Common use of Confidentiality; Exceptions Clause in Contracts

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or proprietary information or materials furnished to it by the other Party pursuant to this Agreement (collectively, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials to the extent that it can be established by written documentation by the receiving Party that such information or material:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party (the “Receiving Party”) shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement Agreement, Confidential Information in any confidential form (written, oral, photographic, electronic, magnetic, or proprietary information or materials furnished otherwise) which is disclosed to it by the other Party pursuant to (the “Disclosing Party”) or otherwise received or accessed by a Receiving Party in the course of performing its obligations or exercising its rights under this Agreement (collectivelyAgreement, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party (the “Receiving Party”) shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential Know-How in any form (written, oral, photographic, electronic, magnetic, or proprietary information or materials furnished otherwise) that is disclosed to it by the other Party pursuant to (the “Disclosing Party”) or otherwise received or accessed by a Receiving Party in the course of performing its obligations or exercising its rights under this Agreement (collectively, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or proprietary Information and other information or and materials furnished to it by the other Party pursuant to this Agreement or any Information developed during the course of the collaboration hereunder, or any provisions of this Agreement that are the subject of an effective order of the Securities Exchange Commission granting confidential treatment pursuant to the Securities Act of 1934, as amended (collectively, “Confidential Information”"CONFIDENTIAL INFORMATION"). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the The receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or proprietary Information and other information or and materials furnished to it by the other Party pursuant to this Agreement, or any provision of this Agreement that is the subject of an effective order of the Securities Exchange Commission granting confidential treatment pursuant to the Securities Act of 1934, as amended (collectively, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or proprietary information or materials or Know-How furnished to it by the other Party pursuant to this Agreement and the terms and conditions of this Agreement (collectively, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials to the extent that it can be established by written documentation by the receiving Party that such information or material:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any information or other confidential or proprietary information or materials furnished to it by the other Party pursuant to this Agreement (collectively, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Party that such information or material:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or proprietary Know-how and other information or and materials furnished to it by the other Party pursuant to this Agreement or any Know-how developed during the course of the collaboration hereunder, or any provisions of this Agreement that are the subject of an effective order of the Securities Exchange Commission granting confidential treatment pursuant to the Securities Act of 1934 as amended (collectively, collectively “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any Information and other confidential or and proprietary information or and materials furnished to it by the other Party or developed by either Party pursuant to this Agreement (collectively, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation reasonably demonstrated by the receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or proprietary information or other confidential and proprietary materials furnished to it by the other Party pursuant to this Agreement (collectively, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed in writing by the Parties in writingparties, the Parties agree that receiving party will keep confidential, and will take such reasonable measures to maintain such Confidential Information of the receiving Party shall keep disclosing party as confidential as it takes to protect its own proprietary Confidential Information, and shall will not publish or otherwise disclose or and will not use for any purpose other than as provided for in this Agreement any confidential or proprietary information or materials Confidential Information furnished to it by the other Party party pursuant to this Agreement (collectivelyAgreement, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Party party by competent proof that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any Information and other confidential or and proprietary information or and materials furnished to it by the other Party pursuant to this Agreement or any Information developed during the term of this Agreement (collectively, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that that, the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or proprietary Information and other information or and materials furnished to it by the other Party pursuant to this Agreement, or any provisions of this Agreement that are the subject of an effective order of the Securities Exchange Commission granting confidential treatment pursuant to the Securities Act of 1934, as amended (collectively, “"Confidential Information”"). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed to by the Parties in writing, the Parties agree that the receiving Receiving Party and its Affiliates shall keep confidential confidential, and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement Agreement, any confidential or proprietary information or materials furnished to it by the other Party pursuant to this Agreement (collectively, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information of the Disclosing Party or materials any of its Affiliates, except to the extent that it can be established by written documentation by the receiving Receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or proprietary information or materials furnished to it by the other Party pursuant to this Agreement (collectively, “Confidential Information”). The terms and conditions of this Agreement shall be deemed to be the Confidential Information of each Party. Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials to the extent that it can be established by written documentation by the receiving Party that such information or material:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving each Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than for the purpose of exercising its retained rights hereunder, or performing obligations hereunder, or as otherwise provided for in this Agreement Agreement, any confidential or and proprietary information or and materials furnished to it by of the other Party pursuant to this Agreement (collectively, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include any information or materials to the extent that it can be established by written documentation by the receiving Party party that such information or materialinformation:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party (the “Receiving Party”) shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement Confidential Information in any confidential form (written, oral, photographic, electronic, magnetic, or proprietary information or materials furnished otherwise) which is disclosed to it by the other Party pursuant to (the “Disclosing Party”) or otherwise received or accessed by a Receiving Party in the course of performing its obligations or exercising its rights under this Agreement (collectivelyAgreement, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or proprietary Know-how and other information or and materials furnished to it by the other Party or the other Party’s Affiliates or