Common use of Confidentiality and Exceptions Clause in Contracts

Confidentiality and Exceptions. During the Term of this Agreement and for a period of ten (10) years thereafter, each party hereto shall maintain in confidence and not use or disclose to others for any purpose, other than to its employees or agents (which agents shall enter into a confidentiality agreement incorporating similar terms as set forth herein or be otherwise reasonably acceptable to the other party) with a need to know such information to perform such party’s obligations under this Agreement or other than as expressly authorized in this Agreement, the content of the transactions contemplated herein, all technology including Molecular Insight Pharmaceuticals Background Technology, Nordion Background Technology and improvements thereto, and other information disclosed to such party by the other party which is identified as “Confidential Information” by the disclosing party (collectively “Confidential Information”). This obligation of confidentiality shall not apply to the extent that it can be established by the party in receipt of such information, that the information: (i) was already known to the receiving party at the time of disclosure; (ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure; (iii) became generally available to the public or otherwise part of the public domain after its disclosure to the receiving party through no act or omission of the receiving party; (iv) was disclosed to the receiving party by a third party who was not known to the receiving party to have obligations restricting disclosure of such information; or (v) was independently developed by the receiving party without any use of Confidential Information of the disclosing party. Each party agrees that it will take the same degree of care to protect the confidentiality of the other party’s Confidential Information as it takes to protect its own proprietary and confidential information, which shall in no event be less than commercially reasonable. Each party, and its employees and agents shall protect and keep confidential and shall not use, publish or otherwise disclose to any third party, except as permitted by this Agreement, or with the other party’s written consent, the other party’s Confidential Information. All Confidential Information supplied by one party to the other to assist in carrying out the obligations hereunder shall remain the property of such party and shall be returned to the other party upon termination or expiration of this Agreement.

Confidentiality and Exceptions. During the Term term of this Agreement and for a period of ten (10) years thereafter, each party hereto shall maintain in confidence and not use or disclose to others for any purpose, other than to its employees or agents (which agents shall enter into a confidentiality agreement incorporating similar terms as set forth herein or be otherwise reasonably acceptable to the other party) with a need to know such information to perform such party’s obligations under this Agreement or other than as expressly authorized in this Agreement, the content of the transactions contemplated herein, all technology including Molecular Insight Pharmaceuticals Background Technology, Nordion Background Technology and improvements thereto, Nordion proprietary technology, Molecular Insight Pharmaceuticals proprietary technology, trade secrets, know-how, data, processes, methods, techniques, formulas and test data (collectively "Confidential Information") and other information disclosed to such party by the other party which is identified as “"Confidential Information” information" by the disclosing party (collectively “Confidential Information”)party. This obligation of confidentiality shall not apply to the extent that it can be established by the party in receipt of such information, that the information: (i) was already known to the receiving party at the time of disclosure; (ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure; (iii) became generally available to the public or otherwise part of the public domain after its disclosure to the receiving party through no act or omission of the receiving party; (iv) was disclosed to the receiving party by a third party who was not known or ought to be known to the receiving party to have obligations restricting disclosure of such information; or (v) was independently developed by the receiving party without any use of Confidential Information of the disclosing party. Each party agrees that it will take the same degree of care steps to protect the confidentiality of the other party’s 's Confidential Information as it takes to protect its own proprietary and confidential information, which shall in no event be less than commercially reasonablereasonable steps. Each party, and its employees and agents shall protect and keep confidential and shall not use, publish or otherwise disclose to any third party, except as permitted by this Agreement, as necessary to perform its obligations hereunder, or with the other party’s 's written consent, the other party’s 's Confidential Information. It is agreed that disclosure of data, information or technology by Molecular Insight Pharmaceuticals or Nordion to the other under this Agreement shall not constitute any grant, option or license under any patent, technology or other rights, held by Molecular Insight Pharmaceuticals or Nordion. Any use of the data, information and technology provided by Molecular Insight Pharmaceuticals to Nordion which relates to Precursor, Reference Standards or radiolabelling of Precursor shall be for the limited purpose of assisting Nordion in carrying out its obligations under this Agreement. All Confidential Information data, information, or technology supplied by one party to the other to assist in carrying out the obligations hereunder shall remain the property of such party and shall be returned to the other party upon termination or expiration of this Agreement.

Confidentiality and Exceptions. During the Term of this Agreement and for a period of ten (10) years thereafter, each party hereto shall maintain in confidence and not use or disclose to others for any purpose, other than to its employees or agents (which agents shall enter into a confidentiality agreement incorporating similar terms Except as set forth herein or be otherwise reasonably acceptable below, all information disclosed by one Party to the other party) with a need Party shall be deemed to know such information to perform such party’s obligations under this Agreement or other than as expressly authorized in this Agreement, the content of the transactions contemplated herein, all technology including Molecular Insight Pharmaceuticals Background Technology, Nordion Background Technology and improvements thereto, and other information disclosed to such party by the other party which is identified as “Confidential Information” by be the disclosing party (collectively Party’s “Confidential Information”). This obligation Confidential Information shall include, but not be limited to, information relating to any Product, or the manufacture thereof. The terms and provisions of confidentiality this Agreement shall not apply to be deemed the extent that it can be established by the party in receipt of such information, that the information: (i) was already known to the receiving party at the time of disclosure; (ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure; (iii) became generally available to the public or otherwise part of the public domain after its disclosure to the receiving party through no act or omission of the receiving party; (iv) was disclosed to the receiving party by a third party who was not known to the receiving party to have obligations restricting disclosure of such information; or (v) was independently developed by the receiving party without any use of Confidential Information of the disclosing partyboth Parties. Each party agrees that it will take the same degree of care to protect the confidentiality of the other party’s Confidential Information as it takes to protect its own proprietary and confidential information, which shall in no event be less than commercially reasonable. Each partyParty, and its employees and agents shall take all reasonable steps to protect and keep confidential and shall not use, publish or otherwise disclose to any third partyThird Party, except as permitted by this Agreement, or with the other partyParty’s written consent, the other partyParty’s Confidential Information. All Confidential Information supplied by one party to For the other to assist in carrying out the obligations hereunder shall remain the property of such party and shall be returned to the other party upon termination or expiration purposes of this Agreement, Confidential Information shall not include such information that can be shown by such. Party’s competent records to be: (a) already known to the receiving Party at the time of disclosure by the other Party, other than under an obligation of confidentiality; (b) generally available to the public or was otherwise part of the public domain at the time of disclosure or became generally available to the public or otherwise part of the public domain after disclosure other than through any act or omission of the receiving Party in breach of this Agreement; [ ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. (c) lawfully disclosed to the receiving Party, other than under an obligation of confidentiality, by a Third Party who had no obligation not to disclose such information to others; or (d) independently developed by or for the receiving Party without the aid, application or use of Confidential Information by persons who did not access the Confidential. In formation.

Confidentiality and Exceptions. During the Term term of this Agreement and for a period of ten (10) years thereafter, each party Party hereto shall maintain in confidence and not use or disclose to others for any purpose, other than to its employees or agents (which agents shall enter into a confidentiality agreement incorporating similar terms as set forth herein or be otherwise reasonably acceptable to the other party) with a need to know such information to perform such party’s obligations under this Agreement or other than as expressly authorized in this Agreement, the content of the transactions contemplated herein, all technology including Molecular Insight Pharmaceuticals Background Technology, Nordion Background Technology Novoste Technology, Jointly Owned Arising IP and improvements theretoknow-how, data, processes, methods, techniques, formulas, test data and other information disclosed to such party Party by the other party which Party whether or not it is identified as “"Confidential Information” " by the disclosing party Party (collectively “"Confidential Information”"). This obligation of confidentiality shall not apply to the extent that it can be established by the party Party in receipt of such informationConfidential Information, that the information: (i) was already known to the receiving party Party at the time of disclosure; (ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure; (iii) became generally available to the public or otherwise part of the public domain after its disclosure to the receiving party Party through no act or omission of the receiving partyParty; (iv) was disclosed to the receiving party Party by a third party Party who was not known had no obligation to the receiving party to have obligations restricting restrict disclosure of such information; or (v) was independently developed by the receiving party Party without any use of Confidential Information of the disclosing partyParty. Each party agrees Notwithstanding the foregoing, QSA and Novoste may both disclose Confidential Information to an Affiliate provided that it will take the Affiliate is bound by confidentiality to the same degree of care extent as QSA and Novoste hereunder. The Party disclosing Confidential Information to protect the confidentiality such Affiliate shall be liable for any unauthorized use or disclosure of the other party’s Confidential Information as it takes to protect its own proprietary and confidential information, which by the Affiliate. This Article shall in no event be less than commercially reasonable. Each party, and its employees and agents shall protect and keep confidential and shall not use, publish or otherwise disclose to any third party, except as permitted by this Agreement, or with the other party’s written consent, the other party’s Confidential Information. All Confidential Information supplied by one party to the other to assist in carrying out the obligations hereunder shall remain the property of such party and shall be returned to the other party upon survive termination or expiration of this AgreementAgreement in accordance with its terms.

Confidentiality and Exceptions. During the Term term of this Agreement agreement and for a period of ten (10) years [CONFIDENTIAL TREATMENT REQUESTED] thereafter, each party hereto shall maintain in confidence and not use or disclose to others for any purpose, other than to its employees or agents (which agents shall enter into a confidentiality agreement incorporating similar terms as set forth herein or be otherwise reasonably acceptable to the other party) with a need to know such information to perform such party’s obligations under this Agreement or other than as expressly authorized in this Agreement, the content of the transactions transaction contemplated hereinin this agreement, all technology including Molecular Insight Pharmaceuticals Background Technologyknow-how, Nordion Background Technology and improvements theretotechnological information reports, data, processes, methods, techniques, formulas, and other proprietary information (collectively "Confidential Information") disclosed to such party by the other party which is identified as “"Confidential Information” " by the disclosing party (collectively “Confidential Information”)party. This obligation of confidentiality shall not apply to the extent that it can be established by the party in receipt of such information, that the information: (i) was already known to the receiving party at the time of disclosure; (ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure; (iii) became generally available to the public or otherwise part of the public domain after its disclosure to the receiving party through no act or omission of the receiving party; (iv) was disclosed to the receiving party by a third party who was not known had no obligation to the receiving party to have obligations restricting restrict disclosure of such information; or (v) was independently developed by the receiving party without any use of Confidential Information of the disclosing party. Each party agrees that it will take the same degree of care steps to protect the confidentiality of the other party’s 's Confidential Information as it takes to protect its own proprietary and confidential information, which shall in no event be less than commercially reasonablereasonable steps. Each party, and its employees and agents shall protect and keep confidential and shall not use, publish or otherwise disclose to any third party, except as permitted by this Agreementagreement, or with the other party’s 's written consent, the other party’s 's Confidential Information. All Confidential Information supplied by one party to the other to assist in carrying out the obligations hereunder shall remain the property of such party and shall be returned to the other party upon termination or expiration of this Agreement.

