Common use of Confidentiality Concerning LRC’s Proprietary Information Clause in Contracts

Confidentiality Concerning LRC’s Proprietary Information. Each Participant agrees to use reasonable precautions to keep confidential any “proprietary information” of LRC (as defined in the Lease) that such Participant may receive from BNPPLC or LRC or otherwise discover with respect to LRC or LRC’s business as a result of Participant’s involvement with the transactions contemplated in the Operative Documents, except for disclosures: (i) specifically and previously authorized in writing by LRC; (ii) to any assignee of the Participant as to any interest hereunder so long as such assignee has agreed in writing to use its reasonable efforts to keep such information confidential in accordance with the terms of this Paragraph; (iii) to legal counsel, accountants, auditors, environmental consultants and other professional advisors to the Participant so long as the Participant informs such persons in writing (if practicable) of the confidential nature of such information and directs them to treat such information confidentially; (iv) to regulatory officials having jurisdiction over the Participant (although the disclosing party will request confidential treatment of the disclosed information, if practicable); (v) as required by legal process (although the disclosing party will request confidential treatment of the disclosed information, if practicable); and (vi) of information which has previously become publicly available through the actions or inactions of a person other than the Participant not, to the Participant’s knowledge, in breach of an obligation of confidentiality to LRC. Further, notwithstanding any other contrary provision contained in this Agreement or any related agreements by which any Participant is bound, BNPPLC and Participants (and each of their respective employees, representatives or other agents) may disclose, without limitation of any kind, the tax treatment and tax structure of the transactions contemplated by this Agreement or the Operative Documents 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, other than any information for which non-disclosure is reasonably necessary in order to comply with applicable securities laws. [The signature pages follow.] Annex 4 — Page 28 IN WITNESS WHEREOF, this Participation Agreement (Livermore/Parcel 7) is executed to be effective as of , 20___. BNP PARIBAS LEASING CORPORATION, a Delaware corporation By: Lxxxx X. Xxx, Managing Director [Continuation of signature pages for Participation Agreement (Livermore/Parcel 7) dated as of _________, 20___.] By: Name (print): Title (print): SCHEDULE 1 A. BNPPLC: BNP PARIBAS LEASING CORPORATION, a Delaware corporation 1. Amount Retained: $

Confidentiality Concerning LRC’s Proprietary Information. Each Participant agrees to use reasonable precautions to keep confidential any “proprietary information” of LRC (as defined in the Lease) that such Participant may receive from BNPPLC or LRC or otherwise discover with respect to LRC or LRC’s business as a result of Participant’s involvement with the transactions contemplated in the Operative Documents, except for disclosures: (i) specifically and previously authorized in writing by LRC; (ii) to any assignee of the Participant as to any interest hereunder so long as such assignee has agreed in writing to use its reasonable efforts to keep such information confidential in accordance with the terms of this Paragraph; (iii) to legal counsel, accountants, auditors, environmental consultants and other professional advisors to the Participant so long as the Participant informs such persons in writing (if practicable) of the confidential nature of such information and directs them to treat such information confidentially; (iv) to regulatory officials having jurisdiction over the Participant (although the disclosing party will request confidential treatment of the disclosed information, if practicable); (v) as required by legal process (although the disclosing party will request confidential treatment of the disclosed information, if practicable); and (vi) of information which has previously become publicly available through the actions or inactions of a person other than the Participant not, to the Participant’s knowledge, in breach of an obligation of confidentiality to LRC. Further, notwithstanding any other contrary provision contained in this Agreement or any related agreements by which any Participant is bound, BNPPLC and Participants (and each of their respective employees, representatives or other agents) may disclose, without limitation of any kind, the tax treatment and tax structure of the transactions contemplated by this Agreement or the Operative Documents 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, other than any information for which non-disclosure is reasonably necessary in order to comply with applicable securities laws. [The signature pages follow.] Annex 4 3 — Page 28 IN WITNESS WHEREOF, this Participation Agreement (Livermore/Parcel 7) is executed to be effective as of , 20___. BNP PARIBAS LEASING CORPORATION, a Delaware corporation By: Lxxxx X. Xxx, Managing Director [Continuation of signature pages for Participation Agreement (Livermore/Parcel 7) dated as of _________, 20___.] By: Name (print): Title (print): SCHEDULE 1 A. BNPPLC: BNP PARIBAS LEASING CORPORATION, a Delaware corporation 1. Amount Retained: $33

Confidentiality Concerning LRC’s Proprietary Information. Each Participant agrees to use reasonable precautions to keep confidential any “proprietary information” of LRC (as defined in the Lease) that such Participant may receive from BNPPLC or LRC or otherwise discover with respect to LRC or LRC’s business as a result of Participant’s involvement with the transactions contemplated in the Operative Documents, except for disclosures: (i) specifically and previously authorized in writing by LRC; (ii) to any assignee of the Participant as to any interest hereunder so long as such assignee has agreed in writing to use its reasonable efforts to keep such information confidential in accordance with the terms of this Paragraph; (iii) to legal counsel, accountants, auditors, environmental consultants and other professional advisors to the Participant so long as the Participant informs such persons in writing (if practicable) of the confidential nature of such information and directs them to treat such information confidentially; (iv) to regulatory officials having jurisdiction over the Participant (although the disclosing party will request confidential treatment of the disclosed information, if practicable); (v) as required by legal process (although the disclosing party will request confidential treatment of the disclosed information, if practicable); and (vi) of information which has previously become publicly available through the actions or inactions of a person other than the Participant not, to the Participant’s knowledge, in breach of an obligation of confidentiality to LRC. Further, notwithstanding any other contrary provision contained in this Agreement or any related agreements by which any Participant is bound, BNPPLC and Participants (and each of their respective employees, representatives or other agents) may disclose, without limitation of any kind, the tax treatment and tax structure of the transactions contemplated by this Agreement or the Operative Documents 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, other than any information for which non-disclosure is reasonably necessary in order to comply with applicable securities laws. [The signature pages follow.] Annex 4 — Page 28 IN WITNESS WHEREOF, this Participation Agreement (Livermore/Parcel 76) is executed to be effective as of , 20___. BNP PARIBAS LEASING CORPORATION, a Delaware corporation By: Lxxxx X. Xxx, Managing Director Annex 4 — Page 29 [Continuation of signature pages for Participation Agreement (Livermore/Parcel 76) dated as of _________, 20___.] By: Name (print): Title (print): SCHEDULE 1 A. BNPPLC: BNP PARIBAS LEASING CORPORATION, a Delaware corporation 1. Amount Retained: $

Confidentiality Concerning LRC’s Proprietary Information. Each Participant agrees to use reasonable precautions to keep confidential any “proprietary information” of LRC (as defined in the Lease) that such Participant may receive from BNPPLC or LRC or otherwise discover with respect to LRC or LRC’s business as a result of Participant’s involvement with the transactions contemplated in the Operative Documents, except for disclosures: (i) specifically and previously authorized in writing by LRC; (ii) to any assignee of the Participant as to any interest hereunder so long as such assignee has agreed in writing to use its reasonable efforts to keep such information confidential in accordance with the terms of this Paragraph; (iii) to legal counsel, accountants, auditors, environmental consultants and other professional advisors to the Participant so long as the Participant informs such persons in writing (if practicable) of the confidential nature of such information and directs them to treat such information confidentially; (iv) to regulatory officials having jurisdiction over the Participant (although the disclosing party will request confidential treatment of the disclosed information, if practicable); (v) as required by legal process (although the disclosing party will request confidential treatment of the disclosed information, if practicable); and (vi) of information which has previously become publicly available through the actions or inactions of a person other than the Participant not, to the Participant’s knowledge, in breach of an obligation of confidentiality to LRC. Further, notwithstanding any other contrary provision contained in this Agreement or any related agreements by which any Participant is bound, BNPPLC and Participants (and each of their respective employees, representatives or other agents) may disclose, without limitation of any kind, the tax treatment and tax structure of the transactions contemplated by this Agreement or the Operative Documents 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, other than any information for which non-disclosure is reasonably necessary in order to comply with applicable securities laws. [The signature pages follow.] Annex 4 3 — Page 28 33 IN WITNESS WHEREOF, this Participation Agreement (Livermore/Parcel 7) is executed to be effective as of , 20___. BNP PARIBAS LEASING CORPORATION, a Delaware corporation By: Lxxxx X. Xxx, Managing Director [Continuation of signature pages for Participation Agreement (Livermore/Parcel 7) dated as of _________, 20___.] By: Name (print): Title (print): SCHEDULE 1 A. BNPPLC: BNP PARIBAS LEASING CORPORATION, a Delaware corporation 1. Amount Retained: $