Common use of Confidentiality and Non-Use Obligations Clause in Contracts

Confidentiality and Non-Use Obligations. 12.1 ASLAN acknowledges that all the ALMIRALL Confidential Information is confidential and proprietary to ALMIRALL and agrees to (i) maintain such Confidential Information in confidence during the Term of this Agreement and for a period of […***…] thereafter and (ii) use and appropriately disclose such Confidential Information solely for the purpose of performing its obligations hereunder or to exercise the rights granted to it hereunder. ASLAN covenants that it shall not disclose any such Confidential Information except to its employees, agents or any other Person under its authorization; provided, that such employees, agents or Persons under its authorization who have access to such Confidential Information have been advised by ASLAN of ASLAN’s obligations under this Agreement, and are contractually (in writing) or legally bound by confidentiality and non-use obligations not less stringent than those set forth in this Agreement prior to any such disclosure. ASLAN shall be responsible to ALMIRALL for the compliance of such Persons with this Agreement. For its part, ALMIRALL agrees to maintain in confidence and not to use, during the Term of this Agreement and for a period of […***…] thereafter, ASLAN’s Confidential Information, provided that ALMIRALL retains the right to use and disclose any such ASLAN Confidential Information to a Thirty Party strictly on a need to know basis and directly in connection with the conduct of further development of products for topical use and/or for dermatology diseases and with the exercise any of ALMIRALL’s commercialization rights upon exercising the first negotiation right described in Section 2.5. 12.2 The confidentiality obligations and use restrictions set forth in Section 12.1 shall not apply to Confidential Information which: (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the receiving Party; (ii) is received from a Third Party on an unrestricted basis, where such Third Party is authorized to disclose the information; (iii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of the receiving Party in breach of this Agreement; or (iv) is required to be disclosed to a competent authority in accordance with a mandatory applicable Laws, in which case the disclosing Party shall promptly notify the other Party of such disclosure requirement to enable the other Party to seek a protective order or other form of confidential treatment for the information, and shall thereafter disclose only that portion of the information required to be disclosed in order to comply. ***Confidential Treatment Requested 12.3 ASLAN shall not use any ALMIRALL’s Confidential Information or any Confidential Information which is generated or discussed in the framework of the JSC, for any purpose other than in connection with the compliance of ASLAN’s obligations under this Agreement.

Confidentiality and Non-Use Obligations. 12.1 ASLAN acknowledges that all the ALMIRALL Confidential Information is confidential and proprietary to ALMIRALL and agrees to (ia) maintain such Confidential Information in confidence during During the Term of this Agreement and for a period five (5) years thereafter without regard to the means of […***…] thereafter and (ii) use and appropriately disclose such Confidential Information solely termination, neither Acuity nor Pathogenics shall use, for any purpose other than the purpose purposes of performing its obligations hereunder or to exercise the rights granted to it hereunder. ASLAN covenants that it shall not disclose any such Confidential Information except to its employees, agents or any other Person under its authorization; provided, that such employees, agents or Persons under its authorization who have access to such Confidential Information have been advised by ASLAN of ASLAN’s obligations under this Agreement, reveal or disclose to any Third Party information and are contractually materials disclosed by the other Party (in writing) or legally bound by confidentiality and non-use obligations not less stringent than those set forth in this Agreement whether prior to any such disclosure. ASLAN shall be responsible to ALMIRALL for the compliance of such Persons with this Agreement. For its part, ALMIRALL agrees to maintain in confidence and not to use, or during the Term of this Agreement Agreement), and marked as confidential or for a period which the receiving Party knows or has reason to know are or contain trade secrets or other proprietary information of […***…] thereafter, ASLAN’s the other Party (the “Confidential Information”) without first obtaining the written consent of the other Party. (b) The Parties shall take all reasonable precautions to prevent the use or disclosure of such Confidential Information without first obtaining the written consent of the other Party, provided except (i) as may be required for securing regulatory approval, including pricing approval in the United States and any foreign country, or as may otherwise be required to be disclosed to an Agency in the United States and any foreign country; or (ii) as required in connection with any filings made by the Securities and Exchange Commission or similar non-U.S. regulatory authorities or by the disclosure policies of a major stock exchange. Each Party agrees that ALMIRALL retains prior to the right to use and disclose any such ASLAN release or dissemination of the other Party’s Confidential Information to any Affiliate or sublicensee, such Party shall cause the person to whom such Confidential Information is to be released to be bound by a Thirty Party strictly on confidentiality agreement providing for a need level of protection of such Confidential Information at least equivalent to know basis and directly in connection with the conduct terms of further development of products for topical use and/or for dermatology diseases and with the exercise any of ALMIRALL’s commercialization rights upon exercising the first negotiation right described in Section 2.5this Article VI. 12.2 The confidentiality obligations (c) These restrictions upon disclosure and use restrictions set forth in Section 12.1 of Confidential Information shall not apply to any specific portion of Confidential Information which: (i) was generally available to is Confidential Information that can be demonstrated by the public or otherwise part written records of the public domain recipient to have already been in the possession of the recipient free of any restrictions as to its use or disclosure at the time of its disclosure to by the receiving other Party; (ii) is or later becomes available to the public, as evidenced by documents which were generally published, other than by the fault of the recipient; or (iii) is received from a Third Party on an unrestricted basis, where having legitimate possession thereof and the independent legal right to make such disclosure and such Third Party is authorized does not place any restriction as to disclose the information;use or disclosure on the recipient. (iiid) became generally available Any patent applications and information therein filed or to be filed by either Party shall be deemed (i) to be Confidential Information of that Party subject to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of the receiving Party in breach provisions of this Agreement; orArticle VI and (ii) to have been disclosed in confidence to the other Party. (ive) is Notwithstanding the foregoing, the recipient may disclose any Confidential Information to the extent required to be disclosed to a by an order of any court or other governmental authority having competent authority in accordance with a mandatory applicable Lawsjurisdiction, in which case the disclosing Party shall promptly notify but only after the other Party is (i) notified in writing and provided with a copy of such order; and (ii) given an opportunity to prevent such disclosure requirement to enable or obtain reasonable protection for such Confidential Information. In any such event, the recipient shall cooperate fully with other Party to seek a in connection with obtaining any protective order or other form appropriate remedy to prevent disclosure of confidential treatment for Confidential Information. (f) Notwithstanding the informationforegoing, and shall thereafter the recipient may disclose only that portion of the information required to be disclosed in order to comply. ***Confidential Treatment Requested 12.3 ASLAN shall not use any ALMIRALL’s Confidential Information or any Confidential Information which is generated to any Agency as may be required by law or discussed in the framework of the JSC, for any purpose other than in connection with the compliance of ASLAN’s obligations under this Agreementany application to test, sell or market a Licensed Product.

Confidentiality and Non-Use Obligations. 12.1 ASLAN acknowledges that all the ALMIRALL Confidential Information is confidential and proprietary to ALMIRALL and agrees to (i) maintain such Confidential Information in confidence during the Term of this Agreement and for a period of […***…] thereafter and (ii) use and appropriately disclose such Confidential Information solely 2.1 Each Party agrees, for the purpose duration of performing its obligations hereunder the Confidentiality Period: to hold in strict confidence all Information of the other Party which has been or to exercise the rights granted will be made available to it hereunder. ASLAN covenants that it shall not disclose any such Confidential Information except or its Affiliated Companies by the other Party or its Affiliated Companies and, subject to its employees, agents or any other Person under its authorization; provided, that such employees, agents or Persons under its authorization who have access to such Confidential Information have been advised by ASLAN the provisions of ASLAN’s obligations under this Agreement, not to disclose the Information of the other Party to any third party whatsoever. The Parties undertake to protect Information (including but not limited to patent-relevant, scientific or technical information) against unauthorized access by third parties. If Information is communicated via internet mail, use of internet mail encryption technology is compulsory (for direct communication between the Parties, BOEHRINGER provides for a suitable technology at xxxx://xxxxxx.xxxxxxxxxx-xxxxxxxxx.xxx/ free of charge); and are contractually (not to use Information of the other Party for any purpose other than the Purpose. If Information is disclosed by a Party or its Affiliated Companies other than in writing) written or legally bound by electronic form, then the other Party's obligations of confidentiality and non-use shall only apply if the Information is indicated upon disclosure as being confidential and is then summarised electronically or in writing and provided to the other Party within thirty (30) days after initial disclosure. In the course of its evaluation thereof, each Party undertakes to provide the other Party with all data and results it, its Affiliated Companies and/or consultant(s) have accumulated or created concerning the Information of the other Party and such data and results shall be deemed to be Information of the other Party to which the obligations not less stringent than those set forth provided for in this Agreement prior apply. All rights in the Information of each Party, whether it is provided to or deemed to have been provided to the other Party, including without limitation, the right to apply for intellectual property rights in its own name, are and shall remain vested exclusively in the respective Party and the other Party shall not apply for such rights. However, in the event of any such disclosure. ASLAN non-separable improvements which comprise the Information of each Party, BOEHRINGER shall be responsible the owner of such improvement, but XXX shall receive a non-exclusive, sublicensable, world-wide, royalty-free license thereon to ALMIRALL the extent such improvement relates to XXX's Information only. Each Party further agrees that upon the other Party's written request it shall: immediately return or destroy all Information of the other Party without retaining copies, except for one (1) copy which might be retained by such Party in its archives for the sole purpose of monitoring its compliance of such Persons with this Agreement. For its part, ALMIRALL agrees to maintain in confidence ; and not to use, during the Term of this Agreement immediately cease any and for a period of […***…] thereafter, ASLAN’s Confidential Information, provided that ALMIRALL retains the right to use and disclose any such ASLAN Confidential Information to a Thirty Party strictly on a need to know basis and directly all work in connection with the conduct Information of further development of products for topical use and/or for dermatology diseases and with the exercise any of ALMIRALL’s commercialization rights upon exercising the first negotiation right described in Section 2.5. 12.2 The confidentiality obligations and use restrictions set forth in Section 12.1 shall not apply to Confidential Information which: (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the receiving Party; (ii) is received from a Third Party on an unrestricted basis, where such Third Party is authorized to disclose the information; (iii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of the receiving Party in breach of this Agreement; or (iv) is required to be disclosed to a competent authority in accordance with a mandatory applicable Laws, in which case the disclosing Party shall promptly notify the other Party and refrain from using, either directly or indirectly, the Information of such disclosure requirement to enable the other Party, whether provided by the other Party to seek a protective order and/or its Affiliated Companies or other form of confidential treatment for the informationaccumulated or created by it, and shall thereafter disclose only that portion of the information required to be disclosed in order to comply. ***Confidential Treatment Requested 12.3 ASLAN shall not use any ALMIRALL’s Confidential Information or any Confidential Information which is generated or discussed its Affiliated Companies and/or its consultant(s) in the framework course of the JSC, for any purpose other than in connection with the compliance of ASLAN’s obligations under this Agreementits evaluation thereof.

Confidentiality and Non-Use Obligations. 12.1 ASLAN acknowledges Each Party agrees that all the ALMIRALL Confidential Information is confidential disclosed to such Party or any of such Party’s Affiliates by the other Party or an Affiliate of such other Party (a) will not be used by the Permitted Recipients except as authorized under this Agreement and proprietary in connection with the activities contemplated by this Agreement or in order to ALMIRALL and agrees to (i) maintain such Confidential Information in confidence during further the Term purposes of this Agreement and for (b) will be maintained in confidence by the Receiving Party and such Party’s Affiliates, with a period degree of […***…] thereafter and (ii) use and appropriately disclose such care that is not less than the Receiving Party typically exercises with respect to its own most valuable Confidential Information solely for the purpose of performing its obligations hereunder or to exercise the rights granted to it hereunder. ASLAN covenants that it shall not disclose and in any such Confidential Information except to its employees, agents or any other Person under its authorization; provided, that such employees, agents or Persons under its authorization who have access to such Confidential Information have been advised by ASLAN of ASLAN’s obligations under this Agreement, and are contractually (in writing) or legally bound by confidentiality and non-use obligations case with not less stringent than those set forth reasonable care. The Receiving Party will provide, upon the Disclosing Party’s request, a certification that access and use is being controlled in this Agreement prior to any such disclosure. ASLAN shall be responsible to ALMIRALL for the compliance of such Persons accordance with this Agreement. For its part, ALMIRALL agrees The Disclosing Party will have the right to maintain in confidence and not audit to use, during the Term verify compliance with this Agreement. Notwithstanding any other provision of this Agreement and for Agreement, disclosure of Confidential Information will not be prohibited to the extent required to comply with Applicable Laws or regulations, or with a period of […***…] thereafter, ASLAN’s Confidential Informationvalid court or administrative order, provided that ALMIRALL retains the right to use and disclose any such ASLAN Confidential Information to a Thirty Receiving Party strictly on a need to know basis and directly in connection with the conduct of further development of products for topical use and/or for dermatology diseases and with the exercise any of ALMIRALL’s commercialization rights upon exercising the first negotiation right described in Section 2.5. 12.2 The confidentiality obligations and use restrictions set forth in Section 12.1 shall not apply to Confidential Information which: will (i) was generally available notify the Disclosing Party of any such disclosure requirement or request as soon as practicable (and to the public or otherwise part of the public domain at the time of its disclosure extent that it is legally able to the receiving Party; do so); (ii) is received from a Third cooperate with and reasonably assist the Disclosing Party on an unrestricted basis, where such Third (at the Disclosing Party’s cost) if the Disclosing Party is authorized to disclose the information; (iii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of the receiving Party in breach of this Agreement; or (iv) is required to be disclosed to a competent authority in accordance with a mandatory applicable Laws, in which case the disclosing Party shall promptly notify the other Party of such disclosure requirement to enable the other Party to seek seeks a protective order or other form remedy in respect of confidential treatment for the information, any such disclosure; and shall thereafter disclose (iii) furnish only that portion of the information required to be disclosed in order to comply. ***Confidential Treatment Requested 12.3 ASLAN shall not use any ALMIRALL’s Confidential Information or any Confidential Information which is generated responsive to such requirement or discussed request. If Brammer becomes obliged to provide testimony or records regarding this Agreement in the framework of the JSCany legal or administrative proceeding relating to Customer, Customer will reimburse Brammer for any purpose other than in connection with the compliance of ASLAN’s obligations under this Agreementits reasonable out-of-pocket costs plus a reasonable hourly fee for its employees or representatives at Xxxxxxx’x standard commercial rates.