Confidentiality and Exceptions. During the Term of this Agreement and for a period of ten (10) years thereafter, each party hereto shall maintain in confidence and not use or disclose to others for any purpose, other than to its employees or agents (which agents shall enter into a confidentiality agreement incorporating similar terms Except as set forth herein or be otherwise reasonably acceptable below, all information disclosed by one Party to the other party) Party in connection with a need the work performed hereunder shall be deemed to know such be the disclosing Party's "Confidential Information". Confidential Information shall include, but not be limited to, information relating to perform such party’s obligations under this Agreement or the B1 Antibody and the structure of Labelled Drug, any know-how relating to the Process for the production of Labelled Drug, and the manufacturing cost and other than as expressly authorized in financial arrangements made pursuant to this Agreement, the content of the transactions contemplated herein, all technology including Molecular Insight Pharmaceuticals Background Technology, Nordion Background Technology and improvements thereto, and other information disclosed to such party by the other party which is identified as “Confidential Information” by the disclosing party (collectively “Confidential Information”). This obligation of confidentiality shall not apply to the extent that it can be established by the party in receipt of such information, that the information: (i) was already known to the receiving party at the time of disclosure; (ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure; (iii) became generally available to the public or otherwise part of the public domain after its disclosure to the receiving party through no act or omission of the receiving party; (iv) was disclosed to the receiving party by a third party who was not known to the receiving party to have obligations restricting disclosure of such information; or (v) was independently developed by the receiving party without any use of Confidential Information of the disclosing party. Each party Party agrees that it will take the same degree of care steps to protect the confidentiality of the other party’s Party's Confidential Information as it takes to protect its own proprietary and confidential information, which shall in no event be less than commercially reasonablereasonable steps. Each partyParty, and its employees and agents shall protect and keep confidential and shall not use, publish or otherwise disclose to any third party, except as permitted by this Agreement, or with the other party’s Party's written consent, the other party’s Party's Confidential Information. All Confidential Information supplied by one party to For the other to assist in carrying out the obligations hereunder shall remain the property of such party and shall be returned to the other party upon termination or expiration purposes of this Agreement., Confidential Information shall not include such information that: (a) was already known to the receiving Party at the time of disclosure by the other Party, other than under an obligation of confidentiality; or (b) was generally available to the public or was otherwise part of the public domain at the time of disclosure or became generally available to the public or otherwise part of the public domain after disclosure other than through any act or omission of the receiving Party in breach of this Agreement; or (c) was lawfully disclosed to the receiving Party, other than under an obligation of confidentiality, by a third party who had no obligation not to disclose such information to others; or (d) was independently developed by or for the receiving Party without the aid, application or use of Confidential Information; or

Confidentiality and Exceptions. During the Term of this Agreement and for a period of ten (10) years thereafter, each party hereto shall maintain in confidence and not use or disclose to others for any purpose, other than to its employees or agents (which agents shall enter into a confidentiality agreement incorporating similar terms Except as set forth herein or be otherwise reasonably acceptable to the other party) with a need to know such information to perform such party’s obligations under this Agreement or other than as expressly authorized provided in this Agreement, all information disclosed by one Party (the content "Disclosing Party") to the other Party (the "Receiving Party") pursuant to this Agreement shall be deemed to be the Disclosing Party's "Confidential Information." Confidential Information shall include, but not be limited to, information relating to the structure of any Product, Drug Substance, Drug Product or PCYC Materials, any know-how relating to the transactions contemplated hereinManufacture of any Product, all technology including Molecular Insight Pharmaceuticals Background TechnologyDrug Substance or Drug Product, Nordion Background Technology Manufacturing records and improvements theretodocumentation, and the Manufacturing cost, purchase prices and other information disclosed financial arrangements made pursuant to such party by the other party which is identified as “Confidential Information” by the disclosing party (collectively “Confidential Information”). This obligation of confidentiality shall not apply to the extent that it can be established by the party in receipt of such information, that the information: (i) was already known to the receiving party at the time of disclosure; (ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure; (iii) became generally available to the public or otherwise part of the public domain after its disclosure to the receiving party through no act or omission of the receiving party; (iv) was disclosed to the receiving party by a third party who was not known to the receiving party to have obligations restricting disclosure of such information; or (v) was independently developed by the receiving party without any use of Confidential Information of the disclosing partythis Agreement. Each party Party agrees that it will take the same degree of care steps to protect the confidentiality of the other party’s Party's Confidential Information as it takes to protect its own proprietary and confidential information, which shall in no event be less than commercially reasonablereasonable steps. Each partyParty, and its employees and agents shall protect and keep confidential and shall not use, publish or otherwise disclose to any third party, except as permitted by this Agreement, or with the other party’s Party's written consent, the other party’s Party's Confidential Information. All Confidential Information supplied by one party to For the other to assist in carrying out the obligations hereunder shall remain the property of such party and shall be returned to the other party upon termination or expiration purposes of this Agreement, Confidential Information shall not include such information that: was already known to the Receiving Party at the time of disclosure by the Disclosing Party, other than under an obligation of confidentiality; or was generally available to the public or was otherwise part of the public domain at the time of disclosure or became generally available to the public or otherwise part of the public domain after disclosure other than through any act or omission of the Receiving Party in breach of this Agreement; or was lawfully disclosed to the Receiving Party, other than under an obligation of confidentiality, by a third party who had no obligation not to disclose such information to others; or was independently developed by or for the Receiving Party without the aid, application or use of the other Party's Confidential Information by persons who did not have access to such Confidential Information.