sublicensees pursuant to this Agreement, or any provisions of this Agreement that are the subject of an effective order of the Securities Exchange Commission granting confidential treatment pursuant to the Exchange Act of 1934 as amended (collectively, collectively “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party shall keep confidential and shall not publish or otherwise disclose or and shall not use for any purpose other than as provided for in this Agreement any Information and other confidential or and proprietary information or and materials furnished to it by the other Party pursuant to this Agreement (collectively, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or and materials to the extent that it can be established by written documentation by the receiving Party that such information or material:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that a Party receiving (the receiving “Receiving Party”) any confidential or proprietary information and materials furnished to it by the other Party (the “Disclosing Party”) pursuant to this Agreement (collectively, “Confidential Information”) shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or proprietary information or materials furnished to it by the other Party pursuant to this Agreement (collectivelyAgreement, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any Information and other confidential or and proprietary information or and materials furnished to it by the other Party pursuant to this Agreement or any Information developed during the term of this Agreement (collectively, “"Confidential Information”"). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or and proprietary information or and materials furnished to it by the other Party pursuant to this Agreement or any information developed during the term of this Agreement (collectively, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or proprietary Information and other information or and materials furnished to it by the other Party pursuant to this Agreement or any Information developed during the course of the collaboration hereunder, or any provisions of this Agreement that are the subject of an effective order of the Securities Exchange Commission granting confidential treatment pursuant to the Securities Act of 1934 as amended (collectively, “collectively "Confidential Information”"). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that that, for the term of this Agreement and for [*] thereafter, the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or proprietary Information and other information or and materials furnished to it by the other Party pursuant to this Agreement Agreement, including, but not limited to, financial statements and budgets (collectively, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that that, during the term of this Agreement and for [*] years thereafter, the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or and proprietary information or and materials furnished to it by the other Party pursuant to this Agreement (collectively, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include any information or materials to the extent that it can be established by written documentation by the receiving Party that such information or materialinformation:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that that, for the term of this Agreement and thereafter, the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or proprietary Information and other information or and materials furnished to it by the other Party pursuant to this Agreement, or any provisions of this Agreement other than those that may become publicly available in connection with filings made in compliance with requirements of the Securities and Exchange Commission (collectively, “collectively referred to as "Confidential Information”). Notwithstanding the foregoing") and subject to Section 9.2, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or proprietary Information and other information or and materials furnished to it by the other Party pursuant to this Agreement or any Information developed during the course of the collaboration hereunder, or any provisions of this Agreement that are the subject of an effective order of the Securities Exchange Commission granting confidential treatment pursuant to the Securities Act of 1934 as amended (collectively, collectively “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party (the “Receiving Party”) shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement Agreement, Confidential Information in any confidential form (written, oral, photographic, electronic, magnetic, or proprietary information or materials furnished otherwise) which is disclosed to it by the other Party pursuant to (the “Disclosing Party”) or otherwise received or accessed by a Receiving Party in the course of performing its obligations or exercising its rights under this Agreement (collectivelyAgreement, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that that, for the term of this Agreement and for [*] thereafter, the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or proprietary Information and other information or and materials furnished to it by the other Party pursuant to this Agreement Agreement, including, but not limited to, financial statements and budgets of GenXOMA (collectively, “"Confidential Information”"). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party (the “Receiving Party”) shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement Confidential Information in any confidential form (written, oral, photographic, electronic, magnetic, or proprietary information or materials furnished otherwise) which is disclosed to it by the other Party pursuant to (the “Disclosing Party”) or otherwise received or accessed by a Receiving Party in the course of performing its obligations or exercising its rights under this Agreement (collectivelyAgreement, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or proprietary information or materials furnished to it by the other Party pursuant to this Agreement (collectively, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall EXECUTION COPY not be deemed to include information or materials to the extent that it can be established by written documentation by the receiving Party that such information or material:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as expressly provided for in this Agreement any confidential or proprietary information or materials furnished to it by the other Party pursuant to this Agreement or any confidentiality agreement previously entered into by and between the Parties (collectively, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials to the extent that it can be established by written documentation by the receiving Party that such information or material:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that that, the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or proprietary Information and other information or and materials furnished to it by the other Party pursuant to this Agreement, or any provisions of this Agreement that are the subject of an effective order of the Securities Exchange Commission granting confidential treatment pursuant to the Securities Act of 1934, as amended (collectively, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials except to the extent that it can be established by written documentation by the receiving Party that such information or materialConfidential Information:

Confidentiality; Exceptions. Except to the extent expressly authorized by this Agreement or otherwise agreed by the Parties in writing, the Parties agree that the receiving Party shall keep confidential and shall not publish or otherwise disclose or use for any purpose other than as provided for in this Agreement any confidential or proprietary information or materials furnished to it by the other Party pursuant to this Agreement and the terms and conditions of this Agreement (collectively, “Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not be deemed to include information or materials to the extent that it can be established by written documentation by the receiving Party that such information or material: