Common use of Confidentiality; Press Releases Clause in Contracts

Confidentiality; Press Releases. (a) Reliant and ASL will be exchanging confidential and proprietary information relating to the Active Ingredient and Products and their respective businesses at the inception of and from time to time during the term of this Agreement. The party receiving such information will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(a), (i) Reliant shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has with respect to the other’s confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules or regulations (including in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written or oral, whether to the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcement.

Confidentiality; Press Releases. (a) Reliant Ethicon and ASL Genetronics will be exchanging confidential and proprietary information relating to the Active Ingredient and Products and their respective businesses at the inception of and from time to time during the term of this Agreement. Any such information which is considered by the disclosing party to be confidential will be identified in writing as confidential information or, if disclosed orally or in another non-written manner, shall be confirmed in writing as being confidential promptly after the disclosure thereof. The party receiving such information will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidenceconfidence during the term of this Agreement and for a period of five years thereafter. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party or (v) is developed independently by or for the receiving party. Such obligation , (vi) is required to be disclosed to comply with a court or administrative subpoena or order; provided, however, that the receiving party first uses reasonable efforts to obtain an order preserving the confidentiality of any Confidential Information, and provided, further, that the receiving party gives the other party timely notice of the contemplated disclosure to provide the disclosing party the opportunity to intervene to preserve the confidentiality shall continue for a period of five any Confidential Information, or (5vii) years from is required to be disclosed under applicable laws, rules or regulations, including, without limitation, the date rules and regulations of termination of this Agreementthe Toronto Stock Exchange or other governmental bodies. (b) Notwithstanding the foregoing Section 4.1(a)paragraph (a) above, (i) Reliant Ethicon shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, wholesalers and other direct customers, investment bankers and/or financing sources customers such confidential information relating to the Products and this Agreement as Reliant Ethicon shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided that such entities undertake are bound by the same confidentiality obligation as the disclosing party of Ethicon has with respect to the other’s Genetronics confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its servicesinformation. (c) Except as may be required by applicable laws, rules or regulations (including in connection with a public offering of securities), neither No party will to this Agreement shall originate any publicity, news release, release or other public announcement, announcement written or oral, whether to the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, Agreement or the existence of an any arrangement between the parties, without the prior written approval consent of any other party named in such publicity, news release or other public announcement, except where such publicity, news release or other public announcement is required by law; provided that in such event, the party issuing same shall still be required to consult with the other party or parties named in such publicity, news release or public announcement a reasonable time (being not less than 48 hours) prior to its release to allow the named party or parties to comment on the use of its name and, after its release, shall provide the named party or parties with a copy thereof. (d) Neither party shall use the name of the other for advertising or promotional claims without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcement.

Confidentiality; Press Releases. (a) Reliant and ASL will be exchanging confidential and proprietary information relating to Borrower shall not disclose the Active Ingredient and Products and their respective businesses at the inception of and from time to time during the term contents of this Agreement. The party receiving such information will maintain Agreement and the information in confidence using the same standard of care it uses other Financing Agreements to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a any third party who has no obligation of confidentiality to the disclosing party (including, without limitation, any financial institution or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(aintermediary), (i) Reliant shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has with respect to the other’s confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be unless required by applicable lawsLaws or by any subpoena, rules judicial order or similar legal process, without Administrative Agent’s prior written consent, other than to Borrower’s officers, lawyers and other professional advisors on a need-to-know basis, Omega, the Aviv Lessor, and in connection with any filings required to be made under any applicable federal or state securities laws or regulations (“Securities Laws”). Borrower agrees to inform all such Persons who receive information concerning this Agreement that such information is confidential and may not be disclosed to any other Person, except as required by applicable Laws, including in connection with a public offering of securities)Securities Laws, neither or by any subpoena, judicial order or similar legal process. No party will originate hereto shall, and no party hereto shall permit its Affiliates to, at any publicity, news release, time issue any press release or other public announcementdisclosure using the name of any Borrower, written Lender, Administrative Agent or oral, whether to the public press any of their respective Affiliates or otherwise, relating referring to this Agreement, any amendment hereto or to performance hereunder, Agreement or the existence of an arrangement between other Financing Agreements without at least two (2) Business Days prior written notice to Borrower, Administrative Agent and the partiesapplicable Lender and, except for press releases or other public disclosures required under applicable Securities Laws, without the prior written approval consent of Borrower, Administrative Agent and the other partyapplicable Lender, which consent shall not unreasonably be withheld, conditioned or delayed. Upon Borrower’s prior written consent, which consent shall not unreasonably withheld be withheld, conditioned or delayed delayed, each Lender and Administrative Agent may publish or disseminate a tombstone or -108- similar advertising material relating to the financing transactions contemplated by this Agreement. Nothing contained in this Agreement is intended to permit or authorize Borrower to make any contract on behalf of Administrative Agent or any Lender. Each of the Administrative Agent and the Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to each of its and its Affiliates’ respective directors, officers, managers, employees and agents, including, without limitation, accountants, legal counsel and other professional advisors (it being understood that the Persons to whom such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is made will be informed of the confidential nature of such information and instructed to keep such Information confidential), (b) to the extent requested by any regulatory authority, (c) to the extent required by applicable lawLaws or regulations or by any subpoena, rules judicial order or regulationssimilar legal process or bank regulatory process, then (d) to any other party to this Agreement or any other Financing Agreement, (e) in connection with the party required exercise of any remedies hereunder or under any Financing Agreement or any suit, action or proceedings relating to so disclose such information shallthis Agreement or any Financing Agreement or the enforcement of rights hereunder or thereunder, or (f) subject to an agreement containing provisions substantially the same as those of this Section 12.22, to the extent possibleany assignee of or Participant in, provide to the other party for or any prospective assignee of or Participant in, any of its approval (such approval not to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving rights or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcementobligations under this Agreement.

Confidentiality; Press Releases. (a) Reliant 11.1 Confidentiality and ASL will be exchanging confidential Non-Disclosure. Salton agrees that any and all information in any form that is provided to Salton or any of its representatives as part of this Agreement is provided and received in confidence, and Salton, shall at all times preserve and protect the confidentiality of such information, and of any other proprietary or non-public information of or relating to the Active Ingredient and Products and their respective businesses at the inception Kmart or any of and from time to time its related companies of which it or any of its representatives becomes aware or acquires during the term performance of this Agreement (such information is hereinafter referred to as "Confidential Information"). Salton also agrees that it shall take all reasonable steps to ensure that such Confidential Information will not be disclosed to, or used by any person, association or entity except its own employees, and then only to the extent necessary to permit it to perform this Agreement. Each of Salton and Kmart agrees to keep the Minimum Product Orders, pricing, and Term of this Agreement (including rights of extension and termination) strictly confidential, except that each of Salton and Kmart shall be permitted to disclose any and all information concerning the transactions contemplated hereby to the extent it is legally required to do so, whether under applicable securities laws or otherwise, provided, that Salton will use its reasonable best efforts to file with the Securities and Exchange Commission or any other applicable regulator or court a request for confidential treatment of the pricing and other business terms set forth in this Agreement. In the course of performance of this Agreement, Salton may disclose certain information to Kmart which Salton considers proprietary and confidential. The party receiving In order to be considered as proprietary and confidential and, thus, subject to the following restrictions, Salton must comply with both of the following requirements prior to disclosure of the information: (i) the information must be clearly and conspicuously identified in writing as "PROPRIETARY AND CONFIDENTIAL INFORMATION OF SALTON'; and (ii) Salton must limit its dissemination of the information to an authorized representative of Kmart (i.e., one listed on attached Exhibit E) with a need to know such information will in furtherance of the performance of this Agreement (the "Authorized Recipient") Provided Salton has complied with (i) and (ii) above, the Authorized Recipient shall maintain the confidentiality of such information to the same extent Kmart protects its own proprietary information and shall not disclose it to anyone other than Kmart employees, agents and/or consultants with a need to know who shall also be subject to this restriction. Confidential Information shall not include information that a party can demonstrate by written evidence: (i) is in the public domain (provided that information in confidence using the same standard public domain has not and does not come into the public domain as a result of care it uses to maintain the disclosure by the receiving party or any of its own information in confidence. Such obligation of confidentiality shall not apply to information which Affiliates); (iii) is known to the receiving party or any of its Affiliates prior to the disclosure, (ii) is publicly known as of disclosure by the date of the disclosure, other party; or (iii) becomes publicly known after available to the date of disclosure through no fault of the receiving party, (iv) is received party on a non-confidential basis from a third source other than an Affiliate of that party who has no obligation of confidentiality to or the disclosing party or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(a), (i) Reliant shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has with respect to the other’s confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules or regulations (including in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written or oral, whether to the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcement.

Confidentiality; Press Releases. (a) Reliant Ethicon and ASL Genetronics will be exchanging confidential and proprietary information relating to the Active Ingredient and Products and their respective businesses Drug Delivery System at the inception of and from time to time during the term of this Agreement. Any such information which is considered by the disclosing party to be confidential will be identified in writing as confidential information or, if disclosed orally or in another non-written manner, shall be confirmed in writing as being confidential promptly after the disclosure thereof. The party receiving such information will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidenceconfidence during the term of this Agreement and for a period of five years thereafter. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party Third Party who has no obligation of confidentiality to the disclosing party or party, (v) is developed independently by or for the receiving party. Such obligation , (vi) is required to be disclosed to comply with a court or administrative subpoena or order, provided the receiving party first uses reasonable effort to obtain an order preserving the confidentiality of the confidential information and provided that the receiving party gives the other party timely notice off the contemplated disclosure to provide the disclosing party the opportunity to intervene to preserve the confidentiality shall continue for a period of five the information, or (5vii) years from is required to be disclosed under applicable laws, rules or regulations, including, without limitation, the date rules and regulations of termination of this Agreementthe Toronto Stock Exchange or other governmental bodies. (b) Notwithstanding the foregoing Section 4.1(a)paragraph (a) above, (i) Reliant Ethicon shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, wholesalers and other direct customers, investment bankers and/or financing sources customers such confidential information relating to the Products and this Agreement Drug Delivery System as Reliant Ethicon shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, Drug Delivery System provided that such entities undertake are bound the same confidentiality obligation as the disclosing party obligations that Ethicon has with respect to the other’s Genetronics confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its servicesinformation. (c) Except as may be required by applicable laws, rules or regulations (including in connection with a public offering of securities), neither No party will to this Agreement shall originate any publicity, news release, release or other public announcement, written or oral, whether to the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, Agreement or the existence of an any arrangement between the parties, without the prior written consent of any other party named in such publicity, news release or other public announcement, except where such publicity, news release or other public announcement is required by law; provided that in such event, the party issuing same shall still be required to consult with the other party or parties named in such publicity, news release or public announcement a reasonable time (being not less than 48 hours) prior to its release to allow the named party or parties to comment on the use of its name and, after its release, shall provide the named party or parties with a copy thereof. No prior approval will be required for a press release substantially in the form attached hereto as Exhibit G to be issued by Genetronics on or about the Effective Date. (d) Neither party shall use the name of the other for advertising or promotional claims without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcement.

Confidentiality; Press Releases. (a) Reliant and ASL will Neither Seller nor Purchaser shall make any public announcement, press release or disclosure of the transactions contemplated under this Agreement, nor any information related to this Agreement, to outside brokers, media or third parties, before or after the Closing, without the prior written specific consent of the other party, not to be exchanging confidential and proprietary information relating unreasonably withheld; provided, however, that Purchaser may, subject to the Active Ingredient and Products and their respective businesses at the inception provisions of and from time to time during the term Section 4.7, make disclosure of this Agreement. The party receiving such information will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(a), (i) Reliant shall be permitted to disclose Agreement to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement Permitted Outside Parties as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has with respect to the other’s confidential information hereunder and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules under laws or regulations (including applicable to Purchaser. Without limiting the foregoing requirement for Seller approval, the name “Crow Holdings” shall not be used or referenced in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written press release or oral, whether disclosure relating to the public press or otherwise, relating to transactions contemplated under this Agreement. Purchaser acknowledges and agrees that the use of such name in any public announcement, any amendment hereto press release or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation disclosure is not intended accurate and Purchaser will instruct Purchaser’s partners, lenders, investors, brokers, agents, employees, officers, directors, attorneys and representatives (collectively, the “Purchaser Parties”) to restrict either party’s ability to promotecomply with this provision. Notwithstanding the foregoing, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheldi) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such each party shall be deemed entitled to have approved make disclosures concerning this Agreement and materials provided hereunder to its lenders, attorneys, accountants, employees, agents and other service professionals as may be reasonably necessary in furtherance of the public announcementtransactions contemplated hereby, (ii) Purchaser shall be entitled to make disclosures concerning this transaction and materials provided hereunder to its potential debt and equity sources, and (iii) each party shall be entitled to make such disclosures concerning this Agreement and materials provided hereunder as may be necessary to comply with (a) any court order, (b) the directive of any applicable governmental authority, or (c) any applicable securities law, rule and/or regulation.

Confidentiality; Press Releases. 38.01. Landlord acknowledges that it may have access to certain confidential information of Tenant concerning Tenant’s businesses, facilities, operations, plans, proprietary software, technology, and products (a) Reliant and ASL will be exchanging confidential and proprietary “Confidential Information”). Confidential Information shall not include any information relating that is available to the Active Ingredient general public (e.g., SEC filings). Landlord agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by this lease, nor disclose to any third party (except public filings and Products other information available to the general public, as required by law (including, without limitation, any plans and their respective businesses at specifications, drawings or other like items which must be submitted to or filed with any governmental agency), judicial proceeding or to its attorneys, accountants, and other advisors and investors, mortgagees and prospective purchasers of the inception Real Property, but only as reasonably necessary and subject to the confidentiality provisions hereof), any of Tenant’s Confidential Information or any of the terms and from time to time during the term conditions of this Agreementlease and will take reasonable precautions to protect the confidentiality of such Confidential Information and the terms and conditions of this lease (in each case, except as permitted hereby). Tenant agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by this lease, nor disclose to any third party (except public filings and other information available to the general public, as required by law, judicial proceeding or to its attorneys, accountants, and other advisors, but only as reasonably necessary and subject to the confidentiality provisions hereof), any of the terms and conditions of this lease and will take reasonable precautions to protect the confidentiality of the terms and conditions of this lease (except as permitted hereby). The party receiving such information will maintain obligations of Landlord and Tenant under this Section 38.01 shall survive the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party expiration or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreementlease. 38.02. Neither party hereto may issue (bor cause to be issued) a press release or written statement to the press with respect or concerning this lease or the terms hereof without the express consent of the other party hereto. Notwithstanding the foregoing Section 4.1(a)foregoing, (i) Reliant either party shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources issue any such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be press release or written statement that is necessary in order to effectively market and distribute the Products comply with Legal Requirements. Furthermore, upon notice from Tenant that any of Landlord’s advertisements or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information press releases are not consistent with Tenant’s corporate policies relating to the Active Ingredient public relations, Landlord shall endeavor to cause its advertisements and Products as ASL may reasonably determine press releases to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has consistent with respect to the otherTenant’s confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules or regulations (including in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written or oral, whether to the public press or otherwise, corporate policies relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, public relations to the extent possiblesame are commercially reasonable. 38.03. Tenant recognizes that Landlord makes extensive disclosures to its investors and that it is not feasible to require confidentiality from its investors and that Landlord will make extensive disclosures to its lenders, provide to secured and unsecured, rating agencies, prospective purchasers and other parties in the other party for ordinary course of its approval (such approval not to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving ownership of the public announcement from Real Property. Tenant agrees that no such disclosures made in the party with the right ordinary course of approval by the end of such ten (10) day period, such party Landlord’s business shall be restricted by or deemed to have approved a breach by Landlord of this Article 38. The provisions of this Section 38.03 shall only apply in the public announcementcase that the Landlord is XX Xxxxx Realty Corp. or an affiliate thereof.

Confidentiality; Press Releases. (a) Reliant and ASL will be exchanging confidential and proprietary information relating to Borrower shall not disclose the Active Ingredient and Products and their respective businesses at the inception of and from time to time during the term contents of this Agreement. The party receiving such information will maintain Agreement and the information in confidence using the same standard of care it uses other Financing Agreements to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a any third party who has no obligation of confidentiality to the disclosing party (including, without limitation, any financial institution or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(aintermediary), (i) Reliant shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has with respect to the other’s confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be unless required by applicable lawsLaws or by any subpoena, rules judicial order or similar legal process, without Administrative Agent’s prior written consent, other than to Borrower’s officers, lawyers and other professional advisors on a need-to-know basis, and in connection with any filings required to be made under any applicable federal or state securities laws or regulations (“Securities Laws”). Borrower agrees to inform all such Persons who receive information concerning this Agreement that such information is confidential and may not be disclosed to any other Person, except as required by applicable Laws, including in connection with a public offering of securities)Securities Laws, neither or by any subpoena, judicial order or similar legal process. No party will originate hereto shall, and no party hereto shall permit its Affiliates to, at any publicity, news release, time issue any press release or other public announcementdisclosure using the name of any Borrower, written Lender, Administrative Agent or oral, whether to the public press any of their respective Affiliates or otherwise, relating referring to this Agreement, any amendment hereto or to performance hereunder, Agreement or the existence of an arrangement between other Financing Agreements without at least two (2) Business Days prior written notice to Borrower, Administrative Agent and the partiesapplicable Lender and, except for press releases or other public disclosures required under applicable Securities Laws, without the prior written approval consent of Borrower, Administrative Agent and the other partyapplicable Lender, which consent shall not unreasonably be withheld, conditioned or delayed. Upon Borrower’s prior written consent, which consent shall not unreasonably withheld be withheld, conditioned or delayed delayed, each Lender and Administrative Agent may publish or disseminate a tombstone or similar advertising material relating to the financing transactions contemplated by this Agreement. Nothing contained in this Agreement is intended to permit or authorize Borrower to make any contract on behalf of Administrative Agent or any Lender. Each of the Administrative Agent and the Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to each of its and its Affiliates’ respective directors, officers, managers, employees and agents, including, without limitation, accountants, legal counsel and other professional advisors (it being understood that the Persons to whom such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is made will be informed of the confidential nature of such information and instructed to keep such Information confidential), (b) to the extent requested by any regulatory authority, (c) to the extent required by applicable lawLaws or regulations or by any subpoena, rules judicial order or regulationssimilar legal process or bank regulatory process, then (d) to any other party to this Agreement or any other Financing Agreement, (e) in connection with the party required exercise of any remedies hereunder or under any Financing Agreement or any suit, action or DM3\2429630.8 proceedings relating to so disclose such information shallthis Agreement or any Financing Agreement or the enforcement of rights hereunder or thereunder, or (f) subject to an agreement containing provisions substantially the same as those of this Section 12.22, to the extent possibleany assignee of or Participant in, provide to the other party for or any prospective assignee of or Participant in, any of its approval (such approval not to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving rights or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcementobligations under this Agreement.

Confidentiality; Press Releases. (ai) Reliant and ASL will be exchanging confidential and proprietary information relating Before releasing a press release or other public disclosure announcing the transactions covered by this Agreement, a Party shall provide a draft of same to the Active Ingredient other Party for review, input and Products and their respective businesses at the inception of and from time to time during the term of this Agreementconsent. The party receiving Parties agree to cooperate in good faith to review, provide input and consider in good faith any such information will maintain input, prior to releasing such proposed disclosure. (ii) NATIONAL GENERAL agrees to protect the information in confidence using source code, and other materials marked as “Confidential” or “Proprietary” (or that a reasonable person would understand to be confidential) for the Required AMTRUST Programs provided to NATIONAL GENERAL hereunder with the same level of security NATIONAL GENERAL accords to its own most sensitive source code and/or materials of a similar nature, and in no event less than a reasonable standard of care it uses care. NATIONAL GENERAL shall not authorize or permit any Required AMTRUST Programs, or any portion thereof, to maintain become governed by or subject to an “open source” or similar license that could require NATIONAL GENERAL to license or make its source code available if any Required AMTRUST Programs are made available, licensed, conveyed, or distributed to third parties. (iii) AMTRUST agrees to protect the source code, and other materials marked as “Confidential” or “Proprietary” (or that a reasonable person would understand to be confidential) for the NPS System that are part of the Retained Copies or provided to NATIONAL GENERAL hereunder with the same level of security AMTRUST accords to its own information most sensitive source code and/or materials of a similar nature, and in confidenceno event less than a reasonable standard of care. Such obligation AMTRUST shall not authorize or permit the NPS System, or any portion thereof, to become governed by or subject to an “open source” or similar license that could require AMTRUST to license or make its source code available if any NPS System is made available, licensed, conveyed, or distributed to third parties. (iv) The restrictions of Sections 16(l)(ii) and 16(l)(iii) above with respect to confidentiality shall not be deemed to limit the Parties’ sublicensing and assignment rights permitted hereunder, provided that all sublicensees and assignees are subject to written obligations reflecting such restrictions and that each of the Parties remains ultimately liable to the other Party for breaches of same by its sublicensees. (v) The restrictions of confidentiality herein shall not apply to information which (i) is known any disclosures that are required by applicable law, statute, rule, regulation, court order, subpoena, document demand or legal process or to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from enforce a third party who has no obligation of confidentiality to the disclosing party or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(a), (i) Reliant shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be necessary Party’s rights in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has with respect to the other’s confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules or regulations (including in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written or oral, whether to the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of Party shall notify the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market Party as soon as legally permitted and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required cooperate with all attempts by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not Party to be unreasonably withheld) obtain a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving protective order or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcementsimilar treatment.

Confidentiality; Press Releases. Except and to the extent required by applicable law (aincluding, without limitation, Buyer’s obligation to file a report on Form 8-K with the Securities and Exchange Commission and issue a press release in connection with the execution and delivery of this Agreement) Reliant and ASL will the rules and regulations of the American Stock Exchange, and except as may be exchanging confidential necessary to consummate the transactions contemplated hereby, until the Closing no party hereto shall disclose the existence of this Agreement, or any of the terms or provisions hereof, or make any press release or similar disclosure, without the prior written consent of the other party. To the extent reasonably feasible, the initial press release or other announcement or notice regarding the transactions contemplated by this Agreement shall be made jointly by the parties; provided, however, that nothing in this Agreement shall prohibit any party from making press release required by applicable law. Upon the Closing, the confidentiality and proprietary non-disclosure obligations of the parties hereunder and under the Confidentiality Agreement shall terminate, except to the extent that such obligations relate to documentation or information relating to any properties of Seller other than the Active Ingredient Property and Products and their respective the businesses at conducted thereon, which obligations shall survive until the inception of and from time to time during the term of this Agreement. The party receiving such information will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as expiration of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party or (v) is developed independently by or for the receiving partyConfidentiality Agreement in accordance with its terms. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(a)foregoing, (i) Reliant shall be permitted to following the Closing, without the prior written consent of Buyer, neither Seller nor any of its Affiliates shall, directly or indirectly, disclose to its manufacturersany Person any non-public information regarding the Property, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided except that such entities undertake the same confidentiality obligation as the disclosing party has with respect to the other’s confidential information and provided that ASL Seller and its Affiliates may disclose such information (a) in connection with matters related to the fact sale of the Agreement for purposes Property or the other transactions contemplated by the Transaction Documents; (b) in connection with the preparation of marketing reports and documents to be filed by Seller or any of its services. Affiliates with any Governmental Authority; (c) Except as may to Seller’s officers, directors, employees, agents, representatives, attorneys and accountants provided that Seller shall be responsible for any non-permitted disclosure of such information by any such Persons; (d) if required to do so by applicable lawsa Governmental Authority of competent jurisdiction, rules and (e) if such information is in the public domain or regulations (including in connection with is previously published or disseminated by a public offering of securities), neither third party will originate any publicity, news release, or other public announcement, written or oral, whether than pursuant to the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence provisions of a communication approving or disapproving of the public announcement from the party confidentiality agreement entered with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcementBuyer.

Confidentiality; Press Releases. (a) Reliant The parties agree that this Agreement and ASL will be exchanging the Operative Agreements are confidential and proprietary information relating to shall not be disclosed unless disclosure is legally compelled as being required by law or recognized regulatory authority or unless written approval is obtained from the Active Ingredient other party. In addition, the obligations of the parties under the Confidentiality Agreement dated June 7, 2000 between Sylvan and Products and their respective businesses at an Affiliate of Buyer (the inception of and from time to time during "Confidentiality Agreement") shall survive the term of this Agreement. The party receiving such information Closing Date in accordance with its terms; PROVIDED that following the Closing the restrictions will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to Buyer's use of documents and information which (i) is known to concerning the receiving party prior to Companies and their Subsidiaries furnished by Sellers hereunder or under the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Confidentiality Agreement. (b) Notwithstanding At all times at or before the foregoing Section 4.1(a)Closing, (i) Reliant neither the Buyer, nor any of the Sellers or their Subsidiaries shall be permitted make any press release or public announcement or generally to disclose to its manufacturersthe employees, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating suppliers or other Persons to the Products and this Agreement as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products whom either Company or any of its Subsidiaries sells goods or provides services or with whom either Company or any of its Subsidiaries otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has with respect to the other’s confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules or regulations (including significant business relationships in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written or oral, whether to the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, Agreement or the existence of an arrangement between the parties, transactions contemplated hereby without the prior written approval consent of the other parties or, if required by law, without prior consultation with the other parties. In addition, the parties shall agree on the content, form and timing of any such press release or public announcement. Sellers and Buyer will also obtain the other party's prior approval of any press release to be issued immediately following the Closing announcing the consummation of the transactions contemplated by this Agreement (or, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promoteif required by law, market and sell with prior consultation with the Products or its services in a commercially reasonable mannerother parties). In the no event disclosure is required by applicable law, rules will any press release or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving by Sellers contain any negative or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcementderogatory comments about either Company or its businesses.

Confidentiality; Press Releases. (a) Reliant and ASL will be exchanging confidential and proprietary information relating to Each party hereto agrees that the Active Ingredient and Products and their respective businesses at the inception of and from time to time during the term provisions of this Agreement, all understandings, agreements and other arrangements between and among the parties, and all other non-public information received from or otherwise relating to, the Property (or any portion thereof), Purchaser and/or Seller or their respective Affiliates shall be, and be kept, confidential, and shall not be disclosed or otherwise released to any other Person (other than to such party’s Affiliates), without the written consent of Purchaser or Seller, as applicable. Any information obtained by Purchaser in the course of its inspection of the Property, and any Materials provided by Seller to Purchaser hereunder, in each case that is proprietary to Seller (including, without limitation, information regarding Seller’s operating results from the Property) shall be confidential and Purchaser shall be prohibited from making such information public to any other Person, without Seller’s prior written authorization, which may be granted or denied in Seller’s sole discretion. The party receiving such information will maintain obligations of the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality parties hereunder shall not apply to information which in the following instances: (i) is known to the receiving party prior extent that the disclosure of information otherwise determined to the disclosure, (ii) be confidential is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality required by legal requirements or by any regulations or securities exchange listing rules applicable to the disclosing such party or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(a), (i) Reliant shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources provided that (A) prior to disclosing such confidential information, such disclosing party shall notify the other party thereof, which notice shall include the basis upon which such disclosing party believes the information relating to the Active Ingredient and Products as ASL may reasonably determine is required to be necessary to perform its obligations under this Agreement, provided that disclosed; and (B) such entities undertake the same confidentiality obligation as the disclosing party has with respect to the other’s confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required shall, if requested by applicable laws, rules or regulations (including in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written or oral, whether to the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially provide reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to cooperation with the other party for to protect the continued confidentiality thereof; (ii) the disclosure of confidential information to any financial advisors, other professional advisors, shareholders, investors and lenders (both actual and potential) of a party who agree to hold confidential such information substantially in accordance with this Section 14.13 or who are otherwise bound by a duty of confidentiality to such party; and (iii) Purchaser (or any of its approval (Affiliates) shall have the right to disclose such approval not confidential information as is, in the opinion of Purchaser’s counsel, required to be unreasonably withhelddisclosed in connection with Purchaser’s (or any of its Affiliates’) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party filings with the right of approval by the end of such ten (10) day periodSecurities and Exchange Commission, such party shall be deemed to have approved the public announcementquarterly earnings results or financing activities.

Confidentiality; Press Releases. 35.1 Landlord acknowledges that it may have access to certain confidential information of Tenant concerning Tenant’s and/or its Affiliates businesses, facilities, operations, plans, proprietary software, technology, and products (a) Reliant and ASL will be exchanging confidential and proprietary “Confidential Information”). Confidential Information shall not include any information relating that is available to the Active Ingredient general public (e.g., SEC filings). Landlord agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by this Lease, nor disclose to any third party (except public filings and Products other information available to the general public, as required by law, judicial proceeding or to its attorneys, accountants, and their respective businesses at other advisors and mortgagees and prospective purchasers of the inception Premises, but only as reasonably necessary and subject to the confidentiality provisions hereof), any of Tenant’s Confidential Information or any of the terms and from time to time during the term conditions of this AgreementLease and will take reasonable precautions to protect the confidentiality of such Confidential Information and the terms and conditions of this Lease (in each case, except as permitted hereby). Tenant agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by this Lease, nor disclose to any third party (except public filings and other information available to the general public, as required by law, judicial proceeding or to its attorneys, accountants, and other advisors, but only as reasonably necessary and subject to the confidentiality provisions hereof), any of the terms and conditions of this Lease and will take reasonable precautions to protect the confidentiality of the terms and conditions of this Lease (except as permitted hereby). The party receiving such information will maintain obligations of Landlord and Tenant under this Article 35 shall survive the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party expiration or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this AgreementLease. 35.2 Neither party hereto may issue (bor cause to be issued) a press release or written statement to the press with respect or concerning this Lease or the terms hereof with the express consent of the other party hereto. Notwithstanding the foregoing Section 4.1(a)foregoing, (i) Reliant either party shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources issue any such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be press release or written statement that is necessary in order to effectively market and distribute the Products comply with Legal Requirements. Furthermore, upon notice from Tenant that any of Landlord’s advertisements or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information press releases are not consistent with Tenant’s corporate policies relating to the Active Ingredient public relations, Landlord shall endeavor to cause its advertisements and Products as ASL may reasonably determine press releases to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has consistent with respect to the otherTenant’s confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules or regulations (including in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written or oral, whether to the public press or otherwise, corporate policies relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, public relations to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcementsame are commercially reasonable.