Confidentiality and Exceptions. During the Term of this Agreement and for a period of ten CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED WITH THE COMMISSION (10a) years thereafter, each party hereto shall maintain in confidence and not use or disclose to others for any purpose, other than to its employees or agents (which agents shall enter into a confidentiality agreement incorporating similar terms as set forth herein or be otherwise reasonably acceptable Except to the other party) with a need to know such information to perform such party’s obligations under extent expressly authorized by this Agreement or other than as expressly authorized otherwise agreed to in this Agreementwriting, the content of the transactions contemplated hereinAMRI agrees that, all technology including Molecular Insight Pharmaceuticals Background Technologyit, Nordion Background Technology its Affiliates and improvements theretoits Sublicensees, if any, shall use reasonable efforts to keep, and other information disclosed to such party by the other party which is identified as “Confidential Information” by the disclosing party (collectively “Confidential Information”). This obligation of confidentiality ensure that their officers and directors keep completely confidential and shall not apply publish or otherwise disclose and shall not use for any purpose any information furnished to it by CUBIST, its Affiliates or its Sublicensees, if any, except to the extent that it can be established by the party in receipt of AMRI by competent proof that such information, that the information: : (i) is or hereafter becomes generally available to the public other than by reason of any default by AMRI with respect to its confidentiality obligations hereunder; (ii) was already known to AMRI as evidenced by prior written documents in its possession; (iii) is disclosed to AMRI by a Third Party who is not in default of any confidentiality obligation to CUBIST; or (iv) is independently developed by or for AMRI without reference to or reliance upon the receiving party at information furnished by CUBIST ("Confidential Information"). Information disclosed by one Party to the time other shall remain the property of disclosure;the disclosing Party unless otherwise specified in this Agreement. (iib) was Except to the extent expressly authorized by this Agreement or otherwise agreed to in writing, CUBIST agrees that, it, its Affiliates and its Sublicensees, if any, shall use reasonable efforts to keep, and to ensure that their officers and directors keep completely confidential and shall not publish or otherwise disclose and shall not use for any purpose any information furnished to it by AMRI, or its Affiliates, if any, except to the extent that it can be established by CUBIST by competent proof that such information: (i) is or hereafter becomes generally available to the public or otherwise part other than by reason of the public domain at the time of any default by CUBIST with respect to its disclosure; confidentiality obligations hereunder, (ii) was already known to CUBIST as evidenced by prior written documents in its possession; (iii) became generally available is disclosed to the public CUBIST by a Third Party who is not in default of any confidentiality obligation to AMRI; or otherwise part of the public domain after its disclosure to the receiving party through no act or omission of the receiving party; (iv) was disclosed to the receiving party by a third party who was not known to the receiving party to have obligations restricting disclosure of such information; or (v) was is independently developed by or for AMRI without reference to or reliance upon the receiving party without any use of Confidential Information of the disclosing party. Each party agrees that it will take the same degree of care to protect the confidentiality of the other party’s Confidential Information as it takes to protect its own proprietary and confidential information, which shall in no event be less than commercially reasonable. Each party, and its employees and agents shall protect and keep confidential and shall not use, publish or otherwise disclose to any third party, except as permitted information furnished by this Agreement, or with the other party’s written consent, the other party’s AMR1 ("Confidential Information"). All Confidential Information supplied disclosed by one party Party to the other to assist in carrying out the obligations hereunder shall remain the property of such party and shall be returned to the other party upon termination or expiration of disclosing Party unless otherwise specified in this Agreement.:

