Common use of CONFIDENTIAL INFORMATION AND PUBLICATION Clause in Contracts

CONFIDENTIAL INFORMATION AND PUBLICATION. 13.1 BOARD and IMMUNICON each agree that all information contained in documents marked "confidential" and forwarded to one by the other (i) are to be received in strict confidence, (ii) used only for the purposes of this AGREEMENT, and (iii) not disclosed by the recipient party, its agents or employees without the prior written consent of the other party, except to the extent that the recipient party can establish competent written proof that such information: (a) was in the public domain at the time of disclosure; (b) later became part of the public domain through no act or omission of the recipient party, it's employees, agents, successors or assigns; (c) was lawfully disclosed to the recipient party by a third party having the right to disclose it; (d) was already known by the recipient party at the time of disclosure; (e) was independently developed by the recipient; or (f) is required by law or regulation to be disclosed. 13.2 Each party's obligation of confidence hereunder shall be fulfilled by using at least the same degree of care with the other party's confidential information as it uses to protect its own confidential information. This obligation shall exist while this AGREEMENT is in force and for a period of 3 years thereafter.

CONFIDENTIAL INFORMATION AND PUBLICATION. 13.1 BOARD 10.1 Crysalix and IMMUNICON Licensee each agree that all information contained in documents marked "confidential" and forwarded to one by the other (i) are to be received in strict confidence, (ii) be used only for the purposes of this AGREEMENTAgreement, and (iii) not be disclosed by the recipient party, its agents or employees without the prior written consent of the other party, except to the extent that the recipient party can establish competent written proof that such information: (a) a. was in the public domain at the time of disclosure; (b) b. later became part of the public domain through no act or omission of the recipient party, it's employees, agents, successors or assigns; (c) c. was lawfully disclosed to the recipient party by a third party having the right to disclose it; (d) d. was already known by the recipient party at the time of disclosure; (e) e. was independently developed by the recipient; or (f) f. is required by law or regulation to be disclosed. 13.2 10.2 Each party's obligation of confidence hereunder shall be fulfilled by using at least the same degree of care with the other party's confidential information as it uses to protect its own confidential information. This obligation shall exist while this AGREEMENT Agreement is in force and for a period of 3 years thereafter.

CONFIDENTIAL INFORMATION AND PUBLICATION. 13.1 BOARD Sub-licensor and IMMUNICON Sub-licensee each agree that all information contained in documents marked "confidential" and forwarded to one by the other (i) are to be received in strict confidence, (ii) be used only for the purposes of this AGREEMENTAgreement, and (iii) not be disclosed by the recipient party, its agents or employees without the prior written consent of the other party, except to the extent that the recipient party can establish competent written proof that such information: (a) A. was in the public domain at the time of disclosure; (b) B. later became part of the public domain through no act or omission of the recipient party, it's employees, agents, successors or assigns; (c) C. was lawfully disclosed to the recipient party by a third party having the right to disclose it; (d) D. was already known by the recipient party at the time of disclosure; (e) E. was independently developed by the recipient; or (f) F. is required by law or regulation to be disclosed. 13.2 Each party's obligation of confidence hereunder shall be fulfilled by using at least the same degree of care with the other party's confidential information as it uses to protect its own confidential information. This obligation shall exist while this AGREEMENT Agreement is in force and for a period of 3 three (3) years thereafter.

CONFIDENTIAL INFORMATION AND PUBLICATION. 13.1 BOARD 12.1 Board and IMMUNICON Trinity each agree that all information contained in documents marked "“confidential" ” and forwarded to one by the other (i) are to be received in strict confidence, (ii) used only for the purposes of this AGREEMENTAgreement, and (iii) not disclosed by the recipient party, its agents or employees without the prior written consent of the other party, except to the extent that the recipient party can establish competent written proof that such information: (a) a. was in the public domain at the time of disclosure; (b) b. later became part of the public domain through no act or omission of the recipient party, it's its employees, agents, successors or assigns; (c) c. was lawfully disclosed to the recipient party by a third party having the right to disclose it; (d) d. was already known by the recipient party at the time of disclosure; (e) e. was independently developed by the recipient, as evidenced by written documentation; or (f) f. is required by law or regulation to be disclosed. 13.2 12.2 Each party's ’s obligation of confidence hereunder shall be fulfilled by using at least the same degree of care with the other party's ’s confidential information as it uses to protect its own confidential information. This obligation shall exist while this AGREEMENT Agreement is in force and for a period of 3 three (3) years thereafter.

