Common use of CONFIDENTIAL INFORMATION AND PUBLICITY Clause in Contracts

CONFIDENTIAL INFORMATION AND PUBLICITY. 12.1 In this Purchase Order, “Confidential Information” means the terms and conditions of this Purchase Order or any relevant SOW, the existence of discussions between the Parties, any and all documents, software, reports, data, records, forms and other materials obtained by one party (the “Receiving Party”) from the other party (the “Disclosing Party”) , or at the request or direction of the Disclosing Party in the course of performing the Services: (i) that have been marked as confidential; (ii) whose confidential nature has been made known by the Disclosing Party to the Receiving Party; or (iii) that due to their character and nature, a reasonable person under like circumstances would treat as confidential. 12.2 The Receiving Party may use the Confidential Information solely for the purpose of furtherance of the business relationship between the parties, as provided in this Purchase Order and shall not disclose the Confidential Information to any third party, other than to Affiliates and to employees of the Receiving Party and its Affiliates who have a need to have access to and knowledge of the Confidential Information, solely for the purpose authorized above. Each party shall take appropriate measures by instruction and agreement prior to disclosure to such employees to assure against unauthorized use or disclosure. 12.3 The Receiving Party shall have no obligation with respect to information which (i) was rightfully in possession of or known to the Receiving Party without any obligation of confidentiality prior to receiving it from the Disclosing Party; (ii) is, or subsequently becomes, legally and publicly available without breach of this Purchase Order; (iii) is rightfully obtained by the Receiving Party from a source other than the Disclosing Party without any obligation of confidentiality; (iv) is developed by or for the Receiving Party without use of the Confidential Information and such independent development can be shown by documentary evidence; (v) becomes available to the Receiving Party by wholly lawful inspection or analysis of products offered for sale; (vi) is transmitted by a party after receiving written notification from the other party that it does not desire to receive any further Confidential Information; (vii) is disclosed by the Receiving Party pursuant to a valid order issued by a court or government agency, provided that the Receiving Party provides (a) prior written notice to the Disclosing Party of such obligation and (b) the opportunity to oppose such disclosure. Upon written demand by the Disclosing Party, the Receiving Party shall: (i) cease using the Confidential Information, (ii) return the Confidential Information and all copies, notes or extracts thereof to the Disclosing Party within seven (7) days of receipt of demand, and (iii) upon request of the Disclosing Party, certify in writing that the Receiving Party has complied with the obligations set forth in this paragraph. 12.4 Each party shall retain all right, title and interest to such party's Confidential Information. No license under any trademark, patent or copyright, or application for same which are now or thereafter may be obtained by such party is either granted or implied by the conveying of Confidential Information. The Receiving Party shall not reverse-engineer, decompile, or disassemble any software disclosed to it and shall not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of Confidential Information it obtains from the Disclosing Party. WITHOUT PREJUDICE TO THE EXPRESS WARRANTIES PROVIDED ELSEWHERE IN THIS PURCHASE ORDER, CONFIDENTIAL INFORMATION IS PROVIDED "AS IS" WITH ALL FAULTS. IN NO EVENT, SHALL THE DISCLOSING PARTY BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONFIDENTIAL INFORMATION. None of the Confidential Information disclosed by the parties constitutes any representation, warranty, assurance, guarantee or inducement by either party to the other with respect to the infringement of trademarks, patents, copyrights, any right of privacy, or any rights of third persons. 12.5 Supplier shall obtain Cisco’s written consent prior to any publication, presentation, public announcement, or press release concerning its relationship as a supplier to Cisco.

CONFIDENTIAL INFORMATION AND PUBLICITY. 12.1 In this Purchase Order, “Confidential Information” means the terms and conditions of this Purchase Order or any relevant SOW, the existence of discussions between the Parties, any and all documents, software, reports, data, records, forms and other materials obtained by one party (the “Receiving Party”) from the other party (the “Disclosing Party”) , or at the request or direction of the Disclosing Party in the course of performing the Services: (i) that have been marked as confidential; (ii) whose confidential nature has been made known by the Disclosing Party to the Receiving Party; or (iii) that due to their character and nature, a reasonable person under like circumstances would treat as confidential. 12.2 The Receiving Party may use the Confidential Information solely for the purpose of furtherance of the business relationship between the parties, as provided in this Purchase Order and shall not disclose the Confidential Information to any third party, other than to Affiliates and to employees of the Receiving Party and its Affiliates who have a need to have access to and knowledge of the Confidential Information, solely for the purpose authorized above. Each party shall take appropriate measures by instruction and agreement prior to disclosure to such employees to assure against unauthorized use or disclosure. 12.3 The Receiving Party shall have no obligation with respect to information which (i) was rightfully in possession of or known to the Receiving Party without any obligation of confidentiality prior to receiving it from the Disclosing PartyDisclosingParty; (ii) is, or subsequently becomes, legally and publicly available without breach of this Purchase Order; (iii) is rightfully obtained by the Receiving Party from a source other than the Disclosing Party without any obligation of confidentiality; (iv) is developed by or for the Receiving Party without use of the Confidential Information and such independent development can be shown by documentary evidence; (v) becomes available to the Receiving Party by wholly lawful inspection or analysis of products offered for sale; (vi) is transmitted by a party after receiving written notification from the other party that it does not desire to receive any further Confidential Information; (vii) is disclosed by the Receiving Party pursuant to a valid order issued by a court or government agency, provided that the Receiving Party provides (a) prior written notice to the Disclosing Party of such obligation and (b) the opportunity to oppose such disclosure. Upon written demand by the Disclosing Party, the Receiving Party shall: (i) cease using the Confidential Information, (ii) return the Confidential Information and all copies, notes or extracts thereof to the Disclosing Party within seven (7) days of receipt of demand, and (iii) upon request of the Disclosing Party, certify in writing that the Receiving Party has complied with the obligations set forth in this paragraph. 12.4 Each party shall retain all right, title and interest to such party's Confidential Information. No license under any trademark, patent or copyright, or application for same which are now or thereafter may be obtained by such party is either granted or implied by the conveying of Confidential Information. The Receiving Party shall not reverse-engineer, decompile, or disassemble any software disclosed to it and shall not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of Confidential Information it obtains from the Disclosing Party. WITHOUT PREJUDICE TO THE EXPRESS WARRANTIES PROVIDED ELSEWHERE IN THIS PURCHASE ORDER, CONFIDENTIAL INFORMATION IS PROVIDED "AS IS" WITH ALL FAULTS. IN NO EVENT, SHALL THE DISCLOSING PARTY BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONFIDENTIAL INFORMATION. None of the Confidential Information disclosed by the parties constitutes any representation, warranty, assurance, guarantee or inducement by either party to the other with respect to the infringement of trademarks, patents, copyrights, any right of privacy, or any rights of third persons. 12.5 Supplier shall obtain Cisco’s written consent prior to any publication, presentation, public announcement, or press release concerning its relationship as a supplier to Cisco.