Confidentiality and Non-Use Obligations. 12.1 ASLAN acknowledges that Portola shall hold all the ALMIRALL Confidential Information is confidential and proprietary to ALMIRALL and agrees to (i) maintain such Confidential Cytokinetics Information in strict confidence during the Term of this Agreement and for a period of […***…] thereafter and (ii) use and appropriately disclose such Confidential Information solely for the purpose of performing its obligations hereunder or to exercise the rights granted to it hereunder. ASLAN covenants that it shall not disclose or otherwise make available Cytokinetics Information to any such Confidential Third Party, and Portola shall restrict access to Cytokinetics Information except to those of its employees, agents or any other Person under its authorization; provided, that such employees, agents or Persons under its authorization employees who have access to such Confidential Information have been advised by ASLAN of ASLAN’s obligations under this Agreement, and are contractually (in writing) or legally bound by confidentiality and non-use obligations not less stringent than those set forth in this Agreement prior to any such disclosure. ASLAN shall be responsible to ALMIRALL for the compliance of such Persons with this Agreement. For its part, ALMIRALL agrees to maintain in confidence and not to use, during the Term of this Agreement and for a period of […***…] thereafter, ASLAN’s Confidential Information, provided that ALMIRALL retains the right to use and disclose any such ASLAN Confidential Information to a Thirty Party strictly on a need to know basis and directly in connection with the conduct of further development of products for topical use and/or for dermatology diseases and with the exercise any of ALMIRALL’s commercialization rights upon exercising the first negotiation right described in Section 2.5. 12.2 The confidentiality obligations and use restrictions set forth in Section 12.1 shall not apply to Confidential Information which: (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the receiving Party; (ii) is received from a Third Party on an unrestricted basis, where such Third Party is authorized to disclose the information; (iii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of the receiving Party in breach of this Agreement; or (iv) is required to be disclosed to a competent authority in accordance with a mandatory applicable Laws, in which case the disclosing Party shall promptly notify the other Party of such disclosure requirement to enable the other Party to seek a protective order or other form of confidential treatment for the information, and shall thereafter disclose only that portion of the information required to be disclosed in order to complyperform the services under this Agreement. ***Confidential Treatment Requested 12.3 ASLAN Portola shall not use any ALMIRALL’s Confidential use, reproduce, or exploit Cytokinetics Information or any Confidential Information which is generated or discussed in the framework of the JSC, for any purpose other than in connection with the compliance of ASLAN’s exercising its rights and performing its obligations under this Agreement; otherwise, Portola shall have no right, title, or interest of any nature in any Cytokinetics Information. Portola shall not have any obligations under this Agreement with respect to any portion of the Cytokinetics Information for which Portola can demonstrate by competent written proof: (a) is now, or hereafter becomes, through no act or failure to act on the part of Portola, generally known or available in the public domain; (b) is known by Portola at the time of receiving such information, from Cytokinetics hereunder; (c) is hereafter furnished to Portola by a Third Party who does not have an obligation to Cytokinetics with respect thereto; (d) is independently developed by or on behalf of Portola without the aid, use or application of Cytokinetics Information; or (e) is the subject of a written permission to disclose provided by Cytokinetics. Specific aspects or details of Cytokinetics Information will not be deemed to be within the public knowledge or in the prior possession of Portola merely because the aspects or details of the Cytokinetics Information are embraced by general disclosures in the public domain or in the prior possession of Portola. In addition, any combination of Cytokinetics Information will not be considered in the public knowledge or in the prior possession of Portola merely because individual elements thereof are in the public domain or in the prior possession of Portola, unless the combination are in the public knowledge or in the prior possession of Portola. With respect to Cytokinetics Information which arises under the Research Plan, Portola must establish that the exception (b) applies by virtue of written documentation that Portola receives or obtains from a Third Party rather than in reliance on its own internally generated written documentation.

Confidentiality and Non-Use Obligations. 12.1 ASLAN acknowledges that all the ALMIRALL Confidential Information is (a) In carrying out its obligations under this Agreement, each Party will be sharing confidential and proprietary to ALMIRALL data and agrees to information (i“Confidential Information”) maintain such with the other Party. Except as expressly permitted by this Agreement, each Party shall, and shall cause its Subsidiaries to, treat Confidential Information in confidence during received or deemed to be received from the other Party (the “Disclosing Party”) or its Subsidiaries as it treats its own proprietary information of like nature and importance. During the Term of this Agreement and for a period of […***…] five (5) years thereafter and (iiindefinitely with respect to trade secrets), the Party in receipt of the Disclosing Party’s Confidential Information (the “Receiving Party”) use and appropriately disclose shall not disclose, divulge or otherwise communicate such Confidential Information solely to any Person, or use it for the any purpose of performing except pursuant to and in order to carry out its obligations hereunder or to and exercise its rights under this Agreement. Notwithstanding the rights granted to it hereunder. ASLAN covenants that it shall not foregoing, the Receiving Party may disclose any such Confidential Information except of the Disclosing Party to the Receiving Party’s directors, officers, employees, Subsidiaries, consultants, subcontractors, sublicensees or agents and in TRIS’ case to its employees, agents or any other Person under Affiliates to the extent reasonably necessary to carry out its authorization; provided, that such employees, agents or Persons under obligations and exercise its authorization who have access to such Confidential Information have been advised by ASLAN of ASLAN’s obligations right under this Agreement, and are contractually (provided that such directors, officers, employees, Subsidiaries, consultants, subcontractors, sublicensees or agents or in writing) or legally bound by confidentiality and non-use obligations not less stringent than those set forth in this Agreement prior to any such disclosure. ASLAN shall be responsible to ALMIRALL for TRIS’ case its Affiliates have been advised of the compliance confidential nature of such Persons with this Agreement. For its part, ALMIRALL agrees information and have agreed to maintain in confidence and not such information as confidential to use, during the Term of same extent required by this Agreement and for a period of Article 10. EXPLANATORY NOTE: […***…] thereafter, ASLAN’s Confidential Information, provided that ALMIRALL retains the right to use and disclose any such ASLAN INDICATES THE PORTION OF THIS EXHIBIT THAT HAS BEEN OMITTED BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IN PUBLICLY DISCLOSED. (b) Confidential Information to a Thirty Party strictly on a need to know basis and directly in connection with the conduct of further development of products for topical use and/or for dermatology diseases and with the exercise any of ALMIRALL’s commercialization rights upon exercising the first negotiation right described in Section 2.5. 12.2 The confidentiality obligations and use restrictions set forth in Section 12.1 shall not apply to Confidential Information whichinclude information that the Receiving Party can demonstrate: (i) was generally available known by the Receiving Party or its Subsidiaries prior to the public date it was disclosed to the Receiving Party or otherwise part its Subsidiaries by the Disclosing Party or its Subsidiaries, as evidenced by the prior written records of the public domain at the time of Receiving Party or its disclosure to the receiving PartySubsidiaries; (ii) is received from lawfully disclosed to the Receiving Party or its Subsidiaries by a Third Party on an unrestricted basisrightfully in possession of such information and not subject to obligations of confidentiality with respect thereto, where such Third either before or after the date of the disclosure to the Receiving Party is authorized to disclose the informationor its Subsidiaries; (iii) became becomes generally available known to the public through no act or otherwise omission on the part of the public domain Receiving Party or its Subsidiaries or sublicensees, either before or after its disclosure and other than through any act or omission the date of the receiving disclosure to the Receiving Party in breach of this Agreementor its Subsidiaries; or (iv) is independently developed by the Receiving Party or its Subsidiaries without reference to or reliance upon any Confidential Information of the Disclosing Party or its Subsidiaries as established by probative documentary evidence. (c) The restrictions set forth in this Article X shall not prevent either Party from disclosing Confidential Information (i) in connection with preparing, filing, prosecuting or maintaining the TRIS Patent Rights, (ii) to Governmental Authorities to the extent required or desirable to obtain a Regulatory Approval, (iii) to the Former Owner, as contemplated to comply with the obligations expressly referred to in this Agreement (and in the case of TRIS, as otherwise required by the Asset Sale Agreement), (iv) to potential private investors and lenders and potential lenders (in each case, under a customary confidentiality agreement) in connection with fundraising activities or compliance with existing obligations, (v) to underwriters and financial advisors (under an obligation of confidentiality) in connection with the public offering of securities, (vi) to actual or prospective licensees, sublicensees, distributors and subcontractors (under a confidentiality agreement at least as restrictive as the provisions of this Article 10, provided that the term of confidentiality shall be no less than five (5) years from the date of disclosure), or (vii) that is reasonably determined is required to be disclosed by the Receiving Party (to a competent authority in accordance comply with a mandatory applicable Laws, in which case the disclosing Party shall promptly notify the other Party of such disclosure requirement to enable the other Party to seek a protective order securities or other form of confidential treatment for the information, and shall thereafter disclose only that portion of the information required laws) to be disclosed in order to comply. ***Confidential Treatment Requested 12.3 ASLAN shall not use any ALMIRALL’s Confidential Information public investors or any Confidential Information which is generated or discussed in the framework of the JSC, for any purpose other than governmental agencies in connection with the compliance public offering of ASLANsecurities, or (viii) in response to a valid order of a court of competent jurisdiction or other supra-national, federal, national, regional, state, provincial and local governmental or regulatory body of competent jurisdiction or, if in the reasonable opinion of the Receiving Party’s obligations legal counsel, such disclosure is otherwise required by law; provided that in all of the above cases (i) to (viii), the Party disclosing Confidential Information of the Disclosing Party shall use all reasonable efforts to provide prior written notice of such disclosure to the Disclosing Party and to take reasonable and lawful actions to avoid or limit such disclosure or to assist the Disclosing Party in avoiding or limiting such disclosure. EXPLANATORY NOTE: [**] INDICATES THE PORTION OF THIS EXHIBIT THAT HAS BEEN OMITTED BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IN PUBLICLY DISCLOSED. (d) Further, either Party may also disclose the existence and terms of this Agreement to its attorneys and advisors, to potential acquirors in connection with a potential sale of such Party’s business operations and to existing and potential investors or lenders of such Party, as a part of their due diligence investigations, or to potential permitted assignees or sublicensees, in each case under an agreement to keep the terms of this Agreement confidential under terms of confidentiality and non-use substantially similar to the terms contained in this Agreement. (e) 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. (f) Notwithstanding anything contained herein to the contrary, that certain Confidentiality Agreement, dated as of October 8, 2018, by and between the Parties shall remain in full force and effect for any breaches of same prior to the date hereof and information disclosed thereunder shall also be deemed disclosed hereunder and following the Effective Date this Agreement shall control with respect to such information.