Confidentiality; Press Releases. 38.01. Landlord acknowledges that it may have access to certain confidential information of Tenant concerning Tenant’s businesses, facilities, operations, plans, proprietary software, technology, and products (a) Reliant and ASL will be exchanging confidential and proprietary “Confidential Information”). Confidential Information shall not include any information relating that is available to the Active Ingredient general public (e.g., SEC filings). Landlord agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by this lease, nor disclose to any third party (except public filings and Products other information available to the general public, as required by law (including, without limitation, any plans and their respective businesses at specifications, drawings or other like items which must be submitted to or filed with any governmental agency), judicial proceeding or to its attorneys, accountants, and other advisors and mortgagees and prospective purchasers of the inception Real Property, but only as reasonably necessary and subject to the confidentiality provisions hereof), any of Tenant’s Confidential Information or any of the terms and from time to time during the term conditions of this Agreementlease and will take reasonable precautions to protect the confidentiality of such Confidential Information and the terms and conditions of this lease (in each case, except as permitted hereby). Tenant agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by this lease, nor disclose to any third party (except public filings and other information available to the general public, as required by law, judicial proceeding or to its attorneys, accountants, and other advisors, but only as reasonably necessary and subject to the confidentiality provisions hereof), any of the terms and conditions of this lease and will take reasonable precautions to protect the confidentiality of the terms and conditions of this lease (except as permitted hereby). The party receiving such information will maintain obligations of Landlord and Tenant under this Section 38.01 shall survive the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party expiration or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreementlease. 38.02. Neither party hereto may issue (bor cause to be issued) a press release or written statement to the press with respect or concerning this lease or the terms hereof without the express consent of the other party hereto. Notwithstanding the foregoing Section 4.1(a)foregoing, (i) Reliant either party shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources issue any such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be press release or written statement that is necessary in order to effectively market and distribute the Products comply with Legal Requirements. Furthermore, upon notice from Tenant that any of Landlord’s advertisements or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information press releases are not consistent with Tenant’s corporate policies relating to the Active Ingredient public relations, Landlord shall endeavor to cause its advertisements and Products as ASL may reasonably determine press releases to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has consistent with respect to the otherTenant’s confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules or regulations (including in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written or oral, whether to the public press or otherwise, corporate policies relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, public relations to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcementsame are commercially reasonable.

Confidentiality; Press Releases. 38.01. Landlord acknowledges that it may have access to certain confidential information of Tenant concerning Tenant’s businesses, facilities, operations, plans, proprietary software, technology, and products (a) Reliant and ASL will be exchanging confidential and proprietary “Confidential Information”). Confidential Information shall not include any information relating that is available to the Active Ingredient general public (e.g., SEC filings). Landlord agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by this lease, nor disclose to any third party (except public filings and Products other information available to the general public, as required by law (including, without limitation, any plans and their respective businesses at specifications, drawings or other like items which must be submitted to or filed with any governmental agency), judicial proceeding or to its attorneys, accountants, and other advisors, investors and mortgagees and prospective purchasers of the inception Real Property, but only as reasonably necessary and subject to the confidentiality provisions hereof), any of Tenant’s Confidential Information or any of the terms and from time to time during the term conditions of this Agreementlease and will take reasonable precautions to protect the confidentiality of such Confidential Information and the terms and conditions of this lease (in each case, except as permitted hereby). Tenant agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by this lease, nor disclose to any third party (except public filings and other information available to the general public, as required by law, judicial proceeding or to its attorneys, accountants, and other advisors, but only as reasonably necessary and subject to the confidentiality provisions hereof), any of the terms and conditions of this lease and will take reasonable precautions to protect the confidentiality of the terms and conditions of this lease (except as permitted hereby). The party receiving such information will maintain obligations of Landlord and Tenant under this Section 38.01 shall survive the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party expiration or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreementlease. 38.02. Neither party hereto may issue (bor cause to be issued) a press release or written statement to the press with respect or concerning this lease or the terms hereof without the express consent of the other party hereto. Notwithstanding the foregoing Section 4.1(a)foregoing, (i) Reliant either party shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources issue any such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be press release or written statement that is necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating comply with Legal Requirements subject to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has with respect to the other’s confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules or regulations (including in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written or oral, whether to the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval review of the other party. Furthermore, which consent upon notice from Tenant that any of Landlord’s advertisements or press releases are not consistent with Tenant’s corporate policies relating to public relations, Landlord shall not endeavor to cause its advertisements and press releases to be unreasonably withheld or delayed (it being understood that such obligation is not intended consistent with Tenant’s corporate policies relating to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, public relations to the extent possiblesame are commercially reasonable. 38.03. Tenant recognizes that Landlord makes extensive disclosures to its investors and that it is not feasible to require confidentiality from its investors and that Landlord will make extensive disclosures to its lenders, provide to secured and unsecured, rating agencies, prospective purchasers and other parties in the other party for ordinary course of its approval (such approval not to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving ownership of the public announcement from Real Property. Tenant agrees that no such disclosures made in the party with the right ordinary course of approval by the end of such ten (10) day period, such party Landlord’s business shall be restricted by or deemed to have approved a breach by Landlord of this Article 38. The provisions of this Section 38.03 shall only apply in the public announcementcase that the Landlord is XX Xxxxx Realty Corp. or an affiliate thereof.

Confidentiality; Press Releases. (a) Reliant and ASL The Company will be exchanging make available to Avenel Alliance certain information which is either nonpublic, confidential or proprietary in nature concerning the Company. Avenel Alliance agrees to keep all such information confidential and proprietary not to (i) disclose such information relating to any third party (other than its affiliated entities and its and their directors, officers, advisors, agents and employees) unless required by law or (ii) knowingly use such confidential information in any way that is detrimental to the Active Ingredient and Products and their respective businesses at the inception of and from time to time during the term of this AgreementCompany. The party receiving Avenel Alliance shall have no such information will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply obligation, however, with respect to information which (ia) is known was or becomes generally available to the receiving party public, (b) was or becomes available to Avenel Alliance on a non-confidential basis from a source other than the Company, or (c) was within Avenel Alliance's possesion prior to being furnished to Avenel Alliance by the disclosureCompany. Avenel Alliance will inform its affiliates and its and their directors, (ii) is publicly known as officers, agents and employees of the date confidential nature of the disclosureinformation. Except as otherwise provided in Section 5.7 hereof, (iii) becomes publicly known after the date provisions of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality this Section 5.5 relating to the disclosing party or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five terminate two (52) years from the date of termination of this Agreement. (b) Notwithstanding hereof. Avenel Alliance acknowledges that the foregoing Section 4.1(a), (i) Reliant shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating Company is a fully-reporting public company pursuant to the Products Securities Exchange Act of 1934 and this Agreement as Reliant shall reasonably determine that all information granted to be necessary in order to effectively market Avenel Alliance and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating employees is subject to the Active Ingredient restrictions of the Act and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided other relevant securities laws. Each party agrees that such entities undertake the same confidentiality obligation as the disclosing party has it will not issue any press release or other public disclosure with respect to the other’s confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. other party's activities (cA) Except as may be required by applicable laws, rules or regulations (including in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written or oral, whether to the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of the other party, which consent approval shall not be unreasonably withheld withheld, or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is B) except as required by applicable law, rules law or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheld) any listing agreement with a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcementsecurities exchange.

Confidentiality; Press Releases. (a) Reliant and ASL will be exchanging confidential and proprietary Purchaser shall make no public announcement, press release or disclosure of the transactions contemplated under this Agreement, nor any information relating related to this Agreement, to outside brokers, media or third parties, before or after the Closing, without the prior written specific consent of Seller; provided, however, that Purchaser may, subject to the Active Ingredient and Products and their respective businesses at the inception provisions of and from time to time during the term Section 4.7, make disclosure of this Agreement. The party receiving such information will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(a), (i) Reliant shall be permitted to disclose Agreement to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement Permitted Outside Parties as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations hereunder and as may be required under laws or regulations applicable to Purchaser. Seller shall make no public announcement, press release or disclosure of the transactions contemplated under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has with respect to the other’s confidential nor any information and provided that ASL and its Affiliates may disclose the fact Exhibit M, List of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules or regulations (including in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written or oral, whether to the public press or otherwise, relating Existing Loan Documents M-36 related to this Agreement, any amendment hereto to outside brokers, media or to performance hereunderthird parties, before or after the existence of an arrangement between the partiesClosing, without the prior written approval specific consent of Purchaser; provided, however, that Seller may make disclosure of this Agreement to Seller's employees, agents, representatives, lenders, investors, surveyors, engineers, contractors and consultants as necessary to perform its obligations hereunder and as may be required under laws or regulations applicable to Seller. Prior to Closing, Seller shall inform the Broker of the foregoing requirements and instruct broker to comply with same. Notwithstanding the foregoing, if the Closing occurs, each of Purchaser and Seller shall have the right, after the Closing, to publicize the transaction in a reasonable and customary manner; provided, however, that any press release or other public disclosure regarding this Agreement shall not disclose the name of Purchaser or Seller, the Purchase Price or any other economic terms set forth herein without the prior written consent of the other party. Without limiting the foregoing requirement for Seller approval, which consent the name "Crow Holdings" shall not in any event be used or referenced in any public announcement, press release or disclosure relating to the transactions contemplated under this Agreement. Purchaser acknowledges and agrees that the use of such name in any public announcement, press release or disclosure is not accurate and Purchaser will instruct Purchaser's partners, lenders, investors, brokers, agents, employees, officers, directors, attorneys and representatives (collectively, the "Purchaser Parties") to comply with this provision. Without Purchaser’s prior written consent, the name "Berkshire Property Advisors" or any variation thereof shall not be unreasonably withheld used or delayed referenced in any public announcement, press release or disclosure by or on behalf of Seller relating to the transactions contemplated under this Agreement. Seller will instruct Purchaser's partners, lenders, investors, brokers, agents, employees, officers, directors, attorneys and representatives (it being understood collectively, the "Seller Parties") to comply with this provision. Each party, on behalf of itself and the Purchaser Parties or Seller Parties, as applicable, stipulates that such obligation is the breach of the requirements of this Section 12.8 will cause irreparable harm to the non-breaching party for which damages may not intended to restrict either constitute an adequate remedy. Accordingly, each party agrees, on its own behalf and on behalf of the Purchaser Parties or Seller Parties, as applicable, that any breach of the requirements of this Section 12.8 may be enjoined by an appropriate court order or judgment. Each party’s ability to promote, market and sell the Products or its services remedies in a commercially reasonable manner). In the event disclosure is required of a breach by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party of this Section 12.8 are not limited to injunctive relief for its approval (such approval not a breach of the requirements of this Section 12.8, and all legal and equitable remedies will continue to be unreasonably withheld) a written copy available to the non-breaching party. The provisions of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party this Section 12.8 shall be deemed to have approved the public announcementsurvive Closing.

