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: (i) under appropriate confidentiality provisions substantially equivalent to those in this Agreement, in connection with the performance of its obligations or exercise of rights granted or reserved to such Party in this Agreement, (ii) to the extent such disclosure is reasonably necessary in filing for, prosecuting, maintaining or enforcing Patents, copyrights and trademarks (including applications therefor) in accordance with this Agreement, complying with the terms of agreements with Third Parties, prosecuting or defending litigation, complying with applicable governmental regulations, filing for, conducting pre-clinical studies or clinical trials, obtaining and maintaining 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 necessary disclosures (e.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 investors, consultants and advisors (including financial advisors, lawyers and accountants) on a need to know basis, in each case under appropriate confidentiality provisions substantially equivalent to those of this Agreement, (iv) with respect to the Confidential Information of NovaBay, by Galderma to L’Oréal S.A. and Nestlé S.A. consistent with Galderma’s past practice of disclosure of proprietary information of Third Parties and provided that Galderma shall use its reasonable efforts to secure confidential treatment of such Confidential Information so disclosed, or (v) to the extent mutually agreed to by the Parties. ***Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.

Authorized Use and Disclosure. Each Party may use and disclose Confidential Information of the other Party as follows: (i) 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, ; (ii) to the extent such disclosure is reasonably necessary in filing for, prosecuting, maintaining or enforcing Patents, copyrights for any of the following: (a) the Prosecution and trademarks Maintenance of Patents (including applications therefor) in accordance with this Agreement, (b) complying with the terms of agreements with Third PartiesParties pursuant to which it Controls Licensed Technology, (c) prosecuting or defending litigation, (d) complying with applicable governmental regulations, filing for, (e) conducting pre-clinical studies preclinical or clinical trials, filing for, obtaining and maintaining regulatory approvals (including Marketing Approvals), marketing Collaboration Products, or (f) otherwise required by applicable LawApplicable Laws or the rules of a recognized stock exchange, provided, however, that if a Party is required by Law Applicable Laws or stock exchange to make any such disclosure of the other Confidential treatment has been sought for portions 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 (e.g.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, and will use its reasonable efforts to secure confidential treatment of such Confidential Information required to be disclosed, ; (iii) in communication with existing and potential investors, consultants and acquirers, lenders, consultants, advisors (including financial advisors, lawyers and accountants) and, in the case of Impax, potential and actual licensees, collaborators or service providers on a need to know basis, in each case under appropriate confidentiality provisions substantially equivalent to those of this Agreement, ; or (iv) with respect to the Confidential Information of NovaBay, by Galderma to L’Oréal S.A. and Nestlé S.A. consistent with Galderma’s past practice of disclosure of proprietary information of Third Parties and provided that Galderma shall use its reasonable efforts to secure confidential treatment of such Confidential Information so disclosed, or (v) to the extent mutually agreed to by the Parties. ***Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.

Authorized Use and Disclosure. Each Party may use and disclose Confidential Information of the other Party as follows: (ia) 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, ; (iib) to the extent such disclosure is reasonably necessary in filing for, prosecuting, maintaining or enforcing Patents, copyrights for the Prosecution and trademarks Maintenance of Patents (including applications therefor) in accordance with this Agreement, complying with the terms of agreements with Third PartiesSection 9.3, prosecuting or defending litigation, complying with applicable governmental regulations, filing for, for and conducting pre-clinical studies preclinical or clinical trials, obtaining and maintaining regulatory approvals Regulatory Approvals for Products; (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 necessary disclosures (e.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, (iiic) in communication with existing and potential acquirers, investors, consultants and strategic partners, licensees, distributors, consultants, 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, ; (ivd) for the purposes of the performance of this Agreement and exercising any rights of a Party pursuant to this Agreement and in connection with respect the grant of any license pursuant to the Confidential Information Article 7 of NovaBay, by Galderma to L’Oréal S.A. and Nestlé S.A. consistent with Galderma’s past practice of disclosure of proprietary information of Third Parties and provided that Galderma shall use its reasonable efforts to secure confidential treatment of such Confidential Information so disclosed, this Agreement; or (ve) 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 treatment requested pursuant 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 request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commissionuse 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: (ia) 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, ; (iib) to the extent such disclosure is reasonably necessary in filing for, prosecuting, maintaining or enforcing Patents, copyrights and trademarks for the Prosecution of Patents (including applications therefor) in accordance with this Agreement, complying with the terms of agreements with Third PartiesParties subject to appropriate confidentiality provisions consistent with those in this Agreement, prosecuting or defending litigation, complying with applicable governmental regulations, filing for, conducting pre-clinical studies preclinical or clinical trials, obtaining and maintaining regulatory approvals (including Marketing Approvals), marketing Collaboration ProductsNDA Approval) for Product under this Agreement, or otherwise required by applicable Applicable Law, provided, however, that if a Party is required by Applicable Law to make any such disclosure of the other Party’s Confidential Information it will, except where impracticable for necessary disclosures (e.g.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, ; (iiic) in communication with existing and potential contractors, suppliers, CROs, investors, consultants and acquirers, 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, (iv) with respect to the Confidential Information of NovaBay, by Galderma to L’Oréal S.A. and Nestlé S.A. consistent with Galderma’s past practice of disclosure of proprietary information of Third Parties and provided that Galderma shall use its reasonable efforts to secure confidential treatment of such Confidential Information so disclosed, ; or (vd) to the extent mutually agreed to by the Parties. ***Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the CommissionParties in writing.