CONFIDENTIAL INFORMATION AND PUBLICATION. 13.1 BOARD Licensor and IMMUNICON Licensee each agree that all information contained in documents marked "confidential" and forwarded to one by the other (i) are to be received in strict confidence, (ii) be used only for the purposes of this AGREEMENTAgreement, and (iii) not be disclosed by the recipient party, its agents or employees without the prior written consent of the other party, except to the extent that the recipient party can establish competent written proof that such information: (a) A. was in the public domain at the time of disclosure; (b) B. later became part of the public domain through no act or omission of the recipient party, it's employees, agents, successors or assigns; (c) C. was lawfully disclosed to the recipient party by a third party having the right to disclose it; (d) D. was already known by the recipient party at the time of disclosure; (e) E. was independently developed by the recipient; or (f) F. is required by law or regulation to be disclosed. 13.2 Each party's obligation of confidence hereunder shall be fulfilled by using at least the same degree of care with the other party's confidential information as it uses to protect its own confidential information. This obligation shall exist while this AGREEMENT Agreement is in force and for a period of 3 three (3) years thereafter.

CONFIDENTIAL INFORMATION AND PUBLICATION. 13.1 BOARD 10.1 Licensor and IMMUNICON Licensee each agree that all information contained in documents marked "“confidential" ” and forwarded to one by the other (i) are to be received in strict confidence, (ii) be used only for the purposes of this AGREEMENTAgreement, and (iii) not be disclosed by the recipient party, its agents or employees without the prior written consent of the other party, except to the extent that the recipient party can establish competent written proof that such information: (a) a. was in the public domain at the time of disclosure; (b) ; later became part of the public domain through no act or omission of the recipient party, it's ’s employees, agents, successors or assigns; (c) b. was lawfully disclosed to the recipient party by a third party having the right to disclose it; (d) c. was already known by the recipient party at the time of disclosure; (e) was independently developed by the recipient; or (f) d. is required by law or regulation to be disclosed. 13.2 10.2 Each party's ’s obligation of confidence hereunder shall be fulfilled by using at least the same degree of care with the other party's ’s confidential information as it uses to protect its own confidential information. This obligation shall exist while this AGREEMENT Agreement is in force and for a period of 3 years thereafter.

CONFIDENTIAL INFORMATION AND PUBLICATION. 13.1 BOARD 10.1 Licensor, Data and IMMUNICON Licensee each agree that all information contained in documents marked "confidential" and forwarded to one by the other (i) are to be received in strict confidence, (ii) be used only for the purposes of this AGREEMENTAgreement, and (iii) not be disclosed by the recipient party, its agents or employees without the prior written consent of the other party, except to the extent that the recipient party can establish competent written proof that such information: (a) a. was in the public domain at the time of disclosure; (b) b. later became part of the public domain through no act or omission of the recipient party, it's employees, agents, successors or assigns; (c) c. was lawfully disclosed to the recipient party by a third party having the right to disclose it; (d) d. was already known by the recipient party at the time of disclosure; (e) e. was independently developed by the recipient; or (f) f. is required by law or regulation to be disclosed. 13.2 10.2 Each party's obligation of confidence hereunder shall be fulfilled by using at least the same degree of care with the other party's confidential information as it uses to protect its own confidential information. This obligation shall exist while this AGREEMENT Agreement is in force and for a period of 3 years thereafter.

CONFIDENTIAL INFORMATION AND PUBLICATION. 13.1 BOARD bioMETRX and IMMUNICON Licensee each agree that all information contained in documents marked "confidential" and forwarded to one by the other (i) are to be received in strict confidence, (ii) be used only for the purposes of this AGREEMENTAgreement, and (iii) not be disclosed by the recipient party, its agents or employees without the prior written consent of the other party, except to the extent that the recipient party can establish competent written proof that such information: (a) a. was in the public domain at the time of disclosure; (b) b. later became part of the public domain through no act or omission of the recipient party, it's employees, agents, successors or assigns; (c) c. was lawfully disclosed to the recipient party by a third party having the right to disclose it; (d) d. was already known by the recipient party at the time of disclosure; (e) e. was independently developed by the recipient; or (f) f. is required by law or regulation to be disclosed. 13.2 . Each party's obligation of confidence hereunder shall be fulfilled by using at least the same degree of care with the other party's confidential information as it uses to protect its own confidential information. This obligation shall exist while this AGREEMENT Agreement is in force and for a period of 3 years thereafter.

CONFIDENTIAL INFORMATION AND PUBLICATION. 13.1 BOARD 10.1 Globotek and IMMUNICON Licensee each agree that all information contained in documents marked "confidential" and forwarded to one by the other (i) are to be received in strict confidence, (ii) be used only for the purposes of this AGREEMENTAgreement, and (iii) not be disclosed by the recipient party, its agents or employees without the prior written consent of the other party, except to the extent that the recipient party can establish competent written proof that such information: (a) a. was in the public domain at the time of disclosure; (b) b. later became part of the public domain through no act or omission of the recipient party, it's employees, agents, successors or assigns; (c) c. was lawfully disclosed to the recipient party by a third party having the right to disclose it; (d) d. was already known by the recipient party at the time of disclosure; (e) e. was independently developed by the recipient; or (f) f. is required by law or regulation to be disclosed. 13.2 10.2 Each party's obligation of confidence hereunder shall be fulfilled by using at least the same degree of care with the other party's confidential information as it uses to protect its own confidential information. _ This obligation shall exist while this AGREEMENT Agreement is in force and for a period of 3 years thereafter.