Confidentiality; Press Releases. (a) Reliant and ASL will Neither Sellers nor Purchaser shall make any public announcement, press release or disclosure of the transactions contemplated under this Agreement, nor any information related to this Agreement, to outside brokers, media or third parties, before or after the Closing, without the prior written specific consent of the other party, not to be exchanging confidential and proprietary information relating unreasonably withheld; provided, however, that Purchaser may, subject to the Active Ingredient and Products and their respective businesses at the inception provisions of and from time to time during the term Section 4.7, make disclosure of this Agreement. The party receiving such information will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(a), (i) Reliant shall be permitted to disclose Agreement to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement Permitted Outside Parties as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has with respect to the other’s confidential information hereunder and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules under laws or regulations (including applicable to Purchaser. Without limiting the foregoing requirement for Sellers approval, the name "Xxxxxx/Xxxxx" shall not be used or referenced in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written press release or oral, whether disclosure relating to the public press or otherwise, relating to transactions contemplated under this Agreement. Purchaser acknowledges and agrees that the use of such name in any public announcement, any amendment hereto press release or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation disclosure is not intended accurate and Purchaser will instruct Purchaser's partners, lenders, investors, brokers, agents, employees, officers, directors, attorneys and representatives (collectively, the "Purchaser Parties") to restrict either party’s ability to promotecomply with this provision. Notwithstanding the foregoing, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheldi) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such each party shall be deemed entitled to have approved make disclosures concerning this Agreement and materials provided hereunder to its lenders, attorneys, accountants, employees, agents and other service professionals as may be reasonably necessary in furtherance of the public announcementtransactions contemplated hereby, (ii) Purchaser shall be entitled to make disclosures concerning this transaction and materials provided hereunder to its potential debt and equity sources, and (iii) each party shall be entitled to make such disclosures concerning this Agreement and materials provided hereunder as may be necessary to comply with (a) any court order, (b) the directive of any applicable governmental authority, or (c) any applicable securities law, rule and/or regulation.

Confidentiality; Press Releases. (a) Reliant and ASL will be exchanging confidential and proprietary Purchaser shall make no public announcement, press release or disclosure of the transactions contemplated under this Agreement, nor any information relating related to this Agreement to outside brokers, media or third parties, before or after the Closing, without the prior written specific consent of Seller; provided, however, that Purchaser may, subject to the Active Ingredient and Products and their respective businesses at the inception provisions of and from time to time during the term Section 4.6, make disclosure of this Agreement. The party receiving such information will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(a), (i) Reliant shall be permitted to disclose Agreement to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement Permitted Outside Parties as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has with respect to the other’s confidential information hereunder and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules under laws or regulations applicable to Purchaser. Without limiting the foregoing requirement for Seller approval, the names “Network Associates”, “McAfee” or any derivative thereof shall not be used or referenced in any public announcement, press release or disclosure relating to the transactions contemplated under this Agreement. Purchaser acknowledges and agrees that the use of such name in any public announcement, press release or disclosure is not accurate and Purchaser will instruct Purchaser’s partners, lenders, investors, brokers, agents, employees, officers, directors, attorneys and representatives (including collectively, the “Purchaser Parties”) to comply with this provision. Purchaser, on behalf of itself and the Purchaser Parties, stipulates that the breach of the requirements of this Section 12.8 will cause irreparable harm to Seller for which damages may not constitute an adequate remedy. Accordingly, Purchaser agrees, on its own behalf and on behalf of the Purchaser Parties, that any breach of the requirements of this Section 12.8 may be enjoined by an appropriate court order or judgment. Seller’s remedies are not limited to injunctive relief for a breach of the requirements of this Section 12.8, and all legal and equitable remedies will continue to be available to Seller. For clarity, Seller may disclose the terms of this Agreement in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written or oral, whether to Seller’s reporting and disclosure requirements (including disclosures required by the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market U.S. Securities and sell the Products or its services in a commercially reasonable mannerExchange Commission). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheld) a written copy The provisions of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party this Section 12.8 shall be deemed to have approved the public announcementsurvive Closing.

Confidentiality; Press Releases. Except and to the extent required by applicable law (aincluding, without limitation, Buyer’s obligation to file a report on Form 8-K with the Securities and Exchange Commission and issue a press release in connection with the execution and delivery of this Agreement) Reliant and ASL will the rules and regulations of the American Stock Exchange, and except as may be exchanging confidential necessary to consummate the transactions contemplated hereby, until the Closing no party hereto shall disclose the existence of this Agreement, or any of the terms or provisions hereof, or make any press release or similar disclosure, without the prior written consent of the other party. To the extent reasonably feasible, the initial press release or other announcement or notice regarding the transactions contemplated by this Agreement shall be made jointly by the parties; provided, however, that nothing in this Agreement shall prohibit any party from making press release required by applicable law. Upon the Closing, the confidentiality and proprietary non-disclosure obligations of the parties hereunder and under the Confidentiality Agreement shall terminate, except to the extent that such obligations relate to documentation or information relating to any motion picture theaters other than the Active Ingredient and Products and their respective businesses at Theaters (including Seller’s Los Angeles theaters), which obligations shall survive until the inception of and from time to time during the term of this Agreement. The party receiving such information will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as expiration of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party or (v) is developed independently by or for the receiving partyConfidentiality Agreement in accordance with its terms. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(a)foregoing, (i) Reliant shall be permitted to following the Closing, without the prior written consent of Buyer, neither Seller nor any of its Affiliates shall, directly or indirectly, disclose to its manufacturersany Person any non-public information regarding the Purchased Assets or the Business, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided except that such entities undertake the same confidentiality obligation as the disclosing party has with respect to the other’s confidential information and provided that ASL Seller and its Affiliates may disclose such information (a) in connection with matters related to the fact sale of the Agreement for purposes Purchased Assets or the other transactions contemplated by the Transaction Documents; (b) in connection with the preparation of marketing reports and documents to be filed by Seller or any of its services. Affiliates with any Governmental Authority; (c) Except as may to Seller’s officers, directors, employees, agents, representatives, attorneys and accountants provided that Seller shall be responsible for any non-permitted disclosure of such information by any such Persons; (d) if required to do so by applicable lawsa Governmental Authority of competent jurisdiction, rules and (e) if such information do so by a Governmental Authority of competent jurisdiction, and (e) if such information is in the public domain or regulations (including in connection with is previously published or disseminated by a public offering of securities), neither third party will originate any publicity, news release, or other public announcement, written or oral, whether than pursuant to the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence provisions of a communication approving or disapproving of the public announcement from the party confidentiality agreement entered with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcementBuyer.

Confidentiality; Press Releases. (a) Reliant and ASL will be exchanging confidential and proprietary Purchaser shall make no public announcement, press release or disclosure of the transactions contemplated under this Agreement, nor any information relating related to this Agreement, to outside brokers, media or third parties, before or after the Closing, without the prior written specific consent of Seller; provided, however, that Purchaser may, subject to the Active Ingredient and Products and their respective businesses at the inception provisions of and from time to time during the term Section 4.7, make disclosure of this Agreement. The party receiving such information will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(a), (i) Reliant shall be permitted to disclose Agreement to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement Permitted Outside Parties as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations hereunder and as may be required under laws or regulations applicable to Purchaser. Seller shall make no public announcement, press release or disclosure of the transactions contemplated under this Agreement, provided nor any information related to this Agreement, to outside brokers, media or third parties, before or after the Closing, Exhibit M, List of Existing Loan Documents M-38 without the prior written specific consent of Purchaser; provided, however, that such entities undertake the same confidentiality obligation Seller may make disclosure of this Agreement to Seller's employees, agents, representatives, lenders, investors, surveyors, engineers, contractors and consultants as the disclosing party has with respect necessary to the other’s confidential information perform its obligations hereunder and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules under laws or regulations (including applicable to Seller. Prior to Closing, Seller shall inform the Broker of the foregoing requirements and instruct broker to comply with same. Notwithstanding the foregoing, if the Closing occurs, each of Purchaser and Seller shall have the right, after the Closing, to publicize the transaction in connection with a public offering of securities)reasonable and customary manner; provided, neither party will originate however, that any publicity, news release, press release or other public announcementdisclosure regarding this Agreement shall not disclose the name of Purchaser or Seller, written the Purchase Price or oral, whether to the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, other economic terms set forth herein without the prior written approval consent of the other party. Without limiting the foregoing requirement for Seller approval, which consent the name "Crow Holdings" shall not in any event be used or referenced in any public announcement, press release or disclosure relating to the transactions contemplated under this Agreement. Purchaser acknowledges and agrees that the use of such name in any public announcement, press release or disclosure is not accurate and Purchaser will instruct Purchaser's partners, lenders, investors, brokers, agents, employees, officers, directors, attorneys and representatives (collectively, the "Purchaser Parties") to comply with this provision. Without Purchaser’s prior written consent, the name "Berkshire Property Advisors" or any variation thereof shall not be unreasonably withheld used or delayed referenced in any public announcement, press release or disclosure by or on behalf of Seller relating to the transactions contemplated under this Agreement. Seller will instruct Purchaser's partners, lenders, investors, brokers, agents, employees, officers, directors, attorneys and representatives (it being understood collectively, the "Seller Parties") to comply with this provision. Each party, on behalf of itself and the Purchaser Parties or Seller Parties, as applicable, stipulates that such obligation is the breach of the requirements of this Section 12.8 will cause irreparable harm to the non-breaching party for which damages may not intended to restrict either constitute an adequate remedy. Accordingly, each party agrees, on its own behalf and on behalf of the Purchaser Parties or Seller Parties, as applicable, that any breach of the requirements of this Section 12.8 may be enjoined by an appropriate court order or judgment. Each party’s ability to promote, market and sell the Products or its services remedies in a commercially reasonable manner). In the event disclosure is required of a breach by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party of this Section 12.8 are not limited to injunctive relief for its approval (such approval not a breach of the requirements of this Section 12.8, and all legal and equitable remedies will continue to be unreasonably withheld) a written copy available to the non-breaching party. The provisions of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party this Section 12.8 shall be deemed to have approved the public announcementsurvive Closing.

