Common use of Authorized Use and Disclosure Clause in Contracts

Authorized Use and Disclosure. Each Party may use and disclose Confidential Information of the other Party as follows: (a) under appropriate confidentiality provisions substantially equivalent to those in this Agreement in connection with the performance of its obligations or exercise of rights granted to such Party in this Agreement; (b) to the extent such disclosure is reasonably necessary for the Prosecution and Maintenance of Patents (including applications therefor) in accordance with Section 9.3, prosecuting or defending litigation, filing for and conducting preclinical or clinical trials, obtaining and maintaining Regulatory Approvals for Products; (c) in communication with existing and potential acquirers, investors, strategic partners, licensees, distributors, consultants, advisors (including financial advisors, lawyers and accountants) and others on a need to know basis, in each case, under appropriate confidentiality provisions substantially equivalent to those of this Agreement; (d) for the purposes of the performance of this Agreement and exercising any rights of a Party pursuant to this Agreement and in connection with the grant of any license pursuant to Article 7 of this Agreement; or (e) to the extent mutually agreed to by the Parties. Notwithstanding the foregoing, and without limiting Section 9.1.4, to the extent any Verily Retained Know-How is Confidential Information, (i) such Verily Retained Know-How shall not be used by Verily or its Affiliates in the [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party in the [***] any such Verily Retained Know-How without DexCom’s prior written consent except where such disclosure is for purposes of performing activities under this Agreement, and (iii) without limiting the foregoing, any disclosure of Verily Retained Know-How to any Third Party shall be under a use restriction limiting such use of such Verily Retained Know-How to be outside of [***]. In addition, to the extent any Know-How is assigned to DexCom under this Agreement, such Know-How shall be protected as DexCom’s Confidential Information under this Article 7. Furthermore, during the Term, to the extent any proprietary, non-public Know-How is included in Joint Collaboration IP (“Joint Collaboration Know-How”), then (i) such Joint Collaboration Know-How shall not be used by Verily or its Affiliates in [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party for use in [***] any such Joint Collaboration Know-How without DexCom’s prior written consent, and (iii) without limiting the foregoing, any disclosure of Joint Collaboration Know-How to any Third Party shall be under a use restriction limiting such use of such Joint Collaboration Know-How to be outside of [***].

Authorized Use and Disclosure. Each Party may use and disclose Confidential Information of the other Party as follows: (a) under appropriate confidentiality provisions substantially equivalent to those in this Agreement in connection with the performance of its obligations or exercise of rights granted to such Party in this Agreement; (b) Party, but only to the extent such disclosure is reasonably absolutely necessary for and limited to the Prosecution and Maintenance furthest extent possible, in the following situations: (i) enforcing its rights or the obligations of Patents (including applications therefor) the other Party under, or arising out of, this Agreement, in accordance with Section 9.310(b) of this Agreement; (ii) complying with Applicable Laws and regulations promulgated by security exchanges, prosecuting court order or defending litigation, filing for administrative subpoenas or orders or otherwise submitting information to tax or other governmental authorities; provided that the receiving Party has provided prior notice of such disclosure to the disclosing Party (unless prohibited by Applicable Law) and conducting preclinical afforded the disclosing Party the opportunity to resist or clinical trials, obtaining and maintaining Regulatory Approvals for Products; obtain protections in respect of such disclosure; (ciii) in communication with existing and potential acquirers, investors, strategic partners, licensees, distributorsdisclosure to its or its Affiliates’ employees, consultants, advisors (including financial advisors, lawyers and accountants) and others on a need to need–to-know basis, in each case, under appropriate confidentiality provisions substantially equivalent to those of this Agreement; (d) for the purposes sole purpose of the performance of this Agreement and exercising any rights of a Party pursuant to this Agreement and in connection with the grant of any license pursuant to Article 7 of this Agreement; or (e) to the extent mutually agreed to by the Parties. Notwithstanding the foregoing, and without limiting Section 9.1.4, to the extent any Verily Retained Know-How is Confidential Information, (i) such Verily Retained Know-How shall not be used by Verily performing its or its Affiliates in the [***] except to perform the activities contemplated in the Agreement, (ii) Verily and Affiliates’ obligations or exercising its Affiliates shall not disclose to any Third Party in the [***] any such Verily Retained Know-How without DexCom’s prior written consent except where such disclosure is for purposes of performing activities or its Affiliates’ rights under this Agreement, provided that in each case the recipients of such Confidential Information are bound by written obligations of confidentiality and (iii) without limiting the foregoing, any disclosure of Verily Retained Knownon-How use at least as equivalent in scope as those set forth in this Section 7 prior to any Third such disclosure; and (iv) disclosure to existing and potential merger partners, acquirers or licensees/Sublicensees (including in the case of TiGenix, Takeda), including their respective consultants and professional advisors (including financial advisors, lawyers and accounts), solely on a need-to-know basis in order to evaluate an actual or potential investment, acquisition or business transactions; and provided that in connection with such disclosure, the disclosing Party shall be under a use restriction limiting such use inform each disclosee of the confidential nature of such Verily Retained Know-How information and cause each disclosee to be outside treat such information as confidential consistent with the nature of [***]. In addition, to the extent any Know-How is assigned to DexCom under this Agreement, such Know-How shall be protected as DexCom’s Confidential Information under this Article 7. Furthermoreso disclosed, during the Term, to the extent which will in any proprietary, non-public Know-How is included in Joint Collaboration IP (“Joint Collaboration Know-How”), then (i) such Joint Collaboration Know-How shall event not be used by Verily or its Affiliates less strict than the provisions set out in [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party for use in [***] any such Joint Collaboration Know-How without DexCom’s prior written consent, and (iii) without limiting the foregoing, any disclosure of Joint Collaboration Know-How to any Third Party shall be under a use restriction limiting such use of such Joint Collaboration Know-How to be outside of [***]this Section 7.

Authorized Use and Disclosure. Each Party may use and disclose Confidential Information of the other Party as follows: (ai) under appropriate confidentiality provisions substantially equivalent to those in this Agreement Agreement, in connection with the performance of its obligations or exercise of rights granted or reserved to such Party in this Agreement; , (bii) to the extent such disclosure is reasonably necessary for the Prosecution in filing for, prosecuting, maintaining or enforcing Patents, copyrights and Maintenance of Patents trademarks (including applications therefor) in accordance with Section 9.3this Agreement, complying with the terms of agreements with Third Parties, prosecuting or defending litigation, complying with applicable governmental regulations, filing for and for, conducting preclinical pre-clinical studies or clinical trials, obtaining and maintaining Regulatory Approvals regulatory approvals (including Marketing Approvals), marketing Collaboration Products, or otherwise required by applicable Law, provided, however, that if a Party is required by Law to make any such disclosure of the other Party’s Confidential Information it will, except where impracticable for Products; necessary disclosures (ce.g., in the event of medical emergency), give reasonable advance notice to the other Party of such disclosure requirement and, except to the extent inappropriate in the case of patent applications, will use its reasonable efforts to secure confidential treatment of such Confidential Information required to be disclosed, (iii) in communication with existing and potential acquirers, investors, strategic partners, licensees, distributors, consultants, consultants and advisors (including financial advisors, lawyers and accountants) and others on a need to know basis, in each case, case under appropriate confidentiality provisions substantially equivalent to those of this Agreement; , (div) for with respect to the purposes Confidential Information of the performance NovaBay, by Galderma to L’Oréal S.A. and Nestlé S.A. consistent with Galderma’s past practice of this Agreement disclosure of proprietary information of Third Parties and exercising any rights provided that Galderma shall use its reasonable efforts to secure confidential treatment of a Party pursuant to this Agreement and in connection with the grant of any license pursuant to Article 7 of this Agreement; such Confidential Information so disclosed, or (ev) to the extent mutually agreed to by the Parties. Notwithstanding the foregoing, and without limiting Section 9.1.4, to the extent any Verily Retained Know-How is Confidential Information, (i) such Verily Retained Know-How shall not be used by Verily or its Affiliates in the [***] except Confidential treatment requested pursuant to perform a request for confidential treatment filed with the activities contemplated in Securities and Exchange Commission. Omitted portions have been filed separately with the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party in the [***] any such Verily Retained Know-How without DexCom’s prior written consent except where such disclosure is for purposes of performing activities under this Agreement, and (iii) without limiting the foregoing, any disclosure of Verily Retained Know-How to any Third Party shall be under a use restriction limiting such use of such Verily Retained Know-How to be outside of [***]. In addition, to the extent any Know-How is assigned to DexCom under this Agreement, such Know-How shall be protected as DexCom’s Confidential Information under this Article 7. Furthermore, during the Term, to the extent any proprietary, non-public Know-How is included in Joint Collaboration IP (“Joint Collaboration Know-How”), then (i) such Joint Collaboration Know-How shall not be used by Verily or its Affiliates in [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party for use in [***] any such Joint Collaboration Know-How without DexCom’s prior written consent, and (iii) without limiting the foregoing, any disclosure of Joint Collaboration Know-How to any Third Party shall be under a use restriction limiting such use of such Joint Collaboration Know-How to be outside of [***]Commission.