CONFIDENTIAL INFORMATION AND PUBLICITY. 12.1 In From time to time during the term of this Purchase OrderAgreement either party may disclose or make available to the other Confidential Information (as defined below) in connection with activities contemplated hereunder. Except as may be required by law or as may be reasonably necessary to enforce rights hereunder, “each party agrees that during the term of this Agreement and thereafter (a) it will use Confidential Information” means Information belonging to the other solely for the purpose(s) of this Agreement and (b) it will not disclose Confidential Information belonging to the other to any third party (other than its employees and/or consultants reasonably requiring such Confidential Information for purposes of this Agreement who are bound by obligations of nondisclosure and limited use at least as stringent as those contained herein) without the express prior written consent of the disclosing party. Each party further agrees that except as reasonably necessary for performance hereunder or otherwise expressly required by law, it will not publicly announce or otherwise disclose any of the terms and conditions of this Purchase Order Agreement without the express prior written consent of the other. Except as may be otherwise expressly provided in the Business Plan, or as may be required by law or reasonably necessary to enforce rights hereunder, neither party will use the name of the other in any advertising, promotional or sales materials relating to the Products, in any press release, or in any other manner whatsoever without the express prior written consent of the other. Each party will promptly return to the other upon request any Confidential Information of the other party then in its possession or under its control. The provisions of this Paragraph 3.7 will survive the expiration or any relevant SOWtermination of this Agreement. For purposes of this Agreement, the existence of discussions between the Parties"Confidential Information" means, with respect to either party, any and all documentsinformation (including, softwarebut not limited to, reportsfinancial data and information concerning products, data, records, forms customers and other materials obtained by one business operations) in any form belonging to such party (the “Receiving Party”) from the other party (the “Disclosing Party”) , or except information which at the request relevant time is (a) known to the public through no act or direction omission in violation of this Agreement, (b) furnished to the Disclosing Party in receiving party by a third party having the course of performing lawful right to do so, (c) known to the Services: receiving party prior to disclosure hereunder (ias established by written documentation thereof) that have been marked as confidential; or (iid) whose confidential nature has been made known independently developed by the Disclosing Party receiving party without reference to the Receiving Party; or (iii) that due to their character and nature, a reasonable person under like circumstances would treat as confidential. 12.2 The Receiving Party may use the Confidential Information solely for the purpose of furtherance of the business relationship between the parties, as provided in this Purchase Order and shall not disclose the Confidential Information to any third party, other than to Affiliates and to employees of the Receiving Party and its Affiliates who have a need to have access to and knowledge of the Confidential Information, solely for the purpose authorized above. Each party shall take appropriate measures by instruction and agreement prior to disclosure to such employees to assure against unauthorized use or disclosure. 12.3 The Receiving Party shall have no obligation with respect to information which (i) was rightfully in possession of or known to the Receiving Party without any obligation of confidentiality prior to receiving it from the Disclosing Party; (ii) is, or subsequently becomes, legally and publicly available without breach of this Purchase Order; (iii) is rightfully obtained by the Receiving Party from a source other than the Disclosing Party without any obligation of confidentiality; (iv) is developed by or for the Receiving Party without use of the Confidential Information and such independent development can be shown by documentary evidence; (v) becomes available to the Receiving Party by wholly lawful inspection or analysis of products offered for sale; (vi) is transmitted by a party after receiving written notification from the other party that it does not desire to receive any further Confidential Information; (vii) is disclosed by the Receiving Party pursuant to a valid order issued by a court or government agency, provided that the Receiving Party provides (a) prior written notice to the Disclosing Party of such obligation and (b) the opportunity to oppose such disclosure. Upon written demand by the Disclosing Party, the Receiving Party shall: (i) cease using the Confidential Information, (ii) return the Confidential Information and all copies, notes or extracts thereof to the Disclosing Party within seven (7) days of receipt of demand, and (iii) upon request of the Disclosing Party, certify in writing that the Receiving Party has complied with the obligations set forth in this paragraph. 12.4 Each party shall retain all right, title and interest to such party's Confidential Information. No license under any trademark, patent or copyright, or application for same which are now or thereafter may be obtained by such party is either granted or implied by the conveying of Confidential Information. The Receiving Party shall not reverse-engineer, decompile, or disassemble any software disclosed to it and shall not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of Confidential Information it obtains from the Disclosing Party. WITHOUT PREJUDICE TO THE EXPRESS WARRANTIES PROVIDED ELSEWHERE IN THIS PURCHASE ORDER, CONFIDENTIAL INFORMATION IS PROVIDED "AS IS" WITH ALL FAULTS. IN NO EVENT, SHALL THE DISCLOSING PARTY BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONFIDENTIAL INFORMATION. None of the Confidential Information disclosed by the parties constitutes any representation, warranty, assurance, guarantee or inducement by either party to the other with respect to the infringement of trademarks, patents, copyrights, any right of privacy, or any rights of third persons. 12.5 Supplier shall obtain Cisco’s written consent prior to any publication, presentation, public announcement, or press release concerning its relationship as a supplier to Cisco.12