Confidentiality and Non-Use Obligations. 12.1 ASLAN acknowledges that all the ALMIRALL Confidential Information is (a) In carrying out its obligations under this Agreement, each Party will be sharing confidential and proprietary to ALMIRALL data and agrees to information (i“Confidential Information”) maintain such with the other Party. Except as expressly permitted by this Agreement, each Party shall, and shall cause its Subsidiaries to, treat Confidential Information in confidence during received or deemed to be received from the other Party (the “Disclosing Party”) or its Subsidiaries as it treats its own proprietary information of like nature and importance. During the Term of this Agreement and for a period of […***…] five (5) years thereafter and (iiindefinitely with respect to trade secrets), the Party in receipt of the Disclosing Party’s Confidential Information (the “Receiving Party”) use and appropriately disclose shall not disclose, divulge or otherwise communicate such Confidential Information solely to any Person, or use it for the any purpose of performing except pursuant to and in order to carry out its obligations hereunder or to and exercise its rights under this Agreement. Notwithstanding the rights granted to it hereunder. ASLAN covenants that it shall not foregoing, the Receiving Party may disclose any such Confidential Information except of the Disclosing Party to the Receiving Party’s directors, officers, employees, Subsidiaries, consultants, subcontractors, sublicensees or agents and in TRIS’ case to its employees, agents or any other Person under Affiliates to the extent reasonably necessary to carry out its authorization; provided, that such employees, agents or Persons under obligations and exercise its authorization who have access to such Confidential Information have been advised by ASLAN of ASLAN’s obligations right under this Agreement, and are contractually (provided that such directors, officers, employees, Subsidiaries, consultants, subcontractors, sublicensees or agents or in writing) or legally bound by confidentiality and non-use obligations not less stringent than those set forth in this Agreement prior to any such disclosure. ASLAN shall be responsible to ALMIRALL for TRIS’ case its Affiliates have been advised of the compliance confidential nature of such Persons with this Agreement. For its part, ALMIRALL agrees information and have agreed to maintain in confidence and not such information as confidential to use, during the Term of same extent required by this Agreement and for a period of […***…] thereafter, ASLAN’s Confidential Information, provided that ALMIRALL retains the right to use and disclose any such ASLAN Article 10. (b) Confidential Information to a Thirty Party strictly on a need to know basis and directly in connection with the conduct of further development of products for topical use and/or for dermatology diseases and with the exercise any of ALMIRALL’s commercialization rights upon exercising the first negotiation right described in Section 2.5. 12.2 The confidentiality obligations and use restrictions set forth in Section 12.1 shall not apply to Confidential Information whichinclude information that the Receiving Party can demonstrate: (i) was generally available known by the Receiving Party or its Subsidiaries prior to the public date it was disclosed to the Receiving Party or otherwise part its Subsidiaries by the Disclosing Party or its Subsidiaries, as evidenced by the prior written records of the public domain at the time of Receiving Party or its disclosure to the receiving PartySubsidiaries; (ii) is received from lawfully disclosed to the Receiving Party or its Subsidiaries by a Third Party on an unrestricted basisrightfully in possession of such information and not subject to obligations of confidentiality with respect thereto, where such Third either before or after the date of the disclosure to the Receiving Party is authorized to disclose the informationor its Subsidiaries; (iii) became becomes generally available known to the public through no act or otherwise omission on the part of the public domain Receiving Party or its Subsidiaries or sublicensees, either before or after its disclosure and other than through any act or omission the date of the receiving disclosure to the Receiving Party in breach of this Agreementor its Subsidiaries; or (iv) is independently developed by the Receiving Party or its Subsidiaries without reference to or reliance upon any Confidential Information of the Disclosing Party or its Subsidiaries as established by probative documentary evidence. (c) The restrictions set forth in this Article X shall not prevent either Party from disclosing Confidential Information (i) in connection with preparing, filing, prosecuting or maintaining the TRIS Patent Rights, (ii) to Governmental Authorities to the extent required or desirable to obtain a Regulatory Approval, (iii) to the Former Owner, as contemplated to comply with the obligations expressly referred to in this Agreement (and in the case of TRIS, as otherwise required by the Asset Sale Agreement), (iv) to potential private investors and lenders and potential lenders (in each case, under a customary confidentiality agreement) in connection with fundraising activities or compliance with existing obligations, (v) to underwriters and financial advisors (under an obligation of confidentiality) in connection with the public offering of securities, (vi) to actual or prospective licensees, sublicensees, distributors and subcontractors (under a confidentiality agreement at least as restrictive as the provisions of this Article 10, provided that the term of confidentiality shall be no less than five (5) years from the date of disclosure), or (vii) that is reasonably determined is required to be disclosed by the Receiving Party (to a competent authority in accordance comply with a mandatory applicable Laws, in which case the disclosing Party shall promptly notify the other Party of such disclosure requirement to enable the other Party to seek a protective order securities or other form of confidential treatment for the information, and shall thereafter disclose only that portion of the information required laws) to be disclosed in order to comply. ***Confidential Treatment Requested 12.3 ASLAN shall not use any ALMIRALL’s Confidential Information public investors or any Confidential Information which is generated or discussed in the framework of the JSC, for any purpose other than governmental agencies in connection with the compliance public offering of ASLANsecurities, or (viii) in response to a valid order of a court of competent jurisdiction or other supra-national, federal, national, regional, state, provincial and local governmental or regulatory body of competent jurisdiction or, if in the reasonable opinion of the Receiving Party’s obligations legal counsel, such disclosure is otherwise required by law; provided that in all of the above cases (i) to (viii), the Party disclosing Confidential Information of the Disclosing Party shall use all reasonable efforts to provide prior written notice of such disclosure to the Disclosing Party and to take reasonable and lawful actions to avoid or limit such disclosure or to assist the Disclosing Party in avoiding or limiting such disclosure. (d) Further, either Party may also disclose the existence and terms of this Agreement to its attorneys and advisors, to potential acquirors in connection with a potential sale of such Party’s business operations and to existing and potential investors or lenders of such Party, as a part of their due diligence investigations, or to potential permitted assignees or sublicensees, in each case under an agreement to keep the terms of this Agreement confidential under terms of confidentiality and non-use substantially similar to the terms contained in this Agreement. (e) 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. (f) Notwithstanding anything contained herein to the contrary, that certain Confidentiality Agreement, dated as of October 8, 2018, by and between the Parties shall remain in full force and effect for any breaches of same prior to the date hereof and information disclosed thereunder shall also be deemed disclosed hereunder and following the Effective Date this Agreement shall control with respect to such information.

