Common use of Company Confidential Information Clause in Contracts

Company Confidential Information. For a period of four (4) years following the Closing Date, subject to Section 7.2(c) and except as contemplated by this Agreement or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries and their respective officers, directors, employees, and other agents and representatives (collectively, “Representatives”), not to, directly or indirectly, disclose, reveal, divulge or communicate to any Person, other than its Representatives or its Affiliates who reasonably need to know such information in providing services to any member of Amneal Group, any Company Confidential Information. If any disclosures are made in connection with providing services to any member of Amneal Group under this Agreement or any Transaction Document, then the Company Confidential Information so disclosed shall be disclosed solely to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information by any of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a), any Information relating to the business currently or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from a source other than the Company or its Affiliates or (iii) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; provided, however, that, in the case of clause (ii), the source of such information was not known by such member of Amneal Group to be bound by a confidentiality agreement with, or other contractual, legal or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such information. In the event any Amneal Group Member receives Company Confidential Information after the Trigger Date, Amneal Group shall keep and shall cause its Representatives to keep such Company Confidential Information confidential for the period of one (1) year following the date such Company Confidential Information was disclosed to Amneal Group.

Company Confidential Information. For a period Manager shall maintain the confidentiality of four (4) years following the Closing Date, subject to Section 7.2(c) and except as contemplated by this Agreement or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries and their respective officers, directors, employees, and other agents and representatives (collectively, “Representatives”), not to, directly or indirectly, disclose, reveal, divulge or communicate to any Person, other than its Representatives or its Affiliates who reasonably need to know such information in providing services to any member of Amneal Group, any Company Confidential Information. If any disclosures are made in connection with providing services to any member of Amneal Group under this Agreement or any Transaction Document, then the Company Confidential Information so disclosed shall be disclosed solely to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information by any of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a), any Information relating to the business currently or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from a source other than the Company or its Affiliates or (iii) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; provided, however, thatthat Manager may disclose such Confidential Information (i) to its Affiliates to the extent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services (provided, however, that such Affiliate has entered into a confidentiality agreement containing terms no less favorable than set forth in this Section 12 or such Affiliate is informed of the confidentiality and non-use provisions of this Agreement and agrees to comply with such provisions); (ii) to the extent necessary for Manager or its Affiliates to provide services for third parties that have interests in the Properties; (iii) in any judicial or alternative dispute resolution proceeding to resolve disputes between Manager or its Affiliates and Company or its Affiliates arising hereunder; (iv) to the extent disclosure is legally required under applicable Legal Requirements (provided, however, that prior to making any legally required disclosures in any judicial, regulatory or dispute resolution proceeding, Manager shall promptly Notify the Board thereof and, if requested by the Board, at Company’s sole cost and expense, seek a protective order or other relief to prevent or reduce the scope of such disclosure); (v) to Manager’s or its Affiliates’ existing or potential lenders, investors, joint interest owners, purchasers or other parties with whom Manager or its Affiliates may enter into contractual relationships, to the extent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services or to obtain the financing or to pursue such other transaction or contractual arrangement for which such disclosure is necessary or desirable, as applicable (provided, however, that such third party has entered into a confidentiality agreement for the benefit of Company containing terms no less favorable than set forth in this Section 12); (vi) if authorized by the Board or Officers, as appropriate, in writing; and (vii) to the extent such Confidential Information was already known to Manager or its Affiliates (through a source other than Company or its representatives or Affiliates) or becomes publicly available (other than through a breach by Manager of its obligations arising under this Section 12(a)) or is independently made known to Manager or its Affiliates (by a source not known by Manager or such Affiliate, as the case may be, to be in breach of clause a confidentiality obligation with respect to such disclosure). Manager acknowledges and agrees that (x) the Confidential Information is being furnished to it for the sole and exclusive purpose of enabling it to perform the Services and (y) the Confidential Information may not be used by it for any other purposes, unless disclosure is permitted by clauses (i), (ii), (iii), (iv), (v) and (vi) above, and in such event may be used solely to the source of such information was not known extent contemplated by such member of Amneal Group to be bound by a confidentiality agreement withclauses, or other contractual, legal or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such information. In the event any Amneal Group Member receives Company Confidential Information after the Trigger Date, Amneal Group shall keep and shall cause its Representatives to keep such Company Confidential Information confidential for the period of one by clause (1) year following the date such Company Confidential Information was disclosed to Amneal Groupvii).