Authorized Use and Disclosure. Each Party may use and disclose Except as expressly provided otherwise in this Agreement or on receiving the prior written consent of the other Party, each Party: 16.2.1. must keep the Confidential Information of the other Party confidential; 16.2.2. must not use any Confidential Information of the other Party except as reasonably necessary in carrying out its obligations, or exercising its rights, under this Agreement (“Permitted Purpose”); 16.2.3. may only disclose any Confidential Information of the other Party in accordance with the terms of applicable […***…] and as follows: : (ai) under appropriate confidentiality provisions substantially equivalent to those in this Agreement in connection its Affiliates, directors, employees, permitted sub-licensees, consultants and advisors (and the directors, employees, consultants and advisors of its Affiliates) (Representatives) to the extent necessary for the Permitted Purpose provided that the Party must ensure that any such Representative complies with the performance obligations of its obligations or exercise of rights granted to such Party confidence and non-use set out in this Agreement; ; (bii) the terms of this Agreement may be disclosed to its legal and financial advisors, who must be bound by similar obligations of confidentiality as contained in this Agreement; (iii) ASLAN may disclose CSL’s Confidential Information to Third Parties for the purposes of the Licensing Program on a need to know basis, and who must be bound by similar obligations of confidentiality as contained in this Agreement; (iv) with CSL’s prior written consent (not to be unreasonably withheld), ASLAN may disclose CSL’s Confidential Information to potential investors, or acquirers, on a need to know basis, and who must be bound by similar obligations of confidentiality as contained in this Agreement; (v) ASLAN may disclose CSL IP to the extent such disclosure is reasonably necessary for the Prosecution in filing or prosecuting patent, copyright and Maintenance of Patents (including applications therefor) in accordance with Section 9.3trademark applications, prosecuting or defending litigation, filing for and complying with applicable governmental regulations, conducting preclinical or clinical trials, obtaining and maintaining Regulatory Approvals for Products; (c) in communication with existing and potential acquirers, investors, strategic partners, licensees, distributors, consultants, advisors (including financial advisors, lawyers and accountants) and others on a need to know basis, in each case, under appropriate confidentiality provisions substantially equivalent to those of this Agreement; (d) for the purposes ; 16.2.4. either Party may disclose Confidential Information of the performance of this Agreement and exercising any rights of a other Party pursuant to this Agreement and in connection with the grant of any license pursuant to Article 7 of this Agreement; or (e) to the extent mutually agreed necessary to comply with any applicable law, regulation or rules of any stock exchange, provided, however, that if a Party is required by the Parties. Notwithstanding the foregoing, and without limiting Section 9.1.4, law or regulation to the extent any Verily Retained Know-How is Confidential Information, (i) such Verily Retained Know-How shall not be used by Verily or its Affiliates in the [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party in the [***] make any such Verily Retained Know-How without DexCom’s prior written consent except where such disclosure is for purposes of performing activities under this Agreement, and (iii) without limiting the foregoing, any disclosure of Verily Retained Know-How to any Third Party shall be under a use restriction limiting such use of such Verily Retained Know-How to be outside of [***]. In addition, to the extent any Know-How is assigned to DexCom under this Agreement, such Know-How shall be protected as DexComother Party’s Confidential Information under this Article 7. Furthermoreit will, during the Termexcept where impracticable for necessary disclosures, give reasonable advance notice to the other Party of such disclosure requirement and will use its reasonable efforts to avoid or minimise the extent any proprietary, nonof the disclosure and co-public Know-How is included in Joint Collaboration IP (“Joint Collaboration Know-How”), then (i) such Joint Collaboration Know-How shall not be used by Verily or its Affiliates in [***] except operate with the other Party to perform preserve the activities contemplated in confidentiality of the Agreement, (ii) Verily and its Affiliates shall not information being disclosed; or 16.2.5. CSL may disclose Confidential Information as required to any comply with the CSL Third Party for use in [***] any such Joint Collaboration Know-How without DexCom’s prior written consent, and (iii) without limiting the foregoing, any disclosure of Joint Collaboration Know-How to any Third Party shall be under a use restriction limiting such use of such Joint Collaboration Know-How to be outside of [***]Technology Agreements.

Authorized Use and Disclosure. Each Without limiting Durect’s rights under Section 4.2.4, each Party may use and disclose Confidential Information of the other Party as follows: (ai) under appropriate confidentiality provisions substantially equivalent to those in this Agreement in connection with the performance of its obligations or exercise of rights granted to such Party in this Agreement; (bii) to the extent such disclosure is reasonably necessary for the Prosecution and Maintenance of Patents (including applications therefor) in accordance with Section 9.3this Agreement but with prior written consent of the disclosing Party, which consent shall not be unreasonably withheld, conditioned or delayed, complying with the terms of agreements with Third Parties, prosecuting or defending litigation, complying with applicable governmental regulations, (iii) filing for and for, conducting preclinical or clinical trials, obtaining and maintaining Regulatory Approvals regulatory approvals (including Marketing Approvals) for ProductsProduct(s) under this Agreement, or otherwise required by Applicable Law or the rules of a recognized stock exchange, provided, however, that if a Party is required by Law or stock exchange to make any such disclosure of the other Party’s Confidential Information it will, except where impracticable for necessary disclosures (for example, in the event of medical emergency), give reasonable advance notice to the other Party of such disclosure requirement and, except to the extent inappropriate in the case of patent applications, will use its reasonable efforts to secure confidential treatment of such Confidential Information required to be disclosed; (civ) in communication with existing and potential acquirersSublicensees, Third Party Suppliers, Third Party Contractors, investors, strategic partners, licensees, distributorsacquirers, consultants, advisors (including financial advisors, lawyers and accountants) and others on a need to know basis, in each case, case under appropriate confidentiality provisions and a written agreement substantially equivalent to those of this Agreement; (d) for the purposes of the performance of this Agreement and exercising any rights of a Party pursuant to this Agreement and in connection with the grant of any license pursuant to Article 7 of this Agreement; or (ev) to the extent mutually agreed to by the PartiesParties in writing. Notwithstanding the foregoing, and without limiting Section 9.1.4either Party may disclose the other Party’s Confidential Information to a contract research organization (the “CRO”) to which such Party outsources any research and/or development of the Products permitted hereunder, to the extent any Verily Retained Know-How is Confidential Informationprovided, in each case, that (ia) such Verily Retained Know-How shall not be used by Verily or its Affiliates in the [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party in the [***] any such Verily Retained KnowCRO agrees to be bound by terms of confidentiality and non-How without DexCom’s prior written consent except where use comparable in scope to those set forth in this Article 8 for a reasonable period of time, [* * *], and such disclosure is Party shall be responsible for purposes the acts and omissions of performing activities under this Agreementsuch CRO with respect thereto, and (iiib) without limiting the foregoing, any disclosure of Verily Retained Know-How to any Third such Party shall be under a use restriction limiting will only disclose such use of such Verily Retained Know-How to be outside of [***]. In addition, to the extent any Know-How is assigned to DexCom under this Agreement, such Know-How shall be protected as DexCom’s Confidential Information under this Article 7. Furthermore, during to CRO as is reasonably necessary for CRO to conduct such research and/or development of the Term, to the extent any proprietary, non-public Know-How is included in Joint Collaboration IP (“Joint Collaboration Know-How”), then (i) such Joint Collaboration Know-How shall not be used by Verily or its Affiliates in [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party for use in [***] any such Joint Collaboration Know-How without DexCom’s prior written consent, and (iii) without limiting the foregoing, any disclosure of Joint Collaboration Know-How to any Third Party shall be under a use restriction limiting such use of such Joint Collaboration Know-How to be outside of [***]Products.