Confidentiality and Non-Use Obligations. 12.1 ASLAN acknowledges that all the ALMIRALL Confidential Information is confidential and proprietary to ALMIRALL and agrees to (ia) maintain such Confidential Information in confidence during During the Term of this Agreement and for a period five (5) years thereafter without regard to the means of […***…] thereafter termination, neither Citius nor Alpex shall use, for any purpose other than the purposes of this Agreement, reveal or disclose to any Third Party information and materials disclosed by the other Party (whether prior to or during the Collaboration Term of this Agreement), and marked as confidential or for which the receiving Party knows or has reason to know are or contain trade secrets or other proprietary information of the other Party (the “Confidential Information”) without first obtaining the written consent of the other Party. (b) The Parties shall take all reasonable precautions to prevent the use or disclosure of such Confidential Information without first obtaining the written consent of the other Party, except (i) as may be required for securing Regulatory Approval, including pricing approval in the Territory, or as may otherwise be required to be disclosed to an Agency in the Territory; or (ii) use as required in connection with any filings made by the Securities and appropriately disclose Exchange Commission or similar non-U.S. regulatory authorities or by the disclosure policies of a major stock exchange. Each Party agrees that prior to the release or dissemination of the other Party’s Confidential Information to any Affiliate or sublicensee, such Party shall cause the person to whom such Confidential Information solely is to be released to be bound by a confidentiality agreement providing for the purpose a level of performing its obligations hereunder or to exercise the rights granted to it hereunder. ASLAN covenants that it shall not disclose any protection of such Confidential Information except at least equivalent to its employees, agents or any other Person under its authorization; provided, that such employees, agents or Persons under its authorization who have access to such the terms of this Article X. (c) These restrictions upon disclosure and use of Confidential Information have been advised by ASLAN of ASLAN’s obligations under this Agreement, and are contractually (in writing) or legally bound by confidentiality and non-use obligations not less stringent than those set forth in this Agreement prior to any such disclosure. ASLAN shall be responsible to ALMIRALL for the compliance of such Persons with this Agreement. For its part, ALMIRALL agrees to maintain in confidence and not to use, during the Term of this Agreement and for a period of […***…] thereafter, ASLAN’s Confidential Information, provided that ALMIRALL retains the right to use and disclose any such ASLAN Confidential Information to a Thirty Party strictly on a need to know basis and directly in connection with the conduct of further development of products for topical use and/or for dermatology diseases and with the exercise any of ALMIRALL’s commercialization rights upon exercising the first negotiation right described in Section 2.5. 12.2 The confidentiality obligations and use restrictions set forth in Section 12.1 shall not apply to any specific portion of Confidential Information which: (i) was generally available is Confidential Information which can be demonstrated by the recipient to have already been in the public or otherwise part possession of the public domain recipient at the time of its disclosure to by the receiving other Party; (ii) is or later becomes available to the public, as evidenced by documents which were generally published, other than by Default by the Party; (iii) is received from a Third Party on an unrestricted basis, where having legitimate possession thereof and the independent legal right to make such Third Party is authorized to disclose the informationdisclosure; (iiiiv) became generally available is information developed by the Party entirely without reference to the public or otherwise part use of the public domain after its disclosure and other than through any act or omission of the receiving Party in breach of this AgreementConfidential Information, as established by probative documentary evidence; or (ivv) is required to be disclosed by law or government regulation. (d) Citius shall restrict the review and disclosure of any patent applications to a competent authority in accordance with a mandatory applicable Lawsbe filed by Alpex to (i) Citius’s executive officers and outside patent counsel, in which case until such time as such patent applications have been filed. Following the disclosing Party shall promptly notify the other Party of such disclosure requirement to enable the other Party to seek a protective order or other form of confidential treatment for the information, and shall thereafter disclose only that portion filing of the information required Alpex Patent applications such patent applications shall continue to be disclosed in order to comply. ***Confidential Treatment Requested 12.3 ASLAN shall not use any ALMIRALL’s deemed Confidential Information or any Confidential Information which is generated or discussed in subject to the framework provisions of the JSC, for any purpose other than in connection with the compliance of ASLAN’s obligations under this Agreement.Article X.

Confidentiality and Non-Use Obligations. 12.1 ASLAN acknowledges that all the ALMIRALL Confidential Information is confidential and proprietary to ALMIRALL and agrees to (ia) maintain such Confidential Information in confidence during During the Term of this Agreement and for a period five (5) years thereafter without regard to the means of […***…] thereafter and (ii) use and appropriately disclose such Confidential Information solely termination, neither Acuity nor Intradigm shall use, for any purpose other than the purpose purposes of performing its obligations hereunder or to exercise the rights granted to it hereunder. ASLAN covenants that it shall not disclose any such Confidential Information except to its employees, agents or any other Person under its authorization; provided, that such employees, agents or Persons under its authorization who have access to such Confidential Information have been advised by ASLAN of ASLAN’s obligations under this Agreement, reveal or disclose to any Third Party information and are contractually materials disclosed by the other Party (in writing) or legally bound by confidentiality and non-use obligations not less stringent than those set forth in this Agreement whether prior to any such disclosure. ASLAN shall be responsible to ALMIRALL for the compliance of such Persons with this Agreement. For its part, ALMIRALL agrees to maintain in confidence and not to use, or during the Term of this Agreement Agreement), and marked as confidential or for a period which the receiving Party knows or has reason to know are or contain trade secrets or other proprietary information of […***…] thereafter, ASLAN’s the other Party (the “Confidential Information”) without first obtaining the written consent of the other Party. (b) The Parties shall take all reasonable precautions to prevent the use or disclosure of such Confidential Information without first obtaining the written consent of the other Party, provided except (i) as may be required for securing Regulatory Approval, including pricing approval in the United States and any foreign country, or as may otherwise be required to be disclosed to an Agency in the United States and any foreign country; or (ii) as required in connection with any filings made by the Securities and Exchange Commission or similar non-U.S. regulatory authorities or by the disclosure policies of a major stock exchange. Each Party agrees that ALMIRALL retains prior to the right to use and disclose any such ASLAN release or dissemination of the other Party’s Confidential Information to any Affiliate or sublicensee, such Party shall cause the person to whom such Confidential Information is to be released to be bound by a Thirty Party strictly on confidentiality agreement providing for a need level of protection of such Confidential Information at least equivalent to know basis and directly in connection with the conduct terms of further development of products for topical use and/or for dermatology diseases and with the exercise any of ALMIRALL’s commercialization rights this Article X. (c) These restrictions upon exercising the first negotiation right described in Section 2.5. 12.2 The confidentiality obligations disclosure and use restrictions set forth in Section 12.1 of Confidential Information shall not apply to any specific portion of Confidential Information which: (i) was generally available to is Confidential Information that can be demonstrated by the public or otherwise part written records of the public domain recipient to have already been in the possession of the recipient free of any restrictions as to its use or disclosure at the time of its disclosure to by the receiving other Party; (ii) is or later becomes available to the public, as evidenced by documents which were generally published, other than by the fault of the recipient; or (iii) is received from a Third Party on an unrestricted basis, where having legitimate possession thereof and the independent legal right to make such disclosure and such Third Party is authorized does not place any restriction as to disclose the information;use or disclosure on the recipient. (iiid) became generally available Any patent applications and information therein filed or to be filed by either Party shall be deemed (i) to be Confidential Information of that Party subject to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of the receiving Party in breach provisions of this Agreement; orArticle IX and (ii) to have been disclosed in confidence to the other Party. (ive) is Notwithstanding the foregoing, the recipient may disclose any Confidential Information to the extent required to be disclosed to a by an order of any court or other governmental authority having competent authority in accordance with a mandatory applicable Lawsjurisdiction, in which case the disclosing Party shall promptly notify but only after the other Party is (i) notified in writing and provided with a copy of such order; and (ii) given an opportunity to prevent such disclosure requirement to enable or obtain reasonable protection for such Confidential Information. In any such event, the recipient shall cooperate fully with other Party to seek a in connection with obtaining any protective order or other form appropriate remedy to prevent disclosure of confidential treatment for the information, and shall thereafter disclose only that portion of the information required to be disclosed in order to comply. ***Confidential Treatment Requested 12.3 ASLAN shall not use any ALMIRALL’s Confidential Information or any Confidential Information which is generated or discussed in the framework of the JSC, for any purpose other than in connection with the compliance of ASLAN’s obligations under this AgreementInformation.