Company Confidential Information. For a period Manager shall maintain the confidentiality of four all Company Confidential Information; provided, however, that Manager may disclose such Company Confidential Information (4i) years following to its Affiliates to the Closing Dateextent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services (provided, subject to Section 7.2(c) however, that such Affiliate is informed of the confidentiality and except as contemplated by non use provisions of this Agreement or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries and their respective officers, directors, employees, and other agents and representatives agrees to comply with such provisions); (collectively, “Representatives”), not to, directly or indirectly, disclose, reveal, divulge or communicate ii) to any Person, other than its Representatives the extent necessary for Manager or its Affiliates who reasonably need to know provide services for Third Parties that have interests in the Properties; (iii) in any judicial or alternative dispute resolution proceeding to resolve disputes between Manager or its Affiliates and Company or its Affiliates arising hereunder; (iv) to the extent disclosure is legally required under applicable Laws (provided, however, that prior to making any legally required disclosures in any judicial, regulatory or dispute resolution proceeding, Manager shall promptly notify the Company and, if requested by the Company and at the Company’s sole cost and expense, seek a protective order or other relief to prevent or reduce the scope of such information in providing services to any member of Amneal Group, any Company Confidential Information. If any disclosures are made in connection with providing services to any member of Amneal Group under this Agreement disclosure) or any Transaction Documentagreement existing on the date hereof to which Manager is a party or by which it is bound and which have been disclosed to the Company; (v) to Manager’s or its Affiliates’ existing or potential lenders, then investors, joint interest owners, purchasers or other parties with whom Manager or its Affiliates may enter into contractual relationships, to the extent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services or to obtain the financing or to pursue such other transaction or contractual arrangement for which such disclosure is necessary or desirable, as applicable (provided, however, that Manager shall require such Third Parties to agree to maintain the confidentiality of the Company Confidential Information so disclosed shall be disclosed solely disclosed); (vi) if authorized by the Company; and (vii) to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information by any of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a), any Information relating was already known to the business currently Manager or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that its Affiliates (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from through a source other than the Company or its representatives or Affiliates) or becomes publicly available other than through a breach by Manager of its obligations arising under this Section 7.14(a) or is independently made known to Manager or its Affiliates (by a source not known by Manager or such Affiliate, as the case may be, to be in breach of a confidentiality obligation with respect to such disclosure). Manager acknowledges and agrees that (iiix) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; providedInformation is being furnished to it for the sole and exclusive purpose of enabling it to perform the Services and (y) the Company Confidential Information may not be used by it for any other purposes, howeverunless disclosure is permitted by clauses (i), that, in the case of clause (ii), (iii), (iv), (v) and (vi) above, and in such event may be used solely to the source of such information was not known extent contemplated by such member of Amneal Group to be bound by a confidentiality agreement withclauses, or other contractual, legal or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such information. In the event any Amneal Group Member receives Company Confidential Information after the Trigger Date, Amneal Group shall keep and shall cause its Representatives to keep such Company Confidential Information confidential for the period of one by clause (1) year following the date such Company Confidential Information was disclosed to Amneal Groupvii).