Authorized Use and Disclosure. Each Party may use and disclose Except as expressly provided otherwise in this Agreement or on receiving the prior written consent of the other Party, each Party: 15.2.1 must keep the Confidential Information of the other Party confidential; 15.2.2 must not use any Confidential Information of the other Party except as reasonably necessary in carrying out its obligations, or exercising its rights, under this Agreement (“Permitted Purpose”); 15.2.3 may only disclose any Confidential Information of the other Party in accordance with the terms of applicable […***…] and as follows: : (ai) under appropriate confidentiality provisions substantially equivalent to those in this Agreement in connection its Affiliates, directors, employees, permitted sub- licensees, consultants and advisors (and the directors, employees, consultants and advisors of its Affiliates) (Representatives) to the extent necessary for the Permitted Purpose provided that the Party must ensure that any such Representative complies with the performance obligations of its obligations or exercise of rights granted to such Party confidence and non-use set out in this Agreement; (bii) the terms of this Agreement may be disclosed to its legal and financial advisors, who must be bound by similar obligations of confidentiality as contained in this Agreement; (iii) ASLAN may disclose CSL’s Confidential Information to Third Parties for the purposes of Sub-licensing on a need to know basis, and who must be bound by similar obligations of confidentiality as contained in this Agreement, provided, however, that in relation to any confidentiality obligations which relate solely to information not subject to obligations of confidence under a CSL Third Party Technology Agreement, ASLAN may 37 Deed of Amendment and Restatement agree for the duration of such obligations to be less than the duration specified in the first sentence of Section 15.3, provided further that such duration must in all cases be at least […***…] from the date of disclosure of the relevant information by ASLAN; (iv) with CSL’s prior written consent (not to be unreasonably withheld), ASLAN may disclose CSL’s Confidential Information to potential investors, or acquirers, on a need to know basis, and who must be bound by similar obligations of confidentiality as contained in this Agreement; (v) ASLAN may disclose CSL IP to the extent such disclosure is reasonably necessary for the Prosecution in filing or prosecuting patent, copyright and Maintenance of Patents (including applications therefor) in accordance with Section 9.3trademark applications, prosecuting or defending litigation, filing for and complying with applicable governmental regulations, conducting preclinical or clinical trials, obtaining and maintaining Regulatory Approvals for Products; (c) in communication with existing and potential acquirers, investors, strategic partners, licensees, distributors, consultants, advisors (including financial advisors, lawyers and accountants) and others on a need to know basis, in each case, under appropriate confidentiality provisions substantially equivalent to those of this Agreement; (d) for the purposes ; 15.2.4 either Party may disclose Confidential Information of the performance of this Agreement and exercising any rights of a other Party pursuant to this Agreement and in connection with the grant of any license pursuant to Article 7 of this Agreement; or (e) to the extent mutually agreed necessary to comply with any applicable law, regulation or rules of any stock exchange, provided, however, that if a Party is required by the Parties. Notwithstanding the foregoing, and without limiting Section 9.1.4, law or regulation to the extent any Verily Retained Know-How is Confidential Information, (i) such Verily Retained Know-How shall not be used by Verily or its Affiliates in the [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party in the [***] make any such Verily Retained Know-How without DexCom’s prior written consent except where such disclosure is for purposes of performing activities under this Agreement, and (iii) without limiting the foregoing, any disclosure of Verily Retained Know-How to any Third Party shall be under a use restriction limiting such use of such Verily Retained Know-How to be outside of [***]. In addition, to the extent any Know-How is assigned to DexCom under this Agreement, such Know-How shall be protected as DexComother Party’s Confidential Information under this Article 7. Furthermoreit will, during the Termexcept where impracticable for necessary disclosures, give reasonable advance notice to the other Party of such disclosure requirement and will use its reasonable efforts to avoid or minimise the extent any proprietary, nonof the disclosure and co-public Know-How is included in Joint Collaboration IP (“Joint Collaboration Know-How”), then (i) such Joint Collaboration Know-How shall not be used by Verily or its Affiliates in [***] except operate with the other Party to perform preserve the activities contemplated in confidentiality of the Agreement, (ii) Verily and its Affiliates shall not information being disclosed; or 15.2.5 CSL may disclose Confidential Information as required to any comply with the CSL Third Party for use in [***] any such Joint Collaboration Know-How without DexCom’s prior written consent, and (iii) without limiting the foregoing, any disclosure of Joint Collaboration Know-How to any Third Party shall be under a use restriction limiting such use of such Joint Collaboration Know-How to be outside of [***]Technology Agreements.

Authorized Use and Disclosure. The Receiving Party shall receive, maintain, and hold the Confidential Information in strict confidence; and exercise the same degree of care as it shall exercises to safeguard its own information but in no event less than reasonable care. Each Party may use and disclose Confidential Information of the other Party as follows: : (a) under appropriate confidentiality provisions substantially equivalent to those in this Agreement Agreement, in connection with the performance of its obligations or exercise of rights granted to such Party in this Agreement; however, the Receiving Party will be responsible for any disclosure or use of Confidential Information of the Disclosing Party made by any person to whom the Receiving Party disclosed such Confidential Information as though such disclosure or use was conducted by the Receiving Party; and (b) to the extent such disclosure is reasonably necessary for the Prosecution in prosecuting and Maintenance of maintaining Patents (including applications therefor) in accordance with Section 9.3this Agreement, prosecuting or defending litigation, filing for and complying with applicable governmental regulations, conducting preclinical Development or clinical trialsCommercialization hereunder, obtaining and maintaining Regulatory Approvals for ProductsMarketing Authorizations, or otherwise required by law applicable to such Party or a Party’s disclosure under regulations promulgated by applicable security exchanges; (c) in communication with existing and provided however, that if a Party is required by applicable law or under security exchange rules it will, except where prohibited by applicable law or impracticable, give reasonable advance notice to other Party of such disclosure requirement and, where practicable, will use its reasonable efforts to secure confidential treatment of such Confidential Information required to be disclosed. Either Party may disclose to bona fide potential acquirers, investors, strategic partnerslenders and acquirors/acquirees, licensees, distributors, consultants, advisors (including financial and to such Party’s consultants and advisors, lawyers the existence and accountants) and others on terms of this Agreement to the extent necessary in connection with a need proposed equity or debt financing of such Party, or a proposed acquisition or business combination, or to know basisbona fide potential sublicensees, so long as such recipients are bound in each case, under appropriate writing to maintain the confidentiality provisions substantially equivalent to those of such information in accordance with the terms of this Agreement; (d) for the purposes of the performance of this Agreement and exercising any rights of a Party pursuant to this Agreement and in connection with the grant of any license pursuant to Article 7 of this Agreement; or (e) to the extent mutually agreed to by the Parties. Notwithstanding the foregoingforgoing, and without limiting Section 9.1.4, Licensor may disclose any Licensee Confidential Information to the extent any Verily Retained KnowCNRS as co-How is Confidential Informationowner of the Licensed Patents, (i) such Verily Retained Know-How shall not be used by Verily or its Affiliates in the [***] except subject to perform the activities contemplated in the Agreement, (ii) Verily obligations of confidentiality and its Affiliates shall not disclose to any Third Party in the [***] any such Verily Retained Know-How without DexCom’s prior written consent except where such disclosure is for purposes of performing activities under this Agreement, and (iii) without limiting the foregoing, any disclosure of Verily Retained Know-How to any Third Party shall be under a use restriction limiting such use of such Verily Retained Know-How to be outside of [***]. In addition, to the extent any Know-How is assigned to DexCom under this Agreement, such Know-How shall be protected as DexCom’s Confidential Information under this Article 7. Furthermore, during the Term, to the extent any proprietary, non-public Know-How is included use at least as restrictive as those set forth in Joint Collaboration IP (“Joint Collaboration Know-How”), then (i) such Joint Collaboration Know-How shall not be used by Verily or its Affiliates in [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party for use in [***] any such Joint Collaboration Know-How without DexCom’s prior written consent, and (iii) without limiting the foregoing, any disclosure of Joint Collaboration Know-How to any Third Party shall be under a use restriction limiting such use of such Joint Collaboration Know-How to be outside of [***]this Section 7.

Authorized Use and Disclosure. Each Party may use and disclose Confidential Information of the other Party as follows: (ai) under appropriate confidentiality provisions substantially equivalent to those in this Agreement in connection with the performance of its obligations or exercise of rights granted to such Party in this Agreement; (bii) to the extent such disclosure is reasonably necessary for any of the following: (a) the Prosecution and Maintenance of Patents (including applications therefor) in accordance with Section 9.3this Agreement, (b) complying with the terms of agreements with Third Parties pursuant to which it Controls Licensed Technology, (c) prosecuting or defending litigation, filing for and (d) complying with applicable governmental regulations, (e) conducting preclinical or clinical trials, filing for, obtaining and maintaining Regulatory Approvals regulatory approvals (including Marketing Approvals), or (f) otherwise required by Applicable Laws or the rules of a recognized stock exchange, provided, however, that if a Party is required by Applicable Laws or stock exchange to make any such disclosure of the other Confidential treatment has been sought for Productsportions of this Agreement. The copy filed herewith omits the information subject to the confidential treatment request. Omissions are designated as * * *. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. Party’s Confidential Information it will, except where impracticable for necessary disclosures (for example, in the event of medical emergency), give reasonable advance notice to the other Party of such disclosure requirement and will use its reasonable efforts to secure confidential treatment of such Confidential Information required to be disclosed; (ciii) in communication with existing and potential investors, acquirers, investors, strategic partners, licensees, distributorslenders, consultants, advisors (including financial advisors, lawyers and accountants) and, in the case of Impax, potential and others actual licensees, collaborators or service providers on a need to know basis, in each case, case under appropriate confidentiality provisions substantially equivalent to those of this Agreement; (d) for the purposes of the performance of this Agreement and exercising any rights of a Party pursuant to this Agreement and in connection with the grant of any license pursuant to Article 7 of this Agreement; or (eiv) to the extent mutually agreed to by the Parties. Notwithstanding the foregoing, and without limiting Section 9.1.4, to the extent any Verily Retained Know-How is Confidential Information, (i) such Verily Retained Know-How shall not be used by Verily or its Affiliates in the [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party in the [***] any such Verily Retained Know-How without DexCom’s prior written consent except where such disclosure is for purposes of performing activities under this Agreement, and (iii) without limiting the foregoing, any disclosure of Verily Retained Know-How to any Third Party shall be under a use restriction limiting such use of such Verily Retained Know-How to be outside of [***]. In addition, to the extent any Know-How is assigned to DexCom under this Agreement, such Know-How shall be protected as DexCom’s Confidential Information under this Article 7. Furthermore, during the Term, to the extent any proprietary, non-public Know-How is included in Joint Collaboration IP (“Joint Collaboration Know-How”), then (i) such Joint Collaboration Know-How shall not be used by Verily or its Affiliates in [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party for use in [***] any such Joint Collaboration Know-How without DexCom’s prior written consent, and (iii) without limiting the foregoing, any disclosure of Joint Collaboration Know-How to any Third Party shall be under a use restriction limiting such use of such Joint Collaboration Know-How to be outside of [***].