Confidentiality; Press Releases. (a) Reliant The parties hereto will, and ASL will be exchanging confidential cause each of their Affiliates and proprietary information relating to Representatives to, maintain the Active Ingredient and Products and their respective businesses at the inception of and from time to time during the term confidentiality of this Agreement. The party receiving such information will maintain parties agree that public announcements or press release, if any, with respect to this Agreement or the information transactions contemplated hereby shall be mutually approved in confidence using advance by the same standard of care it uses to maintain its own information parties; provided, however, that, notwithstanding any provision hereof or in confidence. Such obligation of confidentiality shall not apply to information which (i) is known the Confidentiality Agreement to the receiving contrary, a party may, without the prior to the disclosure, (ii) is publicly known as consent of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(a)other parties hereto, (i) Reliant shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources issue or cause publication of any such confidential information relating press release or public announcement to the Products and this Agreement as Reliant shall extent that such party reasonably determine determines, after consultation with outside legal counsel, such action to be necessary required by law or by the rules of any applicable self-regulatory organization (including, without limitation, federal and state securities laws and the rules and regulations of the NYSE or NASDAQ), in order which event such party will use its commercially reasonable efforts to effectively market and distribute allow the Products other parties hereto reasonable time to comment on such press release or otherwise engage public announcement in a bona fide financing transaction advance of its issuance, and (ii) ASL shall be permitted to disclose to its Affiliatesthat it has entered into this Agreement and the other Transaction Documents, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential and may provide and disclose information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under regarding this Agreement, provided that the parties to this Agreement and the other Transaction Documents, the Real Property, the Facilities, and the other assets and properties subject hereto and thereto, and such entities undertake the same confidentiality obligation as the disclosing additional information which such party has with respect may reasonably deem necessary, to the other’s confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules or regulations (including proposed investors in connection with a public offering or private offering of securitiessecurities (including, without limitation, the offerings to be conducted by Medical Properties Trust, Inc. in anticipation of the transactions contemplated herein), neither party will originate or any publicitycurrent or prospective lenders with respect to its financing, news releaseand to investors, analysts and other parties in connection with earnings calls and other normal communications with investors, analysts and other parties, or (iii) include any information in a prospectus, prospectus supplement or other offering circular or memorandum in connection with public announcementor private capital raising or other activities undertaken by such party. Notwithstanding the foregoing, written or oral, whether to nothing in this Section 7.5 shall prohibit any Equity Holder from disclosing the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval terms of the other partyMerger and this Agreement to any investor in such Equity Holder, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell in the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheld) a written copy ordinary course of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcementEquity Holder’s business.

Confidentiality; Press Releases. (a) Reliant and ASL will be exchanging confidential and proprietary Purchaser shall make no public announcement, press release or disclosure of the transactions contemplated under this Agreement, nor any information relating related to this Agreement, to outside brokers, media or third parties, before or after the Closing, without the prior written specific consent of Seller; provided, however, that Purchaser may, subject to the Active Ingredient and Products and their respective businesses at the inception provisions of and from time to time during the term Section 4.7, make disclosure of this Agreement. The party receiving such information will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(a), (i) Reliant shall be permitted to disclose Agreement to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement Permitted Outside Parties as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has with respect to the other’s confidential information hereunder and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules under laws or regulations (including applicable to Purchaser. Without limiting the foregoing requirement for Seller approval, the names "The Woodmont Company" or "L&B Realty" shall not be used or referenced in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written press release or oral, whether disclosure relating to the public press or otherwise, relating to transactions contemplated under this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, Agreement without the prior written approval consent of Seller. Purchaser acknowledges and agrees that the use of such name in any public announcement, press release or disclosure is not accurate and Purchaser will instruct Purchaser's partners, lenders, investors, brokers, agents, employees, officers, directors, attorneys and representatives (collectively, the "Purchaser Parties") to comply with this provision. Purchaser, on behalf of itself and the Purchaser Parties, stipulates that the breach of the other partyrequirements of this Section 12.8 will cause irreparable harm to Seller for which damages may not constitute an adequate remedy. Accordingly, which consent shall Purchaser agrees, on its own behalf and on behalf of the Purchaser Parties, that any breach of the requirements of this Section 12.8 may be enjoined by an appropriate court order or judgment. Seller's remedies are not be unreasonably withheld or delayed (it being understood that such obligation is not intended limited to restrict either party’s ability to promoteinjunctive relief for a breach of the requirements of this Section 12.8, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not all legal and equitable remedies will continue to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior available to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcementSeller.

Confidentiality; Press Releases. (a) Reliant Each Seller agrees, and ASL each will be exchanging confidential and proprietary information relating cause each of their respective subsidiaries to agree, that, following the Active Ingredient and Products consummation of the Closing, each Seller, each subsidiary, and their respective businesses at the inception of officers, directors, agents and representatives, will hold in strict confidence, and will not use, any confidential or proprietary data or information obtained from time Company with respect to time during the term its business or financial condition. Information generally known in Company’s industry or which has been disclosed to Sellers by third parties who have a right to do so shall not be deemed confidential or proprietary information for purposes of this Agreement. The party receiving Notwithstanding the foregoing, in the event any Seller or its Subsidiary is required by law to disclose such information, such Seller shall provide the Company with prompt notice of such requirement so Company may seek an appropriate protective order and failing the entry of such protective order, such Seller or such subsidiary may disclose only such information as determined by independent legal counsel is required and will exercise reasonable efforts to maintain the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreementassurance that confidential treatment will be accorded such information. (b) Notwithstanding Each of Buyer, the foregoing Section 4.1(a)Company and Sellers will not, (i) Reliant shall be permitted to disclose to its manufacturersand will cause each of their Affiliates and representatives not to, subcontractors, wholesalers, issue or cause the publication of any press release or other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has public announcement with respect to the other’s confidential information and provided that ASL and its Affiliates may disclose the fact of the this Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules or regulations (including in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written or oral, whether to the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, transactions contemplated hereby without the prior written approval consent of the other partyparty (or in the case of Sellers, Sellers’ Representative), which consent shall not be unreasonably withheld or delayed (it being understood delayed; provided, however, that a party may, without the prior consent of the other parties hereto, issue or cause publication of any such obligation is not intended to restrict either party’s ability to promote, market and sell the Products press release or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, public announcement to the extent possiblethat such party reasonably determines, after consultation with outside legal counsel, such action to be required by law, in which event such party shall provide the proposed press release or public announcement in advance of its issuance to the other party for its approval (and allow such approval not other party reasonable time to be unreasonably withheld) a written copy of comment on such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving proposed press release or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcement.

Confidentiality; Press Releases. (a) Reliant Purchaser agrees to keep non-public information regarding the Company and ASL the Subsidiaries confidential until the Closing Date and agrees that it will be exchanging confidential and proprietary information relating to the Active Ingredient and Products and their respective businesses at the inception of and from time to time during the term of this Agreement. The party receiving only use such information will maintain in connection with the transactions contemplated by this Agreement and not disclose any of such information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which other than (i) is known to Purchaser's Representatives who are involved with the receiving party prior to the disclosuretransactions contemplated by this Agreement, (ii) to the extent such information presently is publicly known as of or hereafter becomes available, on a non-confidential basis, from a source other than the date of Stockholders or the disclosureCompany, and (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party extent disclosure is required by law, regulation or (v) is developed independently judicial order by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreementany governmental authority. (b) Notwithstanding The Company and the foregoing Section 4.1(a)Stockholders agree to keep non-public information regarding Purchaser, and the Stockholders agree to keep non-public information regarding the Company and the Subsidiaries, confidential and agree that they will only use such information in connection with the transactions contemplated by this Agreement and not disclose any of such information other than (i) Reliant shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products Stockholders' and the Company's respective Representatives who are involved with the transactions contemplated by this Agreement as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and Agreement, (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient extent such information presently is or hereafter becomes available, on a non-confidential basis, from a source other than Purchaser, and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has with respect (iii) to the other’s confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its servicesextent disclosure is required by law, regulation or judicial order by any governmental authority. (c) Except as may be Prior to any disclosure required by applicable lawslaw, rules regulation or regulations judicial order, Purchaser, the Company or the Stockholders, as the case may be, shall advise each of the others of such requirement so that it may seek a protective order. (including d) Prior to Closing or thereafter, none of Purchaser, the Company or the Stockholders shall make any press release or public announcement in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written or oral, whether to the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, transactions contemplated hereby without the prior written approval consent of the other partyparties or, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is if required by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to without prior consultation with the other party for its approval (such approval not to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcementparties.

