Common use of Confidentiality and Non-Disclosure Clause in Contracts

Confidentiality and Non-Disclosure. 11.1 It may become necessary during the course of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDA.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during the course (a) The terms and conditions of this Agreement for one Party to disclose and the other Transaction Documents, any term sheet or memorandum of understanding entered into pursuant to the transactions contemplated hereby, all exhibits and schedules attached hereto and thereto, the transactions contemplated hereby and thereby, including their existence, and all information furnished by any party hereto and by representatives of such parties to any other information which party hereof or any of the disclosing Party considers confidential representatives of such parties (collectively, the “Confidential Information”). Disclosure of such Confidential Information , shall be governed considered confidential information and shall not be disclosed by any party hereto to any third party except in accordance with the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”)provisions set forth below. 11.2 Neither Party will disclose (b) Notwithstanding the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between foregoing, the Parties without the prior written permission Company and each of the other, except that a Party Investors may disclose such terms to (i) those employees the Confidential Information to its current or agents bona fide prospective investors, Affiliates of the Company and such Party Investor and their respective employees, bankers, lenders, accountants, legal counsels, business partners or representatives or advisors who need to know such terms information, in each case only where such persons or entities are informed of the confidential nature of the Confidential Information and are under appropriate nondisclosure obligations substantially similar to those set forth in this Section 8.11, (ii) such Confidential Information as is required to be disclosed pursuant to routine examination requests from Governmental Authorities with authority to regulate such party’s operations, in each case as such party deems appropriate in its sole discretion, and (iii) the Confidential Information to any Person to which disclosure is approved in writing by the other party hereto. Any party hereto may also provide disclosure in order for to comply with applicable Laws, as set forth in Section 8.11(c) below. (c) Except as set forth in Section 8.11(b) above, in the event that any party is requested or becomes legally compelled (including without limitation, pursuant to any applicable Tax, securities, or other Laws and regulations of any jurisdiction) to disclose the existence of this Agreement or any other Transaction Document or content of any of the financing terms hereunder, such party (the “Disclosing Party”) shall provide the other parties hereto with prompt written notice of that fact and shall consult with the other parties hereto regarding such disclosure. At the request of the other parties, the Disclosing Party shall, to perform its the extent reasonably possible and with the cooperation and reasonable efforts of the other parties, seek a protective order, confidential treatment or other appropriate remedy. In any event, the Disclosing Party shall furnish only that portion of the information that is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be accorded to such information. (d) Notwithstanding any other provision of this Section 8.11, the confidentiality obligations under this Agreementof the parties shall not apply to: (i) information which a restricted party learns from a third party which the receiving party reasonably believes to have the right to make the disclosure, provided the restricted party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted party’s possession prior to such Party’s legal advisors the time of disclosure by the protected party and not acquired by the restricted party under a confidentiality obligation; or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or information which enters the public domain without breach of confidentiality by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDArestricted party.

Confidentiality and Non-Disclosure. 11.1 It (a) The terms and conditions of the Transaction Documents (collectively, the “Financing Terms”), including their existence, shall be considered strictly confidential information and shall not be disclosed by any of the Parties to any other Person except in accordance with the provisions set forth below. (b) Notwithstanding the foregoing, each of the Group Companies and the Purchaser, as appropriate, may become disclose any of the Financing Terms to their respective Affiliates, directors, employees, investment bankers, lenders, accountants and attorneys on an as-need-to-know basis, in each case only where such Persons are under appropriate nondisclosure obligations. (c) Each Party to this Agreement hereby acknowledges, affirms and agrees that it shall not and shall procure its Affiliates not to make any announcement or other publicity in connection with the Financing Terms without the consents of other Parties as to its content, form and manner of publication; provided that the Company may make announcement or other publicity in connection with the Financing Terms if such action is necessary during for its performance of obligations under the course Transaction Documents, in which case the Company shall promptly notify the other Parties hereof and the Parties shall use reasonable efforts to cause a mutually agreeable release or announcement to be issued. (d) In the event that any Party is requested or becomes legally compelled (including, pursuant to securities Laws) to disclose the existence or content of any of the Financing Terms hereof in contravention of the provisions of this Agreement for one Section 10.10, such Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDADisclosing Party”)) shall promptly provide the other Parties with written notice of that fact so that such other Parties may seek a protective order, confidential treatment or other appropriate remedy. In such event, the Disclosing Party shall furnish only that portion of the information that is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be given to such information to the extent reasonably requested by the other Parties. 11.2 Neither Party will disclose the existence of or terms (e) Notwithstanding any other provision of this Agreement or Section 10.10, the confidentiality obligations of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to shall not apply to: (i) those employees or agents of such information which a restricted Party who need learns from a third party having the right to know such terms in order for such make the disclosure, provided the restricted Party to perform its obligations under this Agreementcomplies with any restrictions imposed by the third party; (ii) to such information which is in the restricted Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposespossession prior to the time of disclosure by the protected Party and not acquired by the restricted Party under a confidentiality obligation; (iii) as required by court order or information which enters the public domain without breach of confidentiality by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other restricted Party; or (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related disclosures to a bona fide mergerParty’s accountants, consolidation, attorneys or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, other professional advisors on an as-need-to-know basis so long as, in all cases, prior as they agree to any keep such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAdisclosures confidential.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during 17.1 Confidential Information shall not include any information that: 17.1.1 is or hereafter becomes part of the course public domain by public use, publication, general knowledge or the like through no wrongful act, fault or negligence on the part of this Agreement for one Party to disclose to the other information which party in possession of or receiving the disclosing Party considers confidential Confidential Information (“Receiving Party”); 17.1.2 can be demonstrated by documentation or other competent proof to have been in the Receiving Party’s or its Affiliates’ possession prior to disclosure by the party disclosing the Confidential InformationInformation (“Disclosing Party”). Disclosure Almirall shall be treated as the Disclosing Party in respect of any Almirall IP, GW Pharma shall be treated as the Disclosing Party in respect of any GW Pharma IP; 17.1.3 is subsequently received by the Receiving Party or its Affiliates from a Third Party who is not bound by any obligation of confidentiality with respect to the said information; 17.1.4 is generally made available to Third Parties by the Disclosing Party without restriction on disclosure and not in breach of this Agreement; or 17.1.5 following the Term is independently developed by or for the Receiving Party or its Affiliates without reference to the Disclosing Party’s Confidential Information. Specific aspects or details of Confidential Information shall not be deemed to be within the public domain or in the possession of the Receiving Party merely because the Confidential Information is embraced by more general information in the public domain or in the possession of the Receiving Party. Further, any combination of Confidential Information shall not be considered in the public domain or in the possession of the Receiving Party merely because individual elements of such Confidential Information are in the public domain or in the possession of the Receiving Party unless the combination and its principles are in the public domain or in the possession of the Receiving Party. 17.2 At all times during the Term and subject to the provisions of Clause 17.3, each Party shall, and shall be governed cause its officers, directors, employees, consultants, Affiliates and sub-licensees to, keep confidential and not publish or otherwise disclose and not use, directly or indirectly, for any purpose, any Confidential Information, except to the extent such disclosure or use is expressly permitted by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or is reasonably necessary for the performance of this Agreement or is reasonably required as a matter of practice, for example, the placing of details of a clinical trial or clinical data on a web-site. 17.3 Each Party may disclose Confidential Information to the extent that such disclosure is: 17.3.1 made in response to a valid order of a court of competent jurisdiction or other competent authority; provided, however, that the Party shall first have given notice to the other Party and given the other Party a reasonable opportunity to quash any discussions such order or transactions engaged obtain a protective order requiring that the Confidential Information and Documents that are the subject of such order be held in hereunder between confidence by such court or authority or, if disclosed, be used only for the purpose for which the order was issued; and provided further that if such order is not quashed or a protective order is not obtained, the Confidential Information disclosed in response to such court or governmental order shall be limited to that information that is a Legal Requirement to be disclosed in response to such court or governmental order; 17.3.2 made by a Party or its Affiliates to a Regulatory Authority as may be necessary or useful in connection with any filing, application or request for a Marketing Authorisation; provided, however, that reasonable measures shall be taken to assure confidential treatment of such information, to the extent such protection is available; 17.3.3 made by the Party to a patent authority as may be necessary or useful for purposes of obtaining or enforcing a Patent Right (consistent with the terms and conditions of Clause 16); provided, however, that reasonable measures shall be taken to assure confidential treatment of such information, to the extent such protection is available; 17.3.4 otherwise required by law, regulation or established procedure, provided, however, that the Party shall (a) provide the other Party with reasonable advance notice of and an opportunity to comment on any such required disclosure, (b) if requested by the other Party, seek confidential treatment with respect to any such disclosure to the extent available, and (c) use good faith efforts to incorporate the comments of the other Party in any such disclosure or request for confidential treatment. Notwithstanding the foregoing, in the event that either Party is required by Legal Requirement or the requirements of a national securities exchange or another similar regulatory body to disclose Confidential Information, in whole or in part, the Parties shall use their best efforts to limit such disclosure to the extent necessary; or 17.3.5 made by a Party or its Affiliates or in the case of GW Pharma to its distributors, sub-licensees or Third Parties as may be necessary or useful in connection with the Development or Commercialisation of Product as contemplated by this Agreement, including subcontracting transactions in connection therewith; or 17.3.6 the general nature of the activities being performed under this Agreement and the relationship of the Parties under this Agreement: (A) to its actual or potential financial advisors and to lenders in connection with obtaining financing for its business, where each such potential financial advisor or lender prior to disclosure is bound by obligations of confidentiality that prohibit any further disclosure (except to lawyers acting on behalf of such investment bankers or lenders), and by obligations of non-use that permit use only for purposes of providing financing to that Party, (B) to potential venture capital or other investors in connection with a private placement of securities for purposes of obtaining financing for its business, where each such potential venture capital investor prior to disclosure is bound by obligations of confidentiality that prohibit any further disclosure (except to lawyers acting on behalf of such venture capital investor), and by obligations of non-use that permit use only for purposes of providing financing to the that Party, or (C) to its advisors and consultants, where each such advisor or consultant prior to disclosure is bound by obligations of confidentiality that prohibit any further disclosure, and by obligations of non-use that permit use only for purposes of providing services to the disclosing Party that are activities consistent with this Agreement; or (D) such disclosure is required or advisable with regard to the disclosure requirements of the U.S. Securities and Exchange Commission or the national securities exchange or other stock market or of a related regulatory body on which such Party’s securities are or are proposed to be traded; or (E) such disclosure is to potential M&A partners or potential marketing/distribution partners and their advisors where each such M&A partner, marketing/distribution partner or advisor prior to disclosure is bound by obligations of confidentiality that prohibit any further disclosure. 17.4 Neither Party shall mention or otherwise use the name, insignia, symbol, trademark, trade name or logotype of the other Party or its Affiliates in any publications, press release, promotional material or other form of publicity without the prior written permission consent of the otherother Party in each instance (which shall not be unreasonably withheld or delayed), except for those disclosures for which consent has previously been obtained. The restrictions imposed by this Clause 17.4 shall not prohibit either Party from making any disclosure identifying the other Party that is required by Legal Requirement or the requirements of a national securities exchange or another similar regulatory body, provided that any such disclosure shall be governed by this Clause 17.4. 17.4.1 Notwithstanding the foregoing, either Party shall be entitled to include the name of the other Party within a published list of collaborators. 17.4.2 Notwithstanding the foregoing, each Party shall have the right to use the name of the other party and the Products to the extent necessary or useful in connection with the Development or Commercialisation of Product as contemplated by this Agreement, including subcontracting transactions in connection therewith. 17.5 Other than the press releases pertaining to this transaction that the Parties have agreed upon and attached as Schedule 5 to this Agreement, neither Party shall issue any press release or make any other public announcement or statement concerning this Agreement or its terms without the prior written approval of the other Party, except that each Party (after consultation with counsel and after informing the other Party) may make such announcements and disclosures, if any, as may be required by Legal Requirement or the requirements of a Party national securities exchange or another similar regulatory body, or in connection with a public offering of securities or any filing with the U.S. Securities and Exchange Commission or a foreign equivalent. Further a Party, without obtaining prior written consent of the other Party, may disclose such the terms of this Agreement (limited or redacted, as applicable, to the extent reasonably possible)in the same circumstances as are set out in Clause 17.3.6 (iA) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; through (ii) to such E). 17.6 If a Party’s legal advisors approval is required for a proposed Confidential Information or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as Agreement disclosure, then the Party from which approval is being required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving will have no less than ten five (105) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable review and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to provide comment regarding any such disclosure the recipient of the disclosure proposed disclosure, unless a shorter review time is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAagreed.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during During the course Term of this Agreement for one Party Agreement, Employer has disclosed and will continue to disclose to Employee certain confidential information, which is proprietary and valuable, relating to the other Company’s oil and gas exploration activities, which confidential information which includes, but is not limited to, geological and geophysical data, maps, models, and interpretations, and may include commercial, contractual and financial information (hereinafter referred to as the disclosing Party considers confidential (“Confidential Information”). Disclosure Employee hereby agrees to the following in respect of such the Confidential Information during the term of this Agreement and for one year thereafter: a. Employee shall maintain the Confidential Information strictly confidential and the Confidential Information shall not be used by Employee or sold, traded, published or otherwise disseminated to anyone, in any manner whatsoever, including by means of photocopy or other reproduction, without Employer’s prior written consent, except as provided in subparagraphs (b), (c) and (d) below In the event that Employee’s employment hereunder is terminated pursuant to Section 7 hereof, Employee agrees that the Confidential Information shall be governed used only for the benefit of Employer and not in any manner detrimental to the business interests of Employer. b. Employee may disclose the Confidential Information without Employer’s prior written consent only to the extent that such information: i. Is already in the possession of Employee, through means other than the Company, at the time of its disclosure to Employee; ii. Is already in possession of the public or becomes available to the public other than through the act or omission of Employee; iii. Is required to be disclosed under applicable law or by a governmental or stock exchange order, decree, regulation or rule (provided that Employee shall give written notice to Employer prior to such disclosure); or iv. Is acquired independently from a third party that represents that it has the terms right to disseminate such information at the time it is acquired by Employee. c. Employee shall be entitled to disclose the Confidential Information without Employer’s prior written consent to such of the following persons who have a clear need to know in order to evaluate the Confidential Information: i. Employees, officers and directors of Employer or an Employer Affiliated Company (as hereinafter defined); or ii. Any professional consultant or agent retained by Employer for the purpose of evaluating the Confidential Information. d. Employee shall make diligent efforts to ensure that certain separate Corporate Non-Disclosure Agreement dated September 19all the persons to whom the Confidential Information is disclosed pursuant to this Section 6 shall keep such information confidential and shall not disclose or divulge the same to any unauthorized person. If Employee makes such diligent efforts and a third party to which Employee disclosed Confidential Information discloses or uses such Confidential Information to the detriment of Employer, 2002, Intel CNDA #2201641 (the “CNDA”Employee shall not be liable for any costs or damages to Employer arising thereby. In no event shall Employee shall be liable to Employer for any costs or damages resulting from disclosures made by those persons disclosed Confidential Information under Section 6(c). 11.2 Neither Party will disclose e. The Confidential Information shall remain the existence property of or terms of this Agreement or of Employer and Employer may demand the return thereof at any discussions or transactions engaged in hereunder between the Parties without the prior time upon giving written permission of the other, except that a Party may disclose such terms notice to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than Employee. Within ten (10) business days notice of receipt of such notice, Employee shall return to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially Employer all of the assets of Intellon; original Confidential Information and shall destroy all copies and reproductions (vi) upon receipt of prior both written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosedand electronic), which in no instance shall such authorization be unreasonably withheld, conditioned Employee’s possession or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAcontrol.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during the course The terms and conditions of this Agreement for one Party shall only be disclosed to disclose Buyer's and/or Seller's employees and representatives on a "need to the other information which the disclosing Party considers confidential (“Confidential Information”)know" basis and shall not be disclosed to any third party. Disclosure Such terms and conditions shall under no circumstances be disclosed to a competitor of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”)Seller or Buyer. 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties Except as provided below, neither party shall, without the prior express written permission of the other, except disclose this Agreement or the terms hereof to any third party, provided, however, that a Party each party may disclose such terms information related to this Agreement to any Federal, state or local governmental agency, authority or commission, or any court, tribunal or arbitrator (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iiicollectively, "Official Bodies") as required by court order law, including those which regulate Buyer's business. With respect to such disclosure to Official Bodies, the parties each agree: (1) to appropriately limit their respective requests and/or requirements for the disclosure or by delivery of such confidential information to the rules of civil procedure in litigation pursuant minimum necessary to a protective order maintaining the confidentiality of this information, after giving no less than ten comply with applicable law; (102) business days notice to provide to the other Party; (iv) as required to comply with timely notice of any Official Body's disclosure requirement so that the party seeking protection of such information can contest such disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities requirement to the fullest extent allowable allowed by law, and practicable under the circumstances; (v3) to bona fide potential acquirers undertake such steps as required in connection with due diligence related may be available pursuant to law or regulation to provide for the confidentiality of any such confidential information released or disclosed to any Official Body. To the extent that the disclosure of any such confidential information to a bona fide mergerthird party (other than to Official Bodies, consolidationas described above) is necessary, or sale of all or substantially all each of the assets parties agrees to give notice thereof to the other party and request that the party seeking protection of Intellon; such information shall have the right to obtain from such third parties any enforceable * CONFIDENTIAL MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. BRACKETS AND UNDERSCORES DENOTE SUCH OMISSIONS. confidentiality agreements providing for protection at least as stringent as those provided hereby. Except as to information which may become public through means other than the action or inaction of the party charged with improper disclosure, this Agreement shall remain in effect for a period of five years after the term of this Agreement expires 11.3 Any reference to Buyer, this Agreement, the quantities of coal purchased by Buyer hereunder or other data relating to such purchases or the Station for Seller's advertising or reporting purposes shall be promptly reviewed by Buyer prior to release and (vi) upon receipt of shall not be released without the prior written authorization from Intel (consent of Buyer, which may stipulate that certain provisions of the Agreement may consent shall not be disclosed)unreasonably withheld or delayed. Any reference to Seller, this Agreement, the quantities of coal sold to Buyer hereunder or other data relating to such sales or the Source Mines for Buyer's advertising or reporting purposes shall be promptly reviewed by Seller prior to release and shall not be released without the prior written consent of Seller, which in no instance consent shall such authorization not unreasonably be unreasonably withheld, conditioned withheld or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDA.

Confidentiality and Non-Disclosure. 11.1 It may become necessary (a) The Employee shall hold in strict confidence and shall not, either during the course of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms term of this Agreement or after the termination hereof, disclose, directly or indirectly, to any third party, person, firm, corporation or other entity, irrespective of whether such person or entity is a competitor of the Company or is engaged in a business similar to that of the Company, any trade secrets or other proprietary or confidential information of the Company or any subsidiary or affiliate (as defined in Section 11) of the Company obtained by the Employee from or through his employment hereunder. The Employee hereby acknowledges and agrees that all proprietary information referred to in this Section 12 shall be deemed trade secrets of the Company and of its subsidiaries and affiliates, as defined in Section 11. Employee further acknowledges that the Company’s products and titles consist of copyrighted material, and Employee shall exercise his best efforts to prevent the use of such copyrighted material by any person or entity which has not prior thereto been authorized to use such information by the Company. (b) The Employee further hereby agrees and acknowledges that any disclosure of any discussions proprietary information prohibited herein, or transactions engaged in hereunder between the Parties without the prior written permission any breach of the otherprovisions of Sections 4 or 10 of this Agreement, except may result in irreparable injury and damage to the Company which will not be adequately compensable in monetary damages, that a Party the Company will have no adequate remedy at law therefore, and that the Company may disclose obtain such terms preliminary, temporary or permanent mandatory or restraining injunctions, orders or decrees as may be necessary to protect the company against, or on account of, any breach by the Employee of the provisions contained in Sections 5, 11 or 12 . The Employee shall reimburse the reasonable legal fees and other costs incurred by the Company in enforcing the provisions of Sections 5, 11 and 12 of this Agreement. (c) The Employee further agrees that, upon termination of this Agreement, whether voluntary or involuntary or with or without cause, the Employee shall notify any new employer, partner, associate or any other firm or corporation with whom the Employee shall become associated in any capacity whatsoever of the provisions of this Section 12, and that the Company may give such notice to such firm, corporation or other person. (d) Notwithstanding the foregoing limitations, the Employee shall not be required to keep confidential pursuant to this Section 12 any confidential or proprietary information that: (i) those employees is known or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; available through other lawful sources, not bound by a confidentiality agreement with the Employee, (ii) to such Party’s legal advisors is or financial advisors becomes publicly known or authorities for legal advice generally known in the industry through no fault of the Employee or tax his agents or accounting purposes; (iii) as is required by court order or by the rules of civil procedure in litigation to be disclosed pursuant to a protective order maintaining the confidentiality of this informationany statutes, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases rules, regulations, ordinances, codes, directives, writs, injunctions, decrees, judgments, and orders of any governmental body (provided the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of Company is given reasonable prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosednotice), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDA.

Confidentiality and Non-Disclosure. 11.1 It may become necessary (a) The Executive shall hold in strict confidence and shall not, either during the course of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms term of this Agreement or after the termination hereof, disclose, directly or indirectly, to any third party, person, firm, corporation or other entity, irrespective of any discussions whether such person or transactions entity is a competitor of the Company or is engaged in hereunder between the Parties without the prior written permission a business similar to that of the otherCompany, except that a Party may disclose such terms to any trade secrets or other proprietary or confidential information of the Company or any subsidiary or affiliate (ias defined in Section 10) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or the Company obtained by the rules of civil procedure Executive from or through his employment hereunder. The Executive hereby acknowledges and agrees that all proprietary information referred to in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party Section 11 shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all be deemed trade secrets of the assets Company and of Intellon; its subsidiaries and (vi) upon receipt of prior written authorization affiliates, as defined in Section 10, and that the Executive shall take such steps, undertake such actions and refrain from Intel (which may stipulate that certain taking such other actions, as mandated by the provisions hereof and by the provisions of the Agreement Virginia Uniform Trade Secret Act. Executive further acknowledges that the Company's products and titles consist of copyrighted material, and Executive shall exercise his best efforts to prevent the use of such copyrighted material by any person or entity which has not prior thereto been authorized to use such information by the Company. (b) The Executive further hereby agrees and acknowledges that any disclosure of any proprietary information prohibited herein, or any breach of the provisions of Sections 4 or 10 of this Agreement, may result in irreparable injury and damage to the Company which will not be disclosed)adequately compensable in monetary damages, which that the Company will have no adequate remedy at law therefor, and that the Company may obtain such preliminary, temporary or permanent mandatory or restraining (c) The Executive further agrees that, upon termination of this Agreement, whether voluntary or involuntary or with or without cause, the Executive shall notify any new employer, partner, associate or any other firm or corporation with whom the Executive shall become associated in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient capacity whatsoever of the disclosure is bound provisions of this Section 11, and that the Company may give such notice to hold the information under confidentiality restrictions similar in force to those provided in the CNDAsuch firm, corporation or other person.

Confidentiality and Non-Disclosure. 11.1 It (a) Each Party may become necessary during the course of this Agreement have a proprietary interest or other need for one Party to disclose confidentiality in non-public information that may be furnished to the other information which the disclosing Party considers confidential pursuant to this Agreement (“Confidential Information”). Disclosure of The Party disclosing such Confidential Information shall be governed by the terms of that certain separate Corporate referred to in this Section 16.9 (Confidentiality and Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (Disclosure) as the “CNDADisclosing Party,” and the Party receiving such Confidential Information shall be referred to as the “Receiving Party.” (b) The Receiving Party will hold in confidence and, without the consent of the Disclosing Party, will not use, reproduce, distribute, transmit, or disclose, directly or indirectly, the Confidential Information of the Disclosing Party except as permitted herein. The Receiving Party may only disclose the Confidential Information to its officers, directors, employees, professional advisors and independent contractors and consultants with a direct need to know the information for the implementation or exercise of rights and/or performance of obligations under or arising from this Contract, provided that such persons/entities (other than officers, directors and employees) are bound to confidentiality with terms and conditions that is no less restrictive than those contained in this Section 16.9 (Confidentiality and Non-Disclosure). Without limiting the foregoing, the Receiving Party agrees that it will exercise at least the same standard of care in protecting the confidentiality of the Disclosing Party’s Confidential Information as it does with its own Confidential Information of a similar nature, but in any event, no less than reasonable care. 11.2 Neither Party will disclose the existence of or terms (c) Confidential Information for purposes of this Agreement or of any discussions or transactions engaged in hereunder between Contract shall not include information if and only to the Parties without extent that the prior written permission of Receiving Party establishes that the other, except that a Party may disclose such terms to information: (i) those employees is or agents becomes a part of such Party who need to know such terms in order for such Party to perform its obligations under this Agreementthe public domain through no act or omission of the Receiving Party; (ii) to such was in the Receiving Party’s legal advisors lawful possession prior to the disclosure and had not been obtained by the Receiving Party either directly or financial advisors indirectly from the Disclosing Party; or authorities for legal advice or tax or accounting purposes; (iii) as required is lawfully disclosed to the Receiving Party by court order or a third party without restriction on disclosure. Confidential Information may also be disclosed by the rules of civil procedure in litigation Receiving Party pursuant to a protective requirement of a governmental agency, regulatory body or by operation of law, provided that the recipient shall disclose only that part of the Confidential Information that it is required to disclose and shall notify the Disclosing Party prior to such disclosure in a timely fashion in order maintaining to permit the Disclosing Party to lawfully attempt to prevent or restrict such disclosure should it so elect, and shall take all other reasonable and lawful measures to ensure the continued confidential treatment of the same by the party to which the Confidential Information is disclosed. (d) Any provision herein to the contrary notwithstanding, HECO may disclose Confidential Information to the Commission, the Consumer Advocate, and/or any other governmental regulatory agency with notice to, but without need of prior consent by SELLER, provided that HECO takes reasonable steps to obtain approval to submit the same under seal or under other procedures designed to preserve the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAConfidential Information.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during the course (i) The terms and conditions of this Agreement, and all exhibits and schedules attached to this Agreement for one Party (collectively, the “Financing Terms”), including their existence, shall be considered confidential information and shall not be disclosed by any party hereto to any third party except in accordance with the provisions set forth below; provided that such confidential information shall not include any information that is in the public domain other than caused by the breach of the confidentiality obligations hereunder. (ii) Any press release issued by the Company shall not disclose any of the Financing Terms and the final form of such press release shall be approved in advance in writing by approval of Preferred Shareholders Majority. No other announcement regarding any of the Financing Terms in a press release, conference, advertisement, announcement, professional or trade publication, mass marketing materials or otherwise to the general public may be made without prior written consent from the Preferred Shareholders Majority. (iii) Notwithstanding the foregoing, any party may disclose any of the Financing Terms to its current or bona fide prospective investors, employees, investment bankers, lenders, partners, accountants and attorneys, in each case only where such persons or entities have the need to know such information and are subject to appropriate nondisclosure obligations. Without limiting the generality of the foregoing, Preferred Shareholder shall be entitled to disclose the Financing Terms for the purposes of fund reporting or inter-fund reporting or to the their fund manager, other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed funds managed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19their fund manager and their respective auditors, 2002counsel, Intel CNDA #2201641 (the “CNDA”)directors, officers, employees, shareholders or investor. 11.2 Neither Party will (iv) In the event that any party is requested or becomes legally compelled (including without limitation, pursuant to securities laws and regulations) to disclose the existence of this Agreement, any of the exhibits and schedules attached to such agreements, or terms any of the Financing Terms hereof in contravention of the provisions of this Agreement or Section 12.13 (iv), such party (the “Disclosing Party”) shall provide the other parties with prompt written notice of any discussions or transactions engaged in hereunder between that fact and use all reasonable efforts to seek (with the Parties without the prior written permission cooperation and reasonable efforts of the other, except that a Party may disclose such terms to (iother parties) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining order, confidential treatment or other appropriate remedy. In such event, the confidentiality Disclosing Party shall furnish only that portion of this information, after giving no less than ten (10) business days notice the information which is legally required to be disclosed and shall exercise reasonable efforts to keep confidential such information to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; reasonably requested. (v) to bona fide potential acquirers as required The provisions of this Section 12.13 shall be in connection with due diligence related to a bona fide mergeraddition to, consolidationand not in substitution for, or sale the provisions of all or substantially all any separate nondisclosure agreement executed by any of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of parties with respect to the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAtransactions contemplated hereby.

Confidentiality and Non-Disclosure. 11.1 It (a) The terms and conditions of the Transaction Documents (collectively, the “Financing Terms”), including their existence, shall be considered strictly confidential information and shall not be disclosed by any of the Parties to any other Person except in accordance with the provisions set forth below. (b) Notwithstanding the foregoing, eachof the Group Companies and the Purchaser, as appropriate, may become disclose any of the Financing Terms to their respective affiliates, directors, employees, investment bankers, lenders, accountants and attorneys on an as-need-to-know basis, in each case only where such Persons are under appropriate nondisclosure obligations. (c) Each Party to this Agreement hereby acknowledges, affirms and agrees that it shall not and shall procure its affiliates not to make any announcementor other publicity in connection with the Financing Terms without the consents of other Parties as to its content, form and manner of publication; provided that the Company may make announcement or other publicity in connection with the Financing Terms if such action is necessary during for its performance of obligations under the course Transaction Documents, in which case the Company shall promptly notify the other Parties hereof and the Parties shall use reasonable efforts to cause a mutually agreeable release or announcement to be issued. (d) In the event that any Party is requested or becomes legally compelled (including, pursuant to securities Laws) to disclose the existence or content of any of the Financing Terms hereof in contravention of the provisions of this Agreement for one Section 10.10, such Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDADisclosing Party”)) shall promptly provide the other Parties with written notice of that fact so that such other Parties may seek a protective order, confidential treatment or other appropriate remedy. In such event, the Disclosing Party shall furnish only that portion of the information that is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be given to such information to the extent reasonably requested by the other Parties. 11.2 Neither Party will disclose the existence of or terms (e) Notwithstanding any other provision of this Agreement or Section 10.10, the confidentiality obligations of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to shall not apply to: (i) those employees or agents of such information which a restricted Party who need learns from a third party having the right to know such terms in order for such make the disclosure, provided the restricted Party to perform its obligations under this Agreementcomplies with any restrictions imposed by the third party; (ii) to such information which is in the restricted Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposespossession prior to the time of disclosure by the protected Party and not acquired by the restricted Party under a confidentiality obligation; (iii) as required by court order or information which enters the public domain without breach of confidentiality by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other restricted Party; or (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related disclosures to a bona fide mergerParty’s accountants, consolidation, attorneys or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, other professional advisors on an as-need-to-know basis so long as, in all cases, prior as they agree to any keep such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAdisclosures confidential.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during the course (a) The terms and conditions of this Agreement for one and the other Transaction Agreements, any term sheet or memorandum of understanding entered into pursuant to the transactions contemplated hereby, all exhibits and schedules attached hereto and thereto, the transactions contemplated hereby and thereby, including their existence, and all information furnished by any Party hereto and by representatives of such Party to disclose to any other Party hereof or any of the other information which representatives of such Parties (collectively, the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information , shall be governed considered confidential information and shall not be disclosed by any Party hereto to any third party except in accordance with the terms provisions set forth below. The obligations of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (each Party hereto under this Section 9.18 shall survive and continue to be binding upon such Party for a period of three years after the “CNDA”)termination of this Agreement. 11.2 Neither Party will disclose (b) Notwithstanding the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between foregoing, the Parties without Company and the prior written permission of the other, except that a Party Purchaser may disclose such terms to (i) those employees the Confidential Information to its current or agents bona fide prospective Purchaser, Affiliates of such Party the Company and the Purchaser and their respective employees, bankers, lenders, accountants, legal counsels, business partners or representatives or advisors who need to know such terms information, in each case only where such persons or entities are informed of the confidential nature of the Confidential Information and are under appropriate nondisclosure obligations substantially similar to those set forth in this Section 9.10, (ii) such Confidential Information as is required to be disclosed pursuant to routine examination requests from Governmental Authorities with authority to regulate such Party’s operations, in each case as such Party deems appropriate in its sole discretion, and (iii) the Confidential Information to any Person to which disclosure is approved in writing by the other Parties hereto. Any Party hereto may also provide disclosure in order for to comply with applicable Laws, as set forth in Section 9.19(c) below. (c) Except as set forth in Section 9.19(b) above, in the event that any Party is requested or becomes legally compelled (including without limitation, pursuant to any applicable Tax, securities, or other Laws and regulations of any jurisdiction) to disclose the existence of this Agreement or any other Transaction Document or content of any of the financing terms hereunder, such Party (the “Disclosing Party”) shall, to perform its the extent legally permitted and reasonably possible, provide the other Parties hereto with prompt written notice of that fact and consult with the other Parties hereto regarding such disclosure. At the request of the other Parties, the Disclosing Party shall, to the extent reasonably possible and with the cooperation and reasonable efforts of the other Parties, seek a protective order, confidential treatment or other appropriate remedy. In any event, the Disclosing Party shall furnish only that portion of the information that is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be accorded to such information. (d) Notwithstanding any other provision of this Section 9.19, the confidentiality obligations under this Agreementof the Parties shall not apply to: (i) information which a Party learns from a third party which the receiving Party reasonably believes to have the right to make the disclosure, provided the receiving Party complies with any restrictions imposed by the third party; (ii) to such information which is rightfully in the receiving Party’s legal advisors possession prior to the time of disclosure by the Disclosing Party and not acquired by the receiving Party under a confidentiality obligation; or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or information which enters the public domain without breach of confidentiality by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other receiving Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDA.

Confidentiality and Non-Disclosure. 11.1 It may become necessary Employee recognizes and acknowledges that during the Employment Period he will have access to certain confidential information relating to the Company and its affiliates, including, but not limited to, operational policies, financial information, marketing information, personnel information, trade secrets, customer information (including customer lists), and pricing and cost policies, that are valuable, special and unique assets of the Company (collectively, "Confidential Information"). Employee agrees that he will not use or disclose such Confidential Information to any person, firm, corporation, association or other entity for any purpose or reason whatsoever, except as is required in the course of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in performing his duties hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to unless (i) those employees such information becomes known to the public generally through no breach by Employee of this covenant or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as disclosure is required by court order law or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as any governmental authority or is required in connection with due diligence related the defense of a lawsuit against the disclosing party, provided, that prior to disclosing any information pursuant to this clause (ii), Employee shall give prior written notice thereof to the Company and provide the Company with the opportunity to contest such disclosure. Employee agrees that, both during the Employment Period and for a bona fide mergerperiod of twelve (12) months after the termination of this Agreement, consolidation, or sale of all or substantially all Employee will hold in a fiduciary capacity for the benefit of the assets of Intellon; Company, and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of shall not directly or indirectly use or disclose, except as authorized by the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors Company in connection with due diligence related the performance of Employee's duties, any Confidential Information, that Employee may have or may acquire (whether or not developed or compiled by Employee and whether or not Employee has been authorized to have access to such Confidential Information) during the term of this Agreement. The covenants contained in this SECTION 6 shall survive for the Employment Period and for a bona fide equity financing transactionperiod of twelve (12) months thereafter; provided, so long ashowever, that with respect to those items of Confidential Information which constitute trade secrets under applicable law, Employee's obligations of confidentiality and non-disclosure as set forth in all cases, prior this SECTION 6 shall continue to any such disclosure survive after the recipient applicable period above to the greatest extent permitted by applicable law. These rights of the disclosure is bound to hold the information under confidentiality restrictions similar Company are in force addition to those provided in rights the CNDACompany has under the common law or applicable statutes for the protection of trade secrets.

Confidentiality and Non-Disclosure. 11.1 It may become necessary Employee recognizes and acknowledges that during the Employment Period he will have access to certain confidential information relating to the Company and its affiliates, including, but not limited to, operational policies, financial information, marketing information, personnel information, trade secrets, customer information (including customer lists), and pricing and cost policies, that are valuable, special and unique assets of the Company (collectively, "Confidential Information"). Employee agrees that he will not use or disclose such Confidential Information to any person, firm, corporation, association or other entity for any purpose or reason whatsoever, except as is required in the course of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in performing his duties hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to unless (i) those employees such information becomes known to the public generally through no breach by Employee of this covenant or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as disclosure is required by court order law or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as any governmental authority or is required in connection with due diligence related the defense of a lawsuit against the disclosing party, provided, that prior to disclosing any information pursuant to this clause (ii), Employee shall give prior written notice thereof to the Company and provide the Company with the opportunity to contest such disclosure. Employee agrees that, both during the Employment Period and for a bona fide mergerperiod of twenty-four (24) months after the termination of this Agreement, consolidation, or sale of all or substantially all Employee will hold in a fiduciary capacity for the benefit of the assets of Intellon; Company, and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of shall not directly or indirectly use or disclose, except as authorized by the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors Company in connection with due diligence related the performance of Employee's duties, any Confidential Information, that Employee may have or may acquire (whether or not developed or compiled by Employee and whether or not Employee has been authorized to have access to such Confidential Information) during the term of this Agreement. The covenants contained in this SECTION 6 shall survive for the Employment Period and for a bona fide equity financing transactionperiod of twenty-four (24) months thereafter; provided, so long ashowever, that with respect to those items of Confidential Information which constitute trade secrets under applicable law, Employee's obligations of confidentiality and non-disclosure as set forth in all cases, prior this SECTION 6 shall continue to any such disclosure survive after the recipient applicable period above to the greatest extent permitted by applicable law. These rights of the disclosure is bound to hold the information under confidentiality restrictions similar Company are in force addition to those provided in rights the CNDACompany has under the common law or applicable statutes for the protection of trade secrets.

Confidentiality and Non-Disclosure. 11.1 It (a) The terms and conditions of the Transaction Documents (collectively, the “Financing Terms”), including their existence, shall be considered strictly confidential information and shall not be disclosed by any of the Parties to any other Person except in accordance with the provisions set forth below. (b) Notwithstanding the foregoing, each of the Group Companies and the Purchasers, as appropriate, may become disclose any of the Financing Terms to their respective Affiliates, directors, employees, investment bankers, lenders, accountants and attorneys on an as-need-to-know basis, in each case only where such Persons are under appropriate nondisclosure obligations. (c) Each Party to this Agreement hereby acknowledges, affirms and agrees that it shall not and shall procure its Affiliates not to make any announcement or other publicity in connection with the Financing Terms without the consents of other Parties as to its content, form and manner of publication; provided that the Company may make announcement or other publicity in connection with the Financing Terms if such action is necessary during for its performance of obligations under the course Transaction Documents, in which case the Company shall promptly notify the other Parties hereof and the Parties shall use reasonable efforts to cause a mutually agreeable release or announcement to be issued. (d) In the event that any Party is requested or becomes legally compelled (including, pursuant to securities Laws) to disclose the existence or content of any of the Financing Terms hereof in contravention of the provisions of this Agreement for one Section 9.11, such Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDADisclosing Party”)) shall promptly provide the other Parties with written notice of that fact so that such other Parties may seek a protective order, confidential treatment or other appropriate remedy. In such event, the Disclosing Party shall furnish only that portion of the information that is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be given to such information to the extent reasonably requested by the other Parties. 11.2 Neither Party will disclose the existence of or terms (e) Notwithstanding any other provision of this Agreement or Section 9.11, the confidentiality obligations of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to shall not apply to: (i) those employees or agents of such information which a restricted Party who need learns from a third party having the right to know such terms in order for such make the disclosure, provided the restricted Party to perform its obligations under this Agreementcomplies with any restrictions imposed by the third party; (ii) to such information which is in the restricted Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposespossession prior to the time of disclosure by the protected Party and not acquired by the restricted Party under a confidentiality obligation; (iii) as required by court order or information which enters the public domain without breach of confidentiality by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other restricted Party; or (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related disclosures to a bona fide mergerParty’s accountants, consolidation, attorneys or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, other professional advisors on an as-need-to-know basis so long as, in all cases, prior as they agree to any keep such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAdisclosures confidential.

Confidentiality and Non-Disclosure. 11.1 It (a) The terms and conditions of the Transaction Documents (collectively, the “Financing Terms”), including their existence, shall be considered strictly confidential information and shall not be disclosed by any of the Parties to any other Person except in accordance with the provisions set forth below. (b) Notwithstanding the foregoing, each of the Group Companies and the Purchaser, as appropriate, may become disclose any of the Financing Terms to their respective Affiliates, directors, employees, investment bankers, lenders, accountants and attorneys on an as-need-to-know basis, in each case only where such Persons are under appropriate nondisclosure obligations. (c) Each Party to this Agreement hereby acknowledges, affirms and agrees that it shall not and shall procure its Affiliates not to make any announcement or other publicity in connection with the Financing Terms without the written consents of other Parties as to its content, form and manner of publication; provided that the Company may make announcement or other publicity in connection with the Financing Terms if such action is necessary during for its performance of obligations under the course Transaction Documents, in which case the Company shall promptly notify the other Parties hereof and the Parties shall use reasonable efforts to cause a mutually agreeable release or announcement to be issued. (d) In the event that any Party is requested or becomes legally compelled (including, pursuant to securities Laws) to disclose the existence or content of any of the Financing Terms hereof in contravention of the provisions of this Agreement for one Section 10.10, such Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDADisclosing Party”)) shall promptly provide the other Parties with written notice of that fact so that such other Parties may seek a protective order, confidential treatment or other appropriate remedy. In such event, the Disclosing Party shall furnish only that portion of the information that is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be given to such information to the extent reasonably requested by the other Parties. 11.2 Neither Party will disclose the existence of or terms (e) Notwithstanding any other provision of this Agreement or Section 10.10, the confidentiality obligations of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to shall not apply to: (i) those employees or agents of such information which a restricted Party who need learns from a third party having the right to know such terms in order for such make the disclosure, provided the restricted Party to perform its obligations under this Agreementcomplies with any restrictions imposed by the third party; (ii) to such information which is in the restricted Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposespossession prior to the time of disclosure by the protected Party and not acquired by the restricted Party under a confidentiality obligation; (iii) as required by court order or information which enters the public domain without breach of confidentiality by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other restricted Party; or (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related disclosures to a bona fide mergerParty’s accountants, consolidation, attorneys or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, other professional advisors on an as-need-to-know basis so long as, in all cases, prior as they agree to any keep such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAdisclosures confidential.

Confidentiality and Non-Disclosure. 11.1 It may become necessary 18.1 At all times during the course term of this Agreement for one each Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDAReceiving Party”) shall, and shall cause its officers, directors, employees, consultants, Affiliates and, in respect of Licensee, its sub-licensees to, keep confidential and not publish or otherwise disclose and not use, directly or indirectly, for any purpose, any Confidential Information provided to it by the other Party (the “Disclosing Party”). 11.2 Neither Party will disclose , except to the existence of extent such disclosure or use is expressly permitted by the terms of this Agreement or is reasonably necessary for the performance of this Agreement. Licensee shall be treated as the Disclosing Party in respect of any discussions Licensee IP, Licensor shall be treated as the Disclosing Party in respect of any Licensor IP. 18.2 Each Party may disclose Confidential Information provided to it by the other Party to the extent that such disclosure is: 18.2.1 made in response to a valid order of a court of competent jurisdiction or other Competent Authority; provided, however, that the Receiving Party shall first have given notice to the Disclosing Party and given the Disclosing Party a reasonable opportunity to quash any such order or obtain a protective order requiring that the Confidential Information and documents that are the subject of such order be held in confidence by such court or authority or, if disclosed, be used only for the purpose for which the order was issued; and provided further that if such order is not quashed or a protective order is not obtained, the Confidential Information disclosed in response to such court or governmental order shall be limited to that information that is legally required to be disclosed in response to such court or governmental order; 18.2.2 made by a Party or its Affiliates to a Regulatory Authority as may be necessary or useful in connection with any filing, application or request for a Marketing Authorisation; provided, however, that reasonable measures shall be taken to assure confidential treatment of such information, to the extent such protection is available; 18.2.3 made by the Receiving Party to a patent authority as may be necessary or useful for purposes of obtaining or enforcing a Patent Right (consistent with the terms and conditions of Clause 17); provided, however, that reasonable measures shall be taken to assure confidential treatment of such information, to the extent such protection is available; 18.2.4 otherwise required by law, regulation or established procedure, (including any filing required by any national securities exchange or another similar regulatory body (whether of the whole or any redacted version) provided, however, that the Receiving Party shall (a) provide the Disclosing Party with reasonable advance notice of and an opportunity to comment on any such required disclosure, (b) if requested by the Disclosing Party, seek confidential treatment with respect to any such disclosure to the extent available, and (c) use good faith efforts to incorporate the comments of the Disclosing Party in any such disclosure or request for confidential treatment; or 18.2.5 made by a Party or its Affiliates to Third Parties as may be necessary or useful in connection with the Commercialisation of Product as contemplated by this Agreement, including subcontracting transactions engaged in hereunder between connection therewith. 18.3 Notwithstanding the foregoing, Confidential Information shall not include any information that: 18.3.1 is or hereafter becomes part of the public domain by public use, publication, general knowledge or the like through no wrongful act, fault or negligence on the part of the Receiving Party; 18.3.2 can be demonstrated by documentation or other competent proof to have been in the Receiving Party’s or its Affiliates’ possession prior to disclosure by the Disclosing Party; 18.3.3 is subsequently received by the Receiving Party or its Affiliates from a Third Party who is not bound by any obligation of confidentiality with respect to the said information; 18.3.4 is generally made available to Third Parties by the Disclosing Party without restriction on disclosure; or 18.3.5 is independently developed by or for the Receiving Party or its Affiliates without reference to the Disclosing Party’s Confidential Information. 18.4 Specific aspects or details of Confidential Information shall not be deemed to be within the public domain or in the possession of the Receiving Party merely because the Confidential Information is embraced by more general information in the public domain or in the possession of the Receiving Party. Further, any combination of Confidential Information shall not be considered in the public domain or in the possession of the Receiving Party merely because individual elements of such Confidential Information are in the public domain or in the possession of the Receiving Party unless the combination and its principles are in the public domain or in the possession of the Receiving Party. 18.5 The Parties acknowledge that scientific publications must be strictly monitored to prevent any adverse effect from premature publications of results of the research and development activities hereunder. Accordingly, the Parties shall not publish, present or otherwise disclose any material related to the Lifecycle Management Plan or the Commercialisation of the Product without the prior written permission consent of the otherJSC (such consent not to be unreasonably withheld or delayed). Each Party’s contribution to such material results shall be duly recognised in such publications. 18.6 Neither Party shall mention or otherwise use the name, insignia, symbol, trademark, trade name or logotype of the other Party or its Affiliates in any publications, press release, promotional material or other form of publicity without the prior written consent of the other Party in each instance (which shall not be unreasonably withheld or delayed), except for those disclosures for which consent has previously been obtained. The restrictions imposed by this Clause 18.6 shall not prohibit either Party from making any disclosure identifying the other Party that is required by Applicable Law or the requirements of a national securities exchange or another similar regulatory body, provided that any such disclosure shall be governed by this Clause 18.6. 18.7 Notwithstanding the foregoing, Licensor shall be entitled to include the name of Licensee within a published list of collaborators. 18.8 Notwithstanding the foregoing, each Party shall have the right to use the name of the other party and the Products to the extent necessary or useful in connection with the Commercialisation of Product as contemplated by this Agreement, including subcontracting and sublicensing transactions in connection therewith. 18.9 Neither Party shall issue any press release or make any other public announcement or statement concerning this Agreement or the transactions covered by it without the prior written approval of the other Party, except that a each Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to consultation with counsel and after informing the other Party; (iv) may in accordance with Clause 18.2 make such announcements and disclosures, if any, as may be required to comply with by Applicable Law or the disclosure obligations requirements of applicable a national securities lawsexchange or another similar regulatory body, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required or in connection with due diligence related to a bona fide merger, consolidation, public offering of securities or sale of all any filing with the U.S. Securities and Exchange Commission or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAforeign equivalent.

Confidentiality and Non-Disclosure. 11.1 It 1. All details, documents, data, application, software, systems, papers, statements, business/customer information and IHLL’s practices and trade secrets (hereinafter referred to as ‘confidential information’) which may become necessary during the course of this Agreement for one Party to disclose come to the other information which knowledge and/or be communicated to the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information Direct Sales Associate and / or its employees shall be governed by treated as absolutely confidential and privileged; and the terms of Direct Sales Associate irrevocably agrees and undertakes and ensures that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will Direct Sales Associate and all its employees shall be keep the same secret and confidential and not disclose the existence of same, in whole or terms of this Agreement or of in part, to any discussions or transactions engaged in hereunder between the Parties person without the prior written permission of IHLL nor shall use or allow to be used any information except to the othervery limited extent that may be required for the due performance of the Direct Sales Associate’s obligation hereunder. The Direct Sales Associate hereby specifically agrees to indemnify and keep IHLL indemnified, except safe and harmless at all times against all and for any consequences that a Party may disclose arise out of any breach of this undertaking by the Direct Sales Associate and/or its employees and shall immediately reimburse and pay to IHLL on demand all damages, loss, cost, expenses or any changes that IHLL may suffer, incur or pay in connection therewith. 2. Take all necessary action to protect the confidential information against misuse, loss, destruction and/or alteration and to maintain all such terms information in the manner and mode specified and/or required by IHLL. 3. Not to misuse or permit the misuse (iwhether directly or indirectly) those employees and/or commercially exploit the confidential information for economic or agents any other benefit. 4. Not to make or retain any copies or record of such Party who need to know such terms in order any confidential information submitted by IHLL other than as may be required for such Party to perform its obligations the performance of the Direct Sales Associate ‘s obligation under this Agreement; agreement. Further, the Direct Sales Associate agrees and undertakes to destroy all such copies and/or record after the purpose of the same has been achieved and/or when IHLL so requires. 5. The Direct Sales Associate shall promptly notify IHLL of any unauthorized or improper use or disclosure (iithat may come its knowledge) of the confidential information. 6. Return all the information, material, records, material etc. which is in the custody of the Direct Sales Associate at the end/termination of the present agreement. 7. The Direct Sales Associate hereby unconditionally agrees and undertakes that it and/or it’s personnel shall not disclose or publish the terms and conditions of this agreement or of any information submitted by IHLL or otherwise coming to its/their knowledge under this agreement to any third party unless such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as disclosure is required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAlaw.

Confidentiality and Non-Disclosure. 11.1 It (a) The terms and conditions of the Transaction Documents (collectively, the “Financing Terms”), including their existence, shall be considered strictly confidential information and shall not be disclosed by any of the Parties to any other Person except in accordance with the provisions set forth below. (b) Notwithstanding the foregoing, each of the Group Companies and the Purchaser, as appropriate, may become disclose any of the Financing Terms to their respective affiliates, directors, employees, investment bankers, lenders, accountants and attorneys on an as-need-to-know basis, in each case only where such Persons are under appropriate nondisclosure obligations. (c) Each Party to this Agreement hereby acknowledges, affirms and agrees that it shall not and shall procure its affiliates not to make any announcement or other publicity in connection with the Financing Terms without the consents of other Parties as to its content, form and manner of publication; provided that the Company may make announcement or other publicity in connection with the Financing Terms if such action is necessary during for its performance of obligations under the course Transaction Documents, in which case the Company shall promptly notify the other Parties hereof and the Parties shall use reasonable efforts to cause a mutually agreeable release or announcement to be issued. (d) In the event that any Party is requested or becomes legally compelled (including, pursuant to securities Laws) to disclose the existence or content of any of the Financing Terms hereof in contravention of the provisions of this Agreement for one Section 10.10, such Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDADisclosing Party”)) shall promptly provide the other Parties with written notice of that fact so that such other Parties may seek a protective order, confidential treatment or other appropriate remedy. In such event, the Disclosing Party shall furnish only that portion of the information that is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be given to such information to the extent reasonably requested by the other Parties. 11.2 Neither Party will disclose the existence of or terms (e) Notwithstanding any other provision of this Agreement or Section 10.10, the confidentiality obligations of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to shall not apply to: (i) those employees or agents of such information which a restricted Party who need learns from a third party having the right to know such terms in order for such make the disclosure, provided the restricted Party to perform its obligations under this Agreementcomplies with any restrictions imposed by the third party; (ii) to such information which is in the restricted Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposespossession prior to the time of disclosure by the protected Party and not acquired by the restricted Party under a confidentiality obligation; (iii) as required by court order or information which enters the public domain without breach of confidentiality by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other restricted Party; or (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related disclosures to a bona fide mergerParty’s accountants, consolidation, attorneys or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, other professional advisors on an as-need-to-know basis so long as, in all cases, prior as they agree to any keep such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAdisclosures confidential.

Confidentiality and Non-Disclosure. 11.1 It Employee recognizes and acknowledges that she has had in the past, currently has and in the future may become necessary during have access to certain confidential information relating to the Company and its affiliates, including, but not limited to, operational policies, financial information, marketing information, personnel information, trade secrets, customer information (including customer lists), and pricing and cost policies, that are valuable, special and unique assets of the Company (collectively, "Confidential Information"). Employee agrees that she will not use or disclose such Confidential Information to any person, firm, corporation, association or other entity for any purpose or reason whatsoever, except as is required in the course of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in performing her duties hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to unless (i) those employees such information becomes known to the public generally through no breach by Employee of this covenant or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as disclosure is required by court order law or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as any governmental authority or is required in connection with due diligence related the defense of a lawsuit against the disclosing party, provided, that prior to disclosing any information pursuant to this clause (ii), Employee shall give prior written notice thereof to the Company and provide the Company with the opportunity to contest such disclosure. Employee agrees that, both during the Employment Period and after the termination of this Agreement, Employee will hold in a bona fide merger, consolidation, or sale of all or substantially all fiduciary capacity for the benefit of the assets of Intellon; Company, and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of shall not directly or indirectly use or disclose, except as authorized by the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors Company in connection with due diligence related the performance of Employee's duties, any Confidential Information, that Employee may have or may acquire (whether or not developed or compiled by Employee and whether or not Employee has been authorized to have access to such Confidential Information) during the term of this Agreement. The covenants contained in this SECTION 6 shall survive for the Employment Period and for a bona fide equity financing transactionperiod of two (2) years thereafter; provided, so long ashowever, that with respect to those items of Confidential Information which constitute trade secrets under applicable law, Employee's obligations of confidentiality and non-disclosure as set forth in all cases, prior this SECTION 6 shall continue to any such disclosure survive after the recipient applicable period above to the greatest extent permitted by applicable law. These rights of the disclosure is bound to hold the information under confidentiality restrictions similar Company are in force addition to those provided in rights the CNDACompany has under the common law or applicable statutes for the protection of trade secrets.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during the course (a) The terms and conditions of this Agreement for one Party to disclose Agreement, the Disclosure Schedule and the other Transaction Agreements, any term sheet or memorandum of understanding entered into pursuant to the transactions contemplated hereby, all exhibits and schedules attached hereto and thereto, the transactions contemplated hereby and thereby, including their existence, and all information furnished by any Party hereto and by representatives of such Parties to any other information which Party hereof or any of the disclosing Party considers confidential representatives of such Parties (collectively, the “Confidential Information”). Disclosure of such Confidential Information , shall be governed considered confidential information and shall not be disclosed by any Party hereto to any third party except in accordance with the terms provisions set forth below. The obligations of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 each party hereto under this Section 11.14 shall survive and continue to be binding upon such Party for a period of three (3) years after the “CNDA”)termination of this Agreement. 11.2 Neither Party will disclose (b) Notwithstanding the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between foregoing, the Parties without Company and the prior written permission of the other, except that a Party Purchasers may disclose such terms to (i) those employees the Confidential Information to its current or agents bona fide prospective investors, Affiliates of such Party the Company and the Purchasers and their respective employees, bankers, lenders, accountants, legal counsels, business partners or representatives or advisors who need to know such terms information, in each case only where such persons or entities are informed of the confidential nature of the Confidential Information and are under appropriate nondisclosure obligations substantially similar to those set forth in this Section 11.14, (ii) such Confidential Information as is required to be disclosed pursuant to routine examination requests from Governmental Authorities with authority to regulate such Party’s operations, in each case as such Party deems appropriate in its reasonable discretion, and (iii) the Confidential Information to any person to which disclosure is approved in writing by the other Parties hereto. Any Party hereto may also provide disclosure in order for such to comply with Applicable Laws, as set forth in Section 11.14(c) below. (c) Except as set forth in Section 11.14(b)(i) and (iii) above, in the event that any Party is requested or becomes legally compelled (including without limitation, pursuant to perform its obligations under any applicable tax, securities, or other laws and regulations of any jurisdiction) to disclose the existence of this Agreement, the Disclosure Schedule or any other Transaction Agreement or content of any of the financing terms hereunder, such party (the “Disclosing Party”) shall provide the other Parties hereto with prompt written notice of that fact and shall consult with the other Parties hereto regarding such disclosure. At the request of the other Parties, the Disclosing Party shall, to the extent reasonably possible and with the cooperation and reasonable efforts of the other Parties, seek a protective order, confidential treatment or other appropriate remedy. In any event, the Disclosing Party shall furnish only that portion of the information that is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be accorded to such information. (d) Notwithstanding any other provision of this Section 11.14, the confidentiality obligations of the Parties shall not apply to: (i) information which a restricted party learns from a third party which the receiving party reasonably believes to have the right to make the disclosure, provided the restricted party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted party’s possession prior to such Party’s legal advisors the time of disclosure by the protected party and not acquired by the restricted party under a confidentiality obligation; or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or information which enters the public domain without breach of confidentiality by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDArestricted party.

Confidentiality and Non-Disclosure. 11.1 It a) Consultant acknowledges that Seafarer is a publicly traded company whose shares are traded on the Over-the-Counter Bulletin Board under the ticker symbol SFRX. Consultant has received or may become necessary during receive in the course of this Agreement for one Party to future material non-public information from Seafarer. Consultant agrees that he will hold in strict confidence and not disclose to any third parties any material non-public information received from Seafarer, except as approved in writing by the other CEO of Seafarer. Consultant additionally agrees that he will use the non-public information which that it receives from Seafarer for lawful purposes only. b) Consultant shall treat as confidential and will not ever disclose under any circumstances to any third party any information that he becomes aware of during his business relationship with Seafarer pertaining to but not limited to any and all of Seafarer's financial information, bank account information, access codes, investors, shareholder lists, shipwreck site(s), treasure maps, proprietary data, intellectual properties, agreements, capabilities, specifications, business strategies, information regarding existing and future technical, business and marketing plans and product strategies, passwords, and the disclosing Party considers confidential identity of actual and potential customers and suppliers (“hereinafter collectively referred to as "Confidential Information”"). Disclosure Confidential Information may be written, e-mail, hard copies of documents, oral, recorded, or contained on tape or on other electronic or mechanical media. c) Consultant represents and warrants that he will not disclose any Confidential Information whatsoever to any third party. Consultant will be deemed to have been in a fiduciary relationship of confidence with respect to the Confidential Information disclosed to its by Seafarer, and Consultant shall hold the Confidential Information in strict confidence and will never disclose such Confidential Information to any third (3rd) party or to use it for any purpose other than as specifically authorized by Seafarer in writing. d) No copies of the Confidential Information shall be retained by Consultant. e) Seafarer shall be deemed to be the owner of all Confidential Information. f) Consultant specifically acknowledges that the unauthorized disclosure, use or disposition of such Confidential Information shall by any third party could cause irreparable harm and significant injury to Seafarer's business, which may be governed difficult to ascertain. Accordingly, in the event of any breach by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms Consultant of this Agreement or of any discussions or transactions engaged involving confidentiality then Consultant shall immediately be in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality violation of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations Agreement and shall be liable for an immediate imposition of applicable securities lawsan injunction against him, in which cases the disclosing Party addition to any other remedies that may be available to Seafarer at law or in equity. g) Consultant shall endeavor to seek confidential protection indemnify and hold Seafarer completely harmless against any and all liability, actions, claims, demands, liens, losses, damages, judgments and expenses, including reasonable attorneys' fees that may arise from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, unauthorized disclosure or sale use of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAConfidential Information by Consultant.

Confidentiality and Non-Disclosure. 11.1 It Executive recognizes and acknowledges that he has had in the past, currently has and in the future may become necessary during have access to certain confidential information relating to the Company and its affiliates, including, but not limited to, operational policies, financial information, marketing information, personnel information, trade secrets, customer information (including customer lists), and pricing and cost policies, that are valuable, special and unique assets of the Company (collectively, "Confidential Information"). Executive agrees that he will not use or disclose such Confidential Information to any person, firm, corporation, association or other entity for any purpose or reason whatsoever, except as is required in the course of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in performing his duties hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to unless (i) those employees such information becomes known to the public generally through no breach by Executive of this covenant or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as disclosure is required by court order law or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as any governmental authority or is required in connection with due diligence related the defense of a lawsuit against the disclosing party, provided, that prior to disclosing any information pursuant to this clause (ii), Executive shall give prior written notice thereof to the Company and provide the Company with the opportunity to contest such disclosure. Executive agrees that, both during the Employment Period and after the termination of this Agreement, Executive will hold in a bona fide merger, consolidation, or sale of all or substantially all fiduciary capacity for the benefit of the assets of Intellon; Company, and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of shall not directly or indirectly use or disclose, except as authorized by the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors Company in connection with due diligence related the performance of Executive's duties, any Confidential Information, that Executive may have or may acquire (whether or not developed or compiled by Executive and whether or not Executive has been authorized to have access to such Confidential Information) during the term of this Agreement. The covenants contained in this SECTION 6 shall survive for the Employment Period and for a bona fide equity financing transactionperiod of one (1) year thereafter; provided, so long ashowever, that with respect to those items of Confidential Information which constitute trade secrets under applicable law, Executive's obligations of confidentiality and non-disclosure as set forth in all cases, prior this SECTION 6 shall continue to any such disclosure survive after the recipient applicable period above to the greatest extent permitted by applicable law. These rights of the disclosure is bound to hold the information under confidentiality restrictions similar Company are in force addition to those provided in rights the CNDACompany has under the common law or applicable statutes for the protection of trade secrets.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during the course of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such 12.1 The Confidential Information shall be governed received used or developed by either party solely in furtherance of the purposes set forth in this Agreement subject to the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”)and conditions set forth in this Article 12.0. 11.2 Neither Party 12.2 The parties shall keep and use all of the Confidential Information in confidence and will not, without the Discloser's prior written consent, disclose any Confidential Information to any person or entity, except those of the existence Recipient's officers, employees or consultants who require the Confidential Information in performing their obligations under this Agreement. 12.3 The parties shall not use, either directly or indirectly, any Confidential Information for any purpose other than as set forth herein without the Discloser's prior written consent. 12.4 If the Recipient is required by judicial or administrative process to disclose any or all of the Confidential Information, the Recipient shall promptly notify the Discloser and allow the Discloser reasonable time to oppose such process before disclosing any Confidential Information. 12.5 Notwithstanding any termination or terms expiration of this Agreement or Agreement, the obligations created in this Article 12.0 shall survive and be binding on both parties, their successors and permitted assigns. 12.6 Smartsources covenants and agrees to not disclose any information it receives concerning the business of any discussions or transactions engaged in hereunder between the Parties Region without the prior Region's specific written permission consent, or unless such information becomes publicly available through no action of the otherSmartsources. Smartsources shall take appropriate action with its employees, except that a Party may disclose such terms by agreement or otherwise, to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform satisfy its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAsub-section.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during For so long as any Shareholder (the course “Recipient”) is a Shareholder of the Company and for five years thereafter, all information that has been or will be furnished to the Recipient in connection with this Agreement for one Party to disclose which relates to the Company or any other information which Shareholder or any of their respective Affiliates (each, a “Disclosing Party”) or the disclosing Party considers confidential business of any of them (“Confidential Information”) will not be disclosed by the Recipient, or by any of its agents, representatives, employees, Affiliates, advisors and consultants (its “Representatives”). Disclosure , for any purpose other than to evaluate and monitor the Recipient’s investment in the Company and/or to enforce the Recipient’s rights and obligations hereunder, and except as permitted in this Section 14.1; provided however, that the foregoing restrictions shall not apply to any information that (a) was in the Recipient’s possession prior to disclosure by a Disclosing Party, (b) was generally known within the Recipient’s or the Disclosing Party’s trade or business at the time of disclosure to the Recipient, or becomes so generally known after such disclosure, through no act or omission of the Recipient or its Representatives in violation of this Section 14.1, (c) has come into the possession of the Recipient from a third party who, to the Recipient’s knowledge, after reasonable inquiry, is under no obligation to the Disclosing Party to maintain the confidentiality of such information, or (d) was independently developed by or on behalf of the Recipient or one of its Affiliates, as evidenced by its written records. Notwithstanding the foregoing, the Recipient shall be permitted to disclose Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) to those employees or agents of such Party its Representatives who need to know be familiar with such terms information in order connection with the Recipient’s investment in the Company for use solely for such Party to perform its obligations under purpose, provided however, that each such Person shall have been informed of the covenants set forth in this Agreement; Section 14.1 and the Recipient shall be liable for any breach by any such Person of such covenants, (ii) to the extent required by Law, so long as the Recipient shall have, to the extent reasonably practicable, first afforded the Disclosing Party a reasonable opportunity to contest the necessity of such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; disclosure and (iii) as required by court order or by within the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all prior written consent of the assets of Intellon; and Principal Shareholders (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may such consent not be disclosed), which in no instance shall such authorization to be unreasonably withheld, conditioned or delayed) after identification of such prospective transferee, to bona fide any prospective investors transferee of all or part of a Shareholder’s Interest; provided however, that such prospective transferee agrees to be bound by the provisions of this Section 14.1. Notwithstanding the foregoing, each party hereto (and each Representative of such party) may disclose to any and all Persons, without limitation of any kind, the tax treatment and tax structure of the transactions contemplated hereby and all materials of any kind (including opinions or other tax analyses) that are provided to such party relating to such tax treatment and tax structure; provided however, that such disclosure does not involve the disclosure of any Confidential Information of the Company. Each Recipient shall, upon the earlier of the termination of such Recipient’s Interest in the Company and the dissolution of the Company, return to the Disclosing Party or destroy (provided a written certification of such destruction is promptly delivered to the Company) all documents and other tangible manifestations of the Disclosing Party’s Confidential Information received by the Recipient pursuant to this Agreement in whatever form (and all computer files, summaries, extracts, other documents or storage media which contain such Confidential Information shall be destroyed and no copy retained); provided however, that each Shareholder shall be permitted to retain one copy of such Confidential Information for its legal records. Notwithstanding anything to the contrary contained in this Agreement, the Company, the Principal Shareholders and their respective Affiliates shall be permitted to disclose Confidential Information and provide general information regarding the subject matter of this Agreement (including the Principal Shareholders’, the Company’s, and their respective Affiliates’ performance and improvements) (x) in connection with due diligence related the Principal Shareholders’ or their respective Affiliates’ fund raising, marketing, informational or reporting activities (subject to customary confidentiality obligations) or (y) for regulatory or compliance purposes (including disclosures made as a bona fide equity financing transaction, so long as, in all cases, prior to result of any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAsecurities regulation or securities exchange rule).