Authorized Use and Disclosure. Each Notwithstanding the obligations set forth in Section 8.2, the Receiving Party may use and disclose the Confidential Information of the other Disclosing Party as follows: (a) under appropriate confidentiality provisions substantially equivalent to those in this Agreement in connection with the performance of its obligations or exercise of rights granted to such Party in this Agreement; (b) to the extent such disclosure is reasonably necessary for in the following situations: (i) the Prosecution and Maintenance of Patents Patents, as contemplated by this Agreement, provided that in connection with such authorized disclosure the applicable disclosing Party shall provide reasonable advance notice and an opportunity for the other Party to comment on or object to such disclosure; provided further that in no event shall Gilead have the right to disclose any Confidential Information relating to the Merus Platform Technology, Merus Platform Improvements or Merus’s Background IP without Merus’s prior written consent and in no event shall Merus have the right to disclose any Confidential Information relating to Gilead Background IP, Gilead Sole Program Patents, or Gilead IP Improvements without Gilead’s prior written consent; or (ii) regulatory filings and other filings with Governmental Authorities (including applications therefor) 301144389 v2 Regulatory Authorities), solely to the extent necessary for the Exploitation of the Program Candidates, Candidates, and Products in accordance with Section 9.3the terms of this Agreement; (b) disclosure of this Agreement, prosecuting its terms, the status and results of Exploitation of the Program Candidates and Products, and other Confidential Information relating to the Candidates or defending litigationProducts and Derivatives thereof (excluding any Confidential Information relating to the Merus Platform Technology or Merus Platform Improvements), filing for and conducting preclinical to actual or clinical trials, obtaining and maintaining Regulatory Approvals for Products; bona fide potential (ci) in communication with existing and potential acquirersdevelopment collaborators, investors, strategic partners, licensees, distributors, consultants, advisors (including financial advisors, lawyers and accountants) and others on a need to know basis, in each case, under appropriate confidentiality provisions substantially equivalent to those of this Agreement; (d) for the purposes of the performance of this Agreement and exercising any rights of a Party pursuant to this Agreement and licensees or Sublicensees in connection with the grant research, Development, manufacture, or Commercialization of Candidates or Products or any license pursuant to Article 7 Derivatives thereof; (ii) actual or potential collaborators, investors, licensees or sublicensees in connection with the research, Development, manufacture, or Commercialization of this Agreementproducts other than Products; or (eiii) investors, financiers or acquirers in connection with acquisition of equity of the Receiving Party, acquirors, lenders, and royalty factoring partners, and their respective attorneys, accountants, banks, investors, and advisors, solely for the purpose of evaluating or carrying out an actual or potential investment, financing, acquisition, debt or royalty factoring transaction; provided that in each case (i) – (iii), any such Persons are bound by obligations of confidentiality and non-use at least as stringent as those set forth in this Article 8 or otherwise customary for such type and scope of disclosure, and that any such disclosure is limited to the maximum extent practicable for the particular context in which it is being disclosed; and provided, further, that in the event of any proposed disclosure to an investor pursuant to this Section 8.4(b), the Receiving Party shall provide advance written notice to the Disclosing Party and provide the Disclosing Party a reasonable opportunity to review and comment on the proposed disclosure, which comments the Receiving Party shall consider in good faith; (c) such disclosure is required to comply with Applicable Law (whether generally or in pursuit of an application for listing of securities, including those regulations promulgated by the United States Securities and Exchange Commission) or otherwise required by judicial or administrative process; provided that, in each such event, as promptly as reasonably practicable and to the extent mutually agreed to not prohibited by the Parties. Notwithstanding the foregoingApplicable Law or judicial or administrative process, and without limiting Section 9.1.4, to the extent any Verily Retained Know-How is Confidential Information, such Receiving Party will (i) notify the Disclosing Party of such Verily Retained Know-How shall not be used by Verily or its Affiliates in the [***] except to perform the activities contemplated in the Agreement, required disclosure; (ii) Verily and its Affiliates shall not disclose take reasonable steps, including seeking confidential treatment or a protective order, to any Third Party in maintain the [***] any continued confidential treatment of such Verily Retained Know-How without DexCom’s prior written consent except where such disclosure is for purposes of performing activities under this Agreement, Confidential Information; and (iii) without limiting only disclose that portion of Confidential Information that is legally required to be disclosed. Any Confidential Information that is disclosed in order to comply with Applicable Law or by judicial or administrative process pursuant to this Section 8.4(c) will remain otherwise subject to the foregoing, confidentiality and non-use provisions of this Article 8 with respect to such Receiving Party disclosing such Confidential Information; (d) in the case of any disclosure of Verily Retained Know-How the terms of this Agreement to any Third Party actual or potential acquirer, or prospective investment bankers, investors, lenders or other financial partners, such disclosure shall solely be under a use restriction limiting such use in the form of such Verily Retained Know-How to be outside the redacted version of [***]. In addition, to the extent any Know-How is assigned to DexCom under this Agreement, such Know-How which version shall be protected as DexCom’s Confidential Information under agreed upon by the Parties in good faith; it being understood and agreed that such Party may provide an unredacted version of this Article 7. Furthermore, during the Term, Agreement to such Third Party after negotiations with any such Third Party have progressed to the extent any proprietary, non-public Know-How point of progressing drafts of definitive agreements (i.e. beyond the term sheet stage) so that such Party reasonably and in good faith believes that the transaction is included likely to continue to progress toward a completed transaction; or 301144389 v2 (e) disclosure pursuant to Section 8.6 (in Joint Collaboration IP (“Joint Collaboration Know-How”), then (iaccordance with the process set forth therein) such Joint Collaboration Know-How shall not be used by Verily or its Affiliates in [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party for use in [***] any such Joint Collaboration Know-How without DexCom’s prior written consent, and (iii) without limiting the foregoing, any disclosure of Joint Collaboration Know-How to any Third Party shall be under a use restriction limiting such use of such Joint Collaboration Know-How to be outside of [***]Section 8.7.

Authorized Use and Disclosure. Each Party may use and disclose Confidential Information of the other Party to the extent that such use and disclosure is: 10.4.1 made in response to a valid order of a court of competent jurisdiction or other governmental or regulatory body of competent jurisdiction; provided, however, that such Party will first have given notice to such other Party and given such other Party a reasonable opportunity to quash such order and to obtain a protective order requiring that the Confidential Information and documents that are the subject of such order be held in confidence by such court or governmental or regulatory body or, if disclosed, be used only for the purposes for which the order was issued; and provided, further, that if a disclosure order is not quashed or a protective order is not obtained, the Confidential Information disclosed in response to such court or governmental order will be limited to that information which is legally required to be disclosed in response to such court or governmental order; 10.4.2 otherwise required by applicable laws, regulations or the rules of any nationally recognized security exchange; provided, however, that the Disclosing Party will provide such other Party with notice of such disclosure in advance thereof to the extent practicable; 10.4.3 made by such Party to the regulatory authorities as follows: (a) under appropriate confidentiality provisions substantially equivalent required in connection with any filing of INDs, BLAs, marketing approval applications, or similar applications or requests for regulatory approvals; provided, however, that reasonable measures will be taken to those in this Agreement assure confidential treatment of such information; 10.4.4 made by such Party, in connection with the performance of its obligations this Agreement or exercise a grant to a Third Party of rights granted to such Party in this Agreement; (b) a license or right hereunder to the extent such disclosure is reasonably necessary for the Prosecution and Maintenance of Patents (including applications therefor) in accordance with Section 9.3expressly permitted by this Agreement, prosecuting or defending litigationon a need-to-know basis to Affiliates, filing for and conducting preclinical or clinical trialsresearch parties, obtaining and maintaining Regulatory Approvals for Products; (c) in communication with existing and potential acquirersemployees, investors, strategic partnersconsultants, licensees, distributorsrepresentatives or agents, consultants, advisors (including financial advisors, lawyers each of whom prior to disclosure must be bound by obligations of confidentiality and accountants) and others on a need to know basis, non-use at least equivalent in each case, under appropriate confidentiality provisions substantially equivalent scope to those of set forth in this AgreementSection 10; (d) for *** Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the purposes Securities and Exchange Commission pursuant to Rule 24b-2 of the performance Securities Exchange Act of 1934, as amended. 10.4.5 made by such Party to existing or potential acquirers or merger candidates, investment bankers or existing or potential investors, including venture capital firms or other financial institutions, each of whom prior to disclosure must be bound by obligations of confidentiality and non-use at least equivalent in scope to those set forth in this Agreement and exercising any rights of Section 10; or 10.4.6 made in a Party pursuant to this Agreement and in connection with the grant of any license pursuant to Article 7 of this Agreement; or (e) to the extent mutually agreed to by the Parties. Notwithstanding the foregoing, and without limiting Section 9.1.4, to the extent any Verily Retained Know-How is Confidential Information, (i) such Verily Retained Know-How shall not be used by Verily or its Affiliates in the [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party in the [***] any such Verily Retained Know-How without DexCom’s prior written consent except where such disclosure is for purposes of performing activities under this Agreement, and (iii) without limiting the foregoing, any disclosure of Verily Retained Know-How to any Third Party shall be under a use restriction limiting such use of such Verily Retained Know-How patent application expressly permitted to be outside of [***]. In addition, to the extent any Know-How is assigned to DexCom filed under this Agreement, such Know-How shall be protected as DexCom’s Confidential Information under this Article 7. Furthermore, during the Term, to the extent any proprietary, non-public Know-How is included in Joint Collaboration IP (“Joint Collaboration Know-How”), then (i) such Joint Collaboration Know-How shall not be used by Verily or its Affiliates in [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party for use in [***] any such Joint Collaboration Know-How without DexCom’s prior written consent, and (iii) without limiting the foregoing, any disclosure of Joint Collaboration Know-How to any Third Party shall be under a use restriction limiting such use of such Joint Collaboration Know-How to be outside of [***]Section 6.