Company Confidential Information. For a period None of four (4) years following the Closing DateMembers, subject to Section 7.2(c) and except as contemplated by this Agreement any Director, or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries and of their respective representatives shall, without the prior written consent of the Company, divulge, disclose or make accessible to any other Person (other than its officers, directors, employees, agents, professional advisors and other agents and representatives (collectively, “Representatives”partners), not toor use for its own benefit in connection with matters unrelated to the Company, directly any Confidential Information (as herein defined), except (i) to potential purchasers of Shares when such potential purchasers have entered into a valid and binding confidentiality agreement that is no less restrictive than the terms contained herein, (ii) when required to do so by applicable law or indirectlyregulations or by a court of competent jurisdiction, discloseby any governmental agency having supervisory authority or by any administrative body or legislative body (including a committee thereof) with purported or apparent jurisdiction to order such Person to divulge, reveal, divulge disclose or communicate make accessible such information or (iii) to any Affiliate of such Person or accountant, legal counsel or other advisors (including any advisors and sub‑advisors to the funds and accounts managed by such Person, other than its Representatives or its Affiliates who reasonably ) of such Person that need to know such information in providing services to any member of Amneal Group, any Company Confidential Information. If any disclosures are made in connection with providing services such Members' or Directors' investment, obligations or duties with respect to the Company (such Persons, the "Representatives") (provided, with respect to this clause (iii), each such Representative agrees to comply with the provisions of this Section 3.6(a) with respect to such Confidential Information received by such Representative); notwithstanding anything in this Agreement to the contrary, the Company acknowledges that the Members' and their respective Representatives' businesses include the analysis of, and investment in, securities, instruments, businesses and assets and the review of the Confidential Information given to the Members and their respective Representatives inevitably will serve to give the Members and their respective Representatives a deeper overall knowledge and understanding in a way that cannot be separated from the Members' or such Representatives' other knowledge. Accordingly, and without in any member of Amneal Group way limiting the Members' obligations under this Agreement or any Transaction DocumentAgreement, then the Company Confidential Information so disclosed agrees that this Agreement shall be disclosed solely not restrict the Members' use of such overall, generalized knowledge and understanding retained in the unaided memory of individual personnel for the Members' own internal purposes, including the purchase, sale, consideration of, and decisions related to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information by any of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of careother investments. For purposes of this Section 7.2(a)Agreement, any Information relating to the business currently or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from a source other than the Company or its Affiliates or (iii) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; provided, however, that, in the case of clause (ii), the source of such information was not known by such member of Amneal Group to be bound by a confidentiality agreement with, or other contractual, legal or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such information. In the event any Amneal Group Member receives Company Confidential Information after the Trigger Date, Amneal Group shall keep and shall cause its Representatives to keep such Company Confidential Information confidential for the period of one (1) year following the date such Company Confidential Information was disclosed to Amneal Group."Confidential

Company Confidential Information. For a period of four (4i) years following the Closing DatePurchaser and Xxxx will keep all Company Confidential Information confidential, subject except that they may disclose or make available Company Confidential Information to Section 7.2(c) and except as contemplated by this Agreement or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries and their respective officersRelated Parties, directors, officers, employees, and other agents and representatives advisors (collectively, “"Representatives”"), not to, directly all of whom shall be specifically informed by Purchaser or indirectly, disclose, reveal, divulge or communicate to any Person, other than its Representatives or its Affiliates who reasonably need to know Xxxx of the confidential character of such Company Confidential Information and that by receiving such information in providing services they are agreeing to any member be bound by the terms of Amneal Group, any this Agreement relating to the confidential treatment of such Company Confidential Information. If Purchaser and Xxxx will not use any disclosures are made in connection with providing services to any member of Amneal Group under this Agreement or any Transaction Document, then the Company Confidential Information so disclosed shall be disclosed solely Information, and will not permit any of their Representatives to use any of the Company Confidential Information, in any way detrimental to the extent necessary Company, Parent or Biver. Purchaser and Xxxx will not use, or permit any of their Representatives to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure use, any of the Company Confidential Information for any purpose other than for the purposes contemplated by this Agreement, and they will not make any Company Confidential Information available to any Person for any other purpose whatsoever. (ii) In the event that either Purchaser, Xxxx or any Representatives are requested in any proceeding to disclose any Company Confidential Information, they will give the Company, Parent and Biver prompt notice of such request so that they may seek an appropriate protective order. If in the absence of a protective order Purchaser, Xxxx or any of their Representatives as are nonetheless compelled to disclose any such Company Confidential Information, they currently use for their own confidential information of a like naturemay disclose such Company Confidential Information without liability hereunder, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a)provided that they give the Company, any Information relating to the business currently or formerly conducted, or proposed to be conducted, by any member Parent and Biver written notice of the Company Group furnished Confidential Information to or be disclosed as far in the possession advance of any member of Amneal Group, irrespective of the form of communication, its