Confidentiality; Press Releases. (a) Reliant and ASL will be exchanging Each Class B Member shall keep confidential and proprietary information relating all Confidential Information obtained pursuant to the Active Ingredient and Products and their respective businesses at the inception of and from time to time during the term of this Agreement. The party receiving , except that a Member shall be entitled to disclose such information will maintain Confidential Information to its lawyers, accountants and other service providers as reasonably necessary in the information in confidence using furtherance of such Member’s bona fide interests, as otherwise required by law or judicial process and to comply with reporting requirements (including the same standard rules of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party any applicable securities exchange or (v) is developed independently by quotation or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(alisting system), (i) Reliant shall be and to potential permitted to disclose to transferees of its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this AgreementMembership Interest, provided that such entities undertake potential transferees enter into customary confidentiality agreements, with the same confidentiality obligation as Company and the disclosing other Members expressly stated therein to be third party has beneficiaries thereof prior to the disclosure of Confidential Information. Each Class B Member agrees to not to issue any press release or make any public statement with respect to the other’s confidential information business and provided that ASL and its Affiliates may disclose the fact affairs of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable lawsCompany, rules or regulations (including in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written or oral, whether to the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, Alterra and their respective Subsidiaries and Affiliates without the prior written approval consent of the other party, Class A Member (which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promotewithheld); provided, market and sell the Products or its services however, in a commercially reasonable manner). In the event disclosure a Class B Member is required by applicable lawlaw or any listing agreement with any national securities exchange or quotation or listing system to issue a press release or make a public statement prior to such consent, rules or regulations, then the party such Class B Member shall only be required to so disclose consult with the Class A Member and the Company before issuing such information shall, to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheld) a written copy of press release or making such public announcement at least ten (10) business days statement and will not issue any such press release or make any such public statement prior to disclosure. In such consultation.. Notwithstanding the absence foregoing, each Class B Member (and each employee, representative or other agent of a communication approving or disapproving Member) may disclose to any and all Persons, without limitation of any kind, the tax treatment and tax structure of the public announcement from the party with the right transactions contemplated by this Agreement and all materials of approval by the end of any kind (including opinions or other tax analyses) that are provided to such ten Member relating to such tax treatment and tax structure. DISCLOSURES. THE SECURITIES OFFERED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES EXCHANGE ACT OF 1933, AS AMENDED (10) day periodTHE “1933 ACT”), such party shall be deemed to have approved the public announcementOR THE SECURITIES LAWS OF ANY STATE AND ARE BEING OFFERED AND SOLD IN RELIANCE ON EXEMPTIONS FROM THE REGISTRATION REQUIREMENTS OF THE 1933 ACT AND SUCH LAWS. SUCH SECURITIES ARE SUBJECT TO RESTRICTIONS ON TRANSFERABILITY AND RESALE AND MAY NOT BE TRANSFERRED OR RESOLD EXCEPT AS PERMITTED UNDER THE 1933 ACT AND SUCH LAWS PURSUANT TO EXEMPTION FROM REGISTRATION THEREUNDER. THERE WILL NOT BE ANY PUBLIC MARKET FOR THE SECURITIES. IN ADDITION, THE TERMS OF THIS AGREEMENT RESTRICT THE TRANSFERABILITY OF THE SECURITIES.

Confidentiality; Press Releases. Without the express prior written permission of Owner, Construction Manager shall not (a) Reliant and ASL issue any press releases or engage in any dialogue or interviews with the media or any other persons or entities for public dissemination; (b) give any speeches or presentations concerning the Project; or (c) disclose any information that it obtains from Owner or about Owner or the Project. Construction Manager acknowledges that it or its employees may, in the course of performing its responsibilities under this Agreement, be exposed to or acquire information which is proprietary to or confidential to Owner, its affiliated companies or third parties to whom Owner has a duty of confidentiality. The term “Confidential Information” as used in this Agreement shall mean all information which has been or will be exchanging confidential disclosed by Owner under or in connection with the Project and proprietary information relating to the Active Ingredient and Products and their respective businesses at the inception of and from time to time during the term of this Agreement. The party receiving such , which relates to Owner and/or its business, products and services, but does not include information will maintain the information that is identified in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which writing by Owner as non-confidential, or that: (i) is known or becomes generally available to the receiving party prior to public or becomes part of the disclosure, public domain through no fault of Construction Manager; (ii) is publicly already known to Construction Manager at the time of such disclosure as of the date of the documented by records in its possession prior to such disclosure, ; (iii) becomes publicly known after is subsequently received by Construction Manager in good faith from a third party having the date of disclosure through no fault of the receiving party, prior right to make such subsequent disclosure; or (iv) is received from a third party who has no obligation of confidentiality to the disclosing party or (v) is independently developed independently by Construction Manager, provided that Construction Manager can document that such development was accomplished by or on behalf of Construction Manager without use of the information disclosed pursuant to this Agreement. Construction Manager will hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purpose whatsoever other than the provision of the Work to Owner as contemplated by this Agreement and to advise each of its employees and Subconsultants who may be exposed to such proprietary and confidential information of their obligations to keep such information confidential. Construction Manager shall never use or duplicate any Confidential Information (except for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of limited purposes as specifically authorized by this Agreement. (b) Notwithstanding the foregoing Section 4.1(a)and shall keep confidential and never disclose any Confidential Information to anyone, (i) Reliant shall be permitted unless Owner has, in its sole discretion, previously and expressly consented to such use, duplication or disclosure in writing. Construction Manager may disclose such Confidential Information to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be those employees of Construction Manager whose knowledge is necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary for Construction Manager to perform its obligations under this Agreement, Agreement provided that all such entities undertake employees shall be advised of their obligations to protect Owner’s interests, which obligations shall be identical to Construction Manager’s under this Agreement. Without limiting any of the foregoing, Construction Manager shall protect Owner’s Confidential Information with at least the same confidentiality obligation degree of care as the disclosing party has with respect it exercises to the other’s protect its own confidential information and provided that ASL and its Affiliates of like character. Notwithstanding the foregoing, a party receiving Confidential Information may disclose the fact Confidential Information as required by law or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity provided the receiving party has given the other party written notice of such request such that the other party has an opportunity to defend, limit or protect such production or disclosure. The receiving party will exercise reasonable efforts in good faith to cooperate with the other party’s efforts to defend, limit or protect such production or disclosure. A party receiving Confidential Information may also disclose the Confidential Information to its employees, consultants or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of Confidential Information as set forth in this Agreement. The Parties acknowledge and agree that (i) all Confidential Information disclosed by or belonging to Owner is and shall remain the exclusive and valuable property of Owner; (ii) Construction Manager does not hereby obtain any license or other interest in or to Confidential Information of the Agreement Owner or the subjects thereof except for purposes the license specifically given by Owner in this Agreement; and (iii) at the request of marketing Owner, and in any event upon the completion of the Project, Construction Manager shall promptly deliver to Owner all products, components and equipment provided by Owner hereunder as well as all records or other things containing or embodying Owner’s Confidential Information within its services. (c) Except as may be required by applicable laws, rules possession or regulations (including control which were delivered or made available to Construction Manager during or in connection with a public offering the Project. Notwithstanding the foregoing, Construction Manager may retain one (1) copy of securities)Confidential Information in its secure legal files, neither party will originate any publicitystrictly for archival purposes, news release, or other public announcement, written or oral, whether and in order to the public press or otherwise, relating to monitor compliance of its obligations under this Agreement, any amendment hereto or to performance hereunderas required by law. Construction Manager acknowledges that the restrictions on the use, or the existence of an arrangement between the parties, without the prior written approval duplication and disclosure of the other partyConfidential Information set forth herein are reasonable to protect Owner’s business interests. This Section shall survive the termination, which consent shall not be unreasonably withheld expiration or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving completion of the public announcement from the party with the right performance of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcementthis Agreement.

Confidentiality; Press Releases. Except and to the extent required by applicable law (aincluding, without limitation, Buyer’s obligation to file a report on Form 8-K with the Securities and Exchange Commission and issue a press release in connection with the execution and delivery of this Agreement) Reliant and ASL will the rules and regulations of the American Stock Exchange, and except as may be exchanging confidential necessary to consummate the transactions contemplated hereby, until the Closing no party hereto shall disclose the existence of this Agreement, or any of the terms or provisions hereof, or make any press release or similar disclosure, without the prior written consent of the other party. To the extent reasonably feasible, the initial press release or other announcement or notice regarding the transactions contemplated by this Agreement shall be made jointly by the parties; provided, however, that nothing in this Agreement shall prohibit any party from making press release required by applicable law. Upon the Closing, the confidentiality and proprietary non-disclosure obligations of the parties hereunder and under the Confidentiality Agreement shall terminate, except to the extent that such obligations relate to documentation or information relating to any properties of Seller other than the Active Ingredient Property and Products and their respective the businesses at conducted thereon, which obligations shall survive until the inception of and from time to time during the term of this Agreement. The party receiving such information will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as expiration of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party or (v) is developed independently by or for the receiving partyConfidentiality Agreement in accordance with its terms. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(a)foregoing, (i) Reliant shall be permitted to following the Closing, without the prior written consent of Buyer, neither Seller nor any of its Affiliates shall, directly or indirectly, disclose to its manufacturersany Person any non-public information regarding the Property, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided except that such entities undertake the same confidentiality obligation as the disclosing party has with respect to the other’s confidential information and provided that ASL Seller and its Affiliates may disclose such information (a) in connection with matters related to the fact sale of the Agreement for purposes Property or the other transactions contemplated by the Transaction Documents; (b) in connection with the preparation of marketing reports and documents to be filed by Seller or any of its services. Affiliates with any Governmental Authority; (c) Except as may to Seller’s officers, directors, members, managers, employees, agents, representatives, attorneys and accountants provided that Seller shall be responsible for any non-permitted disclosure of such information by any such Persons; (d) if required to do so by applicable lawsa Governmental Authority of competent jurisdiction, rules and (e) if such information is in the public domain or regulations (including in connection with is previously published or disseminated by a public offering of securities), neither third party will originate any publicity, news release, or other public announcement, written or oral, whether than pursuant to the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence provisions of a communication approving or disapproving of the public announcement from the party confidentiality agreement entered with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcementBuyer.

Confidentiality; Press Releases. 11.1 The Parties mutually undertake to keep the contents of this Agreement secret and confidential vis-à-vis any third party except to the extent that the relevant facts are publicly known or disclosure is required by law or any stock exchange listing rule. In such case, and to the extent permitted by applicable laws and feasible under the circumstances, the Parties shall, however, inform each other prior to such disclosure and shall limit any disclosure to the minimum required by statute, the authorities or any stock exchange listing rule. No press releases or other public announcement concerning the transactions contemplated by this Agreement shall be made by either Party unless the form and text of such announcement shall first have been approved by the other Parties except that - if the other Party is required by law or by applicable stock exchange regulations to make an announcement - it may do so after providing the respective text to Seller for prior review. 11.2 Without prior consent of the Buyer or Discovery the Seller shall, for a period of ten (a10) Reliant and ASL will be exchanging years after the Transfer Date, keep confidential and proprietary information relating not disclose to the Active Ingredient any third party and Products and their respective businesses at the inception of and from time to time during the term of this Agreement. The party receiving such information will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information use, any business or trade secrets of Discovery and the Business other than those business or trade secrets which (i) is known to the receiving party prior to the disclosure, (ii) is have become publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving partySeller or which the Seller is required to disclose as necessary to comply with any legal requirements. 11.3 Unless stated otherwise in this Agreement, (iv) is received from a third party who has no obligation all existing non-disclosure agreements between the Parties shall expire as of confidentiality the Transfer Date. 11.4 The Seller shall make available to the disclosing party or (v) is developed independently by or for Buyer such financial information and shall provide such reasonable assistance, including without limitation using best efforts to provide to the receiving party. Such obligation Buyer and its authorized representatives reasonable access to the work papers of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(a), (i) Reliant shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information Seller’s auditors relating to the Products and this Agreement Seller, as Reliant shall is reasonably determine necessary for the Buyer to prepare on a timely basis the financial statements required by Item 9.01 of Form 8-K to be necessary in order to effectively market and distribute filed by the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to Buyer under the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has Exchange Act with respect to the other’s confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required transactions contemplated by applicable laws, rules or regulations (including in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written or oral, whether to the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shalladdition, to the extent possiblethat the financial statements required by Item 9.01 of Form 8-K include audited financial statements of the Seller that have been prepared by the Seller, provide then the Seller shall use its best efforts to cause the Seller’s auditors to consent to the other party for inclusion of its approval (audit reports with respect to such approval not financial statements in the Form 8-K to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval filed by the end of such ten (10) day period, such party shall be deemed to have approved the public announcementBuyer.