Authorized Use and Disclosure. Each Except as expressly provided otherwise in this Agreement or on receiving the prior written consent of the other Party, each Party: 10.2.1 must keep the Confidential Information of the other Party confidential; 10.2.2 must not use any Confidential Information of the other Party except as reasonably necessary in carrying out its obligations, or exercising its rights, under this Agreement (“Permitted Purpose”); 10.2.3 may use and only disclose any Confidential Information of the other Party as follows: : (ai) under appropriate confidentiality provisions substantially equivalent to those in this Agreement in connection its Affiliates, directors, employees, permitted sub- licensees, consultants and advisors (and the directors, employees, consultants and advisors of its Affiliates) (“Representatives”) to the extent necessary for the Permitted Purpose provided that the Party must ensure that any such Representative complies with the performance obligations of its obligations or exercise of rights granted to such Party confidence and non-use set out in this Agreement; ; (bii) the terms of this Agreement may be disclosed to its legal and financial advisors, who must be bound by similar obligations of confidentiality as contained in this Agreement; (iii) if required to be disclosed to a competent authority in accordance with applicable laws, regulations or stock exchange rules (as applicable), in which case the disclosing Party shall promptly notify the other Party of such disclosure requirement to enable the other Party to seek a protective order or other form of confidential treatment for the Confidential Information, and shall thereafter disclose only that portion of the Confidential Information which is required to be disclosed in order to comply; (iv) with ASLAN’s prior written consent (not to be unreasonably withheld), BIOGENETICS may disclose ASLAN’s Confidential Information to potential investors, or acquirers, on a need to know basis, and who must be bound by similar obligations of confidentiality as contained in this Agreement; (v) BIOGENETICS may disclose IP of ASLAN to the extent such disclosure is reasonably necessary for the Prosecution and Maintenance of Patents (including applications therefor) in accordance with Section 9.3, prosecuting or defending litigation,, filing for and or conducting preclinical or clinical trials, obtaining and maintaining Regulatory Approvals for Products; (c) in communication with existing and potential acquirers, investors, strategic partners, licensees, distributors, consultants, advisors (including financial advisors, lawyers and accountants) and others on a need to know basis, in each case, under appropriate confidentiality provisions substantially equivalent to those of this Agreement; (d) for the purposes of the performance of this Agreement and exercising any rights of a Party pursuant to this Agreement and in connection with the grant of any license pursuant to Article 7 of this Agreement; or (e) to the extent mutually agreed to by the Parties. Notwithstanding the foregoing, and without limiting Section 9.1.4, to the extent any Verily Retained Know-How is Confidential Information, (i) such Verily Retained Know-How shall not be used by Verily or its Affiliates in the [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party in the [***] any such Verily Retained Know-How without DexCom’s prior written consent except where such disclosure is for purposes of performing activities under this Agreement, and (iii) without limiting the foregoing, any disclosure of Verily Retained Know-How to any Third Party shall be under a use restriction limiting such use of such Verily Retained Know-How to be outside of [***]. In addition, to the extent any Know-How is assigned to DexCom under this Agreement, such Know-How shall be protected as DexCom’s Confidential Information under this Article 7. Furthermore, during the Term, to the extent any proprietary, non-public Know-How is included in Joint Collaboration IP (“Joint Collaboration Know-How”), then (i) such Joint Collaboration Know-How shall not be used by Verily or its Affiliates in [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party for use in [***] any such Joint Collaboration Know-How without DexCom’s prior written consent, and (iii) without limiting the foregoing, any disclosure of Joint Collaboration Know-How to any Third Party shall be under a use restriction limiting such use of such Joint Collaboration Know-How to be outside of [***].

Authorized Use and Disclosure. Each Party may use and disclose shall maintain the Confidential Information of the other Party as follows: (a) in confidence and may use Confidential Information of the other Party only in performance of its obligations under appropriate confidentiality provisions substantially equivalent to those in this Agreement and the Supply Agreement. Each Party may disclose such Confidential Information to its employees, Affiliates, sublicensees, agents, consultants or other Third Parties who need to know such Confidential Information in connection with the performance of such Party's obligations under this Agreement and the Supply Agreement and who are under a written obligation of confidentiality and non-use at least substantially equivalent to the obligations of this Article 8. Each Party shall be liable for any unauthorized use or disclosure of Confidential Information by its obligations ** CONFIDENTIAL TREATMENT REQUESTED employees, Affiliates, sublicensees, agents, consultants or exercise other Third Parties to which it has disclosed or transferred such Confidential Information. Without limiting the generality of rights granted to such the foregoing paragraph, a Party in this Agreement; (b) may disclose information to the extent that such disclosure is reasonably necessary for in connection with: (I) filing or prosecuting patent applications, subject to the Prosecution and Maintenance terms of Patents Section 8.4; (including applications thereforII) in accordance with Section 9.3, prosecuting or defending litigation, filing for and ; (III) conducting preclinical pre-clinical studies or clinical trials, obtaining and maintaining Clinical Studies according to a Development Plan or Post Marketing Clinical Trials according to a Commercialization Plan; (IV) seeking Regulatory Approvals for Products; (c) in communication with existing and potential acquirers, investors, strategic partners, licensees, distributors, consultants, advisors (including financial advisors, lawyers and accountants) and others on a need to know basis, in each case, under appropriate confidentiality provisions substantially equivalent to those of this Agreement; (d) for the purposes of the performance of this Agreement and exercising any rights Approval of a Party Product, including Regulatory Approval of a manufacturing facility for a Product; (V) seeking pricing approvals from private or governmental payors; (VI) complying with Laws, including securities Laws and the rules of any securities exchange or market on which a Party's securities are listed or traded; (VII) providing information to Alkermes' collaborators in the ROW Territory pursuant to this Agreement and Section 3.4.2(iv) or (VIII) complying with subpoenas or governmental requests for information. In making any disclosures set forth in connection with clauses (i) through (viii) above, the grant disclosing Party shall, except where impracticable for necessary disclosures (as in the event of any license pursuant medical emergency), give such advance notice to Article 7 the other Party of this Agreement; or (e) such disclosure requirement as is reasonable under the circumstances and, except to the extent mutually agreed to by the Parties. Notwithstanding the foregoing, and without limiting Section 9.1.4, to the extent any Verily Retained Know-How is Confidential Information, inappropriate (i) such Verily Retained Know-How shall not be used by Verily or its Affiliates as in the [***] except case of patent applications), will use its reasonable efforts to perform cooperate with the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third other Party in the [***] any such Verily Retained Know-How without DexCom’s prior written consent except where such disclosure is for purposes of performing activities under this Agreement, and (iii) without limiting the foregoing, any disclosure of Verily Retained Know-How order to any Third Party shall be under a use restriction limiting such use secure confidential treatment of such Verily Retained Know-How Confidential Information required to be outside of [***]. In addition, to the extent any Know-How is assigned to DexCom under this Agreement, such Know-How shall be protected as DexCom’s Confidential Information under this Article 7. Furthermore, during the Term, to the extent any proprietary, non-public Know-How is included in Joint Collaboration IP (“Joint Collaboration Know-How”), then (i) such Joint Collaboration Know-How shall not be used by Verily or its Affiliates in [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party for use in [***] any such Joint Collaboration Know-How without DexCom’s prior written consent, and (iii) without limiting the foregoing, any disclosure of Joint Collaboration Know-How to any Third Party shall be under a use restriction limiting such use of such Joint Collaboration Know-How to be outside of [***]disclosed.