Confidentiality and Non-Disclosure. 11.1 It may become necessary during 15.1 Both Parties hereby agree to keep all Confidential Information received from the course other Party confidential and, accordingly, not to disclose any Confidential Information to any other person and not to use any Confidential Information for any purpose other than the proper performance of their obligations and exercise of their rights under this Agreement. 15.2 Receiving Party will not use any of the Confidential Information in any other way other than for the purposes of this Agreement Agreement. 15.3 Receiving Party will not disclose or supply either verbally or in writing (electronic or otherwise) any of the Confidential Information to anyone except as expressly authorised by Disclosing Party and in any event not use any of the Confidential Information, in each case except for one Party the purposes of this Agreement. In case Omthera needs to disclose any of Licensor’s Confidential Information to the other information which the disclosing any Third Party considers confidential in order to fulfill its obligations and exercise its rights under this Agreement (“Permitted Recipients”), Omthera will prior to any disclosure of Confidential Information”). Disclosure , conclude a Confidentiality Agreement with such Third Party, which shall be similar stringent as the confidentiality obligations contained in this Agreement. 15.4 Receiving Party will xxxx any copy, reproduction or reduction of such to writing any part of the Confidential Information ‘confidential’ and any such copy shall remain the confidential property of Disclosing Party. Any extracts, copies, reproductions or reductions to writing so made shall be governed by the terms sole property of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”)Disclosing Party and treated in accordance with this Agreement. 11.2 Neither Party will disclose the existence of or 15.5 The terms of this Agreement or shall be binding upon Receiving Party’s (and with respect to Omthera, any Permitted Recipients’) employees, officers, agents and consultants. Receiving Party shall use its best endeavours to enforce such obligations at its expense insofar as breach thereof relates to Confidential Information and it shall restrict the access to Confidential Information and allow access to Confidential Information only to those of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those its employees or agents of such Party consultants who have a need to know see such terms part of Confidential Information in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by progress the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality purposes of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable Agreement and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, who have prior to any such disclosure the recipient to them been advised by Receiving Party of the restrictions hereby accepted by this in relation to Confidential Information and shall have ensured that they are bound in writing to observe the same by at least equal obligations of confidentiality. 15.6 Receiving Party shall return or, if so directed by Disclosing Party, destroy all Confidential Information and all copies, reproductions, reductions to writing of Confidential Information and any part thereof latest at the termination of this Agreement. Receiving Party shall also destroy any information proprietary to Disclosing Party in pursuance of this Agreement in its possession or under its control. Notwithstanding the foregoing, each Party may retain a single copy of any Confidential Information solely for compliance purposes under the Agreement. 15.7 This obligation of non-disclosure does not apply to Confidential Information which: a) at the time of first disclosure to one Party (hereinafter “the Receiving Party”) by the other Party (hereinafter “the Disclosing Party”) was already in the Receiving Party’s possession, as shown by written evidence; or b) through no fault or action of the Receiving Party is bound in the public domain at the time of disclosure or thereafter; or c) has been received from a Third Party which did not acquire it directly or indirectly from the Disclosing Party; or d) has to hold be disclosed pursuant to a legal or regulatory requirement provided that the information under Receiving Party shall notify the Disclosing Party of such legal or regulatory requirement in sufficient time to allow the Disclosing Party to take such measures as may be available to preserve the confidentiality restrictions similar of the Confidential Information required to be disclosed and the Receiving Party shall provide to the Disclosing Party all assistance as may be reasonably requested in this respect; or e) the Receiving Party can demonstrate by competent proof was independently developed by the Receiving Party or its Associates, employees or consultants, without access to any Confidential Information. 15.8 This Section 15 shall remain in force for […***…] following the termination or expiration of this Agreement. 15.9 The terms of this Agreement are confidential and shall not be disclosed by either Party, except as required by law, with the exception that Omthera may disclose this Agreement and Confidential Information of Licensor to those provided Venture Capitalists and other financial parties, and prospective and actual sub-licensees, suppliers, CROs, acquirers, for evaluating a potential financial or other deal to support further development, registration, promotion, etc. of the Product. Prior to any disclosure Omthera shall advise such Venture Capitalists and other Third Parties of the restrictions hereby accepted in relation to Confidential Information and shall have ensured that they are bound in writing to observe the same by at least equal obligations of confidentiality as contained in this Agreement. Reference is hereby made to the Reciprocal Confidentiality Agreement between the Parties, dated 18 February 2009 (“CDA”) and the Founder Confidentiality Agreements (as defined in the CNDACDA). This Agreement will supersede all the prior CDAs between Licensor and Omthera as well as the Founder Confidentiality Agreements, with all Confidential Information as defined and disclosed under the CDA and the Founder Confidentiality Agreements treated as Confidential Information under this Agreement.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during the course of this Agreement for one Party to disclose Except to the extent expressly provided in any written agreement giving effect to the Transaction, the Information (other information which than analyses prepared by us and our Representatives, and only to the disclosing Party considers confidential (“Confidential Information”)extent that those analyses do not contain Information provided by or on behalf of the Company) shall be, and shall remain at all times, the property of the Company. Disclosure of such Confidential Subject to Clause 3, the Information shall be governed kept confidential by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19us and our Representatives and shall not, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission consent of the otherCompany: • be disclosed by us or our Representatives in whole or in part, except or • be used by us or our Representatives, directly or indirectly, other than for the Specified Purpose (and then only to the extent necessary for that a Party may disclose such terms purpose). We shall ensure that any other persons (which shall be given its broadest meaning) to (i) whom the Information is disclosed by us or our Representatives as permitted by this letter agreement are aware of the confidentiality of the Information and are also bound by the same obligation of confidence as we are with respect to the Information for the benefit of the Company. We will make Information available only to those employees or agents of such Party our Representatives who need to know such have access to the Information for the Specified Purpose. We acknowledge that, without limitation, we shall not make Information available to, or communicate about a Transaction with, any possible sources of financing for or other possible parties to a Transaction (including other possible long-term investors in a Transaction) without the prior written consent of the Company, in its sole discretion. We shall: • maintain a list of our Representatives to whom the Information has been delivered or disclosed, • be responsible for any breach of these terms in order by any of our Representatives, • make all reasonable, necessary or appropriate efforts to safeguard the Information from disclosure other than as permitted by this letter agreement, • not copy or store any Information without the prior written consent of the Company (other than by standard electronic back-up system and except for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors copies and storage as may reasonably be required internally by us or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required our Representatives in connection with due diligence related to our consideration and evaluation of a bona fide mergerTransaction), consolidationand • in the event of any breach of this letter agreement or any disclosure of any Information by us or any of our Representatives other than as permitted by this letter agreement (accidentally, inadvertently or sale of all or substantially all otherwise) notify the Company (first orally and then in writing) of the assets nature of Intellon; the breach or disclosure promptly upon our discovery of the breach or disclosure. We understand that only the directors and (vi) upon receipt certain employees of the Company and certain of its Representatives currently are aware of this letter agreement or the possibility of a Transaction. Without the prior written authorization from Intel (which may stipulate that certain provisions consent of the Agreement may Company which shall not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned neither we nor any of our Representatives will approach, correspond with, talk to or delayedcontact in any other manner any Representative, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transactioncreditor, so long asshareholder, in all cases, prior to any such disclosure the recipient customer or supplier of the disclosure Company or its affiliates (other than the Chairman and Chief Executive Officer, the President Worldwide Business Operations, the Executive Vice-President and General Counsel and the Executive Vice-President and Chief Financial Officer of the Company or Xxxxxxxx Xxxxx of Goodmans LLP, Xxxxx Xxxx of Xxxxxxx], Xxxxxx, Xxxxx & Xxxx or Xxxx Xxxxxx, Xxxx Xxxx or Xxxxxxx Xxxxxxxx of Xxxxxxx Xxxxx) concerning this agreement, any Transaction or the fact that this letter agreement exists or that a Transaction is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAbeing considered.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during 10.1 Each Party shall keep all information and other materials passing between it and the course other Parties in relation to the transactions contemplated by this Agreement, as well as the existence and the terms and conditions of this Agreement (“Information”) confidential and shall not, without the prior written consent of the other Parties, divulge the Information to any other Person or use the Information other than for one carrying out the purposes of this Agreement except: (a) To the extent that such Information is in the public domain other than by breach of this Agreement; (b) To the extent that such Information is required to be disclosed by any applicable Law or requested to be disclosed by any Governmental Authority to whose jurisdiction the relevant Party is subject or with whose instructions it is customary to disclose comply, under notice to the other information which Party(ies); (c) To employees, directors or professional advisors of any Party or its Affiliates on a need-to-know basis, subject to the disclosing Party considers informing such persons of the confidential (“Confidential Information”). Disclosure nature of such Confidential Information, and provided that such party shall continue to maintain the confidential nature of such Information; (d) To the extent that any Information has been independently developed by a Party without reference to any Information furnished by any other Party hereto; (e) To any direct or indirect shareholders/investors/limited partners/general partners of each Party subject to the disclosing Party informing such persons of the confidential nature of such Information, and provided that such party shall be governed continue to maintain the confidential nature of such Information; and (f) To the extent required by a Party for the enforcements of its rights and obligations under this Agreement. 10.2 Notwithstanding the provisions of Clause 10.1, with effect from the Closing Date: (a) the Seller shall keep any and all Company Information and other materials passing between it and the other Parties confidential and shall not, without the prior written consent of the Acquirer, divulge such Company Information to any other Person or use the Company Information for any purpose; (b) the Acquirer shall not require the consent of the Seller to divulge any Company Information to any other Person or use the Company Information for any purpose. 10.3 No formal or informal public announcement or press release, which makes reference to the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms and conditions of this Agreement or any of any discussions the matters referred to herein, shall be made or transactions engaged in hereunder between the Parties issued without the prior written permission consent of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAParties.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during the course of 4.1. Both Parties shall treat each other’s Confidential Information received under this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of as proprietary property and maintain such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 in strict confidence. Neither Party will shall disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, ’s Confidential Information to any third party or person except that the employees of the parties or its subsidiaries who have a Party may disclose such terms to (i) those employees or agents of such Party who legitimate need to know such terms Confidential Information but only to the extent necessary to evaluate or carry out a proposed transaction or relationship with the party and only if such disclosure is approved in order for writing and in advance of such Party disclosure. The Parties shall take reasonable and appropriate action by instruction to perform or agreement with its employees and its Subsidiaries who are permitted access to Discloser's Confidential Information to satisfy its obligations hereunder. 4.2. Nothing in this Agreement shall be construed as granting any rights to VCEFL, by license directly or indirectly, under this Agreement; (ii) any patent, trademark, trade secret or other intellectual property. 4.3. The Parties may disclose each other’s Confidential Information if and to the extent that such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as disclosure is required by court order or by order, provided that either party provides the rules of civil procedure in litigation pursuant other with prompt written notification thereof, thereby giving a reasonable opportunity to a protective order maintaining review the confidentiality of this information, after giving no less than ten (10) business days notice disclosure before it is made and to interpose its own objection to the other Party; (iv) as required disclosure. 4.4. VCEFL hereby agrees: 0.0.0. Xx keep secret all Confidential Information made available to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required VCEFL in connection with due diligence related the request for investment funding. 0.0.0. Xx keep secret and make no use, except for the specific purposes of the consideration of the application, and to a bona fide mergertake all necessary measures and precautions in order to maintain the confidential, consolidationproprietary and secret nature an character, of any or all Confidential Information that [INSERT SHORT FORM OF COMPANY NAME] may provide or furnish to VCEFL, or sale disclose orally or in writing to VCEFL. 4.4.3. That it will not directly or indirectly disclose to others, use for its own benefit or copy or name notes or records of all any Confidential Information that [INSERT SHORT FORM OF COMPANY NAME] may provide or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which furnish to VCEFL or disclose orally or in no instance shall such authorization be unreasonably withheld, conditioned or delayed, writing to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAVCEFL.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during The Company is prepared to make available to GSS certain information concerning the course business, financial condition, operations, assets and liabilities of the Company in connection with the performance of its duties hereunder. As a condition to such information being furnished to GSS and its employees or agents, GSS agrees to treat any information concerning the Company (whether prepared by the Company, its advisors, investors or otherwise and irrespective of the form of communication) which is furnished to GSS or to its employees or agents now or in the future by or on behalf of the Company (herein collectively referred to as the “Evaluation Material”) in accordance with the provisions of this Agreement for one Party Agreement, and to disclose take or abstain from taking certain other actions hereinafter set forth. The term “Evaluation Material” also shall be deemed to include all notes, analyses, compilations, studies, interpretations or other documents prepared by GSS, its employees or agents which contain, reflect or are based upon, in whole or in part, the other information furnished to GSS, its employees or agents pursuant hereto. The term “Evaluation Material” does not include information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those is or becomes generally available to the public other than as a result of a disclosure by GSS, its employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; agents, or (ii) becomes available to GSS on a non-confidential basis from a source other than the Company (including without limitation any of the Company’s directors, officers, employees or agents), or any of its attorneys, accountants, investors, consultants, bankers and financial advisors (collectively, the “Representatives”), provided that such source is not bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality to the Company or any other party with respect to such Party’s legal advisors information. GSS hereby agrees that GSS, its employees and agents shall use the Evaluation Material solely for the purposes contemplated by this Agreement, that the Evaluation Material will be kept confidential and that GSS, its employees and agents will not disclose any of the Evaluation Material in any manner whatsoever; provided, however, that GSS may make any disclosure of such information to which the Company give its prior written consent. However, the Company will not provide GSS or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days any GSS affiliate with any material non-public information without prior written notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon case GSS will only accept receipt of prior written authorization from Intel (which may stipulate that certain provisions such material non-public information after the signing of a separate non-disclosure agreement between the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDACompany and GSS.

Confidentiality and Non-Disclosure. 11.1 It may become necessary Both parties acknowledges that during the course performance of this Agreement for one Party Services hereunder, each party will have access to disclose certain of the other party's information, including without limitation, technology, trade secrets, know-how, inventions, techniques, documents, processes, schematics, drawings, contracts, customer lists, financial information, computer programming code, methods of conducting business, sales and marketing plans and information, and business plans relating to the disclosing party's business which are proprietary and confidential to the disclosing party (the foregoing, as well as all information and materials developed pursuant to this Agreement, are collectively referred to as "Confidential Information"). Confidential Information shall also include, without limitation, any software, documentation, computer programming code, processes, financial information or other information of third parties which the disclosing Party considers confidential (“party is required to maintain as Confidential Information”). Disclosure All such third party property is also referred to herein as Confidential Information. Both parties agrees that all items of such Confidential Information are proprietary to the disclosing party or such third party, as applicable, and shall remain the sole property of the disclosing party or such third party. Each party agrees that all of its employees, agents and/or subcontractors engaged by participating in the performance of Services under this Agreement, shall be governed bound by the same confidentiality requirements as those contained herein pursuant to a written agreement between said party and such employee, agent and/or subcontractor. (i) To use the Confidential Information only for the purposes described herein; to not reproduce the Confidential Information; to hold in confidence and protect the Confidential Information from dissemination to and use by anyone not a party to this Agreement; and to not use the Confidential Information to benefit itself of others, except as contemplated by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19the applicable Schedule and this Agreement. Except as provided for under the applicable Schedule and this Agreement, 2002neither party shall acquire any rights in the other party's Confidential Information and may not create any derivative work from such Confidential Information; (ii) To restrict access to the Confidential Information to its personnel, Intel CNDA #2201641 if any, who (a) have a need to have such access and (b) have been advised of and have agreed in writing to treat such information in accordance with the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order To return all Confidential Information in its possession upon termination of the applicable Schedule or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this informationupon request, after giving no less than ten (10) business days notice to the other Partywhichever occurs first; and (iv) as required to comply with the disclosure obligations of applicable securities lawsTo hold in confidence information and materials, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities if any, developed pursuant to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain consulting services hereunder. The provisions of the this Section 14 shall survive termination or expiration of this Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to and any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAits Schedules.

Confidentiality and Non-Disclosure. 11.1 It 6.1 The Service Provider recognizes, accepts and agrees that all tangible and intangible information obtained or disclosed to the Service Provider and/or its Facility Staff, including all details, documents, data, business/customer information, customer transactions, information relating directly or indirectly to the Bank’s practices and business trade secrets, know how, strategies, processes, methodologies (all of which are hereinafter collectively referred to as “Confidential Information” and “Confidential Material”) which may become necessary during be communicated and or provided to the Service Provider and/or its Facility Staff may be privy under or pursuant to this Agreement and / or in the course of performance of the Service Provider’s obligations under this Agreement shall be treated as absolutely confidential and secret and the Service Provider irrevocably agrees and undertakes and ensures that the Service Provider and all its Facility Staff shall keep the same as secret and confidential and shall not disclose the same, at all, in whole or in part to any person or persons (including legal entities) at any time or use nor shall allow the Confidential Information and Confidential Material to be used for one Party any purpose other than as may be necessary for the due performance of the Service Provider’s obligations hereunder. The Service Provider further expressly agrees not to disclose use or cause or allow to be used the Confidential Information or the Confidential Material not in any manner to promote or sell the products or services of any competitor of the Bank. The Service Provider hereby specifically agrees to indemnify and keep the Bank fully indemnified safe and harmless at all times against all/any consequences arising by any breach of this undertaking by the Service Provider and/or its Facility Staff and shall immediately reimburse, pay to the other information which Bank on demand all damages, loss, cost, expenses (including legal costs and expenses) or any charges that the disclosing Party considers confidential (“Confidential Information”). Disclosure Bank may be required to suffer, pay or incur in connection therewith. 6.2 The provisions of such the aforesaid clauses and the indemnity contained therein shall survive the termination and expiry of this Agreement. 6.3 The Service Provider further confirms that its Facility Staff shall have access to the Confidential Information only on a “need to know” basis and to the extent of and only in relation to the specific Service being provided hereunder. 6.4 The Service Provider hereby unconditionally agrees and undertakes that it shall be governed not and ensures that its Facility Staff shall not (if the Facility Staff come to know by any means the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19this Agreement) disclose or publish the existence or the terms or conditions of this Agreement, 2002or, Intel CNDA #2201641 (any information relating to the “CNDA”)Bank’s business which they may come across in the normal course of performing their duties to any third party. The Service Provider shall without prejudice to its obligations herein indemnify the Bank for any loss, damage or injury caused to the Bank from any disclosure or publication. 11.2 Neither Party will disclose the existence 6.5 The preservation of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission documents and data of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or Bank by the rules of civil procedure Service Provider shall be in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply accordance with the disclosure legal / regulatory obligations of applicable securities laws, the Bank in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAthis regard.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during 15.1 Both Parties hereby agree to keep all Confidential Information received from the course other Party confidential and, accordingly, not to disclose any Confidential Information to any other person and not to use any Confidential Information for any purpose other than the proper performance of their obligations and exercise of their rights under this Agreement. 15.2 Receiving Party will not use any of the Confidential Information in any other way other than for the purposes of this Agreement Agreement. 15.3 Receiving Party will not disclose or supply either verbally or in writing (electronic or otherwise) any of the Confidential Information to anyone except as expressly authorised by Disclosing Party and in any event not use any of the Confidential Information, in each case except for one Party the purposes of this Agreement. In case Omthera needs to disclose any of Licensor’s Confidential Information to the other information which the disclosing any Third Party considers confidential in order to fulfill its obligations and exercise its rights under this Agreement (“Permitted Recipients”), Omthera will prior to any disclosure of Confidential Information”). Disclosure , conclude a Confidentiality Agreement with such Third Party, which shall be similar stringent as the confidentiality obligations contained in this Agreement. 15.4 Receiving Party will xxxx any copy, reproduction or reduction of such to writing any part of the Confidential Information ‘confidential’ and any such copy shall remain the confidential property of Disclosing Party. Any extracts, copies, reproductions or reductions to writing so made shall be governed by the terms sole property of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”)Disclosing Party and treated in accordance with this Agreement. 11.2 Neither Party will disclose the existence of or 15.5 The terms of this Agreement or shall be binding upon Receiving Party’s (and with respect to Omthera, any Permitted Recipients’) employees, officers, agents and consultants. Receiving Party shall use its best endeavours to enforce such obligations at its expense insofar as breach thereof relates to Confidential Information and it shall restrict the access to Confidential Information and allow access to Confidential Information only to those of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those its employees or agents of such Party consultants who have a need to know see such terms part of Confidential Information in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by progress the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality purposes of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable Agreement and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, who have prior to any such disclosure the recipient to them been advised by Receiving Party of the restrictions hereby accepted by this in relation to Confidential Information and shall have ensured that they are bound in writing to observe the same by at least equal obligations of confidentiality. 15.6 Receiving Party shall return or, if so directed by Disclosing Party, destroy all Confidential Information and all copies, reproductions, reductions to writing of Confidential Information and any part thereof latest at the termination of this Agreement. Receiving Party shall also destroy any information proprietary to Disclosing Party in pursuance of this Agreement in its possession or under its control. Notwithstanding the foregoing, each Party may retain a single copy of any Confidential Information solely for compliance purposes under the Agreement. 15.7 This obligation of non-disclosure does not apply to Confidential Information which: a) at the time of first disclosure to one Party (hereinafter “the Receiving Party”) by the other Party (hereinafter “the Disclosing Party”) was already in the Receiving Party’s possession, as shown by written evidence; or b) through no fault or action of the Receiving Party is bound in the public domain at the time of disclosure or thereafter; or c) has been received from a Third Party which did not acquire it directly or indirectly from the Disclosing Party; or d) has to hold be disclosed pursuant to a legal or regulatory requirement provided that the information under Receiving Party shall notify the Disclosing Party of such legal or regulatory requirement in sufficient time to allow the Disclosing Party to take such measures as may be available to preserve the confidentiality restrictions similar of the Confidential Information required to be disclosed and the Receiving Party shall provide to the Disclosing Party all assistance as may be reasonably requested in this respect; or e) the Receiving Party can demonstrate by competent proof was independently developed by the Receiving Party or its Associates, employees or consultants, without access to any Confidential Information. 15.8 This Section 15 shall remain in force for […***…] years following the termination or expiration of this Agreement. 15.9 The terms of this Agreement are confidential and shall not be disclosed by either Party, except as required by law, with the exception that Omthera may disclose this Agreement and Confidential Information of Licensor to those provided Venture Capitalists and other financial parties, and prospective and actual sub-licensees, suppliers, CROs, acquirers, for evaluating a potential financial or other deal to support further development, registration, promotion, etc. of the Product. Prior to any disclosure Omthera shall advise such Venture Capitalists and other Third Parties of the restrictions hereby accepted in relation to Confidential Information and shall have ensured that they are bound in writing to observe the same by at least equal obligations of confidentiality as contained in this Agreement. Reference is hereby made to the Reciprocal Confidentiality Agreement between the Parties, dated 18 February 2009 (“CDA”) and the Founder Confidentiality Agreements (as defined in the CNDACDA). This Agreement will supersede all the prior CDAs between Licensor and Omthera as well as the Founder Confidentiality Agreements, with all Confidential Information as defined and disclosed under the CDA and the Founder Confidentiality Agreements treated as Confidential Information under this Agreement.

Confidentiality and Non-Disclosure. 11.1 It may become necessary 5.1 The Consultant hereby covenants, promises and agrees that it will be provided with confidential, proprietary and valuable information by the Company about its clients, properties, prospects and financial circumstances from time to time during the course currency of this Agreement, in order to permit the Consultant to properly, effectively and efficiently carry out its tasks, duties and activities hereunder. However, by providing such disclosure of Confidential Information to the Consultant, the Company relies on the Consultant to hold such information as confidential and only disclose the same to those parties, whether directors, officers, employees, agents, representatives or clients and contacts of the Consultant “who need to know”, in order that the Consultant can carry out the objects of this Agreement as provided for one Party to disclose herein and as communicated as between the Company and the Consultant during the term of this Agreement. Due to the other information nature of the relationship of the Consultant to the Company no more precise limitations can be placed on the Consultants use and disclosure of Confidential Information received from the Company pursuant hereto than as described herein. 5.2 The general nature of the Agreement between the Parties is that the Consultant will act on the Company’s behalf in the promotion of the Company’s interests. With the broad mandate and scope of this relationship the Company must rely on the fiduciary duty of good faith that the Consultant owes the Company as provided under this Agreement when the Company is making disclosure to the Consultant of Confidential Information about business opportunities and competitive advantages which the disclosing Party considers confidential Company has cultivated and developed. All Confidential Information disclosed to the Consultant is disclosed on the strict condition that the Consultant will not now or at any future time use such Confidential Information received from the Company hereunder in any manner inconsistent with the best interests of the Company, except with the express written permission of the Company. The result of these terms and conditions of disclosure of Confidential Information to the Consultant by the Company is that the Consultant will: (a) Only disclose such Confidential Information on a “need to know” basis, but it will be up to the Consultant’s reasonable discretion in acting on behalf of and in the best interests of the Company to determine what group or groups “need to know” about such information pursuant to the nature and scope of this Agreement; (b) The disclosure of Confidential Information from the Company to the Consultant further to the intents and purposes of this Agreement will prohibit the Consultant from directly or indirectly using the Confidential Information in a manner that is in conflict with or contrary to the best interests of the Company, except with the Company’s written consent; (c) The Consultant will not use Confidential Information in a manner that in the view of the Company would constitute a direct or indirect use for a purpose which is in competition with the best interests of the Company or would be a circumvention of the Company’s right or interest in a particular business opportunity. (d) The meaning of Confidential Information (herein called “Confidential Information”). Disclosure ) will include any information disclosed by the Company that is declared by the Company either verbally or in writing, depending on the means of communication of such Confidential Information shall be governed by the terms Company to the Consultant and do not apply to any of that certain separate Corporate Non-Disclosure Agreement dated September 19the following circumstances: (i) Information forming part of the public domain, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of which became such through no disclosure or terms breach of this Agreement or of any discussions or transactions engaged in hereunder between on the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; Consultant’s behalf; (ii) Information which the Consultant can independently prove was received from a Third Party, which was legally entitled to disclose such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; information; (iii) as required by court order Information which the Consultant is legally obligated to disclose in compliance with any applicable law, statute, regulation, order, ruling or by directive of an official, tribunal or agency which is binding on the rules Consultant, provided that the Consultant must also provide the Company with notice of civil procedure such disclosure at or before releasing or disclosing the Confidential Information to such official, tribunal or agency so that the Company is afforded an opportunity to file a written objection to such disclosure with such official, tribunal or agency. 5.3 The Consultant understands, acknowledges and agrees that the covenants to keep the Confidential Information confidential and not disclose it to Third Parties, except in litigation pursuant conformity with this Agreement, is necessary to protect the proprietary interests of Company in such Confidential Information and a protective order maintaining breach of these covenants would cause significant loss to the Company in regard to its competitive advantage, market opportunities and financial investment associated with protection of its Confidential Information. 5.4 The Consultant further understands, acknowledges and agrees that a breach of these covenants of confidentiality and non-disclosure will likely cause such irreparable harm to the Company that damages alone would be an inadequate remedy and the Consultant consents and agrees such equitable remedies including injunctive relief against any further breach which are reasonably justified in addition to any claim for damages based on a breach of the covenants of confidentiality and non-disclosure. 5.5 The parties mutually acknowledge, confirm and agree that the covenants of confidentiality and non-disclosure will survive termination of this information, after giving no less than ten (10) business days notice Agreement and will continue to bind the other Party; (iv) as required Consultant to comply with protect the disclosure obligations Company’s interest in such Confidential Information disclosed pursuant hereto for a period of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection two year from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale date of all or substantially all termination of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAthis Agreement. .

Confidentiality and Non-Disclosure. 11.1 It (a) Each Party may become necessary during the course of this Agreement have a proprietary interest or other need for one Party to disclose confidentiality in information that may be furnished to the other information which the disclosing Party considers confidential pursuant to this Agreement (“Confidential Information”). Disclosure The Party disclosing such information shall be referred to in this section as the “Disclosing Party,” and the Party receiving such information shall be referred to as the ”Receiving Party.” (b) The Receiving Party will hold in confidence and, without the consent of such the Disclosing Party, will not use, reproduce, distribute, transmit, or disclose, directly or indirectly, the Confidential Information shall be governed of the Disclosing Party except as permitted herein. The Receiving Party may only disclose the Confidential Information to its officers, directors, employees, professional advisors and independent contractors and consultants with a direct need to know the information for the implementation or exercise of rights and/or performance of obligations under or arising from this Contract, provided that such persons/entities (other than officers, directors and employees) are bound by written confidentiality agreements with terms and conditions that are no less restrictive than those contained in this section. Without limiting the terms foregoing, the Receiving Party agrees that it will exercise at least the same standard of that certain separate Corporate Non-Disclosure Agreement dated September 19care in protecting the confidentiality of the Disclosing Party’s Confidential Information as it does with its own Confidential Information of a similar nature, 2002but in any event, Intel CNDA #2201641 (the “CNDA”)no less than reasonable care. 11.2 Neither Party will disclose the existence of or terms (c) Confidential Information for purposes of this Agreement or of any discussions or transactions engaged in hereunder between Contract shall not include information if and only to the Parties without extent that the prior written permission of Receiving Party establishes that the other, except that a Party may disclose such terms to information: (i) those employees is or agents becomes a part of such Party who need to know such terms in order for such Party to perform its obligations under this Agreementthe public domain through no act or omission of the Receiving Party; (ii) to such was in the Receiving Party’s legal advisors lawful possession prior to the disclosure and had not been obtained by the Receiving Party either directly or financial advisors indirectly from the Disclosing Party; or authorities for legal advice or tax or accounting purposes; (iii) as required is lawfully disclosed to the Receiving Party by court order or a third party without restriction on disclosure. Confidential Information may also be disclosed by the rules of civil procedure in litigation Receiving Party pursuant to a protective requirement of a governmental agency, regulatory body or by operation of law, provided that the recipient shall disclose only that part of the Confidential Information that it is required to disclose and shall notify the Disclosing Party prior to such disclosure in a timely fashion in order maintaining to permit the Disclosing Party to lawfully attempt to prevent or restrict such disclosure should it so elect, and shall take all other reasonable and lawful measures to ensure the continued confidential treatment of the same by the party to which the Confidential Information is disclosed. (d) Any provision herein to the contrary notwithstanding, the Companies may disclose Confidential Information to the Commission, the Consumer Advocate, and/or any other governmental regulatory agency with notice to, but without need of prior consent by SELLER, provided that the Companies takes reasonable steps to obtain approval to submit the same under seal or under other procedures designed to preserve the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAConfidential Information.

Confidentiality and Non-Disclosure. 11.1 It may become Salton agrees that any and all information in any form that is provided to Salton or any of its representatives as part of this Agreement is provided and received in confidence, and Salton, shall at all times preserve and protect the confidentiality of such information, and of any other proprietary or non-public information of or relating to Kmart or any of its related companies of which it or any of its representatives becomes aware or acquires during the performance of this Agreement (such information is hereinafter referred to as "Confidential Information"). Salton also agrees that it shall take all reasonable steps to ensure that such Confidential Information will not be disclosed to, or used by any person, association or entity except its own employees, and then only to the extent necessary during to permit it to perform this Agreement. Each of Salton and Kmart agrees to keep the Minimum Product Orders, pricing, and Term of this Agreement (including rights of extension and termination) strictly confidential, except that each of Salton and Kmart shall be permitted to disclose any and all information concerning the transactions contemplated hereby to the extent it is legally required to do so, whether under applicable securities laws or otherwise, provided, that Salton will use its reasonable best efforts to file with the Securities and Exchange Commission or any other applicable regulator or court a request for confidential treatment of the pricing and other business terms set forth in this Agreement. In the course of performance of this Agreement for one Party Agreement, Salton may disclose certain information to disclose Kmart which Salton considers proprietary and confidential. In order * Denotes Confidential Treatment to be considered as proprietary and confidential and, thus, subject to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19following restrictions, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission Salton must comply with both of the other, except that a Party may disclose such terms following requirements prior to disclosure of the information: (i) those employees or agents the information must be clearly and conspicuously identified in writing as "PROPRIETARY AND CONFIDENTIAL INFORMATION OF SALTON'; and (ii) Salton must limit its dissemination of such Party who the information to an authorized representative of Kmart (i.e., one listed on attached Exhibit E) with a need to know such terms information in order for such Party to perform its obligations under furtherance of the performance of this Agreement; Agreement (the "Authorized Recipient") Provided Salton has complied with (i) and (ii) above, the Authorized Recipient shall maintain the confidentiality of such information to such Party’s legal advisors the same extent Kmart protects its own proprietary information and shall not disclose it to anyone other than Kmart employees, agents and/or consultants with a need to know who shall also be subject to this restriction. Confidential Information shall not include information that a party can demonstrate by written evidence: (i) is in the public domain (provided that information in the public domain has not and does not come into the public domain as a result of the disclosure by the receiving party or financial advisors any of its Affiliates); (ii) is known to the receiving party or authorities for legal advice or tax or accounting purposesany of its Affiliates prior to the disclosure by the other party; or (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice becomes available to the party on a non-confidential basis from a source other Party; (iv) as required to comply with the disclosure obligations than an Affiliate of applicable securities laws, in which cases that party or the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAparty.