disclosure as is practicable and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or use their respective officers, directors and Affiliates, best efforts to obtain assurances that contain or otherwise reflect confidential treatment will be accorded to such Information is hereinafter referred to as “Company Confidential Information.” (iii) The restrictions with respect to Company Confidential Information does set forth in this Section 9.8(a) shall not include, and there shall be no obligation hereunder with respect to, information that apply to any Company Confidential Information which Purchaser or Xxxx can demonstrate (i) is on the date hereof or hereafter becomes generally available to the public, public other than as a result of a disclosure disclosure, directly or indirectly, by Purchaser, Xxxx or any Amneal Group Member not otherwise permissible hereunder, of their Representatives or (ii) Amneal Group can demonstrate was available to Purchaser, Xxxx or became any of their Representatives on a nonconfidential basis prior to its disclosure to them by the Company or by Parent, Biver or any of their Representatives or becomes available to any Amneal Group Member of them on a nonconfidential basis, in each case from a source other than the Company Company, Parent, Biver or its Affiliates or (iii) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; providedany of their Representatives, however, that, in the case of clause (ii), the which source of such information was not known by such member of Amneal Group to be itself bound by a confidentiality agreement with, or other contractual, legal or fiduciary obligation of confidentiality to, any member of with the Company Group with respect to or Parent and had not received such information. In , directly or indirectly, from a Person so bound. (iv) Purchaser and Xxxx shall cause each of their respective Representatives to comply with the terms of this Section 9.8(a). (v) Purchaser and Xxxx acknowledge that irreparable damage would occur to Parent, Merger Sub and Biver in the event any Amneal Group Member receives Company Confidential Information after of the Trigger Dateprovisions of this Section 9.8(a) were not performed in accordance with their specific terms or were otherwise breached. Accordingly, Amneal Group Parent, Merger Sub, and Biver shall keep and shall cause its Representatives be entitled to keep such Company Confidential Information confidential for an injunction or injunctions to prevent breaches of the period provisions of one (1) year following the date such Company Confidential Information was disclosed to Amneal Group.this

Company Confidential Information. For a period Manager shall maintain the confidentiality of four all Company Confidential Information; provided, however, that Manager may disclose such Company Confidential Information (4i) years following to its Affiliates to the Closing Dateextent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services (provided, subject to Section 7.2(c) however, that such Affiliate is informed of the confidentiality and except as contemplated by non use provisions of this Agreement or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries and their respective officers, directors, employees, and other agents and representatives agrees to comply with such provisions); (collectively, “Representatives”), not to, directly or indirectly, disclose, reveal, divulge or communicate ii) to any Person, other than its Representatives the extent necessary for Manager or its Affiliates who reasonably need to know provide services for Third Parties that have interests in the Properties; (iii) in any judicial or alternative dispute resolution proceeding to resolve disputes between Manager or its Affiliates and Company or its Affiliates arising hereunder; (iv) to the extent disclosure is legally required under applicable Laws (provided, however, that prior to making any legally 24 required disclosures in any judicial, regulatory or dispute resolution proceeding, Manager shall promptly notify the Company and, if requested by the Company and at the Company’s sole cost and expense, seek a protective order or other relief to prevent or reduce the scope of such information in providing services to any member of Amneal Group, any Company Confidential Information. If any disclosures are made in connection with providing services to any member of Amneal Group under this Agreement disclosure) or any Transaction Documentagreement existing on the date hereof to which Manager is a party or by which it is bound and which have been disclosed to the Company; (v) to Manager’s or its Affiliates’ existing or potential lenders, then investors, joint interest owners, purchasers or other parties with whom Manager or its Affiliates may enter into contractual relationships, to the extent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services or to obtain the financing or to pursue such other transaction or contractual arrangement for which such disclosure is necessary or desirable, as applicable (provided, however, that Manager shall require such Third Parties to agree to maintain the confidentiality of the Company Confidential Information so disclosed shall be disclosed solely disclosed); (vi) if authorized by the Company; and (vii) to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information by any of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a), any Information relating was already known to the business currently Manager or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that its Affiliates (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from through a source other than the Company or its representatives or Affiliates) or becomes publicly available other than through a breach by Manager of its obligations arising under this Section 7.14(a) or is independently made known to Manager or its Affiliates (by a source not known by Manager or such Affiliate, as the case may be, to be in breach of a confidentiality obligation with respect to such disclosure). Manager acknowledges and agrees that (iiix) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; providedInformation is being furnished to it for the sole and exclusive purpose of enabling it to perform the Services and (y) the Company Confidential Information may not be used by it for any other purposes, howeverunless disclosure is permitted by clauses (i), that, in the case of clause (ii), (iii), (iv), (v) and (vi) above, and in such event may be used solely to the source of such information was not known extent contemplated by such member of Amneal Group to be bound by a confidentiality agreement withclauses, or other contractual, legal or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such information. In the event any Amneal Group Member receives Company Confidential Information after the Trigger Date, Amneal Group shall keep and shall cause its Representatives to keep such Company Confidential Information confidential for the period of one by clause (1) year following the date such Company Confidential Information was disclosed to Amneal Groupvii).

Company Confidential Information. For a period of four (4) years following the Closing Date, subject to Section 7.2(c) and except as contemplated by this Agreement or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries and their respective officers, directors, employees, and other agents and representatives (collectively, “Representatives”), not to, directly or indirectly, disclose, reveal, divulge or communicate to any Person, other than its Representatives or its Affiliates who reasonably need to know such information in providing services to any member of Amneal Group, any Company Confidential Information. If any disclosures are made in connection with providing services to any member of Amneal Group under this Agreement or any Transaction Document, then the Company Confidential Information so disclosed shall be disclosed solely to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information by any of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a), any Information relating to the business currently or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents Table of Contents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from a source other than the Company or its Affiliates or (iii) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; provided, however, that, in the case of clause (ii), the source of such information was not known by such member of Amneal Group to be bound by a confidentiality agreement with, or other contractual, legal or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such information. In the event any Amneal Group Member receives Company Confidential Information after the Trigger Date, Amneal Group shall keep and shall cause its Representatives to keep such Company Confidential Information confidential for the period of one (1) year following the date such Company Confidential Information was disclosed to Amneal Group.

Company Confidential Information. For a period Manager shall maintain the confidentiality of four (4) years following the Closing Date, subject to Section 7.2(c) and except as contemplated by this Agreement or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries and their respective officers, directors, employees, and other agents and representatives (collectively, “Representatives”), not to, directly or indirectly, disclose, reveal, divulge or communicate to any Person, other than its Representatives or its Affiliates who reasonably need to know such information in providing services to any member of Amneal Group, any Company Confidential Information. If any disclosures are made in connection with providing services to any member of Amneal Group under this Agreement or any Transaction Document, then the Company Confidential Information so disclosed shall be disclosed solely to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information by any of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a), any Information relating to the business currently or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from a source other than the Company or its Affiliates or (iii) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; provided, however, thatthat Manager may disclose such Confidential Information (i) to its Affiliates to the extent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services (provided, however, that such Affiliate has entered into a confidentiality agreement containing terms no less favorable than set forth in this Section 11 or such Affiliate is informed of the confidentiality and non-use provisions of this Agreement and agrees to comply with such provisions); (ii) to the extent necessary for Manager or its Affiliates to provide services for third parties that have interests in the Properties; (iii) in any judicial or alternative dispute resolution proceeding to resolve disputes between Manager or its Affiliates and Company or its Affiliates arising hereunder; (iv) to the extent disclosure is legally required under applicable Legal Requirements (provided, however, that prior to making any legally required disclosures in any judicial, regulatory or dispute resolution proceeding, Manager shall promptly Notify the Board thereof and, if requested by the Board, at Company’s sole cost and expense, seek a protective order or other relief to prevent or reduce the scope of such disclosure); (v) to Manager’s or its Affiliates’ existing or potential lenders, investors, joint interest owners, purchasers or other parties with whom Manager or its Affiliates may enter into contractual relationships, to the extent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services or to obtain the financing or to pursue such other transaction or contractual arrangement for which such disclosure is necessary or desirable, as applicable (provided, however, that such third party has entered into a confidentiality agreement for the benefit of Company containing terms no less favorable than set forth in this Section 11); (vi) if authorized by the Board or Officers, as appropriate, in writing; and (vii) to the extent such Confidential Information was already known to Manager or its Affiliates (through a source other than Company or its representatives or Affiliates) or becomes publicly available (other than through a breach by Manager of its obligations arising under this Section 11(a)) or is independently made known to Manager or its Affiliates (by a source not known by Manager or such Affiliate, as the case may be, to be in breach of clause a confidentiality obligation with respect to such disclosure). Manager acknowledges and agrees that (x) the Confidential Information is being furnished to it for the sole and exclusive purpose of enabling it to perform the Services and (y) the Confidential Information may not be used by it for any other purposes, unless disclosure is permitted by clauses (i), (ii), (iii), (iv), (v) and (vi) above, and in such event may be used solely to the source of such information was not known extent contemplated by such member of Amneal Group to be bound by a confidentiality agreement withclauses, or other contractual, legal or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such information. In the event any Amneal Group Member receives Company Confidential Information after the Trigger Date, Amneal Group shall keep and shall cause its Representatives to keep such Company Confidential Information confidential for the period of one by clause (1) year following the date such Company Confidential Information was disclosed to Amneal Groupvii).