Confidentiality and Non-Use Obligations. 12.1 ASLAN acknowledges that all Each Party shall, and shall cause its Affiliates, actual or prospective Sublicensees, as applicable, and its and their officers, directors, employees, subcontractors, and agents (collectively, “Representatives”) to, (1) keep confidential and not publish or otherwise disclose to any Third Party, except to the ALMIRALL extent such disclosure is expressly permitted by the terms of this Agreement, and (2) not use directly or indirectly for any purpose other than as necessary to exercise its rights and carry out its obligations under this Agreement, any Confidential Information of the other Party. “Confidential Information” of a Party means any information of such Party or is confidential and proprietary Affiliates that is furnished or otherwise made known to ALMIRALL and agrees to (i) maintain such Confidential Information in confidence the other Party during the Term of this Agreement and for a period that is marked as confidential, non-public or proprietary, or otherwise can be reasonably inferred from context to be confidential, non-public or proprietary, including information relating to the scientific, regulatory, business affairs, or other activities of […***…] thereafter and (ii) use and appropriately disclose such the disclosing Party or its Affiliates or Sublicensees, as applicable. For clarity, failure to mark Confidential Information solely for the purpose of performing shall in no event on its obligations hereunder or to exercise the rights granted to it hereunder. ASLAN covenants that it shall not disclose any own disqualify such information from being considered Confidential Information except to its employees, agents under the definitions or any other Person under its authorization; provided, that such employees, agents or Persons under its authorization who have access to such Confidential Information have been advised by ASLAN for purposes of ASLAN’s obligations under this Agreement, and are contractually (in writing) or legally bound by confidentiality and non-use obligations not less stringent than those set forth in this Agreement prior to any such disclosure. ASLAN shall be responsible to ALMIRALL for the compliance of such Persons with this Agreement. For its partDevelopment plans, ALMIRALL agrees Commercialization plans and key initiatives disclosed by Mabwell pursuant to maintain in confidence Sections 2.2 and not 2.5 and Mabwell Regulatory Documentation and Results shall be the Confidential Information of Mabwell. Disc’s development records maintained under Section 2.4, Development Plans, Commercialization Plans and key initiatives disclosed by Disc pursuant to useSections 2.2 and 2.5, during Disc’s financial records maintained under Section 6.8, and Disc Regulatory Documentation and Results shall be the Term Confidential Information of Disc. Additionally, Joint Improvement Know-How, Joint Improvement Patents, and the existence and terms of this Agreement and for a period of […***…] thereafter, ASLAN’s Confidential Information, provided that ALMIRALL retains the right Parties’ respective activities hereunder shall be deemed to use and disclose any such ASLAN be the Confidential Information of both Parties, and both Parties shall be deemed to a Thirty Party strictly on a need to know basis and directly in connection with the conduct of further development of products for topical use and/or for dermatology diseases and with the exercise any of ALMIRALL’s commercialization rights upon exercising the first negotiation right described in Section 2.5. 12.2 The confidentiality obligations and use restrictions set forth in Section 12.1 shall not apply to Confidential Information which: (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the receiving Party; (ii) is received from a Third Party on an unrestricted basis, where such Third Party is authorized to disclose the information; (iii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of be the receiving Party in breach of this Agreement; or (iv) is required to be disclosed to a competent authority in accordance with a mandatory applicable Laws, in which case and the disclosing Party shall promptly notify with respect thereto. Notwithstanding the other Party of such disclosure requirement to enable the other Party to seek a protective order or other form of confidential treatment for the informationforegoing, and shall thereafter disclose only that portion of the information required to be disclosed in order to comply. ***Confidential Treatment Requested 12.3 ASLAN Information shall not use include any ALMIRALL’s Confidential Information information that the receiving Party can demonstrate through competent written or any Confidential Information which is generated or discussed in the framework of the JSC, for any purpose other than in connection with the compliance of ASLAN’s obligations under this Agreement.documentary evidence:

Confidentiality and Non-Use Obligations. 12.1 ASLAN acknowledges Each Party agrees that all the ALMIRALL Confidential Information is confidential and proprietary disclosed to ALMIRALL and agrees to such Party or any of such Party’s Affiliates by or on behalf of the Disclosing Party or an Affiliate of the Disclosing Party (i) maintain such Confidential Information will not be used by the Receiving Party or its Permitted Recipients except as authorized under this Agreement and in confidence during connection with the Term activities contemplated by this Agreement or in order to further the purposes of this Agreement and for a period of […***…] thereafter and (ii) use will be maintained in confidence by the Receiving Party and appropriately disclose such Party’s Affiliates, with a degree of care that is not less than the Receiving Party typically exercises with respect to its own Confidential Information solely for and in any case with not less than reasonable care. Each Party agrees that, in the purpose performance of performing its obligations hereunder or to exercise the rights granted to it hereunder. ASLAN covenants that it shall not disclose any such Confidential Information except to its employees, agents or any other Person under its authorization; provided, that such employees, agents or Persons under its authorization who have access to such Confidential Information have been advised by ASLAN of ASLAN’s obligations under this Agreement, it will not disclose to the other Party any trade secrets except pursuant to the terms of, and are contractually (procedures set forth in, the DMSA. The Receiving Party of trade secrets disclosed thereby agrees that it will, upon request, provide to the Disclosing Party a certification that access to and use of such trade secrets is being controlled in writing) or legally bound by accordance with this Agreement. The Disclosing Party will have, at its sole expense and through a mutually agreed-upon Third Party, subject to confidentiality and non-use obligations not no less stringent restrictive than those set forth in this Agreement prior herein, the right to any such disclosure. ASLAN shall be responsible to ALMIRALL for verify the compliance accuracy of such Persons with certification through an audit. Notwithstanding any other provision of this Agreement. For its part, ALMIRALL agrees disclosure of Confidential Information will not be prohibited to maintain in confidence and not the extent required to usecomply with Applicable Laws, during the Term of this Agreement and for or with a period of […***…] thereafter, ASLAN’s Confidential Informationvalid court or administrative order, provided that ALMIRALL retains the right to use and disclose any such ASLAN Confidential Information to a Thirty Receiving Party strictly on a need to know basis and directly in connection with the conduct of further development of products for topical use and/or for dermatology diseases and with the exercise any of ALMIRALL’s commercialization rights upon exercising the first negotiation right described in Section 2.5. 