Confidentiality and Non-Disclosure. 11.1 It may become necessary 6.1 The Consultant hereby covenants, promises and agrees that it will be provided with confidential, proprietary and valuable information by the Company about its clients, properties, prospects and financial circumstances from time to time during the course currency of this Agreement, in order to permit the Consultant to properly, effectively and efficiently carry out its tasks, duties and activities hereunder. However, by providing such disclosure of Confidential Information to the Consultant, the Company relies on the Consultant to hold such information as confidential and only disclose the same to those parties, whether directors, officers, employees, agents, representatives or clients and contacts of the Consultant “who need to know”, in order that the Consultant can carry out the objects of this Agreement as provided for one Party to disclose herein and as communicated as between the Company and the Consultant during the term of this Agreement. Due to the other information nature of the relationship of the Consultant to the Company no more precise limitations can be placed on the Consultants use and disclosure of Confidential Information received from the Company pursuant hereto than as described herein. 6.2 The general nature of the Agreement between the Parties is that the Consultant will act on the Company’s behalf in the promotion of the Company’s interests. With the broad mandate and scope of this relationship the Company must rely on the fiduciary duty of good faith that the Consultant owes the Company as provided under this Agreement when the Company is making disclosure to the Consultant of Confidential Information about business opportunities and competitive advantages which the disclosing Party considers confidential Company has cultivated and developed. All Confidential Information disclosed to the Consultant is disclosed on the strict condition that the Consultant will not now or at any future time use such Confidential Information received from the Company hereunder in any manner inconsistent with the best interests of the Company, except with the express written permission of the Company. The result of these terms and conditions of disclosure of Confidential Information to the Consultant by the Company is that the Consultant will: (a) Only disclose such Confidential Information on a “need to know” basis, but it will be up to the Consultant’s reasonable discretion in acting on behalf of and in the best interests of the Company to determine what group or groups “need to know” about such information pursuant to the nature and scope of this Agreement; (b) The disclosure of Confidential Information from the Company to the Consultant further to the intents and purposes of this Agreement will prohibit the Consultant from directly or indirectly using the Confidential Information in a manner that is in conflict with or contrary to the best interests of the Company, except with the Company’s written consent; (c) The Consultant will not use Confidential Information in a manner that in the view of the Company would constitute a direct or indirect use for a purpose which is in competition with the best interests of the Company or would be a circumvention of the Company’s right or interest in a particular business opportunity. (d) The meaning of Confidential Information (herein called “Confidential Information”). Disclosure ) will include any information disclosed by the Company that is declared by the Company either verbally or in writing, depending on the means of communication of such Confidential Information shall be governed by the terms Company to the Consultant and do not apply to any of that certain separate Corporate Non-Disclosure Agreement dated September 19the following circumstances: (i) Information forming part of the public domain, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of which became such through no disclosure or terms breach of this Agreement or of any discussions or transactions engaged in hereunder between on the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; Consultant’s behalf; (ii) Information which the Consultant can independently prove was received from a Third Party, which was legally entitled to disclose such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; information; (iii) as required by court order Information which the Consultant is legally obligated to disclose in compliance with any applicable law, statute, regulation, order, ruling or by directive of an official, tribunal or agency which is binding on the rules Consultant, provided that the Consultant must also provide the Company with notice of civil procedure such disclosure at or before releasing or disclosing the Confidential Information to such official, tribunal or agency so that the Company is afforded an opportunity to file a written objection to such disclosure with such official, tribunal or agency. 6.3 The Consultant understands, acknowledges and agrees that the covenants to keep the Confidential Information confidential and not disclose it to Third Parties, except in litigation pursuant conformity with this Agreement, is necessary to protect the proprietary interests of Company in such Confidential Information and a protective order maintaining breach of these covenants would cause significant loss to the Company in regard to its competitive advantage, market opportunities and financial investment associated with protection of its Confidential Information. 6.4 The Consultant further understands, acknowledges and agrees that a breach of these covenants of confidentiality and non-disclosure will likely cause such irreparable harm to the Company that damages alone would be an inadequate remedy and the Consultant consents and agrees such equitable remedies including injunctive relief against any further breach which are reasonably justified in addition to any claim for damages based on a breach of the covenants of confidentiality and non-disclosure. 6.5 The parties mutually acknowledge, confirm and agree that the covenants of confidentiality and non-disclosure will survive termination of this information, after giving no less than ten (10) business days notice Agreement and will continue to bind the other Party; (iv) as required Consultant to comply with protect the disclosure obligations Company’s interest in such Confidential Information disclosed pursuant hereto for a period of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection two year from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale date of all or substantially all termination of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAthis Agreement. .

Confidentiality and Non-Disclosure. 11.1 It may become necessary during In connection with the course of this Agreement for one Party Services to disclose be provided by the Contractor hereunder, the Company will furnish to the other Contractor certain information which that is either non-public, confidential or proprietary in nature (the disclosing Party considers confidential (“"Confidential Information”"). Disclosure The Contractor acknowledges that the Confidential Information will be provided to the Contractor, or the Contractor will be granted access to the Confidential Information, solely for the purposes of such facilitating the provision of the Services, and the Contractor agrees to receive the Confidential Information on the following terms and conditions: (a) that the Confidential Information is to be received and maintained in confidence; (b) that no copies, summaries or reproductions of the Confidential Information or any part thereof may be made without the prior written consent of the Company except as may be reasonably necessary to provide the Services; (c) the Contractor will not, directly or indirectly, disclose, communicate or make known the Confidential Information or any part thereof to any person, firm or corporation for any purpose other than providing the Services; (d) the Contractor will take all reasonable precautions to safeguard the Confidential Information against unauthorised disclosure; (e) that upon request by the Company, the Contractor will promptly return to the Company, all Confidential Information, including all reproductions and copies thereof together with all materials and documents created by the Contractor containing Confidential Information or references thereto from which reference to the substance of the Confidential Information can be implied or understood; (f) that the Confidential Information shall be governed disclosed only to those professional advisers of the Contractor (collectively, the "Permitted Persons") as are reasonably necessary to accomplish the purpose(s) of this Agreement; (g) that the confidential and proprietary nature of the Confidential Information shall be communicated to the Permitted Persons; and (h) the Contractor will be responsible for any unauthorised use or disclosure of Confidential Information by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (Permitted Persons and by any and all other persons to whom it discloses the “CNDA”)Confidential Information. 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDA.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during The SUPPLIER agrees that any confidential information disclosed by THGCA by whatever means will be considered confidential and proprietary. SUPPLIER shall hold the course same in confidence, shall not use the same other than for the purpose of this Agreement for one Party these Terms. 10.1 As used herein, "Confidential Information" refers to disclose any information proprietary and confidential in nature and is either (i) technical information, including patent, copyright, trade secret, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, source documents etc, and services of THGCA, and/or (ii) non-technical information relating to the THGCA’S products, including without limitation pricing, margins, merchandising plans and strategies, finances, financial and accounting data, shareholding data and information, Business suppliers, customers, customer lists, purchasing data, sales and marketing plans, future business plans and any other information which the disclosing Party considers is proprietary and confidential (“Confidential Information”to THGCA, and all/any information relating to subsidiaries, Affiliates, Group Company(ies). Disclosure , Associates etc of such THGCA including its Directors, Promoters and Employees. 10.2 SUPPLIER will maintain in confidence and will not disclose, disseminate or use any Confidential Information belonging to THGCA, whether or not in written form. SUPPLIER shall treat all Confidential Information of THGCA with at least the same degree of care as SUPPLIER accord its own confidential information. SUPPLIER further represents that it exercises at least reasonable care to protect its own confidential information. The confidential information be governed by the terms shared to only those of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those its employees or agents of such Party who need to know such terms in order for information, and certifies that such Party to perform its obligations under this Agreement; (ii) employees have previously signed a similar Agreement with SUPPLIER. 10.3 Confidential Information shall be deemed proprietary and the SUPPLIER shall have no obligation with respect to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposesinformation where the information: was known to SUPPLIER prior to receiving any of the Confidential Information from Discloser; (iii) has become publicly known through no wrongful act of SUPPLIER; was received by SUPPLIER without breach of these Terms from a third party without restriction as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the use and disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intelloninformation; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions was independently developed by it without use of the Agreement may not Confidential Information. 10.4 Confidentiality obligations shall be disclosed), which in no instance valid for the currency of these Terms and shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to survive the termination of any such disclosure other relationship between the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAparties.

Confidentiality and Non-Disclosure. 11.1 It (a) Each Investor acknowledges that the information received by it from the Company pursuant to this Agreement or otherwise (the “Information”) is confidential and that it will only use such Information in its evaluation of the decisions it faces by virtue of being a stockholder of the Company. Each Investor agrees that in any event, it shall not use such Information in violation of the Exchange Act. Each Investor may become necessary during include summary financial information concerning the course Company and general statements concerning the nature and progress of the Company’s business in an Investor’s reports to its limited partners and affiliates and provided that the Investors may provide information to potential purchasers of its securities that are subject to confidentiality obligations comparable to this Section 2.9(a). An investor shall be liable to the Company for any violation of this Agreement for one Party to Section 2.9 by itself or any related person, including its representatives. (b) Except as otherwise required by law, the Company may disclose to third parties the other identity of an Investor as an investor in or interested party to the Company, but the Company shall not publicly disclose any information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of concerning such Confidential Information shall be governed by Investor’s ownership amounts or percentages or the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19any Investor’s investment in the Company, 2002other than to prospective investors (and the Company’s stockholders to the extent necessary or appropriate), Intel CNDA #2201641 (prospective acquirors who are under a duty of confidentiality, governmental agencies and the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties like, without the prior written permission consent of such Investor, which consent shall be at that Investor’s sole discretion. (c) The Company shall enter into Indemnification Agreements (in a form reasonably acceptable to the Company’s Board of Directors) with the directors and executive officers of the otherCompany. The Company will indemnify the Board of Directors to the broadest extent permitted by applicable law. (d) In the event of a change of control of the Company, except proper provision shall be made so that a Party may disclose such terms the successors and assigns of the Company assume the obligations of the Company with respect to (i) those employees or agents indemnification of such Party who need to know such terms members of the Board of Directors as in order for such Party to perform its obligations under this Agreement; (ii) effect immediately prior to such Partytransaction, whether in the Company’s legal advisors Bylaws, Certificate of Incorporation, or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) elsewhere, as required by court order or the case may be, and, unless otherwise affirmatively determined by the rules Board of civil procedure in litigation pursuant to a protective order maintaining Directors, for the confidentiality purchase of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDA“tail” D&O insurance coverage.

Confidentiality and Non-Disclosure. 11.1 It may become Master Franchisee acknowledges that it will receive valuable training regarding the operation of a PLANET BEACH® business, and Confidential Information which is beyond the present skills, experience and knowledge of Master Franchisee and its Owners and Master Franchisee’s employees. The Confidential Information provide by Franchisor in connection with this Agreement constitutes valuable, essential, necessary and indispensable information that Master Franchisee requires and needs in order to perform under this Agreement. Master Franchisee and Restricted Persons shall, at all times during the course term hereof and thereafter, use their best endeavors to preserve the confidentiality of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“all Confidential Information”). Master Franchisee shall use Confidential Information only in connection with the rights granted to it under this Agreement. Disclosure of such and access to Confidential Information shall be governed limited to Master Franchisee and to other Persons, including Area Representative Franchisees and/or Unit Franchisees, who need the Confidential Information to perform their obligations pursuant to this Agreement, an Area Representative Agreement or a Unit Franchise Agreement and who have signed a confidentiality agreement in the form attached as Exhibit F hereof. Each party undertakes to the other to take all steps that are necessary from time to time to ensure compliance with the provisions of this Section 15.A by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19its employees, 2002agents and subcontractors. In addition, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will Master Franchisee shall not disclose the existence of or financial terms of this Agreement to any person or persons except to its professional advisors for legitimate business purposes. The obligations of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations confidentiality under this Agreement; Section 15.A shall not apply where: (iia) the receiving party is subject to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant an obligation to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold disclose the information under confidentiality restrictions similar in force law, or the information is required to those provided be disclosed by any competent regulatory authority, by notice or otherwise; or (b) the information is already in the CNDA.receiving party’s possession other than as a result of a breach of this Section 15.A; or (c) the information is in the public domain other than as a result of a breach of this Section 15.A.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during the course (a) The terms and conditions of this Agreement for one Party to disclose the other Transaction Agreements, any term sheet or memorandum of understanding entered into pursuant to the transactions contemplated hereby, all exhibits and schedules attached hereto and thereto, the transactions contemplated hereby and thereby, including their existence, and all information furnished by any Party hereto and by representatives of such Parties to any other information which Party hereof or any of the disclosing Party considers confidential representatives of such Parties (collectively, the “Confidential Information”). Disclosure of such Confidential Information , shall be governed considered confidential information and shall not be disclosed by any Party hereto to any third party except in accordance with the terms provisions set forth below. The obligations of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 each party hereto under this Section 10.14 shall survive and continue to be binding upon such Party for a period of three (3) years after the “CNDA”)termination of this Agreement. 11.2 Neither Party will disclose (b) Notwithstanding the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between foregoing, the Parties without Company and the prior written permission of the other, except that a Party Investor may disclose such terms to (i) those employees the Confidential Information to its current or agents bona fide prospective investors, Affiliates of such Party the Company and the Investor and their respective employees, bankers, lenders, accountants, legal counsels, business partners or representatives or advisors who need to know such terms information, in each case only where such persons or entities are informed of the confidential nature of the Confidential Information and are under appropriate nondisclosure obligations substantially similar to those set forth in this Section 10.14, (ii) such Confidential Information as is required to be disclosed pursuant to routine examination requests from Governmental Authorities with authority to regulate such Party’s operations, in each case as such Party deems appropriate in its reasonable discretion, and (iii) the Confidential Information to any person to which disclosure is approved in writing by the other Parties hereto. Any Party hereto may also provide disclosure in order for to comply with applicable laws, as set forth in Section 10.14(c) below. (c) Except as set forth in Section 10.14(b)(i) and (iii) above, in the event that any Party is requested or becomes legally compelled (including without limitation, pursuant to any applicable tax, securities, or other laws and regulations of any jurisdiction) to disclose the existence of this Agreement or any other Transaction Agreement or content of any of the financing terms hereunder, such party (the “Disclosing Party”) shall provide the other Parties hereto with prompt written notice of that fact and shall consult with the other Parties hereto regarding such disclosure. At the request of the other Parties, the Disclosing Party shall, to perform its the extent reasonably possible and with the cooperation and reasonable efforts of the other Parties, seek a protective order, confidential treatment or other appropriate remedy. In any event, the Disclosing Party shall furnish only that portion of the information that is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be accorded to such information. (d) Notwithstanding any other provision of this Section 10.14, the confidentiality obligations under this Agreementof the Parties shall not apply to: (i) information which a restricted party learns from a third party which the receiving party reasonably believes to have the right to make the disclosure, provided the restricted party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted party’s possession prior to such Party’s legal advisors the time of disclosure by the protected party and not acquired by the restricted party under a confidentiality obligation; or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or information which enters the public domain without breach of confidentiality by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDArestricted party.

Confidentiality and Non-Disclosure. 11.1 It may become necessary (a) Purchaser acknowledges and agrees that it shall not, during the course term of this Agreement or thereafter, communicate, divulge, or use for one Party to disclose to the benefit of any other person or entity the terms of this Agreement, the P(L) Statements, Seller’s financial statements and other information about Seller’s business and the operations of the Restaurants, and all other non-public information of and about Seller and Seller’s business and operations to which Purchaser had access prior to and through the disclosing Party considers Closing Date, whether or not marked or identified as confidential and proprietary information of Seller and in any medium whatsoever, all of which is and shall remain confidential and proprietary information of Seller (“Seller’s Confidential Information”). Disclosure , unless such disclosure is requested by any regulatory agency, including, without limitation, the Securities and Exchange Commission, or otherwise required by applicable law or regulation (provided that Purchaser provides Seller with reasonable prior written notice of such obligation to disclose and either reasonably assists in obtaining a protective order therefor or reasonably considers any requests by Seller for confidential treatment of such confidential information by Purchaser); provided, however, that the foregoing shall not prohibit Purchaser from making any such disclosure to any of the following having a need to know such information and who have first agreed to maintain such information in confidence (“Purchaser Permitted Recipients”): (i) officers, directors, managers, members and employees of Purchaser and its affiliates, (ii) potential investors and potential lenders of Purchaser and its affiliates (provided, however, that Purchaser shall inform such parties of the confidential nature of the information and such parties shall be bound by obligations of confidentiality no less stringent than those set forth herein), (iii) agents and professional advisors of Purchaser (including legal, tax, accounting and financial advisors), (iv) applicable landlords and property managers of the Demised Premises, and (v) any other person with the prior written consent of Seller. Purchaser shall employ reasonable diligence in the protection of Seller’s Confidential Information and shall be governed responsible for any unauthorized disclosure or use of Seller’s Confidential Information by any of the terms Purchaser Permitted Recipients to which Purchaser may disclose any of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”)Seller’s Confidential Information. 11.2 Neither Party will disclose (b) Seller acknowledges and agrees that it shall not, during the existence of or terms term of this Agreement or thereafter, communicate, divulge, or use for the benefit of any discussions other person or transactions engaged entity the terms of this Agreement, the Purchaser’s and its affiliates’ financial statements and other information about Purchaser’s business , and all other non-public information of and about Purchaser and Purchaser’s business to which Seller had access to prior to and through the Closing Date, whether or not marked or identified as confidential and proprietary information of Purchaser, and in hereunder between any medium whatsoever, is and shall remain confidential and proprietary information of Purchaser (“Purchaser’s Confidential Information”), unless such disclosure is requested by any regulatory agency, including, without limitation, the Parties without Securities and Exchange Commission, or otherwise required by applicable law or regulation (provided that Seller uses reasonable efforts to provide Purchaser with prior notice of such obligation to disclose and either reasonably assists in obtaining a protective order therefor or reasonably considers any requests by Purchaser for confidential treatment of such confidential information by Seller); provided, however, that the prior written permission foregoing shall not prohibit Purchaser from making any such disclosure to any of the other, except that following having a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms information and who have first agreed to maintain such information in order for such Party to perform confidence (“Seller Permitted Recipients”): (i) officers, directors, managers and employees of Seller and its obligations under this Agreement; affiliates, (ii) to such Party’s legal agents and professional advisors or of Seller (including legal, tax, accounting and financial advisors or authorities for legal advice or tax or accounting purposes; advisors), (iii) as required by court order or by applicable landlords and property managers of the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this informationDemised Premises, after giving no less than ten (10) business days notice to the other Party; and (iv) as required to comply any other person with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all prior written consent of the assets Purchaser. Seller shall employ reasonable diligence in the protection of Intellon; Purchaser’s Confidential Information and (vi) upon receipt shall be responsible for any unauthorized disclosure or use of prior written authorization from Intel (which may stipulate that certain provisions Purchaser’s Confidential Information by any of the Agreement Seller Permitted Recipients to which Seller may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to disclose any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAPurchaser’s Confidential Information.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during (A) CONFIDENTIALITY OF THE TERMS OF THIS AGREEMENT. The terms of this Agreement that are not otherwise required to be disclosed to the course FCC will be kept strictly confidential by the Parties and their Agents, which confidentiality obligation will survive the termination or expiration of this Agreement for a period of two (2) years. The Parties may make disclosures as required by Law or judicial process, and to members of their boards of directors and advisory boards, employees, shareholders, agents, attorneys and accountants (collectively, "AGENTS") as required to perform their obligations under the Agreement; provided, however, that the Parties will cause all Agents to honor the provisions of this Section 15(a). At the request of one Party to disclose to Party, the other information which the disclosing Party considers confidential (“Confidential Information”)will support an application to a court of competent jurisdiction to enjoin any disclosure and to maintain such confidentiality. Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will Clearwire may disclose the existence of or terms of this Agreement to its Affiliates, strategic partners, actual or of any discussions or transactions engaged potential investors, lenders, acquirers, merger partners, and others whom Clearwire deems in hereunder between the Parties without the prior written permission of the other, except that good faith to have a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order information for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors purposes of pursuing a transaction or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply relationship with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transactionClearwire, so long asas Clearwire secures an enforceable obligation from all such third parties to limit the use and disclosure of this Agreement as provided herein. Licensee and [***] may disclose the terms of this Agreement to their respective Affiliates, in all casesto possible successors to the interests of Licensee or [***], prior and to any lenders, solely for purposes of pursuing a transaction or formal relationship with Licensee or [***] as the case may be, so long as Licensee or [***] secures an enforceable obligation from such third parties to limit the use and disclosure of this Agreement as provided herein. Licensee may also disclose the recipient existence and duration of the disclosure is bound exclusivity rights and ROFR in Section 4 of this Agreement. The Parties will submit a confidentiality request to hold the FCC if the FCC seeks from the Parties a copy of this Agreement or any other confidential information under confidentiality restrictions similar in force to those provided in the CNDAregarding its terms.

Confidentiality and Non-Disclosure. 11.1 It The Receiving Party recognizes and acknowledges that the Confidential Information which the Disclosing Party may become necessary during the course of this Agreement for one Party to submit or disclose to the other Receiving Party is proprietary and secret and shall be regarded by the Receiving Party as confidential and proprietary information which owned by the disclosing Disclosing Party. The Receiving Party considers confidential (“shall keep and hold all Confidential Information”)Information secret and confidential. Disclosure of The Receiving Party agrees to use such Confidential Information for the sole purpose of determining whether the Receiving Party shall enter into a Transaction with the Disclosing Party and/or for the Parties to work together during the Transaction. In the event the Parties enter into a Transaction of any nature whatsoever, the Receiving Party agrees to use such Confidential Information for the sole purpose of performing its obligations under such Transaction. The Receiving Party agrees that it shall restrict access to the Confidential Information and disclose the Confidential Information or portions thereto to its Representatives only if and to the extent necessary for the purpose of evaluating the Transaction and/or to perform its obligations during the Transaction. The Receiving Party shall inform its Representatives of the confidential nature of the Confidential Information and cause such Representatives to agree to be governed bound by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (this Agreement. The Receiving Party agrees to be responsible for any breach of the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement by its Representatives. The Receiving Party and its Representatives may disclose the Confidential Information, to the extent legally required to do so, if the Receiving Party or of any discussions its Representatives would be liable for contempt or transactions engaged in hereunder between other penalty unless the Parties without the Confidential Information is disclosed. In which case, Receiving Party or its Representatives shall provide Disclosing Party with prompt prior written permission notice of the other, except that a disclosure obligation and shall cooperate with Disclosing Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to obtaining a protective order maintaining or other remedy. Notwithstanding the confidentiality foregoing, upon consent of this informationPotential Partner, after giving no less than ten Potential Partner permits UT and/or its advisors to make introductions to designated third parties who are also parties to a non-disclosure agreement with UT (10“Designated Third Parties”) business days notice for purposes of evaluating submission of a joint proposal related to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities lawsTransaction. Additionally, notwithstanding anything in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities this Agreement to the fullest extent allowable and practicable under contrary, Potential Partner is hereby expressly permitted to share Confidential Information with Designated Third Parties only for the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to limited purpose of evaluating the submission of a bona fide merger, consolidation, joint proposal or sale the development of all or substantially all of a joint proposal regarding the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDATransaction.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during You and your Representatives shall use the course of this Agreement Confidential Information solely to evaluate, negotiate and, if applicable, consummate a possible Transaction and not for one Party to disclose to any other purpose (the other information which the disclosing Party considers confidential (“Confidential InformationPurpose”). Disclosure Except as set forth in Section 6, you and your Representatives (a) shall keep confidential the Confidential Information in strict confidence and shall not disclose the Confidential Information, and (b) shall keep confidential and shall not disclose to any person the fact that the Confidential Information has been made available to you or to your Representatives, that this agreement has been entered into, that you are considering or have considered a Transaction, that discussions or negotiations are taking place or have taken place concerning a possible Transaction, that such discussions or negotiations have ended or been terminated, the content or substance of any such discussions or negotiations, or any of the terms, conditions or other facts with respect to the foregoing, including the status thereof (it being understood that the information described herein shall be treated as Confidential Information); provided that, you may disclose Confidential Information solely for the purposes of, and solely to the extent required for, evaluating, negotiating and, if applicable, consummating a possible Transaction, to your Representatives who (i) in your reasonable determination, need to know such Confidential Information for the purposes of your evaluation, negotiation and, if applicable, consummation of the Transaction, (ii) has been formally informed by you of the confidential nature of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission and of the otherrestrictions on its disclosure and use, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) agrees not to disclose or use any Confidential Information except as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this informationprovided herein, after giving no less than ten (10) business days notice to the other Party; and (iv) as required agrees to comply act in accordance with the disclosure obligations terms and conditions of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAthis agreement.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during the course (a) The terms and conditions of this Agreement for one Agreement, Restructuring Documents and the other Transaction Documents, any term sheet or memorandum of understanding entered into in connection with the transactions contemplated hereby, all exhibits and schedules attached hereto and thereto, the transactions contemplated hereby and thereby, including their existence, and all information furnished by any Party hereto and by representatives of such Party to disclose to any other Party hereof or any of the other information which representatives of such Parties (collectively, the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information , shall be governed considered confidential information and shall not be disclosed by any Party hereto to any third party except in accordance with the terms provisions set forth below. The obligations of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (each Party hereto under this Section 10.10 shall survive and continue to be binding upon such Party after the “CNDA”)termination of this Agreement. 11.2 Neither Party will disclose (b) Notwithstanding the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between foregoing, the Parties without Company and the prior written permission of the other, except that a Party Investor may disclose such terms to (i) those employees the Confidential Information to its current or agents bona fide prospective investor, Affiliates of such Party the Company and the Investor and their respective directors, officers, employees, bankers, lenders, accountants, legal counsels, business partners or representatives or advisors who need to know such terms information, in each case only where such persons or entities are informed of the confidential nature of the Confidential Information and are under appropriate nondisclosure obligations substantially similar to those set forth in this Section 10.10, (ii) such Confidential Information as is required to be disclosed pursuant to routine examination requests from Governmental Authorities with authority to regulate such Party’s operations, in each case as such Party deems appropriate in its sole discretion, and (iii) the Confidential Information to any Person to which disclosure is approved in writing by the other Parties hereto. Any Party hereto may also provide disclosure in order for to comply with applicable Laws, as set forth in Section 10.10(c) below. (c) Except as set forth in Section 10.10(b) above, in the event that any Party is requested or becomes legally compelled (including pursuant to any applicable Tax, securities, or other Laws and regulations of any jurisdiction or the rules of any stock exchange) to disclose any Confidential Information, such Party (the “Disclosing Party”) shall, to perform its the extent legally permitted and reasonably possible, provide the other Parties hereto with prompt written notice of that fact and consult with the other Parties hereto regarding such disclosure. At the request of the other Parties, the Disclosing Party shall, to the extent reasonably possible and with the cooperation and reasonable efforts of the other Parties, seek a protective order, confidential treatment or other appropriate remedy. In any event, the Disclosing Party shall furnish only that portion of the information that is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be accorded to such information. (d) Notwithstanding any other provision of this Section 10.10, the confidentiality obligations under this Agreementof the Parties shall not apply to: (i) information which a Party learns from a third party which the receiving Party reasonably believes to have the right to make the disclosure, provided the receiving Party complies with any restrictions imposed by the third party; (ii) to such information which is rightfully in the receiving Party’s legal advisors possession prior to the time of disclosure by the Disclosing Party and not acquired by the receiving Party under a confidentiality obligation; or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or information which enters the public domain without breach of confidentiality by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other receiving Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDA.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during 2.1 The Recipient shall hold the course Confidential Information received under this Agreement in strict confidence except as permitted under this Agreement. Until the expiration of this Agreement as set forth in Section 13, the Recipient shall not (a) disclose the Confidential Information to any person who is not employed by, or an agent of, the Recipient or who is not under contract with the Recipient with non-disclosure terms and obligations in such contract at least as restrictive as those contained in this Agreement, or (b) use the Confidential Information for any purpose other than: 2.1.1 Permitted Use of Confidential Information by Recipient (select only one Party box): To evaluate one or more inventions or other intellectual property of the University for commercial development. For non-commercial research purposes only. Other:   2.2 The Recipient’s obligation not to use or disclose the Confidential Information does not apply to those portions of the Confidential Information that: (i) was generally available in the public domain at the time the University disclosed it to the other Recipient, or after the University’s disclosure of it to the Recipient, was placed in the public domain through no act or fault of the Recipient or the Recipient’s employees, agents or representatives; (ii) the Recipient had actual knowledge of as evidenced by written records, provided the Recipient acquired such knowledge in conformance with all applicable laws and not as the recipient, directly or indirectly, of such information in violation of a valid and enforceable confidentiality agreement; (iii) the Recipient obtained from a third party not bound by confidentiality obligations; or (iv) the Recipient developed independently, for which the disclosing Party considers confidential (“Recipient can demonstrate by written records that independent development occurred without knowledge or use of Confidential Information”). Disclosure . 2.3 Notwithstanding any provision of this Agreement to the contrary, the Recipient may disclose the Confidential Information to Recipient’s employees who have a legitimate business need to know such Confidential Information shall be governed by and who have been informed of the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between and the Parties without the prior written permission confidential nature of the otherConfidential Information and have been directed to use, except that a Party hold and protect the Confidential Information in strict accordance with the terms of this Agreement. 2.4 The Recipient may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) the Confidential Information as required by law or a governmental agency or body, including under a valid subpoena or court order or issued by a court of competent jurisdiction over the rules of civil procedure in litigation pursuant to a protective order maintaining Recipient and its properties. In such event, the confidentiality of this information, after giving no less than ten (10) business days Recipient shall deliver written notice to the other Party; University of its obligation and intention to disclose Confidential Information at least fifteen (iv15) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities days prior to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale intended date of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAdisclosure.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during the course The Receiving Party agrees that any and all information being delivered or disclosed (regardless of this Agreement for one Party to disclose form, whether verbally or in writing) to the other information which Receiving Party by the disclosing Disclosing Party considers confidential (“the "Confidential Information”"), shall be deemed to be confi­dential and proprietary, unless specifically designated by the Disclosing Party at the time of disclosure to be non-confidential or non-proprietary. Disclosure of The Confidential Information includes, but is not limited to, information relating to the Purpose. The Receiving Party shall treat, and shall cause its officers, directors, employees, attorneys, advisors and auditors also to treat, the Confidential Information as strictly confidential and shall not divulge or disclose (directly or indirectly) the Confidential Information to any other person or entity (other than its officers, directors, employees, attorneys, advisors and auditors who reasonably require access to the Confidential Information for the purpose for which it was disclosed; except when (i) such Confidential Information was already in the Receiving Party’s possession at the time of disclosure through no fault of the Receiving Party; (ii) such disclosure is required by law or by any order of any administrative or judicial authority; (iii) such Confidential Information has become public through no fault of the Receiving Party; or (iv) such Confidential Information has been obtained separately by the Receiving Party from a third party that has a right to disclose such information. The Receiving Party shall use the Confidential Information for the sole purpose of which it was disclosed. Nothing in this Agreement shall be governed deemed or construed to grant to the Receiving Party a license to use, sell, lease, develop, exploit, grant or in any other way enable a third party to use the Confidential Information. The Receiving Party shall make its best efforts and take whatever steps necessary to maintain the Confidential Information confidential and shall ensure that any person or entity to whom Confidential Information is disclosed covenants to keep such Confidential Information confidential to the same extent as the Receiving Party is bound by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its secrecy obligations under this Agreement; (ii) to Agreement and that such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAcovenants are strictly observed.

Confidentiality and Non-Disclosure. 11.1 It (a) Each Party may become necessary during the course of this Agreement have a proprietary interest or other need for one Party to disclose confidentiality in information that may be furnished to the other information which the disclosing Party considers confidential pursuant to this Agreement (“Confidential Information”). Disclosure The Party disclosing such information shall be referred to in this section as the “Disclosing Party,” and the Party receiving such information shall be referred to as the ”Receiving Party.” (b) The Receiving Party will hold in confidence and, without the consent of such the Disclosing Party, will not use, reproduce, distribute, transmit, or disclose, directly or indirectly, the Confidential Information shall be governed of the Disclosing Party except as permitted herein. The Receiving Party may only disclose the Confidential Information to its officers, directors, employees, professional advisors and independent contractors and consultants with a direct need to know the information for the implementation or exercise of rights and/or performance of obligations under or arising from this Contract, provided that such persons/entities (other than officers, directors and employees) are bound by written confidentiality agreements with terms and conditions that are no less restrictive than those contained in this section. Without limiting the terms foregoing, the Receiving Party agrees that it will exercise at least the same standard of that certain separate Corporate Non-Disclosure Agreement dated September 19care in protecting the confidentiality of the Disclosing Party’s Confidential Information as it does with its own Confidential Information of a similar nature, 2002but in any event, Intel CNDA #2201641 (the “CNDA”)no less than reasonable care. 11.2 Neither Party will disclose the existence of or terms (c) Confidential Information for purposes of this Agreement or of any discussions or transactions engaged in hereunder between Contract shall not include information if and only to the Parties without extent that the prior written permission of Receiving Party establishes that the other, except that a Party may disclose such terms to information: (i) those employees is or agents becomes a part of such Party who need to know such terms in order for such Party to perform its obligations under this Agreementthe public domain through no act or omission of the Receiving Party; (ii) to such was in the Receiving Party’s legal advisors lawful possession prior to the disclosure and had not been obtained by the Receiving Party either directly or financial advisors indirectly from the Disclosing Party; or authorities for legal advice or tax or accounting purposes; (iii) as required is lawfully disclosed to the Receiving Party by court order or a third party without restriction on disclosure. Confidential Information may also be disclosed by the rules of civil procedure in litigation Receiving Party pursuant to a protective requirement of a governmental agency, regulatory body or by operation of law, provided that the recipient shall disclose only that part of the Confidential Information that it is required to disclose and shall notify the Disclosing Party prior to such disclosure in a timely fashion in order maintaining to permit the Disclosing Party to lawfully attempt to prevent or restrict such disclosure should it so elect, and shall take all other reasonable and lawful measures to ensure the continued confidential treatment of the same by the party to which the Confidential Information is disclosed. (d) Any provision herein to the contrary notwithstanding, Hawaiian Electric may disclose Confidential Information to the Commission, the Division of Consumer Advocacy of the Department of Commerce and Consumer Affairs of the State of Hawai‘i (“Consumer Advocate”), and/or any other governmental regulatory agency with notice to, but without need of prior consent by Seller, provided that Hawaiian Electric takes reasonable steps to obtain approval to submit the same under seal or under other procedures designed to preserve the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAConfidential Information.