Company Confidential Information. For a period (a) Each of four (4) years following the Closing DateParties recognize that it, subject to Section 7.2(c) or its Affiliates, Permitted Transferees and except as contemplated by Representatives, has acquired or will acquire Company Confidential Information in connection with this Agreement or any Transaction Documentotherwise, Amneal Group shall notthe use or disclosure of which could cause the Company substantial loss and damages that could not be readily calculated and for which no remedy at Law would be adequate. Accordingly, each Party, severally and shall not jointly, covenants and agrees with the Company that it will not (and will cause its Subsidiaries respective Affiliates, Associated Individuals and their respective officers, directors, employees, and other agents and representatives (collectively, “Representatives”), Representatives not to) at any time, except with the prior written consent of the Company, directly or indirectly, disclosedisclose any Company Confidential Information known to it to any third party. Nothing in this Agreement shall prohibit any of the Investor Stockholders from disclosing Company Confidential Information to any Affiliate, revealRepresentative, divulge limited partner, member, shareholder or communicate beneficiary of such Investor Stockholder in accordance with Section 6.1; provided that such Investor Stockholder shall be responsible for any breach of this Section 6.2 by any such Person. No Company Confidential Information shall be deemed to be provided to any Person, other than its Representatives or its Affiliates who reasonably need to know including any Affiliate of a Party and no Person shall have any obligation hereunder, unless such information in providing services to any member of Amneal Group, any Company Confidential InformationInformation is actually received by such Person. If any disclosures are made Notwithstanding the foregoing or anything to the contrary herein, each of the Investor Stockholders may disclose Company Confidential Information in connection with providing services routine supervisory audit or regulatory examinations (including by regulatory or self-regulatory bodies) to which they are subject in the course of their respective businesses without liability hereunder and shall not be required to provide notice to any member party in the course of Amneal Group under this Agreement any such routine supervisory audit or regulatory examination, provided that (i) such routine audit or examination does not specifically target the Company, any Transaction Document, then of its subsidiaries or the Company Confidential Information so disclosed and (ii) each Investor Stockholder that is a private equity, venture capital or other investment firm and their respective Affiliates may provide information about the subject matter of this Agreement to prospective and existing investors in connection with fund raising, marketing, informational, transactional or reporting activities. (b) Each of the Parties shall be disclosed solely cause their respective Affiliates, Associated Individuals and Representatives to abide by and comply with the extent necessary provisions of this Section 6.2. Each of the Parties shall with respect to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information Information, be liable to the Company for any and all breaches of and failures to abide by the confidentiality and use restrictions set forth herein by such Party, its Affiliates, Associated Individuals and its and their Representatives. Notwithstanding anything to the contrary herein or otherwise, any liability for breach of their Representatives as they currently use for their own confidential information this Section 6.2 shall survive the termination of this Agreement and shall continue in effect forthwith. Further, no Affiliate or portfolio company of a like natureParty shall be deemed to be a Representative hereunder for purposes of this Section 6.2 solely due to the fact that one of such Person’s employees who has received or had access to Company Confidential Information, but in no event less than a reasonable standard serves as an officer or member of care. the board of directors (or similar governing body) of such Affiliate or portfolio company; provided, that such employee does not provide Company Confidential Information, to the other directors, officers or employees of such Affiliate or portfolio company. (c) For purposes of this Section 7.2(a)6.2, “Company Confidential Information” shall not include, with respect to any Information relating to the business currently Person, information: (i) which such Person (or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or its Affiliates) can demonstrate was already in the possession of such Person (or its Affiliates) prior to its receipt from the Company or any member Subsidiary thereof lawfully and from a source not subject to any confidentiality obligation to such Person, the Company, the Investor Stockholders, the Management Stockholders, their respective Affiliates or the foregoing’s respective Representatives, (ii) which such Person (or its Affiliates) can demonstrate was learned from sources other than the Company, the Investor Stockholders, the Management Stockholders, their respective Affiliates or the foregoing’s respective Representatives and, that to the knowledge of Amneal Groupsuch Person (or its Affiliates), irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared is not bound by any member duty of Amneal Group confidentiality to any Person in respect of such information, after such information was disclosed by the Company or their respective officersits Subsidiaries, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that (iiii) which is or becomes generally available to the publicpublic or the participants in the industry in which the Company and its Subsidiaries participate, other than as a result of a disclosure by such Person, any