Authorized Use and Disclosure. Each Party may use and disclose Confidential Information of the other Party as follows: (ia) 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, ; (iib) to the extent such disclosure is reasonably necessary in filing for, prosecuting, maintaining or enforcing Patents, copyrights for the Prosecution and trademarks Maintenance of Patents (including applications therefor) in accordance with this Agreement, complying with the terms of agreements with Third PartiesSection 9.3, prosecuting or defending litigation, complying with applicable governmental regulations, filing for, for and conducting pre-clinical studies preclinical or clinical trials, obtaining and maintaining regulatory approvals Regulatory Approvals for Products; (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 necessary disclosures (e.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, (iiic) in communication with existing and potential acquirers, investors, consultants and strategic partners, licensees, distributors, consultants, 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, ; (ivd) for the purposes of the performance of this Agreement and exercising any rights of a Party pursuant to this Agreement and in connection with respect the grant of any license pursuant to the Confidential Information Article 7 of NovaBay, by Galderma to L’Oréal S.A. and Nestlé S.A. consistent with Galderma’s past practice of disclosure of proprietary information of Third Parties and provided that Galderma shall use its reasonable efforts to secure confidential treatment of such Confidential Information so disclosed, this Agreement; or (ve) 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 treatment requested pursuant 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 request for confidential treatment filed with the Securities and Exchange Commissionuse restriction limiting such use of such Joint Collaboration Know-How to be outside of [***]. Omitted portions have been filed separately with the Commission.[***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS AND ASTERISKS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED INFORMATION. EXECUTION COPY

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: (i) 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, ; (ii) to the extent such disclosure is reasonably necessary in filing for, prosecuting, maintaining or enforcing Patents, copyrights for the Prosecution and trademarks Maintenance of Patents (including applications therefor) in accordance with this Agreement but with Confidential treatment has been sought for portions 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. 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, conducting pre-clinical studies preclinical or clinical trials, obtaining and maintaining regulatory approvals (including Marketing Approvals), marketing Collaboration Products) for Product(s) under this Agreement, or otherwise required by applicable LawApplicable 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 (e.g.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, ; (iiiiv) in communication with existing and potential Sublicensees, Third Party Suppliers, Third Party Contractors, investors, consultants and acquirers, consultants, advisors (including financial advisors, lawyers and accountants) on a need to know basis, in each case under appropriate confidentiality provisions and a written agreement substantially equivalent to those of this Agreement, (iv) with respect to the Confidential Information of NovaBay, by Galderma to L’Oréal S.A. and Nestlé S.A. consistent with Galderma’s past practice of disclosure of proprietary information of Third Parties and provided that Galderma shall use its reasonable efforts to secure confidential treatment of such Confidential Information so disclosed, ; or (v) to the extent mutually agreed to by the PartiesParties in writing. ***Notwithstanding the foregoing, either Party may disclose the other Party’s Confidential treatment requested pursuant Information to a request contract research organization (the “CRO”) to which such Party outsources any research and/or development of the Products permitted hereunder, provided, in each case, that (a) any such CRO agrees to be bound by terms of confidentiality and non-use comparable in scope to those set forth in this Article 8 for confidential treatment filed a reasonable period of time, [* * *], and such Party shall be responsible for the acts and omissions of such CRO with respect thereto, and (b) such Party will only disclose such Confidential Information to CRO as is reasonably necessary for CRO to conduct such research and/or development of the Securities and Exchange Commission. Omitted portions have been filed separately with the CommissionProducts.