Confidentiality and Non-Disclosure. 11.1 It may become necessary (a) The Employee shall hold in strict confidence and shall not, either during the course of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms term of this Agreement or after the termination hereof, disclose, directly or indirectly, to any third party, person, firm, corporation or other entity, irrespective of any discussions whether such person or transactions entity is a competitor of the Company or is engaged in hereunder between the Parties without the prior written permission a business similar to that of the otherCompany, except that a Party may disclose such terms to any trade secrets or other proprietary or confidential information of the Company or any subsidiary or affiliate (ias defined in Section 9) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; the --------- Company (iicollectively, "Proprietary Information") to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or obtained by the rules of civil procedure in litigation pursuant Employee ----------------------- from or through his employment hereunder. Such Proprietary Information includes but is not limited to a protective order maintaining the confidentiality of this Inventions (as defined below), marketing plans, product plans, business strategies, financial information, after giving no less forecasts, personnel information and customer lists. The Employee hereby acknowledges and agrees that all Proprietary Information referred to in this Section 10 shall not be used for ---------- any purpose other than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party his duties hereunder and shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all be deemed trade secrets of the assets Company and of Intellon; its subsidiaries and (vi) upon receipt of prior written authorization affiliates, as defined in Section 9, --------- and that the Employee shall take such steps, undertake such actions and refrain from Intel (which may stipulate that certain taking such other actions, as mandated by the provisions hereof and by the provisions of the Agreement Maryland Uniform Trade Secret Act. The Employee further acknowledges that the Company's products and titles consist of copyrighted material, and the Employee shall exercise his best efforts to prevent the use of such copyrighted material by any person or entity which has not prior thereto been authorized to use such information by the Company. (b) The Employee further hereby agrees and acknowledges that any disclosure of any Proprietary Information prohibited herein, or any breach of the provisions of Section 10 of this Agreement, may result in irreparable ---------- injury and damage to the Company which will not be disclosed)adequately compensable in monetary damages, which in that the Company will have no instance shall adequate remedy at law therefor, and that the Company may obtain such authorization preliminary, temporary or permanent mandatory or restraining injunctions, orders or decrees as may be unreasonably withheldnecessary to protect the company against, conditioned or delayedon account of, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure breach by the recipient Employee of the disclosure is bound provisions contained in Sections 10 or 11. The Employee shall reimburse the reasonable legal fees and ----------- -- other costs incurred by the Company in enforceing the provisions of Sections 10 ----------- and 11 of this Agreement. -- (c) The Employee further agrees that, upon termination of this Agreement, whether voluntary or involuntary or with or without cause, the Employee shall notify any new employer, partner, associate or any other firm or corporation with whom the Employee shall become associated in any capacity whatsoever of the provisions of this Section 10, and that the Company may give ---------- such notice to hold the information under confidentiality restrictions similar in force to those provided in the CNDAsuch firm, corporation or other person.

Confidentiality and Non-Disclosure. 11.1 It Company has a proprietary interest in the Participation Agreement, the work provided hereunder, and the work product derived therefrom. Vendor and Vendor Personnel may have access to and become necessary during the course familiar with various customer lists, trade secrets, and other confidential or proprietary information of this Agreement for one Party to disclose Company or other parties, including formulas, patents, devices, secret inventions, processes and compilations of information, records, programs, software and source codes, which are owned by Company or subject to the other information which the disclosing Party considers confidential obligations of Company (all hereinafter referred to as “Confidential Information”). Disclosure of such Confidential Information shall be governed not include information which Vendor can demonstrate by competent proof (a) is now, or hereafter becomes generally known or available in the public domain (other than as a result of a disclosure directly or indirectly by Vendor or any Vendor Personnel in violation of this section, Proprietary and Confidential Information); (b) is known by Vendor or any Vendor Personnel on a non- confidential basis at the time of disclosure to Vendor by Company, so long as the source of such information is not under a contractual, legal, fiduciary or other obligation not to disclose such information; or (c) is independently developed by Vendor or Vendor Personnel without any breach of the Participation Agreement. Vendor shall use Confidential Information solely for performing the Work and not for any other purpose, including in any way detrimental or potentially detrimental to Company or any of its Affiliates. Vendor shall maintain the strict confidentiality of the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19the Participation Agreement, 2002the work product resulting from the Participation Agreement, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will and any Confidential Information provided to Vendor or any of its representatives and shall not disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the otherforegoing, except that a Party Vendor may disclose such terms Confidential Information to (i) those employees or agents of such Party its representatives and Subcontractors who have a reasonable need to know such terms information in order for such Party Vendor to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all casesWork if, prior to any such disclosure the recipient disclosure, (a) Vendor informs any such representative or Subcontractor of the disclosure is bound terms of this section (Proprietary and Confidential Information) and (b) such representative or Subcontractor agrees in writing to hold preserve the information confidentiality of the Confidential Information under confidentiality restrictions similar in force the terms of this section (Proprietary and Confidential Information). Vendor shall cause its representatives and Subcontractors to those provided comply with the terms of this section (Proprietary and Confidential Information), and shall be responsible for any breach of this section (Proprietary and Confidential Information) by any of its representatives or Subcontractors. If Vendor, or any of its representatives or Subcontractors, becomes required by law or applicable legal process to disclose any Confidential Information, Vendor shall provide Company with prompt prior written notice of such requirement and the terms of and circumstances surrounding such requirement so that Company may seek an appropriate protective order or other remedy, and Vendor shall provide, and shall cause such representative or Subcontractor to provide, such cooperation with respect to obtaining a protective order or other remedy as Company may reasonably request. If, in the CNDAabsence of a protective order or other remedy or the receipt of a waiver by Company, Vendor or any of its representatives or Subcontractors are nonetheless, in the opinion of legal counsel to Vendor expressed in writing and reasonably acceptable in form and substance to Company, legally compelled to either disclose Confidential Information to any tribunal or stand liable for contempt or suffer other censure or penalty, Vendor or that representative or Subcontractor may, without liability hereunder, disclose to such tribunal only that portion of the Confidential Information that such counsel advises Vendor is legally required to be disclosed. Vendor shall exercise its best efforts to obtain an appropriate protective order or other reasonable assurance that confidential treatment will be accorded such Confidential Information by such tribunal. Company retains the entire right, interest and title to its Confidential Information. All files, records, documents, source codes, programs, software, equipment and similar items relating to the business of Company, no matter by whom prepared, shall remain the exclusive property of Company. The covenants contained in this section (Proprietary and Confidential Information) shall be construed independently of any other provisions of the Participation Agreement and shall survive the termination of the Participation Agreement. The existence of any claim or cause of action of Vendor Personnel against Vendor, whether predicated on the Participation Agreement or otherwise, shall not constitute a defense to the enforcement by Vendor or Company of the covenants in this section (Proprietary and Confidential Information). Vendor acknowledges that disclosure of any Confidential Information by Vendor or Vendor Personnel will give rise to irreparable injury to Company, inadequately compensable in damages. Accordingly, Company shall be entitled to seek and obtain injunctive relief, in addition to other legal remedies, which may be available in the event of any disclosure of Confidential Information by Vendor or Vendor Personnel. Upon Company’s request, Vendor shall, and shall cause Vendor Personnel to, (a) immediately cease using the Confidential Information and (b) promptly return or destroy (at Company’s option) all Confidential Information, including materials prepared in whole or in part based on such Confidential Information, and all copies thereof. Upon Company’s request, an authorized officer of Vendor supervising the return or destruction of Confidential Information shall certify that Vendor no longer has in its possession or under its control any Confidential Information in any form whatsoever, or any copy thereof.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during (a) Each Stockholder agrees that, except as otherwise consented to by the course Board of this Agreement for one Party to disclose to the other Directors, all information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall has been furnished to it or will be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19furnished to it, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of pursuant to this Agreement or otherwise, relating to the Company or any of its subsidiaries or the business of any discussions of them will be kept confidential, will not be used by such Stockholder, or transactions engaged by any of its agents, representatives, or employees, for any purpose other than evaluating and monitoring the investment in hereunder between the Parties without Company and its subsidiaries and enforcing rights hereunder, and will not be disclosed by such Stockholder, or by any of its agents, representatives, or employees, in any manner whatsoever, in whole or in part. (b) Notwithstanding the prior written permission foregoing provisions of Section 5.2(a), any information that the otherStockholder in question can demonstrate (a) was generally known in the trade or business in which it is practiced by the Company or its affiliates at the time of disclosure to such Stockholder, except that or becomes so generally known after such disclosure through no act of such Stockholder or its employees or agents, or (b) has come into the possession of such Stockholder from a Party may disclose third party who was not actually known by such terms Stockholder to be under an obligation to the Company or any of its affiliates to maintain the confidentiality of such information shall not be subject to the immediately preceding sentence. (c) Notwithstanding the provisions of Section 5.2(a): (i) each Stockholder shall be permitted to disclose such information to those of its agents, representatives, and employees or agents of such Party who need to know be familiar with such terms information in order connection with such Stockholder’s investment (each such Person being hereafter referred to as “Authorized Representatives”) in the Company for use solely for such Party purpose, provided each Stockholder uses reasonable efforts to perform cause each of it Authorized Representatives to keep such information confidential and comply with the obligations under this Section 5.2; (ii) each Stockholder shall be permitted to disclose such information to financial institutions, investment bankers and prospective purchasers of such Stockholder’s Shares for use solely in evaluating a prospective investment in such Shares, provided each Stockholder uses reasonable efforts to cause such persons to keep such information confidential and comply with the obligations under this Section 5.2; (iii) each Stockholder shall be permitted to disclose such information to its obligations managers, partners and stockholders and, in the case of Stockholders that are private equity funds, to their direct and indirect existing and prospective investors; (iv) each Stockholder shall be permitted to disclose information to the extent required by law, so long as such Stockholder shall have, to the extent reasonably practicable, first afforded the Company with a reasonable opportunity to contest the necessity of disclosing such information (unless such disclosure is made to regulatory or other governmental or non-governmental authorities having jurisdiction over such Stockholder (including the Securities and Exchange Commission and any exchange on which the securities of any Stockholder are traded) in which event such opportunity to contest need not be given to the Company); (d) each Stockholder shall be permitted to disclose information to the extent necessary for the enforcement of any right of such Stockholder arising under this Agreement; and (iie) the parties acknowledge and agree that the PEP Stockholders, the SL Stockholders and their respective employees and agents who receive or are exposed to the Company’s and its subsidiaries’ confidential information may further develop their general knowledge, skills and experience (including general ideas, concepts, know-how and techniques), which may be based in whole or in part on such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or confidential information. Notwithstanding anything in this Agreement to the contrary, the use by the rules PEP Stockholders, the SL Stockholders, their Affiliates and these employees and agents of civil procedure such general knowledge, skills and experience, as retained in litigation pursuant to their unaided memories, will not constitute a protective order maintaining the confidentiality breach of this information, after giving no less than ten Agreement. (10f) business days notice Without intending to limit the remedies available to the other Party; (iv) as required Company, each Stockholder acknowledges that a breach of any of the covenants contained in this Section 5.2 may result in material irreparable injury to comply with the disclosure obligations of applicable securities lawsCompany or its affiliates for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities event of such a breach or threat thereof, to the fullest extent allowable permitted by law, the Company shall be entitled to seek a temporary restraining order and/or a preliminary or permanent injunction restraining the Stockholder and/or such Stockholder’s affiliates from engaging in activities prohibited hereby or such other relief as may be required to specifically enforce any of the covenants contained herein, and practicable under to the circumstances; (v) fullest extent permitted by law, such Stockholder agrees not to bona fide potential acquirers as required oppose the granting of such injunctive relief on the basis that monetary damages are an adequate remedy. Each Stockholder hereby agrees and consents that such injunctive relief may be sought in connection with due diligence related to a bona fide merger, consolidationthe courts in the State of Delaware, or sale of all or substantially all of the assets of Intellon; and in any other court having competent jurisdiction. (vig) upon receipt of prior written authorization from Intel (which may stipulate that certain The provisions of the this Section 5.2 shall survive any termination of this Agreement may not and shall continue to bind each Person who was ever subject to this provision even if such Person would otherwise cease to be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, subject to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAthis provision.

Confidentiality and Non-Disclosure. 11.1 It may become necessary 10.1 At all times during the course Term, and for a period of five (5) years following Termination, each party (the "RECEIVING PARTY") shall, and shall cause its officers, directors, employees, agents, Affiliates and, in the case of the Licensee, any Sub-licensee, to keep confidential, and not publish or otherwise disclose, and not use, directly or indirectly, for any purpose, any Confidential Information provided to it by or on behalf of the other party (the "DISCLOSING PARTY"), except to the extent such disclosure or use is expressly permitted by the terms of this Agreement agreement or is reasonably necessary, for one the performance of this agreement. 10.2 The Licensor recognises that by reason of the Licensee's status as an exclusive licensee pursuant to clause 2, the Licensee has an interest in the Licensor's retention in confidence of certain confidential information of the Licensor. Accordingly, the Licensor shall, and shall cause its Affiliates and their respective officers, directors, employees and agents to, keep confidential, and not publish or otherwise disclose, any such information relating to: (a) the Product, including the Know-How and any Regulatory Documentation, in each case to the extent relevant to the Field of Use; or (b) the Exploitation of the Product in the Field of Use, including any development, sales or marketing plans therefor, (the "LICENSOR INFORMATION"), save that it, and they, may disclose the same under obligations of confidence appropriate to protect such interests of the Licensee. The disclosure by the Licensor to the Licensee of Licensor Information shall not, in itself, cause such information to cease to be confidential. 10.3 Notwithstanding clause 10.1, each party may disclose, and permit the disclosure of, Confidential Information to the extent that such disclosure is: (a) made in response to a valid order of a court of competent jurisdiction or other competent authority (including any Health Authority), provided, however, that the Receiving Party shall, subject to Law, first have given notice to the Disclosing Party and given the Disclosing Party a reasonable opportunity to seek to overturn any such order or obtain a protective order requiring that the Confidential Information subject of such order be held in confidence by such court or authority or, if disclosed, be used only for the purpose for which the order was issued; and provided further that if such order is not overturned or a protective order is not obtained, the relevant Confidential Information disclosed in response to such court or governmental order shall be limited to that which is legally required to be disclosed in response to such court or governmental order; (b) made by the Receiving Party to disclose a Health Authority as may be necessary or reasonably useful in connection with any filing, application or request for a Health Registration Approval; provided, however, that reasonable measures shall first be taken to assure confidential treatment of such Confidential Information, to the extent such protection is available; (c) made by the Receiving Party to a relevant authority where necessary or reasonably useful for the purposes of obtaining or enforcing a Patent or Joint Patent, provided, however, that the Receiving Party shall take reasonable measures to assure confidential treatment of such information, to the extent such protection is available; or (d) otherwise required by Law, provided, however, that the Receiving Party shall, subject to Law: (i) provide the Disclosing Party with reasonable advance notice of, and an opportunity to comment on, any such required disclosure; (ii) if requested by the Disclosing Party, seek confidential treatment with respect to any such disclosure to the extent available; and (iii) use its reasonable endeavours to incorporate the comments of the Disclosing Party in any such disclosure or request for confidential treatment. 10.4 The Licensee may disclose Confidential Information as necessary in Exploiting the Product. 10.5 Notwithstanding the foregoing, Confidential Information shall not include any information that: (a) is or hereafter becomes part of the public domain by or through no wrongful act, fault or negligence on the part of the Receiving Party; (b) can be demonstrated by documentation, or other information which competent proof, to have been in the disclosing Receiving Party's, or any of its Affiliates', possession prior to disclosure by the Disclosing Party, free of any obligation of confidence owed to any Person; (c) is subsequently received by the Receiving Party, or any of its Affiliates, from a Third Party considers confidential who is not bound by any obligation of confidentiality with respect to said information; (“d) is generally made available to third parties by the Disclosing Party without restriction on use or disclosure; or (e) can be demonstrated by documentation, or other competent proof, to have been independently developed by or for the Receiving Party, or any of its Affiliates, without reference to the Disclosing Party's Confidential Information”). Disclosure . 10.6 Specific aspects or details of Confidential Information shall not be deemed to be within the public domain, or in the possession of the Receiving Party, merely because the Confidential Information is embraced by more general information in the public domain or in the possession of the Receiving Party, and any combination of Confidential Information shall not be considered in the public domain or in the possession of the Receiving Party merely because individual elements of such Confidential Information are in the public domain or in the possession of the Receiving Party unless the combination and its principles are in the public domain or in the possession of the Receiving Party. 10.7 This clause 10 shall not be construed to prohibit either party from identifying the other party in its internal business communications, provided that any Confidential Information in such communications remains subject to this clause 10. 10.8 Clauses 10.3 and 10.5 to 10.7(with the exception of clauses 10.5 (b) and (e)) shall apply, mutatis mutandis, to Licensor Information as they do to Confidential Information and, for these purposes, the Licensor shall be governed by deemed to be the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”)Receiving Party thereof. 11.2 Neither Party will disclose 10.9 The text of any press release or other communication to be published by or in the existence of or terms media concerning the subject matter of this Agreement agreement will require the approval of both parties. 10.10 The parties acknowledge that scientific publications must be strictly monitored to prevent any adverse events from premature publication of results of research and development activities hereunder. Accordingly, the Licensor shall not publish, present or otherwise disclose any material related to the Exploitation of any discussions or transactions engaged the Product in hereunder between the Parties Field of Use without the prior written permission consent of the otherLicensee, except that a Party may disclose such terms not to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned withheld or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDA.

Confidentiality and Non-Disclosure. 11.1 It may become necessary (a) The Employee shall hold in strict confidence and shall not, either during the course of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms term of this Agreement or after the termination hereof, disclose, directly or indirectly, to any third party, person, firm, corporation or other entity, irrespective of any discussions whether such person or transactions entity is a competitor of the Company or is engaged in hereunder between the Parties without the prior written permission a business similar to that of the otherCompany, except that a Party may disclose such terms to any trade secrets or other- proprietary or confidential information of the Company or any subsidiary or affiliate (ias defined in Section 9) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; the Company (iicollectively, --------- "Proprietary Information") to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or obtained by the rules of civil procedure in litigation pursuant Employee from or through his ----------------------- employment hereunder. Such Proprietary Information includes but is not limited to a protective order maintaining the confidentiality of this Inventions (as defined below), marketing plans, product plans, business strategies, financial information, after giving no less forecasts, personnel information and customer lists. The Employee hereby acknowledges and agrees that all Proprietary Information referred to in this Section 10 shall not be used for any purpose ---------- other than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party his duties hereunder and shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all be deemed trade secrets of the assets Company and of Intellon; its subsidiaries and (vi) upon receipt of prior written authorization affiliates, as defined in Section 9, and that the --------- Employee shall take such steps, undertake such actions and refrain from Intel (which may stipulate that certain taking such other actions, as mandated by the provisions hereof and by the provisions of the Agreement Maryland Uniform Trade Secret Act. The Employee further acknowledges that the Company's products and titles consist of copyrighted material, and the Employee shall exercise his best efforts to prevent the use of such copyrighted material by any person or entity which has not prior thereto been authorized to use such information by the Company. (b) The Employee further hereby agrees and acknowledges that any disclosure of any Proprietary Information prohibited herein, or any breach of the provisions of Section 10 of this Agreement, may result in irreparable injury ---------- and damage to the Company Which will not be disclosed)adequately compensable in monetary damages, which in that the Company will have no instance shall adequate remedy at law therefor, and that the Company may obtain such authorization be unreasonably withheldpreliminary, conditioned temporary or delayedpermanent mandatory or restraining injunctions, orders or decrees as maybe necessary to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transactionprotect the company against, so long asor on account of, in all cases, prior to any such disclosure breach by the recipient Employee of the disclosure is bound provisions contained in Sections 10 or 11. ----------- -- (c) The Employee further agrees that, upon termination of this Agreement, whether voluntary or involuntary or with or without cause, the Employee shall notify any new employer, partner, associate or any other firm. or corporation with whom the Employee shall become associated in any capacity whatsoever of the provisions of this Section 10, and that the Company may give ---------- such notice to hold the information under confidentiality restrictions similar in force to those provided in the CNDAsuch firm, corporation or other person.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during 9.1 The Seller and the course Purchaser acknowledge that the existence and contents of this Agreement for one Party and all negotiations made pursuant to this Agreement are confidential. The Seller and the Purchaser also agree that all information relating to the Business including but not limited to the following shall be deemed <Confidential Information=: business strategies, technology plans, financial condition, business plans, marketing strategies and plans, data, business records, customer lists; any and all information concerning the Business would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of the Business except to the extent that Seller or Purchaser, as applicable, can show that such information: (a) is generally available to and known by the public through no fault of Seller or Purchaser, as applicable, any of their affiliates, or their respective representatives; or (b) is lawfully acquired by Seller or the Purchaser, or their respective representatives from and after the Closing from sources which are not prohibited from disclosing such information by a legal, contractual, or fiduciary obligation. If Seller or the Purchaser, as applicable, or their respective representatives are compelled to disclose to any information by governmental order or law, Seller or Purchaser, as applicable, shall promptly notify, if permissible, the other Party in writing and shall disclose only that portion of such information which the disclosing Party considers is legally required to be disclosed. Seller and Purchaser, as applicable, shall use commercially reasonable efforts to obtain as promptly as possible an appropriate protective order or other reasonable assurance that confidential (“Confidential Information”). Disclosure of treatment will be accorded such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”)information. 11.2 Neither Party will disclose 9.2 The Parties shall not make any public announcement or issue any press release or respond to any enquiry from the existence of press or terms of other media concerning or relating to this Agreement or any of the transactions contemplated by this Agreement or its subject matter or any discussions or transactions engaged in hereunder between the Parties without ancillary matter except with the prior written permission approval of the other, except that a other Party may disclose (such terms approval not to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned delayed or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior made subject to any such disclosure unreasonable conditions) or if, and to the recipient extent, required by law or governmental, regulatory or other authority. 9.3 Notwithstanding anything to the contrary contained in this Agreement, the obligations in this Section 9 will survive expiry or termination for any reason of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAthis Agreement.

Confidentiality and Non-Disclosure. 11.1 It may become necessary (a) The Employee shall hold in strict confidence and shall not, either during the course of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms term of this Agreement or after the termination hereof, disclose, directly or indirectly, to any third party, person, firm, corporation or other entity, irrespective of any discussions whether such person or transactions entity is a competitor of the Company or is engaged in hereunder between the Parties without the prior written permission a business similar to that of the otherCompany, except that a Party may disclose such terms to any trade secrets or other proprietary or confidential information of the Company or any subsidiary or affiliate (ias defined in Section 11) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or the Company obtained by the rules of civil procedure Employee ---------- from or through his employment hereunder. The Employee hereby acknowledges and agrees that all proprietary information referred to in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party Section 12 shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all be ---------- deemed trade secrets of the assets Company and of Intellon; its subsidiaries and (vi) upon receipt of prior written authorization affiliates, as defined in Section 11, and that the Employee shall take such steps, undertake ---------- such actions and refrain from Intel (which may stipulate that certain taking such other actions, as mandated by the provisions hereof and by the provisions of the Agreement Virginia Uniform Trade Secret Act. Employee further acknowledges that the Company's products and titles consist of copyrighted material, and Employee shall exercise his best efforts to prevent the use of such copyrighted material by any person or entity which has not prior thereto been authorized to use such information by the Company. (b) The Employee further hereby agrees and acknowledges that any disclosure of any proprietary information prohibited herein, or any breach of the provisions of Sections 4 or 11 of this Agreement, may result in irreparable ---------- -- injury and damage to the Company which will not be disclosed)adequately compensable in monetary damages, which in that the Company will have no instance shall adequate remedy at law therefor, and that the Company may obtain such authorization preliminary, temporary or permanent mandatory or restraining injunctions, orders or decrees as may be unreasonably withheldnecessary to protect the company against, conditioned or delayedon account of, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure breach by the recipient Employee of the disclosure is bound provisions contained in Sections 4, 11 or 12. The Employee shall reimburse the ---------- -- -- reasonable legal fees and other costs incurred by the Company in enforcing the provisions of Sections 4, 11 and 12 of this Agreement. ---------- -- -- (c) The Employee further agrees that, upon termination of this Agreement, whether voluntary or involuntary or with or without cause, the Employee shall notify any new employer, partner, associate or any other firm or corporation with whom the Employee shall become associated in any capacity whatsoever of the provisions of this Section 12, and that the Company may give such notice to hold the information under confidentiality restrictions similar in force to those provided in the CNDAsuch ---------- firm, corporation or other person.

Confidentiality and Non-Disclosure. 11.1 It As part of this agreement, OCFS-HSCC may become necessary during be provided with access to confidential information that may include but is not limited to personal, private or sensitive information (such as social security numbers or home addresses), information pertaining to an individual’s medical condition, and information specifically identified as trade secret or commercially sensitive. • All information provided by CUSTOMER AGENCY to OCFS-HSCC pursuant to this agreement shall be considered confidential and subject to all applicable laws, rules and regulations regarding the limitation on the disclosure of confidential information. This information shall not be disclosed unless authorized by law, court order, rule or regulation. • OCFS-HSCC will safeguard all confidential information it receives in connection with this Agreement. Procedures for access and transmission of data between CUSTOMER AGENCY and OCFS-HSCC systems will be subject to the review and approval of the Information Security Officers of both parties. OCFS-HSCC will remind its employees of their responsibilities with respect to confidential data received in the course of this Agreement performing their duties. As appropriate, OCFS-HSCC employees will be required to sign a statement that signifies that they have read and accepted the guidelines for one Party CUSTOMER AGENCY information security prior to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) obtaining access to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure confidential information. • OCFS-HSCC shall immediately inform CUSTOMER AGENCY in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) writing upon receipt of prior written authorization from Intel any legal, investigatory, or other mode or method of demand (which may stipulate including but not limited to FOIL or FOIA requests, electronic discovery, litigation holds, and discovery searches) for access to confidential information that certain provisions is not otherwise authorized under this SLA, and shall take and vigorously pursue all necessary legal action to prevent any disclosure including, but not limited to, moving to quash subpoenas issued for such information. OCFS-HSCC will keep CUSTOMER AGENCY’s General Counsel fully and timely notified of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence all developments related to a bona fide equity financing transactionsuch legal actions and their response thereto, so long asand provide appropriate, in all casesrobust legal assistance as may be required, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDA.as requested by CUSTOMER AGENCY. The notification shall be directed to: 0000 Xxxxxxxxxx Xxx, Xxxxxxxx 0, 0xx Xxxxx Xxxxxx, XX 00000

Confidentiality and Non-Disclosure. 11.1 It may become necessary during Each Partner agrees that ---------------------------------- each Bona Fide Offer, Offer Notice, Shopping Notice, Sale Notice, the course information contained in any of this Agreement for one Party the foregoing, and the fact that discussions or negotiations are taking place with respect to disclose to transactions which are the other information which subject thereof and the disclosing Party considers confidential (“Confidential Information”). Disclosure content of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 discussions or negotiations (the “CNDA”). 11.2 Neither Party will disclose "Confidential Transaction Information") received by it or any of its Representatives (as defined below) from any other Partner or any of the existence of or terms of this Agreement or Representatives of any discussions other Partner will be kept confidential by it, and will not be disclosed to any Person other than to such Partner's Representatives as permitted hereby or transactions engaged in hereunder between the Parties to one or more other Partners or their Representatives, without either the prior written permission consent of the other, except that Partner from which the same was received or as otherwise permitted by this Section 10.7.3. Confidential Transaction Information does not include information which is or becomes generally available to the public other than as a Party result of a disclosure by a Partner or its Representatives in violation of the provisions of this Section 10.7.3. A Partner may disclose such terms Confidential Transaction Information to its directors, officers, employees, attorneys, accountants, lenders and other advisors (ithe "Representatives") those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules Confidential Transaction Information, are advised of civil procedure in litigation pursuant to a protective order maintaining the confidentiality provisions of this informationSection 10.7.3 prior to disclosure of the Confidential Transaction Information to any of them, after giving no less than ten (10) business days notice and who agree prior to their receipt of the other Party; (iv) as required Confidential Transaction Information to comply with the disclosure obligations provisions of applicable securities laws, in which cases the disclosing Party this Section 10.7.3. Each Partner shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all be responsible for any breach of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of this Section 10.7.3 by any of its Representatives. Each Partner agrees that it shall use, and shall cause its Representatives to use, the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure Confidential Transaction Information solely for purposes of exercising the recipient rights of the disclosure is bound Partner under this Article X of this Agreement. Each Partner further agrees and acknowledges that a disclosing Partner shall be entitled to hold injunctive relief for a breach or threatened breach of the information under confidentiality restrictions similar in force to those provided in provisions of this Section 10.7.3 by any other Partner or the CNDARepresentatives of any other Partner.

Confidentiality and Non-Disclosure. 11.1 It 12.1. For the purpose of this Clause 12 (CONFIDENTIALITY AND NON-DISCLOSURE) of this agreement "receiving party" shall mean each of the Parties receiving the other's Confidential Information and "disclosing party" shall mean that Party disclosing its Confidential Information to the other(s). 12.2. The receiving party may become necessary during disclose Confidential Information of the course disclosing party only to its officers and employees which for the avoidance of doubt shall include: (i) in the case of the OFT, Treasury and DED ("the Government Bodies") the employees, Ministers, Department Members, Board Members, contractors and temporary staff of each or any of the Government Bodies; and (ii) in the case of Manx Gas the contractors and temporary staff of Manx Gas but then only such officers and employees to whom such disclosure is reasonably necessary, provided that such officers and employees agree in writing or through their contracts of employment or of appointment as the case may be to be bound by the terms and conditions of this Clause 12 (CONFIDENTIALITY AND NON- DISCLOSURE) of this Agreement for one Party prior to such disclosure. 12.3. The receiving party agrees: (a) not to disclose to the other information which Confidential Information of the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of party to any third party for any reason or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties purpose whatsoever without the prior written permission consent of the otherdisclosing party, except that a Party may disclose such terms save in accordance with the provisions of this Clause 12 (CONFIDENTIALITY AND NON-DISCLOSURE) of this Agreement; (b) not to (i) those employees utilise, employ, exploit or agents in any other manner whatsoever use Confidential Information of such Party who need the disclosing party for any purpose whatsoever other than strictly in relation to know such terms in order for such Party to perform its obligations under this Agreement; and (iic) that the unauthorised or unlawful use or disclosure of Confidential Information of the disclosing party may cause irreparable loss, harm and damage to such Party’s legal advisors the disclosing party. 12.4. The receiving party agrees to protect the Confidential Information by using at least the same standard of care used to safeguard its own information of a confidential nature and by taking all reasonable steps to prevent any unauthorised disclosure of Confidential Information of the disclosing party. 12.5. The obligations of the receiving party pursuant to this Clause 12 (CONFIDENTIALITY AND NON-DISCLOSURE) of this Agreement shall not apply to any information that is: (a) known to or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or in the possession of the receiving party prior to disclosure thereof by the rules of civil procedure in litigation disclosing party from another source and which the disclosing party is otherwise free to disclose; (b) or becomes publicly known, otherwise than pursuant to a protective breach of this Agreement by the receiving party; (c) acquired or developed independently of the disclosing party by the receiving party in circumstances that do not amount to a breach of the provisions of this Agreement; (d) disclosed by the receiving party to satisfy the order maintaining of a court in the Island or another country or to comply with provisions of any law or regulation in force from time to time, provided that in these circumstances, the receiving party shall, where legally permissible, advise the disclosing party in writing prior to such disclosure to enable the disclosing party to take whatever steps it deems necessary to protect its interest in this regard: Provided further that the receiving party will disclose only that portion of the information which it is legally required to disclose and the receiving party will use its reasonable endeavours to protect the confidentiality of this information, after giving no less than ten (10) business days notice such information to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, widest extent possible in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; or (ve) to bona fide potential acquirers as required in connection with due diligence related disclosed to a bona fide merger, consolidation, or sale of all or substantially all of third party pursuant to the assets of Intellon; and (vi) upon receipt of prior written authorization authorisation from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAdisclosing party.