Amneal Group Member not otherwise permissible hereunderof its Affiliates or any of its or its Affiliates’ respective Representatives in violation hereof, (iiiv) Amneal Group can demonstrate was which is required by applicable Law or became available to court of competent jurisdiction or requested by any Amneal Group Member from a source other than the Company governmental, administrative or regulatory authorities; provided that such Person or its Affiliates promptly notifies the Company of such requirement or request and takes commercially reasonable steps, at the sole cost and expense of the Company, to minimize the extent of any such required disclosure or (iiiv) which is independently developed independently by an Amneal Group Member such Person or its Affiliates without use, reliance upon or reference to the Company Confidential Information; provided, however, that, in the case of clause (ii), the source of such information was not known by such member of Amneal Group to be bound by a confidentiality agreement with, or other contractual, legal or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such information. In the event any Amneal Group Member receives Company Confidential Information after the Trigger Date, Amneal Group shall keep and shall cause its Representatives to keep such Company Confidential Information confidential for the period of one (1) year following the date such Company Confidential Information was disclosed to Amneal Group.

Company Confidential Information. For a period Manager shall maintain the confidentiality of four all Company Confidential Information; provided, however, that Manager may disclose such Company Confidential Information (4i) years following to its Affiliates to the Closing Dateextent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services (provided, subject to Section 7.2(c) however, that such Affiliate is informed of the confidentiality and except as contemplated by non use provisions of this Agreement or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries and their respective officers, directors, employees, and other agents and representatives agrees to comply with such provisions); (collectively, “Representatives”), not to, directly or indirectly, disclose, reveal, divulge or communicate ii) to any Person, other than its Representatives the extent necessary for Manager or its Affiliates who reasonably need to know provide services for Third Parties that have interests in the Company Group’s properties; (iii) in any judicial or alternative dispute resolution proceeding to resolve disputes between Manager or its Affiliates and Company or its Affiliates arising hereunder; (iv) to the extent disclosure is legally required under applicable Laws (provided, however, that prior to making any legally required disclosures in any judicial, regulatory or dispute resolution proceeding, Manager shall promptly notify the Company and, if requested by the Company and at the Company’s sole cost and expense, seek a protective order or other relief to prevent or reduce the scope of such information in providing services to any member of Amneal Group, any Company Confidential Information. If any disclosures are made in connection with providing services to any member of Amneal Group under this Agreement disclosure) or any Transaction Documentagreement existing on the date hereof to which Manager is a party or by which it is bound and which have been disclosed to the Company; (v) to Manager’s or its Affiliates’ existing or potential lenders, then investors, joint interest owners, purchasers or other parties with whom Manager or its Affiliates may enter into contractual relationships, to the extent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services or to obtain the financing or to pursue such other transaction or contractual arrangement for which such disclosure is necessary or desirable, as applicable (provided, however, that Manager shall require such Third Parties to agree to maintain the confidentiality of the Company Confidential Information so disclosed shall be disclosed solely disclosed); (vi) if authorized by the Company; and (vii) to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information by any of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a), any Information relating was already known to the business currently Manager or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that its Affiliates (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from through a source other than the Company or its representatives or Affiliates) or becomes publicly available other than through a breach by Manager of its obligations arising under this Section 7.14(a) or is independently made known to Manager or its Affiliates (by a source not known by Manager or such Affiliate, as the case may be, to be in breach of a confidentiality obligation with respect to such disclosure). Manager acknowledges and agrees that (iiix) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; providedInformation is being furnished to it for the sole and exclusive purpose of enabling it to perform the Services and (y) the Company Confidential Information may not be used by it for any other purposes, howeverunless disclosure is permitted by clauses (i), that, in the case of clause (ii), (iii), (iv), (v) and (vi) above, and in such event may be used solely to the source of such information was not known extent contemplated by such member of Amneal Group to be bound by a confidentiality agreement withclauses, or other contractual, legal or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such information. In the event any Amneal Group Member receives Company Confidential Information after the Trigger Date, Amneal Group shall keep and shall cause its Representatives to keep such Company Confidential Information confidential for the period of one by clause (1) year following the date such Company Confidential Information was disclosed to Amneal Groupvii).