12.2 The confidentiality obligations and use restrictions set forth in Section 12.1 shall not apply to Confidential Information which: will (ia) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the receiving Party; (ii) is received from a Third Party on an unrestricted basis, where such Third Party is authorized to disclose the information; (iii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of the receiving Party in breach of this Agreement; or (iv) is required to be disclosed to a competent authority in accordance with a mandatory applicable Laws, in which case the disclosing Party shall promptly notify the other Disclosing Party of any such disclosure requirement to enable or request as soon as practicable; (b) cooperate with and reasonably assist the other Disclosing Party to seek (at the Disclosing Party’s cost) if the Disclosing Party seeks a protective order or other form remedy in respect of confidential treatment for the information, and shall thereafter disclose any such disclosure; (c) furnish only that portion of the information required to be disclosed in order to comply. ***Confidential Treatment Requested 12.3 ASLAN shall not use any ALMIRALL’s Confidential Information or any Confidential Information which is generated responsive to such requirement or discussed in the framework of the JSC, for request; and (d) xxxx any purpose other than in connection with the compliance of ASLAN’s obligations under this Agreementsuch outgoing communication as “Confidential”.

Confidentiality and Non-Use Obligations. 12.1 ASLAN acknowledges that all the ALMIRALL Confidential Information is confidential and proprietary to ALMIRALL and agrees to (ia) maintain such Confidential Information in confidence during During the Term of this Agreement and for a period five (5) years thereafter without regard to the means of […***…] thereafter termination, neither Citius nor Alpex shall use, for any purpose other than the purposes of this Agreement, reveal or disclose to any Third Party information and materials disclosed by the other Party (whether prior to or during the Collaboration Term of this Agreement), and marked as confidential or for which the receiving Party knows or has reason to know are or contain trade secrets or other proprietary information of the other Party (the "Confidential Information") without first obtaining the written consent of the other Party. (b) The Parties shall take all reasonable precautions to prevent the use or disclosure of such Confidential Information without first obtaining the written consent of the other Party, except (i) as may be required for securing Regulatory Approval, including pricing approval in the Territory, or as may otherwise be required to be disclosed to an Agency in the Territory; or (ii) use as required in connection with any filings made by the Securities and appropriately disclose Exchange Commission or similar non-U.S. regulatory authorities or by the disclosure policies of a major stock exchange. Each Party agrees that prior to the release or dissemination of the other Party's Confidential Information to any Affiliate or sublicensee, such Party shall cause the person to whom such Confidential Information solely is to be released to be bound by a confidentiality agreement providing for the purpose a level of performing its obligations hereunder or to exercise the rights granted to it hereunder. ASLAN covenants that it shall not disclose any protection of such Confidential Information except at least equivalent to its employees, agents or any other Person under its authorization; provided, that such employees, agents or Persons under its authorization who have access to such the terms of this Article X. (c) These restrictions upon disclosure and use of Confidential Information have been advised by ASLAN of ASLAN’s obligations under this Agreement, and are contractually (in writing) or legally bound by confidentiality and non-use obligations not less stringent than those set forth in this Agreement prior to any such disclosure. ASLAN shall be responsible to ALMIRALL for the compliance of such Persons with this Agreement. For its part, ALMIRALL agrees to maintain in confidence and not to use, during the Term of this Agreement and for a period of […***…] thereafter, ASLAN’s Confidential Information, provided that ALMIRALL retains the right to use and disclose any such ASLAN Confidential Information to a Thirty Party strictly on a need to know basis and directly in connection with the conduct of further development of products for topical use and/or for dermatology diseases and with the exercise any of ALMIRALL’s commercialization rights upon exercising the first negotiation right described in Section 2.5. 12.2 The confidentiality obligations and use restrictions set forth in Section 12.1 shall not apply to any specific portion of Confidential Information which: (i) was generally available is Confidential Information which can be demonstrated by the recipient to have already been in the public or otherwise part possession of the public domain recipient at the time of its disclosure to by the receiving other Party; (ii) is or later becomes available to the public, as evidenced by documents which were generally published, other than by Default by the Party; (iii) is received from a Third Party on an unrestricted basis, where having legitimate possession thereof and the independent legal right to make such Third Party is authorized to disclose the informationdisclosure; (iiiiv) became generally available is information developed by the Party entirely without reference to the public or otherwise part use of the public domain after its disclosure and other than through any act or omission of the receiving Party in breach of this AgreementConfidential Information, as established by probative documentary evidence; or (ivv) is required to be disclosed by law or government regulation. (d) Citius shall restrict the review and disclosure of any patent applications to a competent authority in accordance with a mandatory applicable Lawsbe filed by Alpex to (i) Citius's executive officers and outside patent counsel, in which case until such time as such patent applications have been filed. Following the disclosing Party shall promptly notify the other Party of such disclosure requirement to enable the other Party to seek a protective order or other form of confidential treatment for the information, and shall thereafter disclose only that portion filing of the information required Alpex Patent applications such patent applications shall continue to be disclosed in order to comply. ***Confidential Treatment Requested 12.3 ASLAN shall not use any ALMIRALL’s deemed Confidential Information or any Confidential Information which is generated or discussed in subject to the framework provisions of the JSC, for any purpose other than in connection with the compliance of ASLAN’s obligations under this Agreement.Article X.