Confidentiality and Exceptions. During 3.1 RECIPIENT hereby agrees, regarding SOLVAY Confidential Information disclosed to him by SOLVAY under the Term terms of Article 2 hereof that he shall (a) make no use of said information, except for the Agreement Purpose; (b) not disclose said information to any party or person, except to COR's employees duly appointed to receive it; (c) not disclose to any party or person either the existence of this Agreement or its underlying discussions except for the Agreement Purpose; (d) take the same steps to protect said information as he takes to protect the proprietary and confidential information of COR. 3.2 RECIPIENT hereby agrees, regarding SOLVAY Confidential Information he may learn or have access to due to his presence in SOLVAY's or PEPTISYNTHA's facilities and which is not comprised in the Confidential Information referred to in Article 2 hereof; that he shall: (a) make no use, of said information, except for a period of ten the Agreement Purpose; (10b) years thereafter, each not disclose said information to any party hereto shall maintain in confidence and or person; (c) not use or disclose to others for any purpose, other than to its employees party or agents (which agents shall enter into a confidentiality agreement incorporating similar terms as set forth herein or be otherwise reasonably acceptable to person either the other party) with a need to know such information to perform such party’s obligations under existence of this Agreement or other than its underlying discussions except for the Agreement Purpose; (d) take the same steps to protect said information as expressly authorized in this Agreementhe takes to protect the proprietary and confidential information of COR. 3.3 The obligations under paragraph 3.1 and 3.2 hereabove shall not, the content of the transactions contemplated hereinhowever, all technology including Molecular Insight Pharmaceuticals Background Technology, Nordion Background Technology and improvements thereto, and other information disclosed to such party by the other party which is identified as “Confidential Information” by the disclosing party (collectively “Confidential Information”). This obligation of confidentiality shall not apply to any SOLVAY Confidential Information which: (a) RECIPIENT can prove is at the extent that it time of disclosure or thereafter becomes public knowledge through no fault or negligence of RECIPIENT, or (b) RECIPIENT can be established by prove was known to him, prior to the party in receipt of such informationConfidential Information from SOLVAY, that or (c) is lawfully obtained by RECIPIENT from any party not bound by a secrecy obligation towards SOLVAY relating to the information:Confidential Information. For the purposes of this paragraph 3.3, information shall not be deemed to be public , knowledge or known on the ground only that (i) was already the general principle is public knowledge or known to RECIPIENT if the receiving party at the time of disclosure;particular practice is not itself public knowledge or so known, or (ii) was generally available it constitutes a combination of or is drawn from information which is public knowledge or known to RECIPIENT unless the combination itself and its principle and mode of operation is also public knowledge or otherwise part of the public domain at the time of its disclosure; (iii) became generally available to the public or otherwise part of the public domain after its disclosure to the receiving party through no act or omission of the receiving party; (iv) was disclosed to the receiving party by a third party who was not known to the receiving party to have obligations restricting disclosure of such information; or (v) was independently developed by the receiving party without any use of Confidential Information of the disclosing party. Each party agrees that it will take the same degree of care to protect the confidentiality of the other party’s Confidential Information as it takes to protect its own proprietary and confidential information, which shall in no event be less than commercially reasonable. Each party, and its employees and agents shall protect and keep confidential and shall not use, publish or otherwise disclose to any third party, except as permitted by this Agreement, or with the other party’s written consent, the other party’s Confidential Information. All Confidential Information supplied by one party to the other to assist in carrying out the obligations hereunder shall remain the property of such party and shall be returned to the other party upon termination or expiration of this AgreementRECIPIENT.

Confidentiality and Exceptions. During the Term of this Agreement and for a period of ten (10) years thereafter, each party hereto shall maintain in confidence and not use or disclose to others for any purpose, other than to its employees or agents (which agents shall enter into a confidentiality agreement incorporating similar terms as set forth herein or be otherwise reasonably acceptable to the other party) with a need to know such information to perform such party’s 's obligations under this Agreement or other than as expressly authorized in this Agreement, the content of the transactions contemplated herein, all technology including Molecular Insight Pharmaceuticals Background Technology, Nordion Background Technology and improvements thereto, and other information disclosed to such party by the other party which is identified as “"Confidential Information” " by the disclosing party (collectively “"Confidential Information”"). This obligation of confidentiality shall not apply to the extent that it can be established by the party in receipt of such information, that the information: (i) was already known to the receiving party at the time of disclosure; (ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure; (iii) became generally available to the public or otherwise part of the public domain after its disclosure to the receiving party through no act or omission of the receiving party; (iv) was disclosed to the receiving party by a third party who was not known to the receiving party to have obligations restricting disclosure of such information; or (v) was independently developed by the receiving party without any use of Confidential Information of the disclosing party. Each party agrees that it will take the same degree of care steps to protect the confidentiality of the other party’s 's Confidential Information as it takes to protect its own proprietary and confidential information, which shall in no event be less than commercially reasonablereasonable steps. Each party, and its employees and agents shall protect and keep confidential and shall not use, publish or otherwise disclose to any third party, except as permitted by this Agreement, or with the other party’s 's written consent, the other party’s 's Confidential Information. All Confidential Information supplied by one party to the other to assist in carrying out the obligations hereunder shall remain the property of such party and shall be returned to the other party upon termination or expiration of this Agreement.

Confidentiality and Exceptions. During the Term of this Agreement and for a period of ten (10a) years thereafter, each party hereto shall maintain in confidence and not use or disclose to others for any purpose, other than to its employees or agents (which agents shall enter into a confidentiality agreement incorporating similar terms as set forth herein or be otherwise reasonably acceptable Except to the other party) with a need to know such information to perform such party’s obligations under extent expressly authorized by this Agreement or other than as expressly authorized otherwise agreed to in this Agreementwriting, the content of the transactions contemplated hereinAMRI agrees that, all technology including Molecular Insight Pharmaceuticals Background Technologyit, Nordion Background Technology its Affiliates and improvements theretoits Sublicensees, if any, shall use reasonable efforts to keep, and other information disclosed to such party by the other party which is identified as “Confidential Information” by the disclosing party (collectively “Confidential Information”). This obligation of confidentiality ensure that their officers and directors keep completely confidential and shall not apply publish or otherwise disclose and shall not use for any purpose any information furnished to it by CUBIST, its Affiliates or its Sublicensees, if any, except to the extent that it can be established by the party in receipt of AMRI by competent proof that such information, that the information: : (i) is or hereafter becomes generally available to the public other than by reason of any default by AMRI with respect to its confidentiality obligations hereunder; (ii) was already known to the receiving party at the time of disclosure; (ii) was generally available to the public or otherwise part of the public domain at the time of AMRI as evidenced by prior written documents in its disclosure; possession; (iii) became generally available is disclosed to the public AMRI by a Third Party who is not in default of any confidentiality obligation to CUBIST; or otherwise part of the public domain after its disclosure to the receiving party through no act or omission of the receiving party; (iv) was disclosed to the receiving party by a third party who was not known to the receiving party to have obligations restricting disclosure of such information; or (v) was is independently developed by or for AMRI without reference to or reliance upon the receiving party without any use of Confidential Information of the disclosing party. Each party agrees that it will take the same degree of care to protect the confidentiality of the other party’s Confidential Information as it takes to protect its own proprietary and confidential information, which shall in no event be less than commercially reasonable. Each party, and its employees and agents shall protect and keep confidential and shall not use, publish or otherwise disclose to any third party, except as permitted information furnished by this Agreement, or with the other party’s written consent, the other party’s CUBIST (“Confidential Information”). All Confidential Information supplied disclosed by one party Party to the other to assist in carrying out the obligations hereunder shall remain the property of such party the disclosing Party unless otherwise specified in this Agreement. (b) Except to the extent expressly authorized by this Agreement or otherwise agreed to in writing, CUBIST agrees that, it, its Affiliates and its Sublicensees, if any, shall use reasonable efforts to keep, and to ensure that their officers and directors keep completely confidential and shall not publish or otherwise disclose and shall not use for any purpose any information furnished to it by AMRI, or its Affiliates, if any, except to the extent that it can be returned established by CUBIST by competent proof that such information: (i) is or hereafter becomes generally available * CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED WITH THE COMMISSION to the public other than by reason of any default by CUBIST with respect to its confidentiality obligations hereunder, (ii) was already known to CUBIST as evidenced by prior written documents in its possession; (iii) is disclosed to CUBIST by a Third Party who is not in default of any confidentiality obligation to AMRI; or (iv) is independently developed by or for AMRI without reference to or reliance upon the information furnished by AMR1 (“Confidential Information”). Information disclosed by one Party to the other party upon termination or expiration shall remain the property of the disclosing Party unless otherwise specified in this Agreement.:

Confidentiality and Exceptions. During the Term of this Agreement and for a period of ten (10) years thereafter, each party hereto shall maintain in confidence and not use or disclose to others for any purpose, other than to its employees or agents (which agents shall enter into a confidentiality agreement incorporating similar terms Except as set forth herein or be otherwise reasonably acceptable below, all information disclosed by one Party (the "Disclosing Party") to the other partyParty (the "Receiving Party") with a need pursuant to know such information to perform such party’s obligations under this Agreement or shall be deemed to be the Disclosing Party's "Confidential Information." Confidential Information shall include, but not be limited to, information relating to the structure of an API, any know-how relating to the Manufacture of any Drug Product, the Manufacturing Documents and the Manufacturing cost and other than as expressly authorized in financial arrangements made pursuant to this Agreement, the content of the transactions contemplated herein, all technology including Molecular Insight Pharmaceuticals Background Technology, Nordion Background Technology and improvements thereto, and other information disclosed to such party by the other party which is identified as “Confidential Information” by the disclosing party (collectively “Confidential Information”). This obligation of confidentiality shall not apply to the extent that it can be established by the party in receipt of such information, that the information: (i) was already known to the receiving party at the time of disclosure; (ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure; (iii) became generally available to the public or otherwise part of the public domain after its disclosure to the receiving party through no act or omission of the receiving party; (iv) was disclosed to the receiving party by a third party who was not known to the receiving party to have obligations restricting disclosure of such information; or (v) was independently developed by the receiving party without any use of Confidential Information of the disclosing party. Each party Party agrees that it will take the same degree of care steps to protect the confidentiality of the other party’s Party's Confidential Information as it takes to protect its own proprietary and confidential information, which shall in no event be less than commercially reasonablereasonable steps. Each partyParty, and its employees and agents shall protect and keep confidential and shall not use, publish or otherwise disclose to any third party, except as permitted by this Agreement, or with the other party’s Party's written consent, the other party’s Party's Confidential Information. All Confidential Information supplied by one party to For the other to assist in carrying out the obligations hereunder shall remain the property of such party and shall be returned to the other party upon termination or expiration purposes of this Agreement, Confidential Information shall not include such information that: 14.1.1 was already known to the Receiving Party at the time of disclosure by the other Disclosing Party; other than under an obligation of confidentiality; or 14.1.2 was generally available to the public or was otherwise part of the public domain at the time of disclosure or became generally available to the public or otherwise part of the public domain after disclosure other than through any act or omission of the Receiving Party in breach of this Agreement; or 14.1.3 was lawfully disclosed to the Receiving Party, other than under an obligation of confidentiality, by a third party who had no obligation not to disclose such information to others; or 14.1.4 was independently developed by or for the Receiving Party without the aid, application or use of the other Party's Confidential Information by persons who did not have access to such Confidential Information; or 14.1.5 was disclosed to a third party by the Disclosing Party without an obligation of confidentiality.

Confidentiality and Exceptions. During the Term term of this Agreement and for a period of ten (10) years thereafter, each party Party hereto shall maintain in confidence and not use or disclose to others for any purpose, other than to its employees or agents (which agents shall enter into a confidentiality agreement incorporating similar terms as set forth herein or be otherwise reasonably acceptable to the other party) with a need to know such information to perform such party’s obligations under this Agreement or other than as expressly authorized in this Agreement, the content of the transactions contemplated herein, all technology including Molecular Insight Pharmaceuticals Background Technology, Nordion Background Technology pSiMedica Technology, Jointly Owned Arising IP and improvements theretoknow-how, data, processes, methods, techniques, formulas, test data and other information disclosed to such party Party by the other party which Party whether or not it is identified as “"Confidential Information” " by the disclosing party Party (collectively “"Confidential Information”"). Each Party shall necessarily be free to disclose its own Technology under the terms of its own established process for the disclosure of its Confidential Information. If either Party needs to disclose Confidential Information pertaining to the manufacturing process covered by this Agreement to a third Party then this shall be accommodated by the creation of a three way Confidential Information disclosure agreement. This obligation of confidentiality shall not apply to the extent that it can be established by the party Party in receipt of such informationConfidential Information, that the information: (i) was already known to the receiving party Party at the time of disclosure; (ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure; (iii) became generally available to the public or otherwise part of the public domain after its disclosure to the receiving party Party through no act or omission of the receiving partyParty; (iv) was disclosed to the receiving party Party by a third party Party who was not known had no obligation to the receiving party to have obligations restricting restrict disclosure of such information; or (v) was independently developed by the receiving party Party without any use of Confidential Information of the disclosing partyParty. Each party agrees Notwithstanding the foregoing, QSA and pSiMedica may both disclose Confidential Information to an Affiliate or permitted assign provided that it will take the Affiliate or permitted assign is bound by confidentiality to the same degree of care extent as QSA and pSiMedica hereunder. The Party disclosing Confidential Information to protect the confidentiality such Affiliate or permitted assign shall be liable for any unauthorized use or disclosure of the other party’s Confidential Information as it takes to protect its own proprietary and confidential information, which by the Affiliate or permitted assign. This Article shall in no event be less than commercially reasonable. Each party, and its employees and agents shall protect and keep confidential and shall not use, publish or otherwise disclose to any third party, except as permitted by this Agreement, or with the other party’s written consent, the other party’s Confidential Information. All Confidential Information supplied by one party to the other to assist in carrying out the obligations hereunder shall remain the property of such party and shall be returned to the other party upon survive termination or expiration of this AgreementAgreement in accordance with its terms.

Confidentiality and Exceptions. During the Term of this Agreement and for a period of ten (10) years thereafter, each party hereto shall maintain in confidence the other party’s Confidential Information and will not use such information or disclose the content of the transactions contemplated herein to others third parties for any purpose, purpose other than to its employees employees, agents or agents consultants (which agents shall enter into or consultants will be bound by a confidentiality agreement incorporating similar no less restrictive terms as than those set forth herein or be that are otherwise reasonably acceptable to accepted in writing by the other party) with a need to know such information to perform such party’s obligations under this Agreement or other than as expressly authorized in this Agreement, the content of the transactions contemplated herein, all technology including Molecular Insight Pharmaceuticals Background Technology, Nordion Background Technology and improvements thereto, and other information disclosed to such party by the other party which is identified as “Confidential Information” by the disclosing party (collectively “Confidential Information”). This obligation of confidentiality shall not apply to the extent that it can be established by the party in receipt of such information, that the information: (i) was already known to the receiving party at the time of disclosuredisclosure as evidenced by written records that existed prior to the party’s receipt of such information; (ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure; (iii) became generally available to the public or otherwise part of the public domain after its disclosure to the receiving party through no act or omission of the receiving party; (iv) was lawfully disclosed to the receiving party by a third party who was not known bound to the receiving party to have obligations restricting disclosure of such information; or (v) was independently developed by the receiving party without any use of Confidential Information of the disclosing party, in whole or in part, as evidenced by written records that existed prior to the party’s receipt of such information. Each party agrees that it will take the same degree of care to protect the confidentiality of the other party’s Confidential Information as it takes to protect its own proprietary and confidential information, which shall in no event be less than commercially reasonablea reasonable degree of care. Each party, and its employees and agents shall protect and keep confidential and shall not use, publish or otherwise disclose to any third party, except as permitted by this Agreement, or with the other party’s written consent, the other party’s Confidential Information. Confidential Treatment – Asterisked material has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. All Confidential Information supplied by one party to the other to assist in carrying out the obligations hereunder shall remain the property of such party and shall be returned to the other party upon termination or expiration of this Agreement.

Confidentiality and Exceptions. During the Term of this Agreement and for a period of ten (10) years thereafter, each party hereto shall maintain in confidence and not use or disclose to others for any purpose, other than to its employees or agents (which agents shall enter into a confidentiality agreement incorporating similar terms Except as set forth herein or be otherwise reasonably acceptable to the other party) with a need to know such information to perform such party’s obligations under this Agreement or other than as expressly authorized provided in this Agreement, all information disclosed by one Party (the content "Disclosing Party") to the other Party (the "Receiving Party") pursuant to this Agreement shall be deemed to be the Disclosing Party's "Confidential Information." Confidential Information shall include, but not be limited to, information relating to the structure of a Product or PCYC Materials, any know-how relating to the transactions contemplated hereinManufacture of any Product or Drug Product, all technology including Molecular Insight Pharmaceuticals Background Technologythe Manufacturing records and documentation and the Manufacturing costs, Nordion Background Technology and improvements thereto, purchase prices and other information disclosed financial arrangements made pursuant to such party by the other party which is identified as “Confidential Information” by the disclosing party (collectively “Confidential Information”). This obligation of confidentiality shall not apply to the extent that it can be established by the party in receipt of such information, that the information: (i) was already known to the receiving party at the time of disclosure; (ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure; (iii) became generally available to the public or otherwise part of the public domain after its disclosure to the receiving party through no act or omission of the receiving party; (iv) was disclosed to the receiving party by a third party who was not known to the receiving party to have obligations restricting disclosure of such information; or (v) was independently developed by the receiving party without any use of Confidential Information of the disclosing partythis Agreement. Each party Party agrees that it will take the same degree of care steps to protect the confidentiality of the other party’s Party's Confidential Information as it takes to protect its own proprietary and confidential information, which shall in no event be less than commercially reasonablereasonable steps. Each partyParty, and its employees and agents agents, shall protect and keep confidential and shall not use, publish or otherwise disclose to any third party, except as permitted by this Agreement, or with the other party’s Party's written consent, the other party’s Party's Confidential Information. All Confidential Information supplied by one party to For the other to assist in carrying out the obligations hereunder shall remain the property of such party and shall be returned to the other party upon termination or expiration purposes of this Agreement, Confidential Information shall not include such information that: was already known to the Receiving Party at the time of disclosure by the other Disclosing Party, other than under an obligation of confidentiality; or was generally available to the public or was otherwise part of the public domain at the time of disclosure or became generally available to the public or otherwise part of the public domain after disclosure other than through any act or omission of the Receiving Party in breach of this Agreement; or was lawfully disclosed to the Receiving Party, other than under an obligation of confidentiality, by a third party who had no obligation not to disclose such information to others; or was independently developed by or for the Receiving Party without the aid, application or use of the other Party's Confidential Information by persons who did not have access to such Confidential Information.

Confidentiality and Exceptions. During 5.1 Oncophysics acknowledges that the Term business of Biofield is a research and development business in the field of predicting, detecting, diagnosing, screening and/or treating disease or other conditions of humans or animals that may involve the commercialization of resulting product technologies. Oncophysics acknowledges that it will have access to confidential information of Biofield that Biofield has or may develop, and that the confidential nature of such information is required to be maintained and is essential for the protection of Biofield's valid business interests. Biofield acknowledges that it may have access to confidential information of Oncophysics in connection with this Agreement and Agreement. 5.2 In consideration of each party's (the "Disclosing Party) disclosure of confidential information ("Confidential Information") to the other party (the "Receiving Party"), the Receiving Party, for a period of ten five (105) years thereafter, each party hereto shall maintain in confidence and not use or disclose to others for any purpose, other than to its employees or agents (which agents shall enter into a confidentiality agreement incorporating similar terms as set forth herein or be otherwise reasonably acceptable to from the other party) with a need to know such information to perform such party’s obligations under this Agreement or other than as expressly authorized in termination of this Agreement, hereby agrees as follows: 5.2.1 the content Receiving Party shall hold and maintain the Confidential Information in strictest confidence and in trust for the sole and exclusive benefit of the transactions contemplated hereinDisclosing Party; 5.2.2 the Receiving Party shall not, all technology including Molecular Insight Pharmaceuticals Background Technologywithout the prior written approval of the Disclosing Party, Nordion Background Technology and improvements theretouse for its own benefit, publish or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of the Disclosing Party, any of the Confidential Information; 5.2.3 the Receiving Party shall carefully restrict access to the Confidential Information to those of its officers, directors, and other information disclosed employees who clearly need such access. The Receiving Party shall advise each of such persons to whom it provides access to any of the Confidential Information that such party by persons are strictly prohibited from making any use, publishing or otherwise disclosing to others, or permitting others to use for their benefit or to the other party which is identified as “detriment of the Disclosing Party, any of the Confidential Information” by ; and 5.2.4 the disclosing party (collectively “Confidential Information”). This obligation of confidentiality Receiving Party shall not apply to the extent that it can be established by the party in receipt of such information, that the information: (i) was already known to the receiving party at the time of disclosure; (ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure; (iii) became generally available to the public or otherwise part of the public domain after its disclosure to the receiving party through no act or omission of the receiving party; (iv) was disclosed to the receiving party by a third party who was not known to the receiving party to have obligations restricting disclosure of such information; or (v) was independently developed by the receiving party without any use of Confidential Information of the disclosing party. Each party agrees that it will take the same degree of care all necessary action to protect the confidentiality of the other party’s Confidential Information as it takes to protect its own proprietary and confidential information, which shall in no event be less than commercially reasonable. Each partyInformation, and its employees hereby agrees to indemnify the Disclosing Party against any and agents all liabilities, losses, damages, claims or expenses incurred or suffered by the Disclosing Party as a result of the Receiving Party's breach of this Section 5. 5.3 The obligations set forth in this Section 5 shall protect apply only to information which is disclosed by the disclosing party in writing and keep marked confidential or which is disclosed by other means, the substance of which is promptly reduced to writing, marked confidential and the writing transmitted to the receiving party. The term "Confidential Information" shall not use, publish or otherwise disclose to any third party, except as permitted by this Agreement, or with the other party’s written consent, the other party’s Confidential Information. All Confidential Information supplied by one party to the other to assist in carrying out the obligations hereunder shall remain the property of such party and shall be returned to the other party upon termination or expiration of this Agreement.include