Company Confidential Information. For a period Manager shall maintain the confidentiality of four (4) years following the Closing Date, subject to Section 7.2(c) and except as contemplated by this Agreement or any Transaction Document, Amneal Group shall not, and shall cause its Subsidiaries and their respective officers, directors, employees, and other agents and representatives (collectively, “Representatives”), not to, directly or indirectly, disclose, reveal, divulge or communicate to any Person, other than its Representatives or its Affiliates who reasonably need to know such information in providing services to any member of Amneal Group, any Company Confidential Information. If any disclosures are made in connection with providing services to any member of Amneal Group under this Agreement or any Transaction Document, then the Company Confidential Information so disclosed shall be disclosed solely to the extent necessary to perform such services. Amneal Group shall use the same degree of care to prevent and restrain the unauthorized use or disclosure of the Company Confidential Information by any of their Representatives as they currently use for their own confidential information of a like nature, but in no event less than a reasonable standard of care. For purposes of this Section 7.2(a), any Information relating to the business currently or formerly conducted, or proposed to be conducted, by any member of the Company Group furnished to or in the possession of any member of Amneal Group, irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by any member of Amneal Group or their respective officers, directors and Affiliates, that contain or otherwise reflect such Information is hereinafter referred to as “Company Confidential Information.” Company Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that (i) is or becomes generally available to the public, other than as a result of a disclosure by any Amneal Group Member not otherwise permissible hereunder, (ii) Amneal Group can demonstrate was or became available to any Amneal Group Member from a source other than the Company or its Affiliates or (iii) is developed independently by an Amneal Group Member without reference to the Company Confidential Information; provided, however, thatthat Manager may disclose such Confidential Information (i) to its Affiliates to the extent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services (provided, however, that such Affiliate has entered into a confidentiality agreement containing terms no less favorable than set forth in this Section 11 or such Affiliate is informed of the confidentiality and non-use provisions of this Agreement and agrees to comply with such provisions); (ii) to the extent necessary for Manager or its Affiliates to provide services for third parties that have interests in the Properties; (iii) in any judicial or alternative dispute resolution proceeding to resolve disputes between Manager or its Affiliates and Company or its Affiliates arising hereunder; (iv) to the extent disclosure is legally required under applicable Legal Requirements (provided, however, that prior to making any legally required disclosures in any judicial, regulatory or dispute resolution proceeding, Manager shall promptly Notify the Board thereof and, if requested by the Board, at Company’s sole cost and expense, seek a protective order or other relief to prevent or reduce the scope of such disclosure); (v) to Manager’s or its Affiliates’ existing or potential lenders, investors, joint interest owners, purchasers or other parties with whom Manager or its Affiliates may enter into contractual relationships, to the extent deemed by Manager to be reasonably necessary or desirable to enable it to perform the Services or to obtain the financing or to pursue such other transaction or contractual arrangement for which such disclosure is necessary or desirable, as applicable (provided, however, that such third party has entered into a confidentiality agreement for the benefit of Company containing terms no less favorable than set forth in this Section 11); (vi) if authorized by the Board or Officers, as appropriate, in writing; and (vii) to the case extent such Confidential Information was already known to Manager or its Affiliates (through a source other than Company or its representatives or Affiliates) or becomes publicly available (other than through a breach by Manager of clause its obligations arising under this Section 11(a)) or is independently made known to Manager or its Affiliates (ii), the by a source of such information was not known by Manager or such member of Amneal Group Affiliate, as the case may be, to be bound by in breach of a confidentiality agreement with, or other contractual, legal or fiduciary obligation of confidentiality to, any member of the Company Group with respect to such informationdisclosure). In Manager acknowledges and agrees that (x) the event any Amneal Group Member receives Company Confidential Information after the Trigger Date, Amneal Group shall keep and shall cause its Representatives is being furnished to keep such Company Confidential Information confidential it for the period sole and exclusive purpose of one (1) year following enabling it to perform the date such Company Confidential Information was disclosed to Amneal Group.Services and