Authorized Use and Disclosure. Each Party may use and disclose Confidential Information of the other Party as follows: (i) under appropriate confidentiality provisions substantially equivalent to those in this Agreement, in connection with the performance of its obligations or exercise of rights granted or reserved to such Party in this AgreementAgreement or the APA, (ii) to the extent such disclosure is reasonably necessary in filing for, prosecuting, maintaining prosecuting or enforcing Patentsmaintenance of patents, copyrights and trademarks (including applications therefor) in accordance with this Agreement, complying with the terms of agreements with Third Parties), prosecuting or defending litigation, complying with applicable governmental regulations, filing for, conducting pre-clinical studies or clinical trials, obtaining and maintaining regulatory approvals (including Marketing Approvals), marketing Collaboration Products, regulations 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 necessary disclosures (e.g.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, (iii) in communication with existing and potential investors, consultants and consultants, advisors (including financial advisors, lawyers and accountants) [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. and others on a need to know basis, in each case under appropriate and customary confidentiality provisions substantially equivalent to those of this Agreementunder the circumstances, (iv) with respect by VIVUS only to Acrux and FemPharm to the Confidential Information extent reasonably necessary in complying with the terms of NovaBaythe Acrux License, by Galderma to L’Oréal S.A. and Nestlé S.A. consistent with Galderma’s past practice of disclosure of proprietary information of Third Parties and provided that Galderma shall use its reasonable efforts to secure confidential treatment of such Confidential Information so disclosed, or (v) by KVP to the extent mutually agreed to by the Parties. ***Confidential treatment requested pursuant to a request reasonably necessary in filing for, conducting preclinical or clinical trials for, obtaining and maintaining regulatory approvals for confidential treatment filed and manufacturing and commercializing Evamist in accordance with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commissionterms hereof.

Authorized Use and Disclosure. Each Party may use and disclose Confidential Information of the other Party as follows: (ia) 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, ; (iib) to the extent such disclosure is reasonably necessary in filing for, prosecuting, maintaining or enforcing Patents, copyrights and trademarks for the Prosecution of Patents (including applications therefor) in accordance with this Agreement, complying with the terms of agreements with Third PartiesParties subject to appropriate confidentiality provisions consistent with those in this Agreement, prosecuting or defending litigation, complying with applicable governmental regulations, filing for, conducting pre-clinical studies preclinical or clinical trials, obtaining and maintaining regulatory approvals Regulatory Approvals (including Marketing Approvals), marketing Collaboration Productsthe NDA Approval) for Licensed Product under this Agreement, or otherwise required by applicable LawApplicable Law or any listing agreement with or rules of a national securities exchange, provided, however, that if a Party is required by Applicable Law to make any such disclosure of the other Party’s Confidential Information it will, except where impracticable for necessary disclosures (e.g.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, ; (iiic) in communication with existing and potential contractors, suppliers, CROs, investors, consultants and acquirers, 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, (iv) with respect to the Confidential Information of NovaBay, by Galderma to L’Oréal S.A. and Nestlé S.A. consistent with Galderma’s past practice of disclosure of proprietary information of Third Parties and provided that Galderma shall use its reasonable efforts to secure confidential treatment of such Confidential Information so disclosed, ; or (vd) to the extent mutually agreed to by the Parties. ***Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the CommissionParties in writing.