Authorized Use and Disclosure. Each Party will maintain the Confidential Information of the other Party in confidence and may use the Confidential Information of the other Party only in performance of its obligations under this Agreement and any Supply Agreement. Each Party may disclose such Confidential Information to its employees, Affiliates, sublicensees, agents, consultants or other Third Parties who need to know such Confidential Information in connection with the performance of such Party’s obligations under this Agreement or any Supply Agreement and who are bound by obligations of confidentiality and non-use and at least substantially equivalent to the obligations of this Article 8. Each Party will be liable for any unauthorized use or disclosure of Confidential Information by its employees, Affiliates, sublicensees, agents, consultants or other Third Parties to which it has disclosed or transferred such Confidential Information. Without limiting the generality of the foregoing paragraph, a Party may disclose Confidential Information of the other Party as follows: (a) under appropriate confidentiality provisions substantially equivalent to those in this Agreement in connection with the performance of its obligations or exercise of rights granted to such Party in this Agreement; (b) to the extent that such disclosure is reasonably necessary for in connection with: 8.2.1. filing or prosecuting patent or trademark applications relating to the Prosecution and Maintenance of Patents (including applications therefor) in accordance with Section 9.3, Products; 8.2.2. prosecuting or defending litigation, filing for and conducting preclinical or clinical trials, obtaining and maintaining litigation relating to the Products; 8.2.3. Exploiting the Products; 8.2.4. seeking Regulatory Approvals for Products; (c) in communication with existing and potential acquirers, investors, strategic partners, licensees, distributors, consultants, advisors (including financial advisors, lawyers and accountants) and others on a need to know basis, in each case, under appropriate confidentiality provisions substantially equivalent to those of this Agreement; (d) for the purposes of the performance of this Agreement and exercising any rights Approval of a Party pursuant to this Agreement Product, including Regulatory Approval of a Manufacturing facility for a Product; 8.2.5. seeking reimbursement or pricing approvals for a Product from Governmental Authorities; 8.2.6. complying with Applicable Laws, including securities laws and in connection with the grant rules of any license pursuant securities exchange or market on which a Party’s or its Affiliates’ securities are listed or traded; or 8.2.7. complying with subpoenas or requests for information from Governmental Authorities. In making any disclosures set forth in Section 8.2.1 through Section 8.2.7 above, the disclosing Party will, except where impracticable for necessary disclosures (as in the event of medical emergency), give such advance notice to Article 7 the other Party of this Agreement; or (e) such disclosure requirement as is reasonable under the circumstances and, except to the extent mutually agreed inappropriate (as in the case of patent applications), use its reasonable efforts to by cooperate with the Parties. Notwithstanding the foregoingother Party in order to secure confidential treatment of such Confidential Information required to be disclosed, and without limiting Section 9.1.4, except to the extent that the disclosing Party receives advice from its legal counsel or independent registered public accounting firm that such information is required to be disclosed under Applicable Laws, including securities laws and the rules of any Verily Retained Know-How is Confidential Information, (i) such Verily Retained Know-How shall not be used by Verily securities exchange or market on which a Party’s or its Affiliates in the [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party in the [***] any such Verily Retained Know-How without DexCom’s prior written consent except where such disclosure is for purposes of performing activities under this Agreement, and (iii) without limiting the foregoing, any disclosure of Verily Retained Know-How to any Third Party shall be under a use restriction limiting such use of such Verily Retained Know-How to be outside of [***]. In addition, to the extent any Know-How is assigned to DexCom under this Agreement, such Know-How shall be protected as DexCom’s Confidential Information under this Article 7. Furthermore, during the Term, to the extent any proprietary, non-public Know-How is included in Joint Collaboration IP (“Joint Collaboration Know-How”), then (i) such Joint Collaboration Know-How shall not be used by Verily Affiliates’ securities are listed or its Affiliates in [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party for use in [***] any such Joint Collaboration Know-How without DexCom’s prior written consent, and (iii) without limiting the foregoing, any disclosure of Joint Collaboration Know-How to any Third Party shall be under a use restriction limiting such use of such Joint Collaboration Know-How to be outside of [***]traded.

Authorized Use and Disclosure. Each Except as expressly provided otherwise in this Agreement or on receiving the prior written consent of the other Party, each Party: 10.2.1 must keep the Confidential Information of the other Party confidential; 10.2.2 must not use any Confidential Information of the other Party except as reasonably necessary in carrying out its obligations, or exercising its rights, under this Agreement (“Permitted Purpose”); 10.2.3 may use and only disclose any Confidential Information of the other Party as follows: : (ai) under appropriate confidentiality provisions substantially equivalent to those in this Agreement in connection its Affiliates, directors, employees, permitted sub- licensees, consultants and advisors (and the directors, employees, consultants and advisors of its Affiliates) (“Representatives”) to the extent necessary for the Permitted Purpose provided that the Party must ensure that any such Representative complies with the performance obligations of its obligations or exercise of rights granted to such Party confidence and non-use set out in this Agreement; ; (bii) the terms of this Agreement may be disclosed to its legal and financial advisors, who must be bound by similar obligations of confidentiality as contained in this Agreement; (iii) if required to be disclosed to a competent authority in accordance with applicable laws, regulations or stock exchange rules (as applicable), in which case the disclosing Party shall promptly notify the other Party of such disclosure requirement to enable the other Party to seek a protective order or other form of confidential treatment for the Confidential Information, and shall thereafter disclose only that portion of the Confidential Information which is required to be disclosed in order to comply; (iv) with ASLAN’s prior written consent (not to be unreasonably withheld), BIOGENETICS may disclose ASLAN’s Confidential Information to potential investors, or acquirers, on a need to know basis, and who must be bound by similar obligations of confidentiality as contained in this Agreement; (v) BIOGENETICS may disclose IP of ASLAN to the extent such disclosure is reasonably necessary for the Prosecution and Maintenance of Patents (including applications therefor) in accordance with Section 9.3, prosecuting or defending litigation, filing for and or conducting preclinical or clinical trials, obtaining and maintaining Regulatory Approvals for Products; (c) in communication with existing and potential acquirers, investors, strategic partners, licensees, distributors, consultants, advisors (including financial advisors, lawyers and accountants) and others on a need to know basis, in each case, under appropriate confidentiality provisions substantially equivalent to those of this Agreement; (d) for the purposes of the performance of this Agreement and exercising any rights of a Party pursuant to this Agreement and in connection with the grant of any license pursuant to Article 7 of this Agreement; or (e) to the extent mutually agreed to by the Parties. Notwithstanding the foregoing, and without limiting Section 9.1.4, to the extent any Verily Retained Know-How is Confidential Information, (i) such Verily Retained Know-How shall not be used by Verily or its Affiliates in the [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party in the [***] any such Verily Retained Know-How without DexCom’s prior written consent except where such disclosure is for purposes of performing activities under this Agreement, and (iii) without limiting the foregoing, any disclosure of Verily Retained Know-How to any Third Party shall be under a use restriction limiting such use of such Verily Retained Know-How to be outside of [***]. In addition, to the extent any Know-How is assigned to DexCom under this Agreement, such Know-How shall be protected as DexCom’s Confidential Information under this Article 7. Furthermore, during the Term, to the extent any proprietary, non-public Know-How is included in Joint Collaboration IP (“Joint Collaboration Know-How”), then (i) such Joint Collaboration Know-How shall not be used by Verily or its Affiliates in [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party for use in [***] any such Joint Collaboration Know-How without DexCom’s prior written consent, and (iii) without limiting the foregoing, any disclosure of Joint Collaboration Know-How to any Third Party shall be under a use restriction limiting such use of such Joint Collaboration Know-How to be outside of [***].