Confidentiality and Non-Disclosure. 11.1 It a) Consultant acknowledges that Seafarer is a publicly traded company whose shares are traded on the Over-the-Counter Bulletin Board under the ticker symbol SFRX. Consultant has received or may become necessary during receive in the course of this Agreement for one Party to future material non-public information from Seafarer. Consultant agrees that he will hold in strict confidence and not disclose to any third parties any material non-public information received from Seafarer, except as approved in writing by the other CEO of Seafarer. Consultant additionally agrees that he will use the non-public information which that it receives from Seafarer for lawful purposes only. b) Consultant shall treat as confidential and will not ever disclose under any circumstances to any third party any information that he becomes aware of during his business relationship with Seafarer pertaining to but not capabilities, specifications, business strategies, information regarding existing and future technical, business and marketing plans and product strategies, passwords, and the disclosing Party considers confidential identity of actual and potential customers and suppliers (“hereinafter collectively referred to as "Confidential Information”"). Disclosure Confidential Information may be written, e-mail, hard copies of documents, oral, recorded, or contained on tape or on other electronic or mechanical media. c) Consultant represents and warrants that he will not disclose any Confidential Information whatsoever to any third party. Consultant will be deemed to have been in a fiduciary relationship of confidence with respect to the Confidential Information disclosed to its by Seafarer and Consultant shall hold the Confidential Information in strict confidence and will never disclose such Confidential Information to any third (3(d) party or to use it for any purpose other than as specifically authorized by Seafarer in writing. d) No copies of the Confidential Information shall be retained by Consultant Seafarer shall be deemed to be the owner of all Confidential Information e) Consultant specifically acknowledges that the unauthorized disclosure, use or disposition of such Confidential Information shall by any third party could cause irreparable harm and significant injury to Seafarer's business, which may be governed difficult to ascertain. Accordingly, in the event of any breach by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms Consultant of this Agreement or of any discussions or transactions engaged involving confidentiality then Consultant shall immediately be in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality violation of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations Agreement and shall be liable for an immediate imposition of applicable securities lawsan injunction against him, in which cases the disclosing Party addition to any other remedies that may be available to Seafarer at law or in equity f) Consultant shall endeavor to seek confidential protection indemnify and hold Seafarer completely harmless against any and all liability, actions, claims, demands, liens, losses, damages, judgments and expenses, including reasonable attorneys' fees that may arise from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, unauthorized disclosure or sale use of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDA.Confidential Information by Consultant

Confidentiality and Non-Disclosure. 11.1 It may become necessary Employee recognizes and acknowledges that during the Employment Period and while serving as a director he will have access to certain confidential information relating to the Company and its affiliates, including, but not limited to, operational policies, financial information, marketing information, personnel information, trade secrets, customer information (including customer lists), and pricing and cost policies, that are valuable, special and unique assets of the Company (collectively, "Confidential Information"). Employee agrees that he will not use or disclose such Confidential Information to any person, firm, corporation, association or other entity for any purpose or reason whatsoever, except as is required in the course of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in performing his duties hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to unless (i) those employees such information becomes known to the public generally through no breach by Employee of this covenant or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as disclosure is required by court order law or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as any governmental authority or is required in connection with due diligence related the defense of a lawsuit against the disclosing party, provided, that prior to disclosing any information pursuant to this clause (ii), Employee shall give prior written notice thereof to the Company and provide the Company with the opportunity to contest such disclosure. Employee agrees that for all three following mentioned periods, (i) during the Employment Period, and (ii) for a bona fide mergerperiod of twelve (12) months after the termination of his employment, consolidation, or sale of all or substantially all Employee will hold in a fiduciary capacity for the benefit of the assets of Intellon; Company, and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of shall not directly or indirectly use or disclose, except as authorized by the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors Company in connection with due diligence related the performance of Employee's duties, any Confidential Information, that Employee may have or may acquire (whether or not developed or compiled by Employee and whether or not Employee has been authorized to have access to such Confidential Information) during the term of this Agreement. The covenants contained in this Section 6 shall survive for the Employment Period and for a bona fide equity financing transactionperiod of twelve (12) months thereafter; provided, so long ashowever, that with respect to those items of Confidential Information which constitute trade secrets under applicable law, Employee's obligations of confidentiality and non-disclosure as set forth in all cases, prior this Section 6 shall continue to any such disclosure survive after the recipient applicable period above to the greatest extent permitted by applicable law. These rights of the disclosure is bound to hold the information under confidentiality restrictions similar Company are in force addition to those provided in rights the CNDACompany has under the common law or applicable statutes for the protection of trade secrets.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during 5.1 Except as noted elsewhere in Paragraph 5 of this Agreement, the course parties shall keep the terms and conditions of this Agreement completely and strictly confidential. Neither the terms nor conditions of this Agreement nor the fact of its existence shall be disclosed to any person or body. 5.2 The only exceptions to Paragraph 5.1 are as follows: 5.2.1 If the terms or conditions of this Agreement must be disclosed as required by law, regulation or stock exchange rules, or upon order of any court of competent jurisdiction in any action in which Xxxxxxxx or Interactive are parties, or Xxxxxxxx is subpoenaed as a witness, to agencies, individuals, or entities, including but not limited to state or federal employment or taxing entities; or 5.2.2 If the terms or conditions must be disclosed to Xxxxxxxx'x tax, legal or financial advisors, on the further condition that Xxxxxxxx advise such individuals in advance of disclosure that the terms and conditions of the Agreement are strictly confidential; or 5.2.3 If the terms or conditions of this Agreement must be disclosed in order to remedy a breach of any term or condition herein. 5.3 If disclosure is to be made pursuant to Paragraph 5.2.1, the party or the party's representative making the disclosure shall immediately, but in no event more than five (5) business days from receipt of a request or order for one Party such disclosure, and prior to disclose to any such disclosure, notify the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information party and shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will not produce or otherwise disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between unless and until the Parties without the prior nondisclosing party has given written permission of to do so, or the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor nondisclosing party has had an opportunity to seek confidential protection appropriate relief from a court or tribunal of competent jurisdiction. 5.4 The parties agree that Interactive shall be permitted to disclose the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions terms of the Agreement may to its directors, officers, attorneys, accountants or as otherwise expressly required or compelled by law, regulation or stock exchange rules. 5.5 Neither Xxxxxxxx nor the officers or members of the Board of Directors of Interactive shall speak disparagingly of the other regarding Xxxxxxxx'x directorship, employment or cessation of employment with Interactive or, on the other hand, regarding the business or operations of Interactive or any of its affiliates. 5.6 Performance under this Section 5 shall not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, a condition to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to the performance of any such disclosure the recipient obligation of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAInteractive hereunder.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during The SUPPLIER agrees that any confidential information disclosed by THGL by whatever means will be considered confidential and proprietary. SUPPLIER shall hold the course same in confidence, shall not use the same other than for the purpose of this Agreement for one Party General Terms & Conditions. 11.1 As used herein, "Confidential Information" refers to disclose any information proprietary and confidential in nature and is either (i) technical information, including patent, copyright, trade secret, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, source documents etc, and services of THGL, and/or (ii) non-technical information relating to the THGL’S products, including without limitation pricing, margins, merchandising plans and strategies, finances, financial and accounting data, shareholding data and information, business suppliers, customers, customer lists, purchasing data, sales and marketing plans, future business plans and any other information which the disclosing Party considers is proprietary and confidential (“Confidential Information”to THGL, and all/any information relating to subsidiaries, Affiliates, Group Company(ies). Disclosure , Associates etc of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19THGL including its Directors, 2002, Intel CNDA #2201641 (the “CNDA”)Promoters and Employees. 11.2 Neither Party SUPPLIER will disclose maintain in confidence and will not disclose, disseminate or use any Confidential Information belonging to THGL, whether or not in written form. SUPPLIER shall treat all Confidential Information of THGL with at least the existence same degree of or terms care as SUPPLIER accord its own confidential information. SUPPLIER further represents that it exercises at least reasonable care to protect its own confidential information. The confidential information be shared to only those of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those its employees or agents of such Party who need to know such terms in order for information and certifies that such Party to perform its obligations under this Agreement; (ii) employees have previously signed a similar General Terms & conditions with SUPPLIER. 11.3 Confidential Information shall be deemed proprietary and the SUPPLIER shall have no obligation with respect to such Party’s legal advisors or financial advisors or authorities information where the information: was known to SUPPLIER prior to receiving any of the Confidential Information from Discloser; has become publicly known through no wrongful act of SUPPLIER; was received by SUPPLIER without breach of these Terms from a third party without restriction as to the use and disclosure of the information; was independently developed by it without use of the Confidential Information. 11.4 Confidentiality obligations shall be valid for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality tenure of this information, after giving no less than ten (10) business days notice to General Terms & Conditions and shall survive the termination of any other Party; (iv) as required to comply with relationship between the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAparties.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during Tenant acknowledges that the course content of this Agreement Lease and any related documents are confidential and Tenant hereby agrees that Tenant and Tenant’s officers, directors and shareholders shall hold in confidence and not directly or indirectly disclose, reveal, report, publish or transfer any of the Confidential Information (as defined below) to any person or entity not associated with Tenant, not a director, officer, or shareholder of Tenant or not an accountant or attorney or space planning consultant of Tenant, or utilize any of the Confidential Information for one Party any purpose, except as approved in writing in advance by Landlord or as required by law, except that Tenant may disclose the Confidential Information if required by a court of competent jurisdiction; provided, however, that Tenant shall provide immediate notice of such request to Landlord and shall use reasonable efforts to resist disclosure, until an appropriate protective order may be sought, or a waiver of compliance with the provisions of this Lease granted. If, in the absence of a protective order or the receipt of a waiver under this Lease, Tenant is nonetheless, in the written opinion of its counsel, legally required to disclose any Confidential Information, then, in such event, Tenant may disclose such information without liability under this Lease, provided that Landlord has been given a reasonable opportunity to review the other information which text of such disclosure before it is made and that the disclosing Party considers confidential (disclosure is limited to only the Confidential Information specifically required to be disclosed. For purposes of this Section 37.19, the term “Confidential Information”)” shall mean (i) the terms and conditions of this Lease other than the fact of the lease of the Premises hereunder, (ii) all negotiations and discussions between Landlord and Tenant in furtherance of, related to or in connection with this Lease and (iii) all correspondence, notes, materials, reports or other documents relating to this Lease or any discussions or negotiations conducted in connection with this Lease. Disclosure of such Notwithstanding the foregoing, Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of not include information which is or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice becomes generally available to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDApublic.

Confidentiality and Non-Disclosure. 11.1 It may become NewTech agrees that any and all information in any form that is provided to NewTech or any of its representatives as part of this Agreement is provided and received in confidence, and NewTech, shall at all times preserve and protect the confidentiality of such information, and of any other proprietary or non-public information of or relating to Kmart or any of its related companies of which it or any of its representatives becomes aware or acquires during the performance of this Agreement (such information is hereinafter referred to as "CONFIDENTIAL INFORMATION". NewTech also agrees that it shall take all reasonable steps to ensure that such Confidential Information will not be disclosed to, or used by any person, association or entity except its own employees, and then only to the extent necessary during to permit it to perform this Agreement. Each of NewTech and Kmart agrees to keep the Minimum Product Orders, pricing, and Term of this Agreement (including rights of extension and termination) strictly confidential, except that each of NewTech and Kmart shall be permitted to disclose any and all information concerning the transactions contemplated hereby to the extent it is legally required to do so, whether under applicable securities laws or otherwise, PROVIDED, that NewTech will use its reasonable best efforts to file with the Securities and Exchange Commission or any other applicable regulator or court a request for confidential treatment of the pricing and other business terms set forth in this Agreement. In the course of performance of this Agreement for one Party Agreement, NewTech may disclose certain information to disclose Kmart which NewTech considers proprietary and confidential. In order to be considered as proprietary and confidential and, thus, subject to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19following restrictions, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission NewTech must comply with both of the other, except that a Party may disclose such terms following requirements prior to disclosure of the information: (i) those employees or agents the information must be clearly and conspicuously identified in writing as "PROPRIETARY AND CONFIDENTIAL INFORMATION OF NEWTECH"; and (ii) NewTech must limit its dissemination of such Party who the information to an authorized representative of Kmart (I.E., one listed on attached Exhibit E) with a need to know such terms information in order for such Party to perform its obligations under furtherance of the performance of this Agreement; Agreement (the "AUTHORIZED RECIPIENT") Provided NewTech has complied with (i) and (ii) above, the Authorized Recipient shall maintain the confidentiality of such information to such Party’s legal advisors the same extent Kmart protects its own proprietary information and shall not disclose it to anyone other than Kmart employees, agents and/or consultants with a need to know who shall also be subject to this restriction. Confidential Information shall not include information that a party can demonstrate by written evidence: (i) is in the public domain (provided that information in the public domain has not and does not come into the public domain as a result of the disclosure by the receiving party or financial advisors any of its Affiliates); (ii) is known to the receiving party or authorities for legal advice or tax or accounting purposesany of its Affiliates prior to the disclosure by the other party; or (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice becomes available to the party on a non-confidential basis from a source other Party; (iv) as required to comply with the disclosure obligations than an Affiliate of applicable securities laws, in which cases that party or the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAparty.

Confidentiality and Non-Disclosure. 11.1 It The Purchaser acknowledges and agrees: (a) that the information contained in this Agreement, including any documents obtained, received, delivered or produced in relation to this transaction from the Vendor, and any discussions between the Vendor and the Purchaser regarding the transaction contemplated herein, are strictly confidential (the "Confidential Information"); (b) that the Confidential Information received by the Purchaser or its representatives shall be used only for purposes of discussing and evaluating this transaction and for no other reason; (c) that the Confidential Information may become necessary during not be used by the course of this Agreement for one Party to disclose Purchaser or its representatives to the other detriment of the Vendor; (d) that the Purchaser shall take all reasonable steps to safeguard and protect Confidential Information disclosed by the Vendor from any theft, loss, unauthorized access, unauthorized use or disclosure and accord it at least the same degree of confidential and proprietary treatment as it gives its own confidential and proprietary information; (e) that information which contained in Confidential Information that becomes part of the disclosing Party considers confidential business records of the Purchaser as a result of notes, e-mail, correspondence and reports prepared by the Purchaser in connection with the subject discussions, need not be returned or destroyed, provided, however, the above limits on disclosure and use shall nonetheless fully apply to all such business records; (“f) that unless otherwise required by law, the Confidential Information received by the Purchaser shall only be disclosed to those of its representatives or advisors on a need-to-know basis and will notify such representatives who are provided any of the Confidential Information”). Disclosure , or who are involved in such discussions or evaluation, or who may otherwise have occasion to view, handle, or obtain any Confidential Information, of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or and their obligation to comply with each of them; (g) not to disclose any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the otherConfidential Information to any person, except firm or corporation whatsoever other than to their respective professional advisors and consultants for the purpose of assisting the Purchaser in considering this transaction. Prior to making such disclosure to any such advisor, the Purchaser shall inform such person of the confidential nature of the Confidential Information, shall direct such person to treat the Confidential Information as being in the strictest confidence and shall require such person to agree to treat the Confidential Information as such; (h) that a Party may disclose such terms the provisions set out in Sections 7.01(a) to (h) herein shall survive this Agreement and shall continue to be binding on the Purchaser if the transaction contemplated herein is not completed; and (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining event the confidentiality of this informationtransaction contemplated herein is not completed, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party Purchaser shall endeavor to seek confidential protection promptly return all Confidential Information received from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAVendor.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during Confidentiality of the course Terms of this Agreement. The terms of this Agreement that are not otherwise required to be disclosed to the FCC in support of the applications or notices submitted to the FCC will be kept strictly confidential by the Parties and their agents, which confidentiality obligation will survive the termination or expiration of this Agreement for one Party a period of two (2) years. The Parties may make disclosures as required by law (including as required or appropriate to disclose be disclosed by Licensee pursuant to state law and by SoniqWave Networks pursuant to the other information which Securities Act of 1933, as amended, the disclosing Party considers confidential Securities Exchange Act of 1934, as amended, or The Nasdaq Stock Market, Inc., including the related regulations and marketplace rules), and to employees, shareholders, agents, attorneys and accountants (collectively, “Confidential InformationAgents”). Disclosure of such Confidential Information shall be governed by ) as required to perform obligations under the terms of Agreement, provided, however, that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party Parties will disclose cause all Agents to honor the existence of or terms provisions of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the otherSection. In addition, except that a Party SoniqWave Networks may disclose such terms this Agreement to (i) those employees its affiliates, strategic partners, actual or agents of such Party who potential investors, lenders, acquirers, merger partners, and others whom SoniqWave Networks deems in good faith to have a need to know such terms in order information for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors purposes of pursuing a transaction or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply relationship with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transactionSoniqWave Networks, so long asas SoniqWave Networks secures an enforceable obligation from such third party to limit the use and disclosure of this Agreement as provided herein. To the extent Licensee is required to file this Agreement with the FCC, in the Licensee shall first notify and consult with SoniqWave Networks, and will to the extent permitted by the FCC redact all casesinformation from the Agreement which SoniqWave Networks reasonably designates as confidential including, prior but not limited to, all payment information. To the extent Licensee is required to any such disclosure disclose some or all of this Agreement by state law, the recipient of Licensee shall first notify and consult with SoniqWave Networks, and will to the disclosure is bound to hold extent permitted by state law redact all information from the information under confidentiality restrictions similar in force to those provided in the CNDAAgreement which SoniqWave Networks reasonably designates as confidential including, but not limited to, all payment information.

Confidentiality and Non-Disclosure. 11.1 It may become necessary (a) The Employee shall hold in strict confidence and shall not, either during the course of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms term of this Agreement or after the termination hereof, disclose, directly or indirectly, to any third party, person, firm, corporation or other entity, irrespective of any discussions whether such person or transactions entity is a competitor of the Company or is engaged in hereunder between the Parties without the prior written permission a business similar to that of the otherCompany, except that a Party may disclose such terms to any trade secrets or other proprietary or confidential information of the Company or any subsidiary or affiliate (ias defined in Section 9) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; the Company --------- (iicollectively, "Proprietary Information") to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or obtained by the rules of civil procedure in litigation pursuant Employee from or ----------------------- through his employment hereunder. Such Proprietary Information includes but is not limited to a protective order maintaining the confidentiality of this Inventions (as defined below), marketing plans, product plans, business strategies, financial information, after giving no less forecasts, personnel information and customer lists. The Employee hereby acknowledges and agrees that all Proprietary Information referred to in this Section 10 shall not be used for any purpose ---------- other than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party his duties hereunder and shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all be deemed trade secrets of the assets Company and of Intellon; its subsidiaries and (vi) upon receipt of prior written authorization affiliates, as defined in Section 9, and --------- and that the Employee shall take such steps, undertake such actions and refrain from Intel (which may stipulate that certain taking such other actions, as mandated by the provisions hereof and by the provisions of the Agreement Maryland Uniform Trade Secret Act. The Employee further acknowledges that the Company's products and titles consist of copyrighted material, and the Employee shall exercise his best efforts to prevent the use of such copyrighted material by any person or entity which has not prior thereto been authorized to use such information by the Company. (b) The Employee further hereby agrees and acknowledges that any disclosure of any Proprietary Information prohibited herein, or any breach of the provisions of Section 10 of this Agreement, may result in irreparable ---------- injury and damage to the Company which will not be disclosed)adequately compensable in monetary damages, which in that the Company will have no instance shall adequate remedy at law therefor, and that the Company may obtain such authorization preliminary, temporary or permanent mandatory or restraining injunctions, orders or decrees as may be unreasonably withheldnecessary to protect the company against, conditioned or delayedon account of, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure breach by the recipient Employee of the disclosure is bound provisions contained in Sections 10 or 11. ----------- -- (c) The Employee further agrees that, upon termination of this Agreement, whether voluntary or involuntary or with or without cause, the Employee shall notify any new employer, partner, associate or any other firm or corporation with whom the Employee shall become associated in any capacity whatsoever of the provisions of this Section 10, and that the Company may ---------- give such notice to hold the information under confidentiality restrictions similar in force to those provided in the CNDAsuch firm, corporation or other person.

Confidentiality and Non-Disclosure. 11.1 It 6.1. The Parties agree that when receiving Confidential Information from the disclosing Party, that the receiving Party shall hold it in confidence and shall not disclose or use such information except as permitted under the Agreement. The receiving Party shall treat the disclosing Party’s Confidential Information in the same manner as it treats its own proprietary and/or confidential information, which shall not be less than a reasonable standard of care, and Confidential Information only for the purposes described in the Agreement. Confidential Information may become necessary during be disclosed to receiving Party’s employees, agents, financial advisors, contractors and attorneys on a need-to know basis and the course receiving Party shall ensure that such persons maintain such Confidential Information pursuant to the terms of this Agreement for one the Agreement. 6.2. The receiving Party shall be permitted to disclose Confidential Information in connection with a judicial or administrative proceeding to the extent that such disclosure is required under applicable law or court order, provided that the receiving Party shall, where reasonably possible, give the disclosing Party prompt and timely written notice of any such proceeding and shall offer reasonable cooperation in any effort of the disclosing Party to obtain a protective order. 6.3. Confidential Information shall exclude: (i) information which the receiving Party has been authorized in writing by the disclosing Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreementrestriction; (ii) to such information which was rightfully in the receiving Party’s legal advisors possession or financial advisors or authorities for legal advice or tax or accounting purposesrightfully known to it prior to receipt of such information from the disclosing Party; (iii) as required information which was rightfully disclosed to the receiving Party by court order or by the rules a third Party having proper possession of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this such information, after giving no less than ten (10) business days notice to the other Partywithout restriction; (iv) as required to comply with information which is part of or enters the disclosure public domain without any breach of the obligations of applicable securities lawsconfidentiality by the receiving Party; and (v) information which is independently developed by the receiving Party without use or reference to the disclosing Party’s Confidential Information. 6.4. Nothing in the Agreement will (i) preclude PDNC from using the ideas, concepts and know-how which are developed in which cases the course of providing any PDNC Offerings to Client or (ii) be deemed to limit PDNC’s rights to provide similar PDNC Offerings to other Clients. Client agrees that PDNC may use any feedback provided by Client related to any PDNC Offering for any PDNC business 6.5. The receiving Party agrees, upon request of the disclosing party, to return to the disclosing Party shall endeavor all Confidential Information in its possession or certify the destruction thereof. 6.6. In the event of a breach of this section, the disclosing Party may not have an adequate remedy at law. The Parties therefore agree that the disclosing Party may be entitled to seek confidential protection the remedies of temporary and permanent injunction, specific performance or any other form of equitable relief deemed appropriate by a court of competent jurisdiction. For Confidential Information that constitutes a trade secret and for PDNC software (including code) and Documentation, the material terms of the Agreement, and Client's and/or PDNC’s Confidential Information expressly designated in writing as perpetually confidential, the obligations of this section are perpetual and shall survive termination. For all other Confidential Information, the foregoing obligations shall extend for five (5) years from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale date of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAinitial disclosure.

Confidentiality and Non-Disclosure. 11.1 It Xxxxxxxxxxxx acknowledges that Seafarer is a publicly traded company whose shares are traded on the Over-the-Counter Bulletin Board under the ticker symbol SFRX. Xxxxxxxxxxxx has received or may become necessary during receive in the course future material non-public information from Seafarer. In terms of this Agreement for one Party receiving material non-public information from Seafarer, Xxxxxxxxxxxx is subject to Regulation FD and any and all securities laws pertaining to xxxxxxx xxxxxxx. Xxxxxxxxxxxx agrees that it will hold in strict confidence and not disclose to any third (3rd) parties any material non-public information received from Seafarer. except as approved in writing by the other CEO of Seafarer. Xxxxxxxxxxxx additionally agrees that it will use the non-public information which that it receives from Seafarer for lawful purposes only. Xxxxxxxxxxxx shall treat as confidential and will not ever disclose under any circumstances to any third (3rd) party any information that it becomes aware of during its business relationship with Seafarer pertaining to but not limited to any and all of Seafarer's financial information, xxxx account information, access codes, investors, shareholder lists, shipwreck site(s), proprietary data, intellectual properties, agreements, capabilities, specifications, business strategies, information regarding existing and future technical, business and marketing plans and product strategies, passwords, and the disclosing Party considers confidential identity of actual and potential customers and suppliers (“hereinafter collectively referred to as "Confidential Information”"). Disclosure Confidential information may be written, e-mail, hard copies of documents, oral, recorded, or contained on tape or on other electronic or mechanical media. Xxxxxxxxxxxx represents and warrants that it will not disclose any Confidential Information whatsoever to any third (3rd) party. Xxxxxxxxxxxx will be deemed to have been in a fiduciary relationship of confidence with respect to the Confidential Information disclosed to its by Seafarer, and Xxxxxxxxxxxx shall hold the Confidential Information in strict confidence and will never disclose such Confidential Information to any third (3`d) party or to use it for any purpose other than as specifically authorized by Seafarer in writing. No copies of the Confidential Information shall be retained by Xxxxxxxxxxxx. Seafarer shall be deemed to be the owner of all Confidential 'Information. Xxxxxxxxxxxx specifically acknowledges that the unauthorized disclosure, use or disposition of such Confidential Information by any third could cause irreparable harm and significant injury to Seafarer's business which may be difficult to ascertain. Accordingly, Seafarer shall be governed by have the terms right to an immediate injunction in the event of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms any breach of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities lawsinvolving confidentiality, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior addition to any such disclosure the recipient of the disclosure is bound other remedies that may be available to hold the information under confidentiality restrictions similar Seafarer at law or in force to those provided in the CNDAequity.

Confidentiality and Non-Disclosure. 11.1 It Executive recognizes and acknowledges that he has had in the past, currently has and in the future may become necessary during have access to certain confidential information relating to the Company and its affiliates, including, but not limited to, operational policies, financial information, marketing information, personnel information, trade secrets, customer information (including customer lists), and pricing and cost policies, that are valuable, special and unique assets of the Company (collectively, "Confidential Information"). Executive agrees that he will not use or disclose such Confidential Information to any person, firm, corporation, association or other entity for any purpose or reason whatsoever, except as is required in the course of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in performing his duties hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to unless (i) those employees such information becomes known to the public generally through no breach by Executive of this covenant or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as disclosure is required by court order law or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as any governmental authority or is required in connection with due diligence related the defense of a lawsuit against the disclosing party, provided, that prior to disclosing any information pursuant to this clause (ii), Executive shall give prior written notice thereof to the Company and provide the Company with the opportunity to contest such disclosure. Executive agrees that, both during the Employment Period and after the termination of this Agreement, Executive will hold in a bona fide merger, consolidation, or sale of all or substantially all fiduciary capacity for the benefit of the assets of Intellon; Company, and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of shall not directly or indirectly use or disclose, except as authorized by the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors Company in connection with due diligence related the performance of Executive's duties, any Confidential Information, that Executive may have or may acquire (whether or not developed or compiled by Executive and whether or not Executive has been authorized to have access to such Confidential Information) during 3 the term of this Agreement. The covenants contained in this SECTION 6 shall survive for the Employment Period and for a bona fide equity financing transactionperiod of one (1) year thereafter; provided, so long ashowever, that with respect to those items of Confidential Information which constitute trade secrets under applicable law, Executive's obligations of confidentiality and non-disclosure as set forth in all cases, prior this SECTION 6 shall continue to any such disclosure survive after the recipient applicable period above to the greatest extent permitted by applicable law. These rights of the disclosure is bound to hold the information under confidentiality restrictions similar Company are in force addition to those provided in rights the CNDACompany has under the common law or applicable statutes for the protection of trade secrets.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during The Company is prepared to make available to GSS certain information concerning the course business, financial condition, operations, assets and liabilities of the Company in connection with the performance of its duties hereunder. As a condition to such information being furnished to GSS and its employees or agents, GSS agrees to treat any information concerning the Company (whether prepared by the Company, its advisors, investors or otherwise and irrespective of the form of communication) which is furnished to GSS or to its employees or agents now or in the future by or on behalf of the Company (herein collectively referred to as the “Evaluation Material”) in accordance with the provisions of this Agreement for one Party Agreement, and to disclose take or abstain from taking certain other actions hereinafter set forth. The term “Evaluation Material” also shall be deemed to include all notes, analyses, compilations, studies, interpretations or other documents prepared by GSS, its employees or agents which contain, reflect or are based upon, in whole or in part, the other information furnished to GSS, its employees or agents pursuant hereto. The term “Evaluation Material” does not include information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those is or becomes generally available to the public other than as a result of a disclosure by GSS, its employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; agents, or (ii) becomes available to GSS on a non-confidential basis from a source other than the Company (including without limitation any of the Company’s directors, officers, employees or agents), or any of its attorneys, accountants, investors, consultants, bankers and financial advisors (collectively, the “Representatives”), provided that such source is not bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality to the Company or any other party with respect to such Party’s legal advisors information. GSS hereby agrees that GSS, its employees and agents shall use the Evaluation Material solely for the purposes contemplated by this Agreement, that the Evaluation Material will be kept confidential and that GSS, its employees and agents will not disclose any of the Evaluation Material in any manner whatsoever; provided, however, that GSS may make any disclosure of such information to which the Company gives its prior written consent. However, the Company will not provide GSS or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days any GSS affiliate with any material non-public information without prior written notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon GSS will only accept receipt of prior written authorization from Intel (which may stipulate that certain provisions such material non-public information after the signing of a separate non-disclosure agreement between the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDACompany and GSS.

Confidentiality and Non-Disclosure. 11.1 It may become necessary 6.1 The Consultant hereby covenants, promises and agrees that it will be provided with confidential, proprietary and valuable information by the Company about its clients, properties, prospects and financial circumstances from time to time during the course currency of this Agreement, in order to permit the Consultant to properly, effectively and efficiently carry out its tasks, duties and activities hereunder. However, by providing such disclosure of Confidential Information to the Consultant, the Company relies on the Consultant to hold such information as confidential and only disclose the same to those parties, whether directors, officers, employees, agents, representatives or clients and contacts of the Consultant “who need to know”, in order that the Consultant can carry out the objects of this Agreement as provided for one Party to disclose herein and as communicated as between the Company and the Consultant during the term of this Agreement. Due to the other information nature of the relationship of the Consultant to the Company no more precise limitations can be placed on the Consultants use and disclosure of Confidential Information received from the Company pursuant hereto than as described herein. 6.2 The general nature of the Agreement between the Parties is that the Consultant will act on the Company’s behalf in the promotion of the Company’s interests. With the broad mandate and scope of this relationship the Company must rely on the fiduciary duty of good faith that the Consultant owes the Company as provided under this Agreement when the Company is making disclosure to the Consultant of Confidential Information about business opportunities and competitive advantages which the disclosing Party considers confidential Company has cultivated and developed. All Confidential Information disclosed to the Consultant is disclosed on the strict condition that the Consultant will not now or at any future time use such Confidential Information received from the Company hereunder in any manner inconsistent with the best interests of the Company, except with the express written permission of the Company. The result of these terms and conditions of disclosure of Confidential Information to the Consultant by the Company is that the Consultant will: (a) Only disclose such Confidential Information on a “need to know” basis, but it will be up to the Consultant’s reasonable discretion in acting on behalf of and in the best interests of the Company to determine what group or groups “need to know” about such information pursuant to the nature and scope of this Agreement; (b) The disclosure of Confidential Information from the Company to the Consultant further to the intents and purposes of this Agreement will prohibit the Consultant from directly or indirectly using the Confidential Information in a manner that is in conflict with or contrary to the best interests of the Company, except with the Company’s written consent; (c) The Consultant will not use Confidential Information in a manner that in the view of the Company would constitute a direct or indirect use for a purpose which is in competition with the best interests of the Company or would be a circumvention of the Company’s right or interest in a particular business opportunity. (d) The meaning of Confidential Information (herein called “Confidential Information”). Disclosure ) will include any information disclosed by the Company that is declared by the Company either verbally or in writing, depending on the means of communication of such Confidential Information shall be governed by the terms Company to the Consultant and do not apply to any of that certain separate Corporate Non-Disclosure Agreement dated September 19the following circumstances: (i) Information forming part of the public domain, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of which became such through no disclosure or terms breach of this Agreement or of any discussions or transactions engaged in hereunder between on the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; Consultant’s behalf; (ii) Information which the Consultant can independently prove was received from a Third Party, which was legally entitled to disclose such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; information; (iii) as required by court order Information which the Consultant is legally obligated to disclose in compliance with any applicable law, statute, regulation, order, ruling or by directive of an official, tribunal or agency which is binding on the rules Consultant, provided that the Consultant must also provide the Company with notice of civil procedure such disclosure at or before releasing or disclosing the Confidential Information to such official, tribunal or agency so that the Company is afforded an opportunity to file a written objection to such disclosure with such official, tribunal or agency. 6.3 The Consultant understands, acknowledges and agrees that the covenants to keep the Confidential Information confidential and not disclose it to Third Parties, except in litigation pursuant conformity with this Agreement, is necessary to protect the proprietary interests of Company in such Confidential Information and a protective order maintaining breach of these covenants would cause significant loss to the Company in regard to its competitive advantage, market opportunities and financial investment associated with protection of its Confidential Information. 6.4 The Consultant further understands, acknowledges and agrees that a breach of these covenants of confidentiality and non-disclosure will likely cause such irreparable harm to the Company that damages alone would be an inadequate remedy and the Consultant consents and agrees such equitable remedies including injunctive relief against any further breach which are reasonably justified in addition to any claim for damages based on a breach of the covenants of confidentiality and non-disclosure. 6.5 The parties mutually acknowledge, confirm and agree that the covenants of confidentiality and non-disclosure will survive termination of this information, after giving no less than ten (10) business days notice Agreement and will continue to bind the other Party; (iv) as required Consultant to comply with protect the disclosure obligations Company’s interest in such Confidential Information disclosed pursuant hereto for a period of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection two year from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale date of all or substantially all termination of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAthis Agreement.

Confidentiality and Non-Disclosure. 11.1 It may become necessary (a) The Consultant shall hold in strict confidence and shall not, either during the course of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms term of this Agreement or after the termination hereof, disclose, directly or indirectly, to any third party, person, firm, corporation or other entity, irrespective of any discussions whether such person or transactions entity is a competitor of the Company or is engaged in hereunder between the Parties without the prior written permission a business similar to that of the otherCompany, except any trade secrets or other proprietary or confidential information of the Company or any subsidiary or affiliate (as defined in Section 9) of the Company obtained by --------- the Consultant from or through his employment hereunder. The Consultant hereby acknowledges and agrees that a Party may disclose all proprietary information referred to in this Section 10 shall be deemed trade secrets of the Company and of its subsidiaries ----------- and affiliates, as defined in Section 9, and that the Consultant shall take such terms to (i) those employees or agents of --------- steps, undertake such Party who need to know actions and refrain from taking such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) other actions, as required by court order or mandated by the rules of civil procedure in litigation pursuant to a protective order maintaining provisions hereof and by the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement Virginia Uniform Trade Secret Act. Consultant further acknowledges that the Company's products and titles consist of copyrighted material, and Consultant shall exercise his best efforts to prevent the use of such copyrighted material by any person or entity which has not prior thereto been authorized to use such information by the Company. (b) The Consultant further hereby agrees and acknowledges that any disclosure of any proprietary information prohibited herein, or any breach of the provisions of Sections 4 or 9 of this Agreement, may result in irreparable ----------- - injury and damage to the Company which will not be disclosed)adequately compensable in monetary damages, which in that the Company will have no instance shall adequate remedy at law therefor, and that the Company may obtain such authorization preliminary, temporary or permanent mandatory or restraining injunctions, orders or decrees as may be unreasonably withheldnecessary to protect the company against, conditioned or delayedon account of, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure breach by the recipient Consultant of the disclosure is bound provisions contained in Sections 4, 9 or 10. ---------- - -- (c) Company may give such notice to hold the information under confidentiality restrictions similar in force to those provided in the CNDAsuch firm, corporation or other person.

