably disrupt or impair the business or operations of the Company or any of its Subsidiaries. Nothing in this Agreement shall require the Company or any of its Subsidiaries to disclose information to the extent such information would result in a waiver of attorney-client privilege, work product doctrine or similar privilege or violate any confidentiality obligation of such party existing as of the date of this Agreement. Nothing in this Agreement shall require the Company or any of its Subsidiaries to permit any inspection, or to disclose any information, that in the reasonable judgment of the Company or any of its Subsidiaries, would result in (i) the disclosure of any trade secrets of third parties or violate any of its obligations with respect to confidentiality if the Company or any of its Subsidiaries shall have used reasonable best efforts to obtain the consent of such third party to such inspection or disclosure or (ii) any violation of Laws relating to the sharing of information between competitors, it being understood that the Company and its Subsidiaries shall provide extracts, summaries, aggregations or other information to the greatest extent practicable in a manner that does not result in any such violation or improper disclosure. (b) Parent and the Company shall comply with, and shall cause their respective Representatives to comply with, all of their respective obligations under the Confidentiality Agreement, dated as of August 18, 2010 (the “Confidentiality Agreement”), between Parent and the Company with respect to the information disclosed under this Section 5.3. (c) Nothing contained in this Agreement shall give Parent directly or indirectly, rights to control or direct the operations of the Company and its Subsidiaries before the Effective Time. Before the Effective Time, the Company shall, consistent with the terms and shall cause its officersconditions of this Agreement, employees exercise complete control and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, supervision over the operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal or state securities laws and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties heretoSubsidiaries.

Access to Information; Confidentiality. The Except for competitively sensitive information as to which access, use and treatment is subject to applicable law, the Company shall, and its subsidiaries shall cause its officers, employeesafford to Parent and Merger Sub and their respective accountants, counsel, financial advisors advisors, lenders, potential lenders and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during upon reasonable notice throughout the period prior to the Effective Time to its and to the Company’s their respective properties, books, contracts, commitments, personnel commitments and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all such information concerning its businessbusinesses, properties, financial condition, operations properties and personnel as Parent or Merger Sub shall reasonably request; provided, however, such other investigation shall not unreasonably disrupt the Company's operations and shall not be deemed to permit Parent or Merger Sub to conduct any on site environmental investigations or examinations. All nonpublic information provided to, or obtained by, Parent in connection with the transactions contemplated hereby shall be "Evaluation Material" for purposes of the Confidentiality Agreement dated August 17, 2001 between Parent and the Company (the "CONFIDENTIALITY AGREEMENT"), the terms of which shall continue in force until the Effective Time; provided that Parent, Merger Sub and the Company may disclose such information as may be necessary in connection with seeking the Parent Required Statutory Approvals, the Company Required Statutory Approvals and the Company Stockholder Approval. Notwithstanding the foregoing, the Company shall not be required to provide any information which it reasonably believes it may not provide to Parent by reason of applicable law, rules or regulations, which constitutes information protected by attorney/client privilege, or which the Company or any subsidiary is required to keep confidential by reason of contract, agreement or understanding with third parties if the Company has used commercially reasonable efforts to obtain the consent of such third party may to such inspection or disclosure. Except to the extent prohibited by applicable law, the Company will consult with Parent from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide Time regarding engineering and technical aspects relating to the Company design and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. construction of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request (i) a copy of each report, schedule, registration statement Astoria Repowering Project and other document filed by it during such period pursuant to the requirements of federal or state securities laws material construction and (ii) all other information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. Except as required by law, each of the Company and NeoHydro Technologies Corp. will hold, and will cause its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or the conditions to the obligations of the Parties heretodevelopment projects.