CONFIDENTIAL INFORMATION AND PUBLICITY. 12.1 In this Purchase Order6.1 Subject to Section 6.2 and 6.3 below, “Confidential Information” means during the terms and conditions term of this Purchase Order Agreement and for a period often years following the expiration or termination for any relevant SOW, the existence reason of discussions between the Parties, any and all documents, software, reports, data, records, forms and other materials obtained by one party (the “Receiving Party”) from the other party (the “Disclosing Party”) , or at the request or direction of the Disclosing this Agreement each Party in the course of performing the Services: agrees that it will not (i) that have been marked as confidential; disclose to any Third Party any Confidential Information of the other Party received in relation to this Agreement during the Term, (ii) whose confidential nature has been made known by the Disclosing Party use such Confidential Information for any purpose other than in accordance with its rights hereunder and to the Receiving Party; carry out its obligations under this Agreement, or (iii) that due disclose such Confidential Information to their character or permit its use by any person other than such of the receiving Party's officers, employees, sub-contractors and nature, a reasonable person under like circumstances would treat as confidential. 12.2 The Receiving Party may use agents who reasonably require access to the Confidential Information solely for the purpose of furtherance of the business relationship between the parties, as provided in carrying out its rights and obligations under this Purchase Order Agreement and shall not disclose the Confidential Information to any third party, other than to Affiliates and to employees of the Receiving Party and its Affiliates who have a need to have access to and knowledge of the Confidential Information, solely for the purpose authorized above. Each party shall take appropriate measures by instruction and agreement prior to disclosure to such employees to assure against unauthorized use or disclosure. 12.3 The Receiving Party shall have no an enforceable legal obligation with respect to information which (i) was rightfully in possession of or known to the Receiving receiving Party without any obligation of confidentiality prior to receiving it from the Disclosing Party; (ii) is, or subsequently becomes, legally and publicly available without breach of this Purchase Order; (iii) is rightfully obtained by the Receiving Party from a source other than the Disclosing Party without any obligation of confidentiality; (iv) is developed by or for the Receiving Party without non-use of the Confidential Information and such independent development can be shown by documentary evidence; (v) becomes available substantially similar to the Receiving terms hereof. 6.2 The foregoing notwithstanding, the Confidential Information may be disclosed by the receiving Party in the event that it is required to do so by wholly lawful inspection operation of law or analysis of products offered for sale; (vi) is transmitted by a party after receiving governmental authority, but only to the extent that such disclosure has been so required or requested and provided that the disclosing Party has been given prompt notice to enable it to seek legal protection or confidential treatment of the Confidential Information. 6.3 Absent written notification authorization from the other party that it does not desire to receive any further Confidential Information; (vii) is disclosed by the Receiving Party pursuant to a valid order issued by a court or government agency, provided that the Receiving Party provides (a) prior written notice to the Disclosing Party of such obligation and (b) the opportunity to oppose such disclosure. Upon written demand by the Disclosing Party, the Receiving Party shall: (i) cease using the Confidential Informationneither Xanodyne nor Manufacturer shall originate any publicity, (ii) return the Confidential Information and all copies, notes news release or extracts thereof to the Disclosing Party within seven (7) days of receipt of demand, and (iii) upon request of the Disclosing Party, certify in writing that the Receiving Party has complied with the obligations set forth in this paragraph. 12.4 Each party shall retain all right, title and interest to such party's Confidential Information. No license under any trademark, patent or copyright, or application for same which are now or thereafter may be obtained by such party is either granted or implied by the conveying of Confidential Information. The Receiving Party shall not reverse-engineer, decompile, or disassemble any software disclosed to it and shall not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of Confidential Information it obtains from the Disclosing Party. WITHOUT PREJUDICE TO THE EXPRESS WARRANTIES PROVIDED ELSEWHERE IN THIS PURCHASE ORDER, CONFIDENTIAL INFORMATION IS PROVIDED "AS IS" WITH ALL FAULTS. IN NO EVENT, SHALL THE DISCLOSING PARTY BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONFIDENTIAL INFORMATION. None of the Confidential Information disclosed by the parties constitutes any representation, warranty, assurance, guarantee or inducement by either party to the other with respect to the infringement of trademarks, patents, copyrights, any right of privacy, or any rights of third persons. 12.5 Supplier shall obtain Cisco’s written consent prior to any publication, presentation, public announcement, written or press release concerning oral, whether to the public or press, relating to this Agreement including its relationship existence, the subject matter to which it relates or performance under it save only such announcement as a supplier in the opinion of counsel for the Party making such announcement is required by law to Ciscobe made. Any such announcements shall be factual and as brief as possible.

CONFIDENTIAL INFORMATION AND PUBLICITY. 12.1 In this Purchase Order(a) Each party agrees, “Confidential Information” means and will cause its affiliates, to keep confidential and not to publish (by press release, press interview, analyst call, or otherwise) or otherwise divulge or use for its own benefit or for the benefit of any third party any information of a confidential [****] A CONFIDENTIAL PORTION OF THE MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. or proprietary nature furnished to it by the other party, or the existence and terms and conditions of this Purchase Order Agreement or the existence or results of the parties’ collaboration hereunder, without the prior written approval of the other party, except to those of such party’s employees and representatives as may need to know such information for purposes of the transactions contemplated by the parties’ agreements, and except as required by applicable law or by obligations pursuant to any relevant SOWlisting agreement with or rules of any trading market for either party. In the event of any such required disclosure, the existence of discussions between the Parties, any and all documents, software, reports, data, records, forms and other materials obtained by one disclosing party will (the “Receiving Party”i) from provide the other party (the “Disclosing Party”) , or at the request or direction with written notice of the Disclosing Party required disclosure at least 24 hours in advance of such disclosure if practicable under the course of performing the Services: (i) that have been marked as confidential; circumstances, and (ii) whose limit such disclosure to the minimum required under the applicable law or obligations, whether through a request for confidential nature has been made treatment or otherwise. The confidentiality obligation described above shall not apply to information of the other party which: (x) was already known by the Disclosing Party recipient prior to the Receiving Partytime of its disclosure by the disclosing party to the recipient; (y) is publicly available or later becomes publicly available through no fault of the recipient; or (iiiz) that due is disclosed to their character and nature, the recipient by a reasonable person under like circumstances would treat as confidentialthird party having no similar confidentiality obligation. 12.2 The Receiving Party may use (b) Subject to the Confidential Information solely for limitations and prohibitions of Section 14(a) and except to the purpose of furtherance of extent that any public announcement is consistent with prior public announcements approved by SJM and Cambridge and which remain accurate, any public announcement, including any announcement to employees, customers, suppliers or others having dealings with Cambridge, or similar publicity with respect to this Agreement, the business transactions contemplated by this Agreement, the Products or any other matters related to the relationship between the parties, will be issued, if at all, at such time and in such manner as provided in this Purchase Order SJM and Cambridge shall consent, which consent shall not disclose the Confidential Information to any third party, other than to Affiliates and to employees of the Receiving Party and its Affiliates who have a need to have access to and knowledge of the Confidential Information, solely for the purpose authorized above. Each party shall take appropriate measures by instruction and agreement prior to disclosure to such employees to assure against unauthorized use or disclosurebe unreasonably withheld. 12.3 The Receiving Party shall have no obligation with respect to information which (i) was rightfully in possession of or known to the Receiving Party without any obligation of confidentiality prior to receiving it from the Disclosing Party; (ii) is, or subsequently becomes, legally and publicly available without breach of this Purchase Order; (iii) is rightfully obtained by the Receiving Party from a source other than the Disclosing Party without any obligation of confidentiality; (iv) is developed by or for the Receiving Party without use of the Confidential Information and such independent development can be shown by documentary evidence; (v) becomes available to the Receiving Party by wholly lawful inspection or analysis of products offered for sale; (vi) is transmitted by a party after receiving written notification from the other party that it does not desire to receive any further Confidential Information; (vii) is disclosed by the Receiving Party pursuant to a valid order issued by a court or government agency, provided that the Receiving Party provides (a) prior written notice to the Disclosing Party of such obligation and (b) the opportunity to oppose such disclosure. Upon written demand by the Disclosing Party, the Receiving Party shall: (i) cease using the Confidential Information, (ii) return the Confidential Information and all copies, notes or extracts thereof to the Disclosing Party within seven (7) days of receipt of demand, and (iii) upon request of the Disclosing Party, certify in writing that the Receiving Party has complied with the obligations set forth in this paragraph. 12.4 Each party shall retain all right, title and interest to such party's Confidential Information. No license under any trademark, patent or copyright, or application for same which are now or thereafter may be obtained by such party is either granted or implied by the conveying of Confidential Information. The Receiving Party shall not reverse-engineer, decompile, or disassemble any software disclosed to it and shall not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of Confidential Information it obtains from the Disclosing Party. WITHOUT PREJUDICE TO THE EXPRESS WARRANTIES PROVIDED ELSEWHERE IN THIS PURCHASE ORDER, CONFIDENTIAL INFORMATION IS PROVIDED "AS IS" WITH ALL FAULTS. IN NO EVENT, SHALL THE DISCLOSING PARTY BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONFIDENTIAL INFORMATION. None of the Confidential Information disclosed by the parties constitutes any representation, warranty, assurance, guarantee or inducement by either party to the other with respect to the infringement of trademarks, patents, copyrights, any right of privacy, or any rights of third persons. 12.5 Supplier shall obtain Cisco’s written consent prior to any publication, presentation, public announcement, or press release concerning its relationship as a supplier to Cisco.