Confidentiality and Non-Disclosure. 11.1 It may become necessary Executive recognizes and acknowledges that during the Employment Period he will have access to certain confidential information relating to the Company and its affiliates, including, but not limited to, operational policies, financial information, marketing information, personnel information, trade secrets, customer information (including customer lists), and pricing and cost policies, that are valuable, special and unique assets of the Company (collectively, "Confidential Information"). Executive agrees that he will not use or disclose such Confidential Information to any person, firm, corporation, association or other entity for any purpose or reason whatsoever, except as is required in the course of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in performing his duties hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to unless (i) those employees such information becomes known to the public generally through no breach by Executive of this covenant or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as disclosure is required by court order law or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as any governmental authority or is required in connection with due diligence related the defense of a lawsuit against the disclosing party, provided, that prior to disclosing any information pursuant to this clause (ii), Executive shall give prior written notice thereof to the Company and provide the Company with the opportunity to contest such disclosure. Executive agrees that, both during the Employment Period and for a bona fide mergerperiod of twelve (12) months after the termination of this Agreement, consolidation, or sale of all or substantially all Executive will hold in a fiduciary capacity for the benefit of the assets of Intellon; Company, and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of shall not directly or indirectly use or disclose, except as authorized by the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors Company in connection with due diligence related the performance of Executive's duties, any Confidential Information, that Executive may have or may acquire (whether or not developed or compiled by Executive and whether or not Executive has been authorized to have access to such Confidential Information) during the term of this Agreement. The covenants contained in this SECTION 6 shall survive for the Employment Period and for a bona fide equity financing transactionperiod of twelve (12) months thereafter; provided, so long ashowever, that with respect to those items of Confidential Information which constitute trade secrets under applicable law, Executive's obligations of confidentiality and non-disclosure as set forth in all cases, prior this SECTION 6 shall continue to any such disclosure survive after the recipient applicable period above to the greatest extent permitted by applicable law. These rights of the disclosure is bound to hold the information under confidentiality restrictions similar Company are in force addition to those provided in rights the CNDACompany has under the common law or applicable statutes for the protection of trade secrets.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during 7.1 Any press release issued by the course Seller or the Purchaser and their respective Affiliates shall be mutually agreed upon by Purchaser and Seller. No announcement regarding any of the terms and the existence of this Agreement for one Party in a press release, conference, advertisement, announcement, professional or trade publication, mass marketing materials or otherwise to the general public may be made without the prior written consent of the Seller and the Purchaser, which consent shall not be unreasonably withheld. 7.2 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall be permitted to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure this Agreement dated September 19(a) in any filing with the Bankruptcy Court in order to seek approval of this Agreement or the Sale Order, 2002(b) in any filings the Parties are required to make with any governmental agency or authority, Intel CNDA #2201641 including, without limitation, the United States Securities and Exchange Commission, the Shenzhen Stock Exchange and China Securities Regulatory Commission, or (the “CNDA”)c) as otherwise required by applicable law as provided in Section 7.4 hereof. 11.2 Neither Party will 7.3 Notwithstanding the foregoing, any party may disclose any of the terms of this Agreement to its current or bona fide prospective investors, employees, investment bankers, lenders, partners, accountants and attorneys, in each case only where such Persons are under appropriate nondisclosure obligations. In addition to and without limiting the generality of the foregoing, Seller shall be entitled to disclose the terms of this Agreement in connection with any filings with the Bankruptcy Court, to any prospective bidder for the Target Shares (but only in accordance with the terms of this Agreement and the Bidding Procedures Order), and Seller’s auditors, counsel, directors, officers, employees, shareholders or investors. 7.4 In the event that any party is requested or becomes legally compelled (including without limitation, pursuant to securities Laws) to disclose the existence of or any of the terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission contravention of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality provisions of this informationSection 7, after giving no less than ten (10) business days notice to such party shall notify the other Party; (iv) as required to comply with . 7.5 The provisions of this Section 7 shall be in addition to, and not in substitution for, the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the non-disclosure agreement executed by the Seller and the Purchaser with respect to the transactions contemplated hereby (the “NDA”). To the extent there is any conflict between the NDA and this Agreement, the terms of this Agreement may not shall govern. 7.6 All notices required under this Agreement shall be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, made pursuant to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient Section 11 of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAthis Agreement.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during Each Partner agrees that each Bona Fide Offer, Offer Notice, Shopping Notice, Sale Notice, the course information contained in any of this Agreement for one Party the foregoing, and the fact that discussions or negotiations are taking place with respect to disclose to transactions which are the other information which subject thereof and the disclosing Party considers confidential (“Confidential Information”). Disclosure content of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 discussions or negotiations (the “CNDAConfidential Transaction Information”). 11.2 Neither Party will disclose ) received by it or any of its Representatives (as defined below) from any other Partner or any of the existence of or terms of this Agreement or Representatives of any discussions other Partner will be kept confidential by it, and will not be disclosed to any Person other than to such Partner’s Representatives as permitted hereby or transactions engaged in hereunder between the Parties to one or more other Partners or their Representatives, without either the prior written permission consent of the other, except that Partner from which the same was received or as otherwise permitted by this Section 10.7.3. Confidential Transaction Information does not include information which is or becomes generally available to the public other than as a Party result of a disclosure by a Partner or its Representatives in violation of the provisions of this Section 10.7.3. A Partner may disclose such terms Confidential Transaction Information to its directors, officers, employees, attorneys, accountants, lenders and other advisors (ithe “Representatives”) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules Confidential Transaction Information, are advised of civil procedure in litigation pursuant to a protective order maintaining the confidentiality provisions of this informationSection 10.7.3 prior to disclosure of the Confidential Transaction Information to any of them, after giving no less than ten (10) business days notice and who agree prior to their receipt of the other Party; (iv) as required Confidential Transaction Information to comply with the disclosure obligations provisions of applicable securities laws, in which cases the disclosing Party this Section 10.7.3. Each Partner shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all be responsible for any breach of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of this Section 10.7.3 by any of its Representatives. Each Partner agrees that it shall use, and shall cause its Representatives to use, the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure Confidential Transaction Information solely for purposes of exercising the recipient rights of the disclosure is bound Partner under this Article X of this Agreement. Each Partner further agrees and acknowledges that a disclosing Partner shall be entitled to hold injunctive relief for a breach or threatened breach of the information under confidentiality restrictions similar in force to those provided in provisions of this Section 10.7.3 by any other Partner or the CNDARepresentatives of any other Partner.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during (A) CONFIDENTIALITY OF THE TERMS OF THIS AGREEMENT. The terms of this Agreement that are not otherwise required to be disclosed to the course FCC will be kept strictly confidential by the Parties and their Agents, which confidentiality obligation will survive the termination or expiration of this Agreement for a period of two (2) years. The Parties may make disclosures as required by Law or judicial process, and to members of their boards of directors and advisory boards, employees, shareholders, agents, attorneys and accountants (collectively, "AGENTS") as required to perform their obligations under the Agreement; provided, however, that the Parties will cause all Agents to honor the provisions of this Section 15(a). At the request of one Party to disclose to Party, the other information which the disclosing Party considers confidential (“Confidential Information”)will support an application to a court of competent jurisdiction to enjoin any disclosure and to maintain such confidentiality. Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will Clearwire may disclose the existence of or terms of this Agreement to its Affiliates, strategic partners, actual or of any discussions or transactions engaged potential investors, lenders, acquirers, merger partners, and others whom Clearwire deems in hereunder between the Parties without the prior written permission of the other, except that good faith to have a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order information for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors purposes of pursuing a transaction or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply relationship with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transactionClearwire, so long asas Clearwire secures an enforceable obligation from all such third parties to limit the use and disclosure of this Agreement as provided herein. Licensee and [***] may disclose the terms of this Agreement to their respective Affiliates, in all casesto possible successors to the interests of Licensee or [***], prior and to any lenders, solely for purposes of pursuing a transaction or formal relationship with Licensee or [***] as the case may be, so long as Licensee or [***] secures an enforceable obligation from such third parties to limit the use and disclosure of this Agreement as provided herein. Licensee may also disclose the recipient [*** Confidential Treatment Requested] existence and duration of the disclosure is bound exclusivity rights and ROFR in Section 4 of this Agreement. The Parties will submit a confidentiality request to hold the FCC if the FCC seeks from the Parties a copy of this Agreement or any other confidential information under confidentiality restrictions similar in force to those provided in the CNDAregarding its terms.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during 10.1 Subject to clause 10.3, each Party shall hold the course other's Confidential Information in confidence and not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of this Agreement for one Agreement. 10.2 Each Party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement. 10.3 A Party may disclose the other Party’s Confidential Information: 10.3.1 to those of its and its Affiliates’ directors, officers, employees, agents, contractors and professional advisors who reasonably require knowledge of the relevant information in order to properly carry out their functions provided that, in each case, the relevant person shall be bound by obligations of confidentiality in relation to such information which are reasonably equivalent to those contained in this Agreement; and/or 10.3.2 to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of extent such Confidential Information shall is required to be governed disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the terms extent it is legally permitted to do so, it gives the other Party as much notice of that certain separate Corporate Non-Disclosure Agreement dated September 19such disclosure as possible and, 2002where notice of disclosure is not prohibited and is given in accordance with this clause 10.3, Intel CNDA #2201641 (it takes into account the “CNDA”)reasonable requests of the other Party in relation to the content of such disclosure. 11.2 Neither Party will disclose 10.4 The Customer acknowledges that details of the existence of Services, Products and Deliverables, constitute NTT DATA’s Confidential Information. 10.5 The Customer shall not make, or terms permit any person to make, any public announcement concerning this Agreement without NTT DATA’s prior written consent, except to the extent required pursuant to clause 10.3.2. 10.6 The above provisions of this Agreement or clause 10 shall survive termination of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAhowever arising.

Confidentiality and Non-Disclosure. 11.1 It (a) Unless prior written consent is obtained from the disclosing party, the receiving party agrees (i) to use commercially reasonable efforts to safeguard any Proprietary Information in its possession from unauthorized disclosure; and (ii) to keep all Proprietary Information confidential and not to disclose or reveal in any manner whatsoever any Proprietary Information other than (A) to its beneficial owners and each of its and their respective affiliates, officers, directors, employees, advisors, administrators, agents or other representatives (each, a “Representative” and together “Representatives”) who have been advised by the non-disclosing party that such information is confidential, (B) as may become be required to be included in any report, statement or testimony required to be submitted to any governmental or regulatory body having jurisdiction over the non-disclosing party or applicable Representative, (C) as may be required in response to any summons or subpoena or in connection with any litigation, (D) to the extent necessary during the course in order to comply with any law, order, regulation or ruling applicable to such non-disclosing party or applicable Representative or (E) as may be required in connection with an audit by any taxing authority. (b) The non-disclosing party agrees that any disclosure by its Representatives that would constitute a breach of this Agreement if such disclosure had been made by the non-disclosing party shall be deemed a breach of this Agreement by the non-disclosing party. The Feeder Fund shall ensure that its administrator agrees to be bound by confidentiality and non-disclosure obligations at least as restrictive as the terms and conditions set forth in this Section prior to receiving any Proprietary Information. (c) Notwithstanding the provisions of this Section 4.5, the Master Fund acknowledges that the Feeder Fund and its Representatives may disclose the following Proprietary Information without restriction: (i) the name and address of the Master Fund and any Investment Fund (as such term is defined in the Partnership Agreement); (ii) the percentage of the Interests held by the Feeder Fund; (iii) the amount of distributions that have been made to the Feeder Fund by the Master Fund, including with respect to any particular Investment Fund; and (iv) such tax information with respect to the Master Fund as is reasonably necessary to enable the Feeder Fund’s direct and indirect beneficial owners to file tax returns and reports and apply for exemptions from, or refunds of, taxes paid or withheld. (d) The parties shall work in good faith to develop a mutually satisfactory script to be utilized in communicating with their respective investors and a joint communications plan to address press inquiries and communications with the public concerning the Contemplated Transactions (as such term is defined in the Purchase and Sale Agreement). (e) For the purposes of this Section 4.5, “Proprietary Information” means all proprietary or confidential information provided by one Party to disclose party to the other information which party in connection with; (i) the disclosing Party considers confidential conduct of due diligence in respect of the Contemplated Transactions, including, without limitation, projections and financial analyses; (“Confidential Information”)ii) the ongoing management and administration of the Feeder Fund after consummation of the Contemplated Transactions; and (iii) the ongoing business operations of the Master Fund or the Investment Funds. Disclosure of such Confidential Proprietary Information shall be governed by also includes the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms substance of this Agreement and the other transaction documents entered into in connection with the Contemplated Transactions. Proprietary Information does not include information that: (iv) is or becomes generally available to the public other than as a result of any discussions a disclosure by a party or transactions engaged its Representatives that would be an unlawful disclosure in hereunder between the Parties without the prior written permission violation of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (iiv) was available to such Party’s legal advisors a party or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or its Representatives on a non-confidential basis prior to its disclosure by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Partyparty or its Representatives; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related becomes available to a bona fide equity financing transaction, so long as, party or its Representatives on a non-confidential basis from a person other than the other party or its Representatives who is not known (nor should be known) by the receiving party to be bound by non-disclosure obligations concerning such information; or (vii) is or becomes available to the Feeder Fund or its Representatives by virtue of an investment by the Feeder Fund or any of its Representatives in all cases, prior to any such disclosure a Investment Fund (other than through the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAMaster Fund).

Confidentiality and Non-Disclosure. 11.1 It may become necessary during the course (a) The terms and conditions of this Agreement for one Agreement, Restructuring Documents and the other Transaction Documents, any term sheet or memorandum of understanding entered into in connection with the transactions contemplated hereby, all exhibits and schedules attached hereto and thereto, the transactions contemplated hereby and thereby, including their existence, and all information furnished by any Party hereto and by representatives of such Party to disclose to any other Party hereof or any of the other information which representatives of such Parties (collectively, the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information , shall be governed considered confidential information and shall not be disclosed by any Party hereto to any third party except in accordance with the terms provisions set forth below. The obligations of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (each Party hereto under this Section 10.10 shall survive and continue to be binding upon such Party after the “CNDA”)termination of this Agreement. 11.2 Neither Party will disclose (b) Notwithstanding the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between foregoing, the Parties without Company and the prior written permission of the other, except that a Party Investors may disclose such terms to (i) those employees the Confidential Information to its current or agents bona fide prospective investor, Affiliates of such Party the Company and the Investors and their respective directors, officers, employees, bankers, lenders, accountants, legal counsels, business partners or representatives or advisors who need to know such terms information, in each case only where such persons or entities are informed of the confidential nature of the Confidential Information and are under appropriate nondisclosure obligations substantially similar to those set forth in this Section 10.10, (ii) such Confidential Information as is required to be disclosed pursuant to routine examination requests from Governmental Authorities with authority to regulate such Party’s operations, in each case as such Party deems appropriate in its sole discretion, and (iii) the Confidential Information to any Person to which disclosure is approved in writing by the other Parties hereto. Any Party hereto may also provide disclosure in order for to comply with applicable Laws, as set forth in Section 10.10(c) below. (c) Except as set forth in Section 10.10(b) above, in the event that any Party is requested or becomes legally compelled (including pursuant to any applicable Tax, securities, or other Laws and regulations of any jurisdiction or the rules of any stock exchange) to disclose any Confidential Information, such Party (the “Disclosing Party”) shall, to perform its the extent legally permitted and reasonably possible, provide the other Parties hereto with prompt written notice of that fact and consult with the other Parties hereto regarding such disclosure. At the request of the other Parties, the Disclosing Party shall, to the extent reasonably possible and with the cooperation and reasonable efforts of the other Parties, seek a protective order, confidential treatment or other appropriate remedy. In any event, the Disclosing Party shall furnish only that portion of the information that is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be accorded to such information. (d) Notwithstanding any other provision of this Section 10.10, the confidentiality obligations under this Agreementof the Parties shall not apply to: (i) information which a Party learns from a third party which the receiving Party reasonably believes to have the right to make the disclosure, provided the receiving Party complies with any restrictions imposed by the third party; (ii) to such information which is rightfully in the receiving Party’s legal advisors possession prior to the time of disclosure by the Disclosing Party and not acquired by the receiving Party under a confidentiality obligation; or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or information which enters the public domain without breach of confidentiality by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other receiving Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDA.

Confidentiality and Non-Disclosure. 11.1 It (a) Each Party may become necessary during the course of this Agreement have a proprietary interest or other need for one Party to disclose confidentiality in information that may be furnished to the other information which the disclosing Party considers confidential pursuant to this Agreement (“Confidential Information”). Disclosure The Party disclosing such information shall be referred to in this section as the “Disclosing Party,” and the Party receiving such information shall be referred to as the ”Receiving Party.” (b) The Receiving Party will hold in confidence and, without the consent of such the Disclosing Party, will not use, reproduce, distribute, transmit, or disclose, directly or indirectly, the Confidential Information shall be governed of the Disclosing Party except as permitted herein. The Receiving Party may only disclose the Confidential Information to its officers, directors, employees, professional advisors and independent contractors and consultants with a direct need to know the information for the implementation or exercise of rights and/or performance of obligations under or arising from this Contract, provided that such persons/entities (other than officers, directors and employees) are bound by written confidentiality agreements with terms and conditions that are no less restrictive than those contained in this section. Without limiting the terms foregoing, the Receiving Party agrees that it will exercise at least the same standard of that certain separate Corporate Non-Disclosure Agreement dated September 19care in protecting the confidentiality of the Disclosing Party’s Confidential Information as it does with its own Confidential Information of a similar nature, 2002but in any event, Intel CNDA #2201641 (the “CNDA”)no less than reasonable care. 11.2 Neither Party will disclose the existence of or terms (c) Confidential Information for purposes of this Agreement or of any discussions or transactions engaged in hereunder between Contract shall not include information if and only to the Parties without extent that the prior written permission of Receiving Party establishes that the other, except that a Party may disclose such terms to information: (i) those employees is or agents becomes a part of such Party who need to know such terms in order for such Party to perform its obligations under this Agreementthe public domain through no act or omission of the Receiving Party; (ii) to such was in the Receiving Party’s legal advisors lawful possession prior to the disclosure and had not been obtained by the Receiving Party either directly or financial advisors indirectly from the Disclosing Party; or authorities for legal advice or tax or accounting purposes; (iii) as required is lawfully disclosed to the Receiving Party by court order or a third party without restriction on disclosure. Confidential Information may also be disclosed by the rules of civil procedure in litigation Receiving Party pursuant to a protective requirement of a governmental agency, regulatory body or by operation of law, provided that the recipient shall disclose only that part of the Confidential Information that it is required to disclose and shall notify the Disclosing Party prior to such disclosure in a timely fashion in order maintaining to permit the Disclosing Party to lawfully attempt to prevent or restrict such disclosure should it so elect, and shall take all other reasonable and lawful measures to ensure the continued confidential treatment of the same by the party to which the Confidential Information is disclosed. (d) Any provision herein to the contrary notwithstanding, the Companies may disclose Confidential Information to the Commission, the Consumer Advocate, and/or any other governmental regulatory agency with notice to, but without need of prior consent by Seller, provided that the Companies takes reasonable steps to obtain approval to submit the same under seal or under other procedures designed to preserve the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAConfidential Information.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during the course of this Agreement for one Party to disclose Except to the extent expressly provided in any written agreement between the parties hereto giving effect to a Possible Transaction, Information provided by on or behalf of a Disclosing Party (other information which than analyses prepared by the disclosing Party considers confidential (“Confidential Information”)Recipient and its Representatives, and only to the extent that those analyses do not contain or reflect Information provided by or on behalf of the Disclosing Party) shall be, and shall remain at all times, the property of the Disclosing Party. Disclosure of such Confidential Subject to Section 3, Information shall be governed kept confidential by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19Recipient and its Representatives and shall not, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission consent of the otherDisclosing Party: • be disclosed to any person (which shall be given its broadest meaning) by the Recipient or its Representatives in whole or in part, except other than for the Specified Purpose, or • be used by the Recipient or its Representatives, directly or indirectly, other than for the Specified Purpose. Without limiting the generality of the foregoing, the Recipient shall preclude disclosure by it and its Representatives to other parties (including possible lenders, other sources of financing, and acquirors of assets) that may participate in a Possible Transaction unless the Disclosing Party may disclose approves such terms disclosure in advance in writing, in its sole discretion. Each Recipient shall: • make Information available only to (i) those employees or agents of such Party its Representatives who need to know such terms in order have access to that Information for such Party the Specified Purpose, and only to perform the extent necessary for that purpose, • ensure that any of its obligations under this Agreement; (ii) affiliates or Representatives to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or whom Information is disclosed by the rules Recipient or its Representatives as permitted by this letter agreement are aware of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of that Information and also are bound by the same obligation of confidence as the Recipient with respect to that Information for the benefit of the Disclosing Party, • maintain a list of its Representatives to whom the Information has been delivered or disclosed, • be responsible for any breach of this informationletter agreement by any of its affiliates or Representatives, after giving no less • make all reasonable, necessary or appropriate efforts to safeguard Information from disclosure other than ten as permitted by this letter agreement, • not copy or store any Information without the prior written consent of the Disclosing Party (10) business days notice to other than by standard electronic back-up system and except for such copies and storage as may reasonably be required internally by the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required Recipient or its Representatives in connection with due diligence related to its consideration and evaluation of a bona fide mergerPossible Transaction), consolidationand • in the event of any breach of this letter agreement or any disclosure of Information by the Recipient or any of its Representatives other than as permitted by this letter agreement (accidentally, inadvertently or sale of all or substantially all otherwise), notify the Disclosing Party (first orally and then in writing) of the assets nature of Intellon; and (vi) the breach or disclosure promptly upon receipt discovery of the breach or disclosure by the Recipient. Without the prior written authorization from Intel (which may stipulate that certain provisions consent of the Agreement may not be disclosed)HudBay, which in no instance shall such authorization not be unreasonably withheld, conditioned none of Augusta or delayedany of its Representatives will approach, correspond with, talk to or contact in any other manner any Representative, creditor, shareholder, customer or supplier of HudBay or its affiliates (other than the Chief Executive Officer, Senior Vice President, Development, and Senior Vice President and General Counsel of HudBay) concerning this letter agreement, any Possible Transaction or the fact that this letter agreement exists or that a Possible Transaction is being explored. Similarly, without the prior written consent of Augusta, which shall not be unreasonably withheld, none of HudBay or any of its Representatives will approach, correspond with, talk to or contact in any other manner any Representative, creditor, shareholder, customer or supplier of Augusta or its affiliates (other than the Chief Executive Officer or Chief Financial Officer, of Augusta) concerning this letter agreement, any Possible Transaction or the fact that this letter agreement exists or that a Possible Transaction is being explored. In addition to the obligations of confidentiality provided in this letter agreement, to bona fide prospective investors in connection the extent that any Information disclosed hereunder is personal information of an identifiable individual, subject to protection under applicable privacy legislation, HudBay and Augusta shall each comply with, and shall provide commercially reasonable co-operation to each other with due diligence related respect to, compliance with the privacy legislation to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure which each is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAsubject.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during Each Party shall keep all information and other materials passing between it and the course other Parties in relation to or arising from the transactions contemplated by this Agreement, as well as the existence and the terms and conditions of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDAInformation”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties ) confidential and shall not, without the prior written permission consent of the otherother Parties, except that a Party may disclose such terms divulge the Information to any other Person or use the Information other than for carrying out the purposes of this Agreement except: (i) those employees To the extent that such Information is in the public domain other than by breach of this Agreement; (ii) To the extent that such Information is required to be disclosed by any applicable Law or agents requested to be disclosed by any Governmental Authority to whose jurisdiction the 40 relevant Party (or where applicable, its Affiliates) is subject or with whose instructions it is customary to comply, provided that any Party proposing to make a disclosure as contemplated hereunder shall provide the other Parties with prompt written notice of such requirement so that any of such other Parties may seek a protective order or other remedy against such proposed disclosure. Further, in the event that such protective order or other remedy is not obtained within which such confidential information is to be legally furnished expires, the relevant Party who need making the disclosure shall only furnish such portion of such confidential information which is legally required to be provided and exercise its best efforts to obtain assurances that confidential treatment will be accorded to such information; (iii) To employees, directors or professional advisors of any Party on a need-to-know basis, subject to the disclosing Party informing such terms in order for persons of the confidential nature of such Information, and provided that such Party shall continue to perform maintain the confidential nature of such Information; (iv) To the extent that any information, similar to the Information, shall have been independently developed by a Party without reference to any Information furnished by any other Party hereto; (v) To the extent required by a Party for the enforcements of its rights and obligations under this Agreement; and (iivi) In respect of the Sellers and the Purchaser, to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this informationtheir respective direct and indirect shareholders, after giving no less than ten (10) business days notice to the limited partners, Affiliates, managers and other Party; (iv) as investors, including where required to comply with fund reporting obligations, provided that such Persons are subject to customary confidentiality obligations in respect of the disclosure obligations of applicable securities lawsInformation. 11.2 No formal or informal public announcement or press release, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities makes reference to the fullest extent allowable terms and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, conditions of this Agreement or sale of all or substantially all any of the assets of Intellon; and (vi) upon receipt of prior matters referred to herein, shall be made or issued without the written authorization from Intel (which may stipulate that certain provisions consent of the Agreement may not be disclosed)Purchaser, which in no instance shall such authorization be unreasonably withheldthe Seller 1, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure Company and the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAPromoter.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during By requesting or using any Service, you agree and acknowledge that we will use reasonable efforts to hold in confidence all confidential information received by us in connection with the course use of this Agreement for one Party any Service. However, confidential information shall not be deemed to disclose to the other include any information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those employees is or agents becomes generally available to the public other than as a result of such Party who need to know such terms in order for such Party to perform its obligations under this Agreementa disclosure by us; (ii) is or becomes available to us on a non- confidential basis by a third party that rightfully possesses the confidential information and has the legal right to make such Party’s legal advisors disclosure; or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as is required to be disclosed by a court order of competent jurisdiction, administrative agency or governmental body or by law, rule or regulation or by subpoena or other legal process. Furthermore, you acknowledge and agree that confidential information will be disclosed to certain employees, agents, and third-party independent contractors or Vendors as necessary to provide the rules of civil procedure in litigation pursuant Services set forth above. You agree to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice hold confidential and to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required use only in connection with due diligence related this Service all information furnished to a bona fide mergeryou by Bank or third parties from whom Bank has secured the right to use the Service, consolidationincluding, but not limited to, Bank's system design, programming techniques or sale of all other unique techniques. In addition, should you at any time receive or substantially all acquire any information relating to another customer of the assets Bank, you shall promptly return such information to Bank and not reveal such information to any other party and shall not make use of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate such information for your own benefit. You agree that certain provisions of any specifications or programs developed by the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors Bank in connection with due diligence related this Agreement are the exclusive property of Bank, its agents, suppliers, or contractors, and further agrees that such material shall not be copied or used in any manner or for any purpose with the express written consent of Bank. Notwithstanding anything to a bona fide equity financing transactionthe contrary contained herein, so long as, in all cases, prior to any such disclosure it is acknowledged and agreed by the recipient parties hereto that the performance of the Service is or might be subject to regulations and examination by authorized representatives of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and/or a State regulatory agency and you agree to the release of your reports, information, assurances, or other data as may be required by them under applicable laws and regulations. This confidentiality and non- disclosure is bound to hold clause shall survive the information under confidentiality restrictions similar in force to those provided in the CNDAtermination of this Agreement.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during Each Party shall keep all information and other materials passing between it and the course other Parties in relation to or arising from the transactions contemplated by this Agreement, as well as the existence and the terms and conditions of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDAInformation”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties ) confidential and shall not, without the prior written permission consent of the otherother Parties, except that a Party may disclose such terms divulge the Information to any other Person or use the Information other than for carrying out the purposes of this Agreement except: (i) those employees To the extent that such Information is in the public domain other than by breach of this Agreement; (ii) To the extent that such Information is required to be disclosed by any applicable Law or agents requested to be disclosed by any Governmental Authority to whose jurisdiction the relevant Party (or where applicable, its Affiliates) is subject or with whose instructions it is customary to comply, provided that any Party proposing to make a disclosure as contemplated hereunder shall provide the other Parties with prompt written notice of such requirement so that any of such other Parties may seek a protective order or other remedy against such proposed disclosure. Further, in the event that such protective order or other remedy is not obtained within which such confidential information is to be legally furnished expires, the relevant Party who need making the disclosure shall only furnish such portion of such confidential information which is legally required to be provided and exercise its best efforts to obtain assurances that confidential treatment will be accorded to such information; (iii) To employees, directors or professional advisors of any Party on a need-to-know basis, subject to the disclosing Party informing such terms in order for persons of the confidential nature of such Information, and provided that such Party shall continue to perform maintain the confidential nature of such Information; (iv) To the extent that any information, similar to the Information, shall have been independently developed by a Party without reference to any Information furnished by any other Party hereto; (v) To the extent required by a Party for the enforcements of its rights and obligations under this Agreement; and (iivi) In respect of the Sellers and the Purchaser, to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this informationtheir respective direct and indirect shareholders, after giving no less than ten (10) business days notice to the limited partners, Affiliates, managers and other Party; (iv) as investors, including where required to comply with fund reporting obligations, provided that such Persons are subject to customary confidentiality obligations in respect of the disclosure obligations of applicable securities lawsInformation. 11.2 No formal or informal public announcement or press release, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities makes reference to the fullest extent allowable terms and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, conditions of this Agreement or sale of all or substantially all any of the assets of Intellon; and (vi) upon receipt of prior matters referred to herein, shall be made or issued without the written authorization from Intel (which may stipulate that certain provisions consent of the Agreement may not be disclosed)Purchaser, which in no instance shall such authorization be unreasonably withheldthe Seller 1, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure Company and the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAPromoter.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during 10.1 The Licencee acknowledges that the course Licensor owns and/or controls certain information and trade secrets relating to the SGT which is confidential and which affords the Licensor an advantage over its competitors which do not have such information. For the purposes of this Agreement for one Party Licence Agreement, information required to disclose be maintained secret is defined to be all SGT Technical Confidential Information and any information related thereto and to the SGT Technical Confidential Information which is disclosed by Licensor to Licencee pursuant to this Licence Agreement or by any other information which means at any other time. 10.2 All SGT Technical Confidential Information disclosed pursuant to this Licence Agreement by Licensor shall remain the disclosing Party considers property of Licensor and shall be kept confidential by Licencee. 10.3 Licencee undertakes that Licencee: 10.3.1 Will not publish, reproduce, or disclose the SGT Technical Confidential Information to any third party (“Confidential Information”). Disclosure including without limitation to any contractor, affiliate, agent, or customer) without the prior written consent of Licensor, such agreement not to be unreasonably withheld; 10.3.2 Will limit access to such Confidential Information shall to Licencee’s employees and professional advisors that are directly involved in the Licenced Facility or the Project and will be governed responsible for any breach by such persons; 10.3.3 Will not use the terms SGT Technical Confidential Information for any purposes other than the purposes of that certain separate Corporate this Licence Agreement; 10.3.4 Will employ the same degree of care in protecting the SGT Technical Confidential Information as it employs in protecting its own confidential information of similar importance, but not less than a reasonable degree of care; 10.3.5 Without limiting the foregoing, will not copy any SGT Technical Confidential Information, except as may be required for the purpose of this Licence Agreement or the Project, and will store such SGT Technical Confidential Information in a secure place; and / or 10.3.6 Will not disclose in any manner to any person or concern and will not use, except pursuant to this Licence Agreement, any of the SGT Technical Confidential Information. The Licencee may however disclose the SGT Technical Confidential Information subject to the receiving party entering into a Non-Disclosure Agreement dated September 19with the Licencee no less restrictive than this Licence agreement with respect to Intellectual Property and Confidentiality; 10.3.7 to the Project Company, 2002and to Licencee’s employees and professional advisors that are directly involved in the Licenced Facility; 10.3.8 to any shareholder or potential shareholder or potential financier or purchaser of the whole or any part of any assets of, Intel CNDA #2201641 (units in, shares in, or interest in, the “CNDA”)Licenced Facility, the Licencee or the Project Company. 11.2 Neither Party will disclose 10.4 Licencee hereby agrees to indemnify and hold harmless Licensor against any demonstrated material liability or demonstrated material loss resulting from unauthorized disclosure or use of the existence SGT Technical Confidential Information by itself, its agents, or its Affiliates, to whom the Confidential Information is disclosed pursuant to this Licence Agreement. No indemnity payments hereunder shall relieve Licencee from liability under applicable patent, copyright or trade secrets laws, nor shall such payments constitute a grant or continuation of or terms of this Agreement or a grant of any discussions express or transactions engaged in hereunder between implied Licence or covenant not to xxx under any patents, copyrights or trade secrets of Licensor. 10.5 In the Parties without the prior written permission event that Licencee is required to disclose all or any part of the otherSGT Technical Confidential Information by law, except that a Party may disclose such terms to regulation, subpoena or court order, Licencee agrees (i) those employees or agents to notify Licensor immediately of any such Party who need to know such terms in order for such Party to perform its obligations under this Agreementrequirement; (ii) to consult with Licensor and Licencee shall use reasonable endeavours to take appropriate measures to avoid such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; disclosure, and (iii) as required by court order if such disclosure is required, to seek or by attempt to narrow the rules scope and extent of civil procedure in litigation pursuant such disclosure. If the disclosure becomes unavoidable, Licencee shall send to Licensor a protective order maintaining copy of the confidentiality disclosed SGT Technical Confidential Information coincidental with the transmission of this information, after giving no less than ten (10) business days notice the SGT Technical Confidential Information to the relevant government agency. 10.6 Upon learning of the possible misuse or misappropriation of the SGT Technical Confidential Information or any other Party; (iv) as required confidential information accruing to comply Licensor by a third party, Licencee shall inform Licensor of that fact, and shall supply Licensor with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor any evidence available to seek confidential protection from the subject securities regulation authorities it pertaining to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, possible misuse or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAmisappropriation.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during (a) Each Investor acknowledges that the course of information received by it pursuant to this Agreement for one Party to disclose to the other is confidential and that it will only use such confidential information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission its evaluation of the otherdecisions it faces by virtue of being a stockholder of the Company, except provided, however, that a Party an Investor may disclose such terms to confidential information (i) those employees or agents of such Party who need to know such terms its attorneys, accountants, consultants, and other professionals to the extent necessary to obtain their services in order for such Party to perform connection with monitoring its obligations under this Agreementinvestment in the Company; (ii) to any prospective purchaser of any Registrable Securities from such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; Investor, if such prospective purchaser agrees to be bound by the provisions of this Section 2.3 (iii) as required by court order to any existing or by prospective affiliate, partner, member, stockholder, or wholly owned subsidiary of such Investor in the rules ordinary course of civil procedure in litigation pursuant business, provide that such Investor informs such affiliate, partner, member, stockholder or wholly owned subsidiary that such information is confidential and such affiliate, partner, member, stockholder or wholly owned subsidiary agrees to a protective order maintaining maintain the confidentiality of this such information, after giving no less than ten (10) business days notice to the other Party; or (iv) as may otherwise be required by law, provided that the Investor promptly notifies the Company of such disclosure and takes reasonable steps to comply with minimize the disclosure obligations extent of applicable securities lawsany such required disclosure. Each Investor agrees that in any event, it shall not use such confidential information in which cases violation of the disclosing Party Exchange Act. Each Investor may include summary financial information concerning the Company and general statements concerning the nature and progress of the Company’s business in an Investor’s reports to its limited partners and affiliates. Each Investor shall endeavor to seek confidential protection from the subject securities regulation authorities be liable to the fullest Company for any violation of this Section 2.3. by any related person. (b) Except as otherwise required by law, the Company may disclose to third parties the identity of an Investor as an investor in or interested party to the Company, but the Company shall not publicly disclose any information concerning such Investor’s ownership amounts or percentages or the terms of any Investor’s investment in the Company, other than to prospective investors (and the Company’s stockholders to the extent allowable necessary or appropriate), prospective acquirors who are under a duty of confidentiality, governmental agencies and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide mergerlike, consolidation, or sale of all or substantially all of without the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions consent of the Agreement may not be disclosed)such Investor, which in no instance consent shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAat that Investor’s sole discretion.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during 5.1 Each party acknowledges that, in the course of this Agreement for one Party to disclose performing their respective obligations hereunder, they shall be receiving information which is proprietary and confidential to the other information disclosing party and which the disclosing Party considers confidential party wishes to protect from public disclosure (“Confidential "Proprietary Information”"). Disclosure For purposes of such Confidential Information this Article V, Netplex and TDS shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”)considered a single party. 11.2 Neither Party will 5.2 Proprietary Information as used herein includes without limitation all information disclosed at any time before, after or at the time of execution of this Agreement between the parties relating to the Software or the DSA Enhancements (including without limitation the source code and any specifications, designs, techniques or processes used in creating the Software); and any other confidential information or trade secrets that have been or shall be disclosed between the parties relating to their respective businesses, customers, products, marketing and sales plans, financial status, product development plan strategies and the like. For purposes of this Agreement, all Proprietary Information included in or related to the Software or the DSA Enhancements shall be treated as the Proprietary Information of TDS prior to the Closing and the Proprietary Information of XcelleNet from and after the Closing. 5.3 Without the express, prior written consent of the other party, in each case, each party (a) shall hold such Proprietary Information of the other party in confidence and not disclose it, except to its employees or representatives to whom disclosure is necessary to effect the existence purposes of this Agreement and who are similarly bound in writing to hold the Proprietary Information in confidence; (b) shall use its best efforts to prevent inadvertent or terms unauthorized disclosure; (c) shall not make any use of any Proprietary Information nor circulate Proprietary Information in its organization, except to the extent necessary to carry out the intent of this Agreement. 5.4 The parties shall take appropriate action by written agreement with their employees to satisfy their obligations under this Agreement with respect to use, copying, modification, protection and security of the Software and Proprietary Information. 5.5 Nothing in this Agreement shall be interpreted as placing any obligation of confidence and non-use on a party with respect to any Proprietary Information that (a) can be demonstrated to have been in the public domain as of the effective date of this Agreement or comes into the public domain during the term of the obligations of the parties pursuant to this Article V through no fault of such party; or (b) can he demonstrated by clear and convincing evidence to have been independently developed by such party; or (c) is rightfully received by such party from a third party not under an obligation of confidence to the other party hereto with respect thereto; or (d) is required by law to be disclosed. For purposes of this Section 5.5, from and after the Closing all Proprietary Information included in or related to the Software or the DSA Enhancements shall be deemed not to have been developed by or for Netplex or TDS and to have been received by Netplex and TDS only from XcelleNet. 5.6 In the event that either party is requested or compelled by court order, decree, subpoena or other legal process to disclose (or is advised in writing by its regular outside legal counsel that it is obligated under law, rule or regulation to disclose) any of the Proprietary Information of the other party, the party required to make such disclosure shall provide reasonably prompt notice (unless such notice is prohibited by law) to the party owning such Proprietary Information of any discussions such requirements so that the owning party may, at its option and expense, seek a protective order or transactions engaged other appropriate remedy. The party by whom disclosure is required agrees to cooperate with the owning party in hereunder between any such proceeding, at the Parties expense of the owning party; provided that the foregoing shall not be construed to require the party by whom disclosure is required to undertake litigation or other legal proceedings on its behalf. Regardless of whether such protective order or other appropriate remedy is obtained, the party by whom disclosure is required will only furnish that portion of the Proprietary Information of the owning party that it is required to disclose. 5.7 The terms and conditions of this Agreement shall be deemed to constitute Proprietary Information. Notwithstanding the preceding, Netplex or XcelleNet may disclose the terms and conditions of this Agreement, without obtaining the prior written permission consent of the otherother party, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure requirements of the Securities and Exchange Commission, or any other governmental entity, if the disclosing party's outside legal counsel advises that such disclosure is required. 5.8 Unless otherwise mutually agreed to in writing, the obligations of applicable securities laws, the parties contained in which cases the disclosing Party this Article V with respect to Proprietary Information shall endeavor to seek confidential protection terminate five (5) years from the subject securities regulation authorities date of this Agreement. With respect to all trade secrets included in the Proprietary Information, the obligations of the parties shall continue for so long as such information continues to qualify as a trade secret. 5.9 Further to facilitate the confidentiality provisions of this Article, each of the parties agrees that for a period of three years from the execution of this Agreement, it will not hire or attempt to hire any individual as an employee or a subcontractor who is or has been an employee of the other party for a period of at least 12 months from the date, of that employee's termination without the written consent of the former employer. 5.10 Each of the parties hereto acknowledges that its compliance with Article V hereof is necessary to protect the goodwill and other proprietary interests of the other. Each party acknowledges that a breach of Article V hereof will result in irreparable and continuing damage to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellonother party for which there will be no adequate remedy at law; and (vi) upon receipt of prior written authorization from Intel (which may stipulate each party agrees that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAevent of any breach of Article V, the other party and its successors and assigns shall be entitled to injunctive relief and such further relief as may be proper.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during the course (a) The terms and conditions of this Agreement for one and the other Series C Transaction Documents, any term sheet or memorandum of understanding entered into pursuant to the transactions contemplated hereby and thereby, all exhibits and schedules attached hereto and thereto and the transactions contemplated hereby and thereby (collectively, the “Financing Terms”), including their existence and all information of a confidential nature furnished by any Party hereto and by representatives of such Party to disclose to any other Party hereto or any of the other representatives of such Party shall be considered confidential information which (the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information ) and shall not be governed disclosed by any Party hereto to any third party except in accordance with the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”)provisions set forth below. 11.2 Neither (b) Except as required by law, by any Governmental Authority (including any relevant stock exchange on which the shares in a Party will disclose the existence or any of its parent companies is listed) or terms otherwise agreed by all of this Agreement or of any discussions or transactions engaged in hereunder between the Parties in writing, no announcement regarding any of the Financing Terms in a press release, conference, advertisement, announcement, professional or trade publication, mass marketing materials or otherwise to the general public may be made without the prior written permission consent of the otherInvestors. The final form of any press release issued by the Company shall be approved in advance in writing by the Investors. (c) Notwithstanding Section 8.9(a), except that a any Party may disclose such terms to (i) those employees the Confidential Information to its current or agents of such Party bona fide prospective investors, Affiliates and their respective investors, shareholders, partners, limited partners, general partners, fund managers, employees, bankers, lenders, accountants, legal counsels, business partners or representatives or advisors who need to know such terms information, in order for each case only where such Party Persons are informed of the confidential nature of the Confidential Information and are under appropriate nondisclosure obligations substantially similar to perform its obligations under those set forth in this Agreement; Section8.8, (ii) such Confidential Information as is required to be disclosed pursuant to routine examination requests from Governmental Authorities with authority to regulate such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; operations, in each case as such Party reasonably deems appropriate, and (iii) as required by court order or the Confidential Information to any Person to which disclosure is approved in writing by the rules of civil procedure other Parties hereto. Any Party hereto may also provide disclosure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with applicable Laws, as set forth in Section 8.9(d) below. (d) Except as set forth in Section 8.9(c) above, in the disclosure event that any Party is requested or becomes legally compelled (including pursuant to any applicable Tax, securities or other Laws of any jurisdiction) to disclose any Confidential Information, such Party (the “Disclosing Party”) shall provide the other Parties hereto with prompt written notice of that fact and shall consult with the other Parties hereto regarding such disclosure. At the request of the other Parties, the Disclosing Party shall, to the extent reasonably and legally possible and with the cooperation and reasonable efforts of the other Parties, seek a protective order, confidential treatment or other appropriate remedy for such Confidential Information. In any event, the Disclosing Party shall furnish only that portion of Confidential Information that is legally required and shall exercise reasonable efforts to obtain reliable assurance that confidential treatment will be accorded to such Confidential Information. (e) Notwithstanding any other provision of this Section8.8, the confidentiality obligations of applicable securities lawsa Party under this Agreement shall not apply to (i) information which such Party learns from a third party which, in such Party’s reasonable opinion, has the right to make the disclosure, provided such Party complies with any restrictions imposed by the third party, (ii) information which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities is rightfully in such Party’s possession prior to the fullest extent allowable time of disclosure by the relevant other Party and practicable not acquired by such Party under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; confidentiality obligation and (viiii) upon receipt information which enters the public domain through no breach of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall confidentiality by such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAParty.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during Dawiyat Integrated and the course OLO shall conclude a confidentiality agreement (refer to Annex K) as part of the service provision agreement. This will follow normal practice and provide for the non-disclosure of confidential information to third Parties except to the CITC and as provided for under the laws of the Kingdom. The Parties agree to keep in confidence any information (whether written or oral) of a confidential nature obtained under or in connection with this Agreement for one Party RO. The Parties agree not, without the written consent of the other Party, to disclose that information to any person other than: a) to the CITC; b) to any arbitrator or expert appointed under the Dispute Resolution Procedures; c) to an Emergency Services; d) their employees or professional advisors. A Licensed Operator may disclose the information, provided by the Other Licensed Operator to a third party, if the Disclosing Licensed Operator has the written consent of the Other Licensed Operator, only to the extent of that consent. Dawiyat Integrated and the OLO shall use their best endeavours to ensure that information, provided by one Licensed Operator to the other for the purposes of provision and take up of Wholesale Services, is made available only to the relevant staff within the receiving Licensed Operator’s company and shall not be made generally available within the Licensed Operator’s company. Notwithstanding any provision of this RO, Dawiyat Integrated or the OLO shall not be obliged to provide information which is subject to a confidentiality obligation to a third party unless Dawiyat Integrated or the disclosing Party considers confidential (“Confidential Information”). Disclosure OLO has the written consent of such Confidential Information third party. Dawiyat Integrated and the OLO shall be governed use their best endeavours, to the reasonable extent, so as to ensure that information disclosed is correct, to the best of their knowledge, at the time of provision of such information. Subject to clause 1.5.3, the Receiving Licensed Operator shall indemnify the Disclosing Licensed Operator and keep it indemnified against all liabilities, claims, damages, costs and expenses arising as a consequence of any failure by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required Receiving Licensed Operator to comply with any reasonable conditions imposed and expressly identified and notified to Receiving Licensed Operator, including those relating to confidentiality as per this section, by the disclosure obligations of applicable securities laws, in which cases Disclosing Licensed Operator at the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold time when the information under confidentiality restrictions similar was provided. These clauses will remain in force to those provided in effect for five (5) years after the CNDAtermination of an agreement between Dawiyat Integrated and the OLO.

Confidentiality and Non-Disclosure. 11.1 It may become necessary 5.1 The Consultant hereby covenants, promises and agrees that it will be provided with confidential, proprietary and valuable information by the Company about its clients, properties, prospects and financial circumstances from time to time during the course currency of this Agreement, in order to permit the Consultant to properly, effectively and efficiently carry out its tasks, duties and activities hereunder. However, by providing such disclosure of Confidential Information to the Consultant, the Company relies on the Consultant to hold such information as confidential and only disclose the same to those parties, whether directors, officers, employees, agents, representatives or clients and contacts of the Consultant “who need to know”, in order that the Consultant can carry out the objects of this Agreement as provided for one Party to disclose herein and as communicated as between the Company and the Consultant during the term of this Agreement. Due to the other information nature of the relationship of the Consultant to the Company no more precise limitations can be placed on the Consultants use and disclosure of Confidential Information received from the Company pursuant hereto than as described herein. 5.2 The general nature of the Agreement between the Parties is that the Consultant will act on the Company’s behalf in the promotion of the Company’s interests. With the broad mandate and scope of this relationship the Company must rely on the fiduciary duty of good faith that the Consultant owes the Company as provided under this Agreement when the Company is making disclosure to the Consultant of Confidential Information about business opportunities and competitive advantages which the disclosing Party considers confidential Company has cultivated and developed. All Confidential Information disclosed to the Consultant is disclosed on the strict condition that the Consultant will not now or at any future time use such Confidential Information received from the Company hereunder in any manner inconsistent with the best interests of the Company, except with the express written permission of the Company. The result of these terms and conditions of disclosure of Confidential Information to the Consultant by the Company is that the Consultant will: (a) Only disclose such Confidential Information on a “need to know” basis, but it will be up to the Consultant’s reasonable discretion in acting on behalf of and in the best interests of the Company to determine what group or groups “need to know” about such information pursuant to the nature and scope of this Agreement; (b) The disclosure of Confidential Information from the Company to the Consultant further to the intents and purposes of this Agreement will prohibit the Consultant from directly or indirectly using the Confidential Information in a manner that is in conflict with or contrary to the best interests of the Company, except with the Company’s written consent; (c) The Consultant will not use Confidential Information in a manner that in the view of the Company would constitute a direct or indirect use for a purpose which is in competition with the best interests of the Company or would be a circumvention of the Company’s right or interest in a particular business opportunity. (d) The meaning of Confidential Information (herein called “Confidential Information”). Disclosure ) will include any information disclosed by the Company that is declared by the Company either verbally or in writing, depending on the means of communication of such Confidential Information shall be governed by the terms Company to the Consultant and do not apply to any of that certain separate Corporate Non-Disclosure Agreement dated September 19the following circumstances: (i) Information forming part of the public domain, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of which became such through no disclosure or terms breach of this Agreement or of any discussions or transactions engaged in hereunder between on the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; Consultant’s behalf; (ii) Information which the Consultant can independently prove was received from a Third Party, which was legally entitled to disclose such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; information; (iii) as required by court order Information which the Consultant is legally obligated to disclose in compliance with any applicable law, statute, regulation, order, ruling or by directive of an official, tribunal or agency which is binding on the rules Consultant, provided that the Consultant must also provide the Company with notice of civil procedure such disclosure at or before releasing or disclosing the Confidential Information to such official, tribunal or agency so that the Company is afforded an opportunity to file a written objection to such disclosure with such official, tribunal or agency. 5.3 The Consultant understands, acknowledges and agrees that the covenants to keep the Confidential Information confidential and not disclose it to Third Parties, except in litigation pursuant conformity with this Agreement, is necessary to protect the proprietary interests of Company in such Confidential Information and a protective order maintaining breach of these covenants would cause significant loss to the Company in regard to its competitive advantage, market opportunities and financial investment associated with protection of its Confidential Information. 5.4 The Consultant further understands, acknowledges and agrees that a breach of these covenants of confidentiality and non-disclosure will likely cause such irreparable harm to the Company that damages alone would be an inadequate remedy and the Consultant consents and agrees such equitable remedies including injunctive relief against any further breach which are reasonably justified in addition to any claim for damages based on a breach of the covenants of confidentiality and non-disclosure. 5.5 The parties mutually acknowledge, confirm and agree that the covenants of confidentiality and non-disclosure will survive termination of this information, after giving no less than ten (10) business days notice Agreement and will continue to bind the other Party; (iv) as required Consultant to comply with protect the disclosure obligations Company’s interest in such Confidential Information disclosed pursuant hereto for a period of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection two year from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale date of all or substantially all termination of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAthis Agreement.

Confidentiality and Non-Disclosure. 11.1 It 2.1 E-IDCOT hereby acknowledges: 2.1.1 that it is vital to the commercial interests of the Proposed Tenant that E-IDCOT recognise the strictly secret and confidential nature, as well as the ownership by the Proposed Tenant, of the Confidential Information to which E-IDCOT may become necessary during have access or which the course of Proposed Tenant may disclose to E-IDCOT in connection with the application referred to herein; 2.1.2 that nothing contained in this Agreement shall be construed as granting to E- IDCOT any Intellectual Property Rights in or relating to the Confidential Information provided herein. 2.2 E-IDCOT hereby agrees: 2.2.1 to keep secret all Confidential Information made available to E-IDCOT in connection with the Application. 2.2.2 to keep secret and to make no use, except for one Party the specific purposes of the consideration of the application, and to take all necessary measures and precautions in order to maintain the confidential, proprietary and secret nature and character, of any or all Confidential Information that the Proposed Tenant may provide or furnish to E-IDCOT or disclose orally or in writing to E-IDCOT. Without limiting the generality of the foregoing, E-IDCOT agrees that it will not directly or indirectly disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure others, use for its own benefit or copy or make notes or records of such any Confidential Information shall be governed by that the terms of that certain separate Corporate NonProposed Tenant may provide or furnish to E-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”)IDCOT or disclose orally or in writing to E-IDCOT. 11.2 Neither Party will disclose the existence 2.2.4 to keep no copies, photocopies, drafts or any other form of or terms of this Agreement or reproduction of any discussions documents relating to the Confidential Information supplied, compiled or transactions engaged prepared by or for the Proposed Tenant or by or for E-IDCOT in hereunder between connection with the Parties without application, except with the prior written permission of the other, except that Proposed Tenant and to return to the Proposed Tenant all the above mentioned documents and copies thereof forthwith upon receipt of a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) written request to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or effect made by the rules Proposed Tenant; 2.3 In the event E-IDCOT becomes legally compelled by any Court of civil procedure in litigation pursuant Law to disclose any of the Confidential Information, E-IDCOT will furnish the Proposed Tenant with prompt written notice thereof so that the Proposed Tenant may seek a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the or other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, appropriate remedies prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAdisclosure.

Confidentiality and Non-Disclosure. 11.1 It may become necessary (a) The Employee shall hold in strict confidence and shall not, either during the course of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms Term of this Agreement or after the termination hereof, disclose, directly or indirectly, to any third party, person, firm, corporation or other entity, irrespective of any discussions whether such person or transactions entity is a competitor of the Company or is engaged in hereunder between the Parties without the prior written permission a business similar to that of the otherCompany, except that a Party may disclose such terms to (i) those employees any trade secrets or agents other proprietary or confidential information of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors the Company or financial advisors any subsidiary or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or affiliate of the Company obtained by the rules of civil procedure Employee from or through his employment hereunder. The Employee hereby acknowledges and agrees that all proprietary information referred to in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party Section 7 shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all be deemed trade --------- secrets of the assets Company and of Intellon; its subsidiaries and (vi) upon receipt of prior written authorization affiliates, and that the Employee shall take such steps, undertake such actions and refrain from Intel (which may stipulate that certain taking such other actions, as mandated by the provisions hereof and by the provisions of the Agreement Virginia Uniform Trade Secret Act. Employee further acknowledges that the Company's products and titles consist of copyrighted material, and Employee shall exercise his best efforts to prevent the use of such copyrighted material by any person or entity which has not prior thereto been authorized to use such information by the Company. (b) The Employee further hereby agrees and acknowledges that any disclosure of any proprietary information prohibited herein, or any breach of the provisions of Section 7 of this Agreement, may result in irreparable injury and ---------- damage to the Company which will not be disclosed)adequately compensable in monetary damages, which in that the Company will have no instance shall adequate remedy at law therefor, and that the Company may obtain such authorization preliminary, temporary or permanent mandatory or restraining injunctions, orders or decrees as may be unreasonably withheldnecessary to protect the company against, conditioned or delayedon account of, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure breach by the recipient Employee of the disclosure is bound provisions contained in Section 7. --------- (c) The Employee further agrees that, upon termination of this Agreement, whether voluntary or involuntary or with or without cause, the Employee shall notify any new employer, partner, associate or any other firm or corporation with whom the Employee shall become associated in any capacity whatsoever of the provisions of this Section 7, and that the Company may give such notice to hold the information under confidentiality restrictions similar in force to those provided in the CNDAsuch --------- firm, corporation or other person.

Confidentiality and Non-Disclosure. 11.1 It may a. All information and know-how that KTI in any way learns from United Therapeutics and all inventions, discoveries, materials, authorship, derivatives and results and proceeds which shall become necessary during the course property of this Agreement for one Party United Therapeutics pursuant to disclose Section 8 below, shall be deemed to be the other information which the disclosing Party considers confidential property of United Therapeutics (hereinafter “Confidential Information”). Disclosure of such KTI shall take all reasonable, necessary and appropriate security precautions to safeguard the Confidential Information from disclosure. KTI shall be governed use the Confidential Information only for the purpose of performing services hereunder, and shall not use the Confidential Information for the benefit of KTI or any other person or business in any manner directly or indirectly. KTI shall not use, disclose or make available to any third parties any Confidential Information received by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms of this Agreement or of any discussions or transactions engaged in hereunder between the Parties KTI without the prior written permission consent of United Therapeutics. b. KTI’s obligations of confidentiality and non-disclosure under this section shall not apply to the other, except extent that a Party may disclose KTI can demonstrate that such terms to confidential information: (i) those employees or agents of such Party who need was known to know such terms in order for such Party KTI prior to perform its obligations under this Agreementdisclosure; (ii) was not acquired directly or indirectly from United Therapeutics and which KTI lawfully had in his or her possession prior to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposesdisclosure; (iii) as required hereafter, through no act or omission by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this informationKTI, after giving no less than ten (10) business days notice becomes information generally available to the other Partypublic; (iv) as required corresponds in substance to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor information furnished to seek KTI on a non-confidential protection from the subject securities regulation authorities basis by any third party having a legal right to the fullest extent allowable and practicable under the circumstancesdo so; or (v) was required by law to bona fide potential acquirers as required be disclosed, which disclosure shall not be made prior to notice to United Therapeutics in connection with due diligence related order to a bona fide mergerpermit United Therapeutics to oppose such disclosure. c. KTI agrees to promptly return all Confidential Information provided under this Agreement, consolidationand any copies, reproductions, or sale descriptions thereof, to United Therapeutics upon request or upon expiration or termination of all this Agreement. d. The obligation to hold information confidential under this Section 7 of this Agreement shall remain in force for a period of four (4) years following expiration or substantially all termination of this Agreement, notwithstanding the earlier expiration or termination of this Agreement. e. KTI shall obtain written agreements with each KTI employee, consultant, agent or contractor prior to each such individual performing services on the Work that contains terms at least as stringent as the terms in the foregoing Sections 7(a)-(d) and expressly identifies United Therapeutics as an intended third party beneficiary of the assets of Intellon; employee’s confidentiality and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which non-disclosure obligations to KTI in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection accordance with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAthis Agreement.

Confidentiality and Non-Disclosure. 11.1 It (a) Each Party may become necessary during the course of this Agreement have a proprietary interest or other need for one Party to disclose confidentiality in information that may be furnished to the other information which the disclosing Party considers confidential pursuant to this Agreement (“Confidential Information”). Disclosure The Party disclosing such information shall be referred to in this section as the “Disclosing Party,” and the Party receiving such information shall be referred to as the ”Receiving Party.” (b) The Receiving Party will hold in confidence and, without the consent of such the Disclosing Party, will not use, reproduce, distribute, transmit, or disclose, directly or indirectly, the Confidential Information shall be governed of the Disclosing Party except as permitted herein. The Receiving Party may only disclose the Confidential Information to its officers, directors, employees, professional advisors and independent contractors and consultants with a direct need to know the information for the implementation or exercise of rights and/or performance of obligations under or arising from this Contract, provided that such persons/entities (other than officers, directors and employees) are bound by written confidentiality agreements with terms and conditions that are no less restrictive than those contained in this section. Without limiting the terms foregoing, the Receiving Party agrees that it will exercise at least the same standard of that certain separate Corporate Non-Disclosure Agreement dated September 19care in protecting the confidentiality of the Disclosing Party’s Confidential Information as it does with its own Confidential Information of a similar nature, 2002but in any event, Intel CNDA #2201641 (the “CNDA”)no less than reasonable care. 11.2 Neither Party will disclose the existence of or terms (c) Confidential Information for purposes of this Agreement or of any discussions or transactions engaged in hereunder between Contract shall not include information if and only to the Parties without extent that the prior written permission of Receiving Party establishes that the other, except that a Party may disclose such terms to information: (i) those employees is or agents becomes a part of such Party who need to know such terms in order for such Party to perform its obligations under this Agreementthe public domain through no act or omission of the Receiving Party; (ii) to such was in the Receiving Party’s legal advisors lawful possession prior to the disclosure and had not been obtained by the Receiving Party either directly or financial advisors indirectly from the Disclosing Party; or authorities for legal advice or tax or accounting purposes; (iii) as required is lawfully disclosed to the Receiving Party by court order or a third party without restriction on disclosure. Confidential Information may also be disclosed by the rules of civil procedure in litigation Receiving Party pursuant to a protective requirement of a governmental agency, regulatory body or by operation of law, provided that the recipient shall disclose only that part of the Confidential Information that it is required to disclose and shall notify the Disclosing Party prior to such disclosure in a timely fashion in order maintaining to permit the Disclosing Party to lawfully attempt to prevent or restrict such disclosure should it so elect, and shall take all other reasonable and lawful measures to ensure the continued confidential treatment of the same by the party to which the Confidential Information is disclosed. (d) Any provision herein to the contrary notwithstanding, the Companies may disclose Confidential Information to the Commission, the Consumer Advocate, and/or any other governmental regulatory agency with notice to, but without need of prior consent by SELLER, provided that the Companies takes reasonable steps to obtain approval to submit the same under seal or under other procedures designed to preserve the confidentiality of this information, after giving no less than ten the Confidential Information. (10e) business days notice to the other Party; (iv) as required to comply with the The confidentiality and non-disclosure obligations contained in this Section 17.9 shall remain in effect for a period of applicable securities lawsthree (3) years following the termination or earlier cancellation of this Contract; provided, however, that the confidentiality and non-disclosure obligations with respect to information concerning the Company’s generation, transmission and distribution systems shall remain in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAeffect indefinitely.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during 10.1 The Parties, their counsel (if any), and their representatives agree that both the course general existence, and specific terms, of this 2023 Settlement Agreement are, and shall remain at all times, strictly confidential, and that they shall not disclose any such matters to any third party. 10.2 In response to an inquiry regarding any of the matters contained in this 2023 Settlement Agreement, the only response that any of Diack, Pipe Doctor, Pipe Doctor IP, Pipe Doctor LLC, or any other related party or entity, may appropriately provide without breaching Paragraph 10.1 above shall be: “The matter has been consensually resolved.” 10.3 Notwithstanding the foregoing, the information herein may be disclosed: a. To the Parties’ respective counsel as necessary for one Party to disclose purposes of rendering legal advice, including but not limited to, enforcing or complying with this 2023 Settlement Agreement; or b. To the Parties’ accountants for purposes of compliance with any applicable tax laws; or c. To the extent disclosure is required by a government agency subpoena or by court order, subject to the other information which entry of a protective order or if no protective order is in place, subject to immediate notice being given to the non-disclosing Party considers confidential (“Confidential Information”). Disclosure party of any anticipated disclosure reasonably in advance of such Confidential Information shall be governed by disclosure so that the non-disclosing party may take any legal steps it deems necessary to protect the confidential information; or d. To an arbitration Tribunal, court, or social media platform as necessary to enforce the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”)this 2023 Settlement Agreement. 11.2 Neither Party will disclose 10.4 If the existence Pipe Doctor Parties or their representatives violate the confidentiality requirements set forth in Paragraphs 10.1, 10.2, or 10.3, subject to the notice and cure requirement of or terms of this Agreement or of any discussions or transactions engaged in hereunder between Paragraph 8.2 above, the Parties without the prior written permission of the other, except agree that this shall constitute a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations Default under this 2023 Settlement Agreement; (ii) , to such Party’s legal advisors which Navien shall be entitled to exercise, at its sole and exclusive discretion, any or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets remedies provided in Paragraphs 7 or 8 of Intellon; and (vi) upon receipt this 2023 Settlement Agreement. Notwithstanding the foregoing, the Parties further agree that any Party may seek equitable relief in the state or federal courts of prior written authorization from Intel (which may stipulate that certain provisions New York, New York to prevent any further breaches of the Agreement may not be disclosed)confidentiality requirements set forth in Paragraphs 10.1, which in no instance shall such authorization be unreasonably withheld10.2, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDA10.3.

Confidentiality and Non-Disclosure. 11.1 It may become necessary (a) The Employee shall hold in strict confidence and shall not, either during the course of this Agreement for one Party to disclose to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of such Confidential Information shall be governed by the terms of that certain separate Corporate Non-Disclosure Agreement dated September 19, 2002, Intel CNDA #2201641 (the “CNDA”). 11.2 Neither Party will disclose the existence of or terms term of this Agreement or after the termination hereof, disclose, directly or indirectly, to any third party, person, firm, corporation or other entity, irrespective of whether such person or entity is a competitor of the Company or is engaged in a business similar to that of the Company, any trade secrets or other proprietary or confidential information of the Company or any subsidiary or affiliate (as defined in Section 11) of the Company obtained by the Employee from or through his employment hereunder. The Employee hereby acknowledges and agrees that all proprietary information referred to in this Section 12 shall be deemed trade secrets of the Company and of its subsidiaries and affiliates, as defined in Section 11. Employee further acknowledges that the Company’s products and titles consist of copyrighted material, and Employee shall exercise his best efforts to prevent the use of such copyrighted material by any person or entity which has not prior thereto been authorized to use such information by the Company. (b) The Employee further hereby agrees and acknowledges that any disclosure of any discussions proprietary information prohibited herein, or transactions engaged in hereunder between the Parties without the prior written permission any breach of the otherprovisions of Sections 4 or 10 of this Agreement, except may result in irreparable injury and damage to the Company which will not be adequately compensable in monetary damages, that a Party the Company will have no adequate remedy at law therefor, and that the Company may disclose obtain such terms preliminary, temporary or permanent mandatory or restraining injunctions, orders or decrees as may be necessary to protect the company against, or on account of, any breach by the Employee of the provisions contained in Sections 5, 11 or 12 . The Employee shall reimburse the reasonable legal fees and other costs incurred by the Company in enforcing the provisions of Sections 5, 11 and 12 of this Agreement. (c) The Employee further agrees that, upon termination of this Agreement, whether voluntary or involuntary or with or without cause, the Employee shall notify any new employer, partner, associate or any other firm or corporation with whom the Employee shall become associated in any capacity whatsoever of the provisions of this Section 12, and that the Company may give such notice to such firm, corporation or other person. (d) Notwithstanding the foregoing limitations, the Employee shall not be required to keep confidential pursuant to this Section 12 any confidential or proprietary information that: (i) those employees is known or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; available through other lawful sources, not bound by a confidentiality agreement with the Employee, (ii) to such Party’s legal advisors is or financial advisors becomes publicly known or authorities for legal advice generally known in the industry through no fault of the Employee or tax his agents or accounting purposes; (iii) as is required by court order or by the rules of civil procedure in litigation to be disclosed pursuant to a protective order maintaining the confidentiality of this informationany statutes, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases rules, regulations, ordinances, codes, directives, writs, injunctions, decrees, judgments, and orders of any governmental body (provided the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of Company is given reasonable prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosednotice), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDA.

Confidentiality and Non-Disclosure. 11.1 It may become necessary during ‌ 10.1 Subject to clause 10.3, each Party shall hold the course other's Confidential Information in confidence and not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of this Agreement for one Agreement. 10.2 Each Party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement. 10.3 A Party may disclose the other Party’s Confidential Information:‌ 10.3.1 to those of its and its Affiliates’ directors, officers, employees, agents, contractors and professional advisors who reasonably require knowledge of the relevant information in order to properly carry out their functions provided that, in each case, the relevant person shall be bound by obligations of confidentiality in relation to such information which are reasonably equivalent to those contained in this Agreement; and/or 10.3.2 to the other information which the disclosing Party considers confidential (“Confidential Information”). Disclosure of extent such Confidential Information shall is required to be governed disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the terms extent it is legally permitted to do so, it gives the other Party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 10.3, it takes into account the reasonable requests of the other Party in relation to the content of such disclosure.‌ 10.4 The Customer acknowledges that certain separate Corporate Non-Disclosure Agreement dated September 19details of the Services, 2002Products and Deliverables, Intel CNDA #2201641 (the “CNDA”)constitute NTT DATA’s Confidential Information. 11.2 Neither Party will disclose 10.5 The Customer shall not make, or permit any person to make, any public announcement concerning this Agreement without NTT DATA’s prior written consent, except to the existence of or terms extent required pursuant to clause 10.3.2. 10.6 The above provisions of this Agreement or clause 10 shall survive termination of any discussions or transactions engaged in hereunder between the Parties without the prior written permission of the other, except that a Party may disclose such terms to (i) those employees or agents of such Party who need to know such terms in order for such Party to perform its obligations under this Agreement; (ii) to such Party’s legal advisors or financial advisors or authorities for legal advice or tax or accounting purposes; (iii) as required by court order or by the rules of civil procedure in litigation pursuant to a protective order maintaining the confidentiality of this information, after giving no less than ten (10) business days notice to the other Party; (iv) as required to comply with the disclosure obligations of applicable securities laws, in which cases the disclosing Party shall endeavor to seek confidential protection from the subject securities regulation authorities to the fullest extent allowable and practicable under the circumstances; (v) to bona fide potential acquirers as required in connection with due diligence related to a bona fide merger, consolidation, or sale of all or substantially all of the assets of Intellon; and (vi) upon receipt of prior written authorization from Intel (which may stipulate that certain provisions of the Agreement may not be disclosed), which in no instance shall such authorization be unreasonably withheld, conditioned or delayed, to bona fide prospective investors in connection with due diligence related to a bona fide equity financing transaction, so long as, in all cases, prior to any such disclosure the recipient of the disclosure is bound to hold the information under confidentiality restrictions similar in force to those provided in the CNDAhowever arising.