Access to Information; Confidentiality. The (a) Subject to restrictions under applicable Law, the Company shallshall afford to Parent, and shall cause its to Parent’s officers, employees, accountants, counsel, financial advisors advisors, and other representatives totheir respective Agents, afford including the Debt Financing Sources (provided, however, that the Debt Financing Sources may only be provided with confidential information subject to NeoHydro Technologies Corp. and its representatives customary confidentiality undertakings reasonably acceptable to the Company) reasonable access access, during normal business hours and upon reasonable prior notice to the Company during the period prior to the Effective Time or the termination of this Agreement, to all of its and to the Company’s its Subsidiaries’ properties, books, contracts, commitmentsContracts, personnel and records and, during such period, the Company shall, and shall cause its officers, employees and representatives to, furnish promptly to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with reasonable access during normal business hours to its properties, books, contracts, commitments, personnel and records as may be necessary to enable the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and shall cause its officers, employees and representatives to, furnish promptly to the Company upon its request Parent (i) a copy of each report, schedule, registration statement and other document filed by it during such period pursuant to the requirements of federal Federal or state securities laws (unless such document is publicly available), (ii) a copy of each material correspondence or written communication with any United States Federal or state governmental agency, and (iiiii) all other information concerning its and its Subsidiaries’ business, properties, financial condition, operations properties and personnel as Parent may reasonably request; provided, however, that that the Company may restrict the foregoing access to such information or personnel to the extent that such disclosure would, based on the advice of legal counsel, result in a waiver of attorney-client privilege, the work product doctrine or any other party may applicable privilege applicable to such information. (b) Except for disclosures expressly permitted by the terms of the confidentiality agreement, dated March 21, 2014, between the Company and Parent (as amended from time to time reasonably request. Except as required by lawtime, each of the Company and NeoHydro Technologies Corp. will “Confidentiality Agreement”), Parent shall hold, and will shall cause its Holdings, Merger Sub and its, Holdings’ and Merger Sub’s respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates Agents to hold, any nonpublic all information received from the Company, directly or indirectly, in confidence. • confidence in accordance with the Confidentiality Agreement. (c) No investigation pursuant to this Section 4.01 shall affect 5.02 or information provided or received by any party hereto pursuant to this Agreement will be deemed to constitute an exception to any of the representations or warranties of the Parties herein parties hereto contained in this Agreement or the conditions hereunder to the obligations of the Parties parties hereto, constitute a waiver of any breach thereof or otherwise affect or limit the remedies available to Parent, Holdings or Merger Sub pursuant to this Agreement.

Access to Information; Confidentiality. The Company shall(a) Subject to applicable Laws relating to the exchange of information, and shall cause its officers, employees, counsel, financial advisors and other representatives to, afford to NeoHydro Technologies Corp. and its representatives reasonable access during normal business hours during from the period prior to date hereof until the earlier of the Effective Time to or the date on which this Agreement is terminated in accordance with its and to the Company’s properties, books, contracts, commitments, personnel and records and, during such periodterms, the Company shall, and Parent shall cause its officers, employees and representatives to, furnish promptly afford to NeoHydro Technologies Corp. all information concerning its business, properties, financial condition, operations and personnel as such the other party may from time to time reasonably request. For the purposes of determining the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, during the period prior to the Effective Time, NeoHydro Technologies Corp. shall provide the Company and its representatives with Representatives reasonable access during normal business hours to its the Company’s or Parent’s, as applicable, properties, books, contracts, commitments, personnel Contracts and records as may be necessary to enable and the Company to confirm the accuracy of the representations and warranties of NeoHydro Technologies Corp. set forth herein and compliance by NeoHydro Technologies Corp. of its obligations hereunder, and, during such period, NeoHydro Technologies Corp. shall, and Parent shall cause its officers, employees and representatives to, furnish promptly to the Company upon other party such information concerning its business and properties as such party may reasonably request (i) a copy of each report, schedule, registration statement and other than any publicly available document filed by it during such period pursuant to the requirements of federal or state securities laws Laws); provided that the Company, Parent and their respective Representatives shall conduct any such activities in such a manner as not to interfere unreasonably with the business or operations of the other party; and provided, further, that the Company and Parent shall not be obligated to provide such access or information if the Company or Parent, as applicable, determines, in its reasonable judgment, that doing so would violate applicable Law or a Contract or obligation of confidentiality owing to a third-party (provided that the Company or Parent, as applicable, shall use commercially reasonable efforts to obtain any consents of third parties that are necessary to allow such information to be disclosed to the other) or jeopardize the protection of the attorney-client privilege (provided that the Company or Parent, as applicable, shall use commercially reasonable efforts to allow for such access or disclosure in a manner that does not result in loss of the attorney-client privilege). Until the Effective Time, the information provided will be subject to the terms of the Confidentiality Agreement, dated as of December 12, 2012, between Parent and the Company (the “Confidentiality Agreement”), and, without limiting the generality of the foregoing, Parent and Company shall not, and Parent and Company shall cause their respective Representatives not to, use such information for any purpose unrelated to the consummation of the Transactions. No investigation shall affect the Company’s, Parent’s or Merger Sub’s representations and warranties contained herein, or limit or otherwise affect the remedies available to Parent, Merger Sub or the Company pursuant to this Agreement. (b) The Company and Parent acknowledge and agree that each (i) had an opportunity to discuss the business of other party with the management of the other party, (ii) all has had access to the books and records, facilities, contracts and other information concerning its business, properties, financial condition, operations and personnel as such assets of the other party may which it and its affiliates have requested to review, (iii) has been afforded the opportunity to ask questions of and receive answers from time to time reasonably request. Except as required by law, each officers of the Company other party and NeoHydro Technologies Corp. will hold, and will cause (iv) has conducted its respective directors, officers, employees, accountants, counsel, financial advisors and other representatives and affiliates to hold, any nonpublic information in confidence. • No own independent investigation pursuant to this Section 4.01 shall affect any representations or warranties of the Parties herein or other party, its businesses and the conditions to the obligations of the Parties heretoTransactions.