Authorized Use and Disclosure. 8.2.1 Each Party may use and disclose Confidential Information of the other Party solely as follows: (i) under appropriate confidentiality provisions substantially equivalent to those in this Agreement, in connection with the performance of its obligations or exercise of rights granted or reserved to such Party in this Agreement, Agreement under appropriate confidentiality provisions; (ii) to the extent such disclosure is reasonably necessary in filing for, prosecuting, maintaining prosecuting or enforcing maintenance of Patents, copyrights and trademarks (including applications therefor) by Vertex or by Parion or its licensors in accordance with this Agreement, complying with the terms Prosecution and Maintenance of agreements with Third PartiesPatents, prosecuting or defending litigationLitigation, complying with applicable governmental regulations, filing for, conducting pre-clinical studies preclinical or clinical trials, filing for, obtaining and maintaining regulatory approvals (including all Regulatory Filings and Marketing Approvals), marketing Collaboration Products, or otherwise ; (iii) to the extent required by applicable Applicable Law, provided, however, that if a Party is required by Law law or regulation to make any such disclosure of the other Party’s Confidential Information it will, except where impracticable for necessary disclosures (e.g.for example, in the event of medical emergencyemergency or if prohibited by Applicable Law), give reasonable advance notice to the other Party of such disclosure requirement and, except to the extent inappropriate in the case of patent applications, and will use its reasonable efforts to secure confidential treatment of such Confidential Information required to be disclosed, ; (iiiiv) in communication with existing and potential consultants, investors, consultants lenders, other financial institutions and advisors (including financial advisors, lawyers and accountants) and others on a need to know basisbasis in order to comply with such Party’s obligations under this Agreement, in each case under appropriate confidentiality and non-use provisions substantially equivalent to those of this Agreement, Agreement with a reasonable duration based on the disclosee; (ivv) with respect to Parion, as required pursuant to the Confidential Information of NovaBay, by Galderma to L’Oréal S.A. and Nestlé S.A. consistent with Galderma’s past practice of disclosure of proprietary information of Third Parties and provided that Galderma shall use its reasonable efforts to secure confidential treatment of such Confidential Information so disclosedParion Agreements, or (vvi) to the extent mutually agreed to by the Parties. ***Confidential treatment , provided that one Party shall not unreasonably withhold, delay or condition its consent to disclosure if requested pursuant by the other Party with respect to a request for confidential treatment filed potential acquirer, merger partner or commercial partner. For the avoidance of doubt, in no event shall Parion or any Parion Affiliate be entitled to use or disclose the Confidential Information of Vertex and/or its Affiliates, directly or indirectly, in connection with the Securities Development of (x) products, or (y) Licensed Products, other than strictly under the terms of this Agreement. Each of the Parties shall ensure that each of its directors, executive officers, employees and Exchange Commission. Omitted portions have been filed separately other representatives are bound by confidentiality and non-use obligations sufficient to enable such Party to cause such individuals to comply with the Commission.terms of this Article 8 and shall be responsible for any breach by such individuals of the terms of this Agreement. ActiveUS 144208420v.18

Authorized Use and Disclosure. Each Except as otherwise expressly provided in this Agreement, a Related Agreement, or a Plan, each Party may use and disclose Confidential Information of the other Party as follows: (i) under appropriate confidentiality provisions restrictions substantially equivalent to those in this Agreement, : (a) reasonably in connection with the performance of its obligations or exercise of its rights granted under this Agreement or reserved to such Party in this a Related Agreement, including the right to grant licenses or sublicenses to the extent permitted hereunder, (b) to the extent such disclosure is reasonably necessary or useful in conducting preclinical trials or Clinical Trials under this Agreement as part of the Collaboration or (c) in complying with the terms of agreements with Third Parties existing as of the Effective Date or entered into thereafter pursuant to Section8.4; (ii) to the extent such disclosure is reasonably necessary in filing foror prosecuting Patent, prosecuting, maintaining or enforcing Patents, copyrights Copyright and trademarks (including Trademark applications therefor) in accordance with this Agreement or the IP Agreement, complying with the terms of agreements with Third Parties, ; prosecuting or defending litigationlitigation related to this Agreement, a Related Agreement, or the Collaboration; complying with applicable governmental regulationsregulations with respect to performance under this Agreement, filing fora Related Agreement, conducting preor any Plan; obtaining regulatory approval or fulfilling post-clinical studies or clinical trials, obtaining and maintaining approval regulatory approvals (including Marketing Approvals), marketing obligations for Collaboration Products, ; or otherwise required by applicable Lawlaw, provided, however, that if a Party is required by Law law to make any such disclosure of the other Party’s Confidential Information it will, except where impracticable for necessary disclosures (e.g.for example, in the event of medical emergency), give reasonable advance notice to the other Party of such disclosure requirement and, except to in each of the extent inappropriate in the case of patent applicationsforegoing, (excluding circumstances where not reasonably possible), will use its reasonable efforts to secure seek confidential treatment of such Confidential Information required to be disclosed, ; (iii) in communication with existing and potential investors, consultants investors and advisors (including financial advisors, lawyers and accountants) on a need to know basis, in each case under appropriate conditions which reasonably ensure the confidentiality provisions substantially equivalent to those of this Agreement, (iv) with respect to the Confidential Information of NovaBay, by Galderma to L’Oréal S.A. and Nestlé S.A. consistent with Galderma’s past practice of disclosure of proprietary information of Third Parties and provided that Galderma shall use its reasonable efforts to secure confidential treatment of such Confidential Information so disclosedinformation, or (viv) to the extent mutually agreed to by the Parties. ***Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.