CONFIDENTIAL INFORMATION AND PUBLICITY. 12.1 In this 11.1 Each party will protect the Confidential Information of the other party from misappropriation and unauthorized use or disclosure using precautions at least as great as those taken to protect its own Confidential Information of a similar nature and as required by applicable law, but in no event less than commercially reasonable precautions. Without limiting the foregoing, the receiving party will: (i) use such Confidential Information solely for the purposes for which it has been disclosed; and (ii) disclose such Confidential Information only to those of its employees who have a need to know the same for the purpose of performing the Work under the Purchase Order and who are informed of and agree to a duty of nondisclosure. The receiving party may also disclose Confidential Information of the disclosing party to the extent necessary to comply with applicable law, provided that the receiving party uses reasonable efforts to give the disclosing party prompt advance notice thereof. 11.2 Upon request of the other party, or in any event immediately upon any termination or expiration of the Purchase Order, “each party will return to the other party or destroy (and certify the same) all materials, in any medium, which contain, embody, reflect or reference all or any part of any Confidential Information” means Information of the terms and conditions other party. 11.3 Neither party will disclose this Purchase Order or the transactions contemplated herein, or make any filing of this Purchase Order or any relevant SOWother agreements relating to the transactions contemplated herein, without the existence consent of discussions between the Partiesother; provided, any and however, that if a party is required by applicable law, rule or regulation of a governmental authority or self-governing regulatory organization to provide public disclosure of this Purchase Order or the transactions contemplated herein, such party will use all documents, software, reports, data, records, forms and other materials obtained by one party (reasonable efforts to coordinate the “Receiving Party”) from disclosure with the other party before making such disclosure, including the submission to or filings with the U.S. Securities and Exchange Commission (and any other applicable regulatory, judicial or listing authority) of an application for confidential treatment of certain terms (which terms will be reasonably agreed upon by the “Disclosing Party”parties) of this agreement. Each party will use all reasonable efforts to provide to the other for review a copy of any proposed disclosure of this Purchase Order or its terms and any application for confidential treatment prior to the time any such disclosure or application is made and the parties will work together to mutually approve such disclosure or application. 11.4 Seller agrees that it will not, or at the request or direction without prior written consent of the Disclosing Party in the course of performing the ServicesXxxxx Xxxxxx: (i) that have been marked as confidentialuse in advertising, publicity, or otherwise the name, trademarks or logos of Xxxxx Lauren; (ii) whose confidential nature has been made known by the Disclosing Party refer to the Receiving Partyexistence of this Purchase Order in press releases, advertising, or materials distributed to prospective customers; or (iii) represent that due to their character and nature, a reasonable person under like circumstances would treat as confidentialSeller or the Work has been endorsed or approved by Xxxxx Xxxxxx. 12.2 The Receiving Party may use the Confidential Information solely for the purpose of furtherance of the business relationship between the parties, as provided in this Purchase Order and shall not disclose the Confidential Information to any third party, other than to Affiliates and to employees of the Receiving Party and its Affiliates who have a need to have access to and knowledge of the Confidential Information, solely for the purpose authorized above. Each party shall take appropriate measures by instruction and agreement prior to disclosure to such employees to assure against unauthorized use or disclosure. 12.3 The Receiving Party shall have no obligation with respect to information which (i) was rightfully in possession of or known to the Receiving Party without any obligation of confidentiality prior to receiving it from the Disclosing Party; (ii) is, or subsequently becomes, legally and publicly available without breach of this Purchase Order; (iii) is rightfully obtained by the Receiving Party from a source other than the Disclosing Party without any obligation of confidentiality; (iv) is developed by or for the Receiving Party without use of the Confidential Information and such independent development can be shown by documentary evidence; (v) becomes available to the Receiving Party by wholly lawful inspection or analysis of products offered for sale; (vi) is transmitted by a party after receiving written notification from the other party that it does not desire to receive any further Confidential Information; (vii) is disclosed by the Receiving Party pursuant to a valid order issued by a court or government agency, provided that the Receiving Party provides (a) prior written notice to the Disclosing Party of such obligation and (b) the opportunity to oppose such disclosure. Upon written demand by the Disclosing Party, the Receiving Party shall: (i) cease using the Confidential Information, (ii) return the Confidential Information and all copies, notes or extracts thereof to the Disclosing Party within seven (7) days of receipt of demand, and (iii) upon request of the Disclosing Party, certify in writing that the Receiving Party has complied with the obligations set forth in this paragraph. 12.4 Each party shall retain all right, title and interest to such party's Confidential Information. No license under any trademark, patent or copyright, or application for same which are now or thereafter may be obtained by such party is either granted or implied by the conveying of Confidential Information. The Receiving Party shall not reverse-engineer, decompile, or disassemble any software disclosed to it and shall not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of Confidential Information it obtains from the Disclosing Party. WITHOUT PREJUDICE TO THE EXPRESS WARRANTIES PROVIDED ELSEWHERE IN THIS PURCHASE ORDER, CONFIDENTIAL INFORMATION IS PROVIDED "AS IS" WITH ALL FAULTS. IN NO EVENT, SHALL THE DISCLOSING PARTY BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONFIDENTIAL INFORMATION. None of the Confidential Information disclosed by the parties constitutes any representation, warranty, assurance, guarantee or inducement by either party to the other with respect to the infringement of trademarks, patents, copyrights, any right of privacy, or any rights of third persons. 12.5 Supplier shall obtain Cisco’s written consent prior to any publication, presentation, public announcement, or press release concerning its relationship as a supplier to Cisco.

CONFIDENTIAL INFORMATION AND PUBLICITY. 12.1 In 7.1 Subject to Sections 7.2 and 7.4 below, each Party agrees that it will not disclose to any Third Party any Confidential Information received in relation to this Purchase Order, “Confidential Information” means Agreement during the terms and conditions term of this Purchase Order Agreement and for a period of [ * ] years following the expiration or termination for any relevant SOW, the existence reason of discussions between the Parties, any and all documents, software, reports, data, records, forms and other materials obtained by one party (the “Receiving Party”) from the other party (the “Disclosing Party”) this Agreement, or at the request or direction of the Disclosing Party in the course case of performing Know-How, in perpetuity until such Know-How ceases to be Confidential Information of NxStage or Axxxxx, as the Services: case may be, and that it will not (i) that have been marked as confidential; use such information for any purpose other than in accordance with its rights hereunder and to carry out its obligations under this Agreement or (ii) whose confidential nature has been made known disclose such information to or permit its use by any person other than such of the Disclosing Party receiving Party’s permitted officers, employees and agents who reasonably require access to the Receiving Party; or (iii) that due to their character and nature, a reasonable person under like circumstances would treat as confidential. 12.2 The Receiving Party may use the Confidential Information solely for the purpose of furtherance of the business relationship between the parties, as provided in carrying out such Party’s rights and obligations under this Purchase Order Agreement and shall not disclose the Confidential Information to any third party, other than to Affiliates and to employees of the Receiving Party and its Affiliates who have a need to have access to and knowledge of the Confidential Information, solely for the purpose authorized above. Each party shall take appropriate measures by instruction and agreement prior to disclosure to such employees to assure against unauthorized use or disclosure. 12.3 The Receiving Party shall have no an enforceable legal obligation with respect to information which (i) was rightfully in possession of or known to the Receiving receiving Party without any obligation of confidentiality prior to receiving it from the Disclosing Party; (ii) is, or subsequently becomes, legally and publicly available without breach of this Purchase Order; (iii) is rightfully obtained by the Receiving Party from a source other than the Disclosing Party without any obligation of confidentiality; (iv) is developed by or for the Receiving Party without non-use of the Confidential Information and such independent development can no less onerous than the terms hereof. The Parties agree that they shall use best efforts to avoid the disclosure of Know How to each other. In the event that Know How needs to be shown by documentary evidence; (v) becomes available disclosed pursuant to the Receiving terms hereof, such Know How shall be identified in writing as “Know How” prior to its disclosure. If Know How is inadvertently disclosed, the disclosing Party by wholly lawful inspection or analysis of products offered for sale; (vi) is transmitted by a party after receiving written notification from the other party that it does not desire to receive any further Confidential Information; (vii) is disclosed by the Receiving Party pursuant to a valid order issued by a court or government agency, provided that the Receiving Party provides (a) prior shall promptly provide written notice to the Disclosing receiving Party of such obligation and (b) inadvertent disclosure promptly upon becoming aware of it, with such notice including an identification of the opportunity to oppose such disclosure. Upon written demand by the Disclosing PartyKnow How disclosed. 7.2 The foregoing notwithstanding, the Receiving Party shall: (i) cease using the Confidential Information, (ii) return the Confidential Information and all copiesmay be disclosed by the receiving Party in the event that it is required to do so by operation of law or by a governmental authority, notes or extracts thereof but only to the Disclosing Party within seven (7) days of receipt of demand, extent that such disclosure has been so required or requested and (iii) upon request of the Disclosing Party, certify in writing provided that the Receiving disclosing Party has complied with the obligations set forth has, where possible, been given notice a reasonable amount of time in this paragraph. 12.4 Each party shall retain all right, title and interest advance to enable it to seek legal protection or confidential treatment of such party's Confidential Information. No license under any trademark, patent or copyright, or application for same which are now or thereafter may be obtained by such party is either granted or implied by the conveying of Confidential Information. The Receiving receiving Party shall not reverse-engineeralso consult with the disclosing Party, decompileand include the disclosing Party’s reasonable suggestions, or disassemble in connection with any software disclosed Freedom of Information Act request relating to it and shall not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of Confidential Information it obtains from the Disclosing Party. WITHOUT PREJUDICE TO THE EXPRESS WARRANTIES PROVIDED ELSEWHERE IN THIS PURCHASE ORDER, CONFIDENTIAL INFORMATION IS PROVIDED "AS IS" WITH ALL FAULTS. IN NO EVENT, SHALL THE DISCLOSING PARTY BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONFIDENTIAL INFORMATION. None of the Confidential Information of the disclosing Party. 7.3 For the purposes of this Agreement, Axxxxx Know-How and NxStage Know-How disclosed by hereunder shall be deemed Confidential Information of Axxxxx and NxStage, respectively. 7.4 Absent written consent from the parties constitutes other Party, which consent shall not be unreasonably withheld or delayed, neither Axxxxx nor NxStage shall originate any representationpublicity, warrantynews release or public announcement, assurancewritten or oral, guarantee or inducement by either party whether to the public or press (“Announcement”), relating to performance under this Agreement or any of its terms, except where, in the opinion of counsel for the Party making such Announcement, it is required by law to be made. In the event that such disclosure is required, as aforesaid, the disclosing Party shall make reasonable efforts to provide the other Party with notice beforehand and to coordinate with the other Party to the maximum extent possible with respect to the infringement wording and timing of trademarksany such disclosure. The Parties shall mutually agree on a press release announcing the execution of this Agreement. Notwithstanding the foregoing, patentsAxxxxx is in no way restricted from making Announcements relating to the Product and Axxxxx may, copyrightsin its sole discretion, any right of privacy, or any rights of third persons. 12.5 Supplier shall obtain Cisco’s make such Announcements without written consent from NxStage so long as an Announcement does not reference NxStage’s name. Notwithstanding the foregoing, the Parties agree that either Party can make disclosures relating to this Agreement or the activities conducted hereunder, without the other Party’s prior to any publicationwritten consent, presentationas required by Applicable Laws, public announcement, or press release concerning its relationship as a supplier to Ciscoincluding securities laws.

CONFIDENTIAL INFORMATION AND PUBLICITY. 12.1 In this 11.1 If Navico and Supplier have entered into a Non-Disclosure Agreement (“NDA”) which covers disclosure of confidential information under the Purchase Order, “and if the term of the NDA expires before the expiration or termination of the Purchase Order, then the term of the NDA shall be automatically extended to match the term of the Purchase Order. 11.2 The parties shall treat the terms, conditions, and existence of the Purchase Order as Confidential Information as defined in the NDA. 11.3 If Navico and Supplier have not entered into any NDA as described in Section 11.1, then the provisions of this Section 11.3 shall control disclosure of confidential information under the Purchase Order. Supplier acknowledges and agrees that Navico's business and future success depends on the preservation of the trade secrets and other confidential information of Navico and its affiliates, licensors, suppliers, customers and prospective customers ("Confidential Information” means "). The Confidential Information includes, without limitation, the terms Deliverables and conditions all specifications, drawings, prototypes, technical information, patent applications and information, procedural and business and financial information, product and marketing plans, personnel information, know-how and any ideas, concepts, product, methods, inventions, procedures or information that are proprietary to Navico, its affiliates, its licensors or its actual or prospective suppliers of this customers or that Navico is required to keep confidential, whether developed by or provided to Supplier. Supplier agrees to protect and to preserve as confidential during and after the term of the Purchase Order or any relevant SOW, the existence of discussions between the Parties, any and all documents, software, reports, data, records, forms and other materials obtained by one party (the “Receiving Party”) from the other party (the “Disclosing Party”) , or at the request or direction of the Disclosing Party in the course of performing the Services: (i) that have been marked as confidential; (ii) whose confidential nature has been made known by the Disclosing Party to the Receiving Party; or (iii) that due to their character and nature, a reasonable person under like circumstances would treat as confidential. 12.2 The Receiving Party may use the Confidential Information solely for the purpose of furtherance of the business relationship between the parties, as provided in this Purchase Order and shall not disclose the Confidential Information at any time known to any third party, other than Supplier. Supplier agrees to Affiliates and to employees of the Receiving Party and its Affiliates who have a need to have access to and knowledge of the Confidential Information, solely for the purpose authorized above. Each party shall take appropriate measures by instruction action to protect and agreement prior to disclosure to such employees to assure against unauthorized use or disclosure. 12.3 The Receiving Party shall have no obligation with respect to information which (i) was rightfully in possession of or known to preserve the Receiving Party without any obligation of confidentiality prior to receiving it from the Disclosing Party; (ii) is, or subsequently becomes, legally and publicly available without breach of this Purchase Order; (iii) is rightfully obtained by the Receiving Party from a source other than the Disclosing Party without any obligation of confidentiality; (iv) is developed by or for the Receiving Party without use of the Confidential Information and at a minimum to utilize the same effort to safeguard such independent development can be shown by documentary evidence; (v) becomes available to the Receiving Party by wholly lawful inspection or analysis of products offered for sale; (vi) is transmitted by a party after receiving written notification from the other party that it does not desire to receive any further Confidential Information; (vii) is disclosed by the Receiving Party pursuant to a valid order issued by a court or government agency, provided that the Receiving Party provides (a) prior written notice to the Disclosing Party of such obligation and (b) the opportunity to oppose such disclosure. Upon written demand by the Disclosing Party, the Receiving Party shall: (i) cease using the Confidential Information, (ii) return the Confidential Information and all copies, notes as it utilizes to protect its own confidential or extracts thereof to the Disclosing Party within seven (7) days of receipt of demand, and (iii) upon request of the Disclosing Party, certify in writing that the Receiving Party has complied with the obligations set forth in this paragraph. 12.4 Each party shall retain all right, title and interest to such party's Confidential Informationproprietary information. No license under any trademark, patent or copyright, or application for same which are now or thereafter may be obtained by such party is either granted or implied by the conveying of Confidential Information. The Receiving Party Supplier shall not reverse-engineer, decompile, or disassemble disclose any software disclosed to it and shall not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of Confidential Information it obtains from the Disclosing Party. WITHOUT PREJUDICE TO THE EXPRESS WARRANTIES PROVIDED ELSEWHERE IN THIS PURCHASE ORDER, CONFIDENTIAL INFORMATION IS PROVIDED "AS IS" WITH ALL FAULTS. IN NO EVENT, SHALL THE DISCLOSING PARTY BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONFIDENTIAL INFORMATION. None of the Confidential Information disclosed without the prior written consent of Navico, and Supplier shall neither use nor allow others to use any of the Confidential Information for any purpose other than for the sole benefit of Navico as authorized by the parties constitutes Purchase Order, unless specifically approved in writing in advance by Navico. Supplier's obligation under this Section 11.3 shall survive any representationcompletion or termination of the Purchase Order. Because a violation by Supplier of the provisions of this Section 11.3 could cause irreparable injury to Navico and there is no remedy at law for such violation, warrantyNavico shall be entitled, assurancein addition to all other remedies available at law or in equity, guarantee or inducement by either party to the other with respect to the infringement of trademarksequitable relief, patentsincluding injunction and specific performance without posting a bond, copyrights, as a remedy for any right of privacy, or any rights of third personssuch violations. 12.5 11.4 Supplier shall obtain CiscoNavico’s written consent prior to any publication, presentation, public announcement, or press release concerning its relationship as a supplier to CiscoNavico.