Authorized Use and Disclosure. Each Party will maintain the Confidential Information of the other Party in confidence and may use the Confidential Information of the other Party only in performance of its obligations under this Agreement and the Manufacture and Supply Agreement(s). Each Party may disclose such Confidential Information to its employees, Affiliates, sublicensees, agents, consultants or other Third Parties who need to know such Confidential Information in connection with the performance of such Party’s obligations under this Agreement or the Manufacture and Supply Agreement(s) and who are bound by obligations of confidentiality and non-use and at least as protective as the obligations of this Article 8. Each Party will be liable for any unauthorized use or disclosure of Confidential Information by its employees, Affiliates, sublicensees, agents, consultants or other Third Parties to which it has disclosed or transferred such Confidential Information. Without limiting the generality of the foregoing paragraph but subject to the terms thereof, a Party may disclose Confidential Information of the other Party as follows: (a) under appropriate confidentiality provisions substantially equivalent to those in this Agreement in connection with the performance of its obligations or exercise of rights granted to such Party in this Agreement; (b) to the extent that such disclosure is reasonably necessary for in connection with: 8.2.1. filing or prosecuting patent or trademark applications relating to the Prosecution and Maintenance of Patents (including applications therefor) in accordance with Section 9.3, Licensed Products; 8.2.2. prosecuting or defending litigationlitigation relating to the Licensed Products; 8.2.3. Exploiting the Licensed Products; 8.2.4. seeking Regulatory Approval of the Licensed Product, filing for and conducting preclinical or clinical trials, obtaining and maintaining including Regulatory Approvals for Products; (c) in communication with existing and potential acquirers, investors, strategic partners, licensees, distributors, consultants, advisors (including financial advisors, lawyers and accountants) and others on Approval of a need to know basis, in each case, under appropriate confidentiality provisions substantially equivalent to those of this Agreement; (d) Manufacturing facility for the purposes Licensed Product; 8.2.5. seeking reimbursement or pricing approvals for the Licensed Product from Governmental Authorities; 8.2.6. complying with Applicable Laws, including securities laws and the rules of any securities exchange or market on which a Party’s or its Affiliates’ securities are listed or traded, all as determined in the reasonable discretion of the performance Party or Affiliate bound by such Applicable Laws; or 8.2.7. complying with subpoenas or requests for information from Governmental Authorities. In making any disclosures set forth in Section 8.2.1 through Section 8.2.7 above, the disclosing Party will, except where legally prohibited or impracticable for necessary disclosures (as in the event of this Agreement and exercising any rights medical emergency), give such advance notice to the other Party of a Party pursuant to this Agreement and in connection with such disclosure requirement as is reasonable under the grant of any license pursuant to Article 7 of this Agreement; or (e) circumstances and, except to the extent mutually agreed inappropriate (as in the case of patent applications), use its reasonable efforts to by cooperate with the Parties. Notwithstanding the foregoingother Party in order to secure confidential treatment of such Confidential Information required to be disclosed, and without limiting Section 9.1.4, except to the extent that the disclosing Party receives advice from its legal counsel or independent registered public accounting firm that such information is required to be disclosed under Applicable Laws, including securities laws and the rules of any Verily Retained Know-How is Confidential Information, (i) such Verily Retained Know-How shall not be used by Verily securities exchange or market on which a Party’s or its Affiliates in the [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party in the [***] any such Verily Retained Know-How without DexCom’s prior written consent except where such disclosure is for purposes of performing activities under this Agreement, and (iii) without limiting the foregoing, any disclosure of Verily Retained Know-How to any Third Party shall be under a use restriction limiting such use of such Verily Retained Know-How to be outside of [***]. In addition, to the extent any Know-How is assigned to DexCom under this Agreement, such Know-How shall be protected as DexCom’s Confidential Information under this Article 7. Furthermore, during the Term, to the extent any proprietary, non-public Know-How is included in Joint Collaboration IP (“Joint Collaboration Know-How”), then (i) such Joint Collaboration Know-How shall not be used by Verily Affiliates’ securities are listed or its Affiliates in [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party for use in [***] any such Joint Collaboration Know-How without DexCom’s prior written consent, and (iii) without limiting the foregoing, any disclosure of Joint Collaboration Know-How to any Third Party shall be under a use restriction limiting such use of such Joint Collaboration Know-How to be outside of [***]traded.

Authorized Use and Disclosure. Each Party may use and disclose shall maintain the Confidential Information of the other Party as follows: (a) in confidence and may use Confidential Information of the other Party only in performance of its obligations under appropriate confidentiality provisions substantially equivalent to those in this Agreement and the Supply Agreement. Each Party may disclose such Confidential Information to its employees, Affiliates, sublicensees, agents, consultants or other Third Parties who need to know such Confidential Information in connection with the performance of such Party’s obligations under this Agreement and the Supply Agreement and who are under a written obligation of confidentiality and non-use at least substantially equivalent to the obligations of this Article 8. Each Party shall be liable for any unauthorized use or disclosure of Confidential Information by its obligations ** CONFIDENTIAL TREATMENT REQUESTED employees, Affiliates, sublicensees, agents, consultants or exercise other Third Parties to which it has disclosed or transferred such Confidential Information. Without limiting the generality of rights granted to such the foregoing paragraph, a Party in this Agreement; (b) may disclose information to the extent that such disclosure is reasonably necessary for in connection with: (i) filing or prosecuting patent applications, subject to the Prosecution and Maintenance terms of Patents Section 8.4; (including applications thereforii) in accordance with Section 9.3, prosecuting or defending litigation, filing for and ; (iii) conducting preclinical pre-clinical studies or clinical trials, obtaining and maintaining Clinical Studies according to a Development Plan or Post Marketing Clinical Trials according to a Commercialization Plan; (iv) seeking Regulatory Approvals for Products; (c) in communication with existing and potential acquirers, investors, strategic partners, licensees, distributors, consultants, advisors (including financial advisors, lawyers and accountants) and others on a need to know basis, in each case, under appropriate confidentiality provisions substantially equivalent to those of this Agreement; (d) for the purposes of the performance of this Agreement and exercising any rights Approval of a Party Product, including Regulatory Approval of a manufacturing facility for a Product; (v) seeking pricing approvals from private or governmental payors; (vi) complying with Laws, including securities Laws and the rules of any securities exchange or market on which a Party’s securities are listed or traded; (vii) providing information to Alkermes’ collaborators in the ROW Territory pursuant to this Agreement and Section 3.4.2(iv) or (viii) complying with subpoenas or governmental requests for information. In making any disclosures set forth in connection with clauses (i) through (viii) above, the grant disclosing Party shall, except where impracticable for necessary disclosures (as in the event of any license pursuant medical emergency), give such advance notice to Article 7 the other Party of this Agreement; or (e) such disclosure requirement as is reasonable under the circumstances and, except to the extent mutually agreed to by the Parties. Notwithstanding the foregoing, and without limiting Section 9.1.4, to the extent any Verily Retained Know-How is Confidential Information, inappropriate (i) such Verily Retained Know-How shall not be used by Verily or its Affiliates as in the [***] except case of patent applications), will use its reasonable efforts to perform cooperate with the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third other Party in the [***] any such Verily Retained Know-How without DexCom’s prior written consent except where such disclosure is for purposes of performing activities under this Agreement, and (iii) without limiting the foregoing, any disclosure of Verily Retained Know-How order to any Third Party shall be under a use restriction limiting such use secure confidential treatment of such Verily Retained Know-How Confidential Information required to be outside of [***]. In addition, to the extent any Know-How is assigned to DexCom under this Agreement, such Know-How shall be protected as DexCom’s Confidential Information under this Article 7. Furthermore, during the Term, to the extent any proprietary, non-public Know-How is included in Joint Collaboration IP (“Joint Collaboration Know-How”), then (i) such Joint Collaboration Know-How shall not be used by Verily or its Affiliates in [***] except to perform the activities contemplated in the Agreement, (ii) Verily and its Affiliates shall not disclose to any Third Party for use in [***] any such Joint Collaboration Know-How without DexCom’s prior written consent, and (iii) without limiting the foregoing, any disclosure of Joint Collaboration Know-How to any Third Party shall be under a use restriction limiting such use of such Joint Collaboration Know-How to be outside of [***]disclosed.