CONFIDENTIAL INFORMATION AND PUBLICITY. 12.1 In this 11.1 Each party will protect the Confidential Information of the other party from misappropriation and unauthorized use or disclosure using precautions at least as great as those taken to protect its own Confidential Information of a similar nature and as required by applicable law, but in no event less than commercially reasonable precautions. Without limiting the foregoing, the receiving party will: (i) use such Confidential Information solely for the purposes for which it has been disclosed; and (ii) disclose such Confidential Information only to those of its employees who have a need to know the same for the purpose of performing the Work under the Purchase Order and who are informed of and agree to a duty of nondisclosure. The receiving party may also disclose Confidential Information of the disclosing party to the extent necessary to comply with applicable law, provided that the receiving party uses reasonable efforts to give the disclosing party prompt advance notice thereof. 11.2 Upon request of the other party, or in any event immediately upon any termination or expiration of the Purchase Order, “each party will return to the other party or destroy (and certify the same) all materials, in any medium, which contain, embody, reflect or reference all or any part of any Confidential Information” means Information of the terms and conditions other party. 11.3 Neither party will disclose this Purchase Order or the transactions contemplated herein, or make any filing of this Purchase Order or any relevant SOWother agreements relating to the transactions contemplated herein, without the existence consent of discussions between the Partiesother; provided, any and however, that if a party is required by applicable law, rule or regulation of a governmental authority or self-governing regulatory organization to provide public disclosure of this Purchase Order or the transactions contemplated herein, such party will use all documents, software, reports, data, records, forms and other materials obtained by one party (reasonable efforts to coordinate the “Receiving Party”) from disclosure with the other party before making such disclosure, including the submission to or filings with the U.S. Securities and Exchange Commission (and any other applicable regulatory, judicial or listing authority) of an application for confidential treatment of certain terms (which terms will be reasonably agreed upon by the “Disclosing Party”parties) of this agreement. Each party will use all reasonable efforts to provide to the other for review a copy of any proposed disclosure of this Purchase Order or its terms and any application for confidential treatment prior to the time any such disclosure or application is made and the parties will work together to mutually approve such disclosure or application. 11.4 Seller agrees that it will not, or at the request or direction without prior written consent of the Disclosing Party in the course of performing the ServicesXxxxx Xxxxxx: (i) that have been marked as confidentialuse in advertising, publicity, or otherwise the name, trademarks or logos of Xxxxx Xxxxxx; (ii) whose confidential nature has been made known by the Disclosing Party refer to the Receiving Partyexistence of this Purchase Order in press releases, advertising, or materials distributed to prospective customers; or (iii) represent that due to their character and nature, a reasonable person under like circumstances would treat as confidentialSeller or the Work has been endorsed or approved by Xxxxx Xxxxxx. 12.2 The Receiving Party may use the Confidential Information solely for the purpose of furtherance of the business relationship between the parties, as provided in this Purchase Order and shall not disclose the Confidential Information to any third party, other than to Affiliates and to employees of the Receiving Party and its Affiliates who have a need to have access to and knowledge of the Confidential Information, solely for the purpose authorized above. Each party shall take appropriate measures by instruction and agreement prior to disclosure to such employees to assure against unauthorized use or disclosure. 12.3 The Receiving Party shall have no obligation with respect to information which (i) was rightfully in possession of or known to the Receiving Party without any obligation of confidentiality prior to receiving it from the Disclosing Party; (ii) is, or subsequently becomes, legally and publicly available without breach of this Purchase Order; (iii) is rightfully obtained by the Receiving Party from a source other than the Disclosing Party without any obligation of confidentiality; (iv) is developed by or for the Receiving Party without use of the Confidential Information and such independent development can be shown by documentary evidence; (v) becomes available to the Receiving Party by wholly lawful inspection or analysis of products offered for sale; (vi) is transmitted by a party after receiving written notification from the other party that it does not desire to receive any further Confidential Information; (vii) is disclosed by the Receiving Party pursuant to a valid order issued by a court or government agency, provided that the Receiving Party provides (a) prior written notice to the Disclosing Party of such obligation and (b) the opportunity to oppose such disclosure. Upon written demand by the Disclosing Party, the Receiving Party shall: (i) cease using the Confidential Information, (ii) return the Confidential Information and all copies, notes or extracts thereof to the Disclosing Party within seven (7) days of receipt of demand, and (iii) upon request of the Disclosing Party, certify in writing that the Receiving Party has complied with the obligations set forth in this paragraph. 12.4 Each party shall retain all right, title and interest to such party's Confidential Information. No license under any trademark, patent or copyright, or application for same which are now or thereafter may be obtained by such party is either granted or implied by the conveying of Confidential Information. The Receiving Party shall not reverse-engineer, decompile, or disassemble any software disclosed to it and shall not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of Confidential Information it obtains from the Disclosing Party. WITHOUT PREJUDICE TO THE EXPRESS WARRANTIES PROVIDED ELSEWHERE IN THIS PURCHASE ORDER, CONFIDENTIAL INFORMATION IS PROVIDED "AS IS" WITH ALL FAULTS. IN NO EVENT, SHALL THE DISCLOSING PARTY BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONFIDENTIAL INFORMATION. None of the Confidential Information disclosed by the parties constitutes any representation, warranty, assurance, guarantee or inducement by either party to the other with respect to the infringement of trademarks, patents, copyrights, any right of privacy, or any rights of third persons. 12.5 Supplier shall obtain Cisco’s written consent prior to any publication, presentation, public announcement, or press release concerning its relationship as a supplier to Cisco.