Confidentiality; Press Releases. (a) Reliant and ASL will Neither Seller nor Purchaser shall make any public announcement, press release or disclosure of the transactions contemplated under this Agreement, nor any information related to this Agreement, to outside brokers, media or third parties, before or after the Closing, without the prior written specific consent of the other party, not to be exchanging confidential and proprietary information relating unreasonably withheld; provided, however, that Purchaser may, subject to the Active Ingredient and Products and their respective businesses at the inception provisions of and from time to time during the term Section 4.7, make disclosure of this Agreement. The party receiving such information will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(a), (i) Reliant shall be permitted to disclose Agreement to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement Permitted Outside Parties as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has with respect to the other’s confidential information hereunder and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules under laws or regulations (including applicable to Purchaser. Without limiting the foregoing requirement for Seller approval, the name "Crow Holdings" shall not be used or referenced in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written press release or oral, whether disclosure relating to the public press or otherwise, relating to transactions contemplated under this Agreement. Purchaser acknowledges and agrees that the use of such name in any public announcement, any amendment hereto press release or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation disclosure is not intended accurate and Purchaser will instruct Purchaser's partners, lenders, investors, brokers, agents, employees, officers, directors, attorneys and representatives (collectively, the "Purchaser Parties") to restrict either party’s ability to promotecomply with this provision. Notwithstanding the foregoing, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheldi) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such each party shall be deemed entitled to have approved make disclosures concerning this Agreement and materials provided hereunder to its lenders, attorneys, accountants, employees, agents and other service professionals as may be reasonably necessary in furtherance of the public announcement.transactions contemplated hereby, (ii) Purchaser shall be entitled to make disclosures concerning this transaction and materials provided hereunder to its potential debt and equity sources, and

Confidentiality; Press Releases. (a) Reliant and ASL will be exchanging confidential and proprietary information relating The parties shall at all times keep this Lease confidential, except to the Active Ingredient and Products and their respective businesses at the inception of and from time extent necessary to time during the term of this Agreement. The party receiving such information will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosurecomply with applicable Law and regulations (including any securities laws), or (ii) is publicly known as of carry out the date of the disclosureobligations set forth in this Lease; provided, (iii) becomes publicly known after the date of disclosure through no fault of the receiving partyhowever, (iv) is received from a third that either party who has no obligation of confidentiality shall be allowed to disclose such information to the disclosing party party's assignees, prospective purchasers, subtenants, agents, employees, contractors, consultants, brokers, accountants, rating agencies or attorneys, prospective landlords of replacement premises as well as lenders (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(aif any), (i) Reliant shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating and venture capital groups, investors, with a need to know, and except to the Products extent that disclosure is necessary for a party to exercise its rights and this Agreement as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this AgreementLease, provided provided, that, in all cases, the disclosure is no broader than necessary and the party who receives the disclosure agrees prior to receiving the disclosure to keep the information confidential. Except a result of a breach of this Lease, disclosure of information by either party shall not be prohibited if that such entities undertake disclosure is of information that is or becomes a matter of public record or public knowledge or from sources other than Tenant or Landlord or their respective agents, employees, contractors, consultants or attorneys. In addition, Tenant and Landlord shall each be entitled at any time to make customary disclosures on investor/earnings calls or meetings or in earning releases or in filings required by the same confidentiality obligation Securities Exchange Commission or as otherwise required by applicable Laws. Landlord is obligated to regularly provide financial information concerning Landlord and/or its affiliates (including Xxxxxx Realty Corporation, a public company whose shares of stock are listed on the disclosing party has with respect New York Stock Exchange) to the other’s confidential shareholders of its affiliates, to the SEC and other regulatory agencies, and to auditors and underwriters, which information may include summaries of financial information concerning leases, rents, costs and provided results of operations of its real estate business, including any rents or results of operations affected by this Lease. Either party may issue press releases in the ordinary course of business announcing that ASL and its Affiliates Landlord has leased the Premises to Tenant; provided, however, that neither party may disclose the fact economic terms of this Lease (as opposed to the length of the Agreement for purposes Lease Term, the RSF of marketing its services. (c) Except as the Premises, and the identity of Tenant, which may be required by applicable laws, rules or regulations (including included in connection with a public offering of securities), neither party will originate Landlord's press release) in any publicity, news press release, or other public announcement, written or oral, whether to the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of the other party's consent, which consent shall not may be unreasonably granted or withheld or delayed (it being understood that in such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcement' sole discretion.

Confidentiality; Press Releases. 17.1.1 Save as required by law or regulation (aincluding the rules of relevant stock exchanges or governmental or regulatory authorities or agencies) Reliant or with the prior written consent of the other Parties, each Party shall keep strictly confidential, and ASL will be exchanging confidential no Party shall make any press release or similar public announcement or disclosure about the existence and proprietary information relating to the Active Ingredient and Products and their respective businesses at the inception of and from time to time during the term content of this Agreement. The party receiving such Agreement and any information will maintain the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is they have received from a third party who has no obligation of confidentiality to the disclosing party or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(a), (i) Reliant shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, about each other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has with respect to about the other’s confidential information and provided that ASL and its Affiliates may disclose since they commenced talks about the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules or regulations (including in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written or oral, whether to the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shallTransaction, to the extent possible, provide that such information is not known or available to the public or the respective Party has not consented to the disclosure of the information. 17.1.2 The Parties will mutually agree on the timing and content of a press release for the Transaction. EXECUTION COPY 17.1.3 If any disclosure or announcement of confidential matters referred to in Section 17.1.1 is required by law or regulation, such disclosure may be made by the Party which has been addressed, but only upon advice of its legal counsel and to the extent legally permissible and reasonably possible after: (1) having informed the other party for its approval (such approval not to be unreasonably withheld) a written copy Parties without undue delay about the existence and scope of such obligation and the circumstances under which the obligation has been imposed upon it; (2) ensuring the confidential treatment of such information disclosed to the relevant public announcement at least ten authority, court or regulatory body; (103) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party consulting with the right of approval by other Parties on possible steps to avoid or limit the end disclosure; and (4) taking into account any reasonable steps another Party may request to prevent or limit the scope or impact of such ten disclosure. 17.1.4 Nothing in this Section 17 shall prevent the Purchasers or the Sellers from disclosing such information to their or its direct or indirect shareholders, KKR funds or fund investors as is necessary to enable such persons to comply with their contractual, statutory or regulatory reporting and compliance obligations (10) day periodincluding those of any relevant stock exchange or governmental or regulatory authorities or agencies), provided that any such party disclosure shall be deemed limited to have approved that required to comply with such obligations and, to the public announcementextent legally permissible, shall be made subject to reasonable obligation of confidentiality.

Confidentiality; Press Releases. (a) Reliant The BLC Parties and ASL the BMC Parties agree that they will be exchanging confidential and proprietary information relating to not disclose the Active Ingredient and Products and their respective businesses at the inception of and from time to time during the term contents of this Agreement. The party receiving such information will maintain Agreement to any third parties or issue any press release with respect thereto or any Closing hereunder without the information in confidence using consent of the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which other parties, except (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(a), (i) Reliant shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has with respect to the other’s confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by or, based on the advice of counsel, advisable to ensure compliance with any applicable laws, rules or regulations of any Governmental Authority having jurisdiction over such party, (including ii) as is expressly authorized or required by the terms of this Agreement (e.g., in connection with a public offering of securitiessoliciting or obtaining any required third-party consents or approvals), neither or (iii) if and to the extent such contents have already been placed in the public domain (other than by the party will originate any publicityseeking to disclose and in a manner not permitted by this Section 10.8). Nothing contained in this Section 10.8 shall be construed as prohibiting (x) the BMC Parties from disclosing the contents of this Agreement (A) on a confidential basis to the BMC Parties' counsel, news releaseaccountants, consultants, property managers and other agents, or (B) (if necessary or appropriate in BMC's reasonable judgment) to regulatory authorities having jurisdiction over the BMC Parties (which authorities, by law, may not be bound by any confidentiality restrictions), or (C) to parties from which the BMC Parties are seeking financing, or (y) the BLC Parties from disclosing the contents of this Agreement (A) on a confidential basis to its counsel, accountants, consultants, property managers and other agents, or (B) (if necessary or appropriate in the reasonable judgment of the BLC Parties) to regulatory authorities having jurisdiction over the BLC Parties (which authorities, by law, may not be bound by any confidentiality restrictions), or (C) to parties from which it seeks financing. The BMC Parties and the BLC Parties each agree (I) to consult with and cooperate with the other parties on the content and timing of all press releases and other public announcement, written or oral, whether announcements relating to the public press or otherwise, relating to transactions contemplated by this Agreement, any amendment hereto or and (II) that the initial press release to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, issued with respect to the extent possible, provide transactions contemplated by this Agreement will be in the form agreed to by the parties hereto prior to the other party for its approval (such approval not to be unreasonably withheld) a written copy execution of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcementthis Agreement.

Confidentiality; Press Releases. (a) Reliant The Parties hereto will, and ASL will be exchanging confidential cause each of their Affiliates and proprietary information relating to Representatives to, maintain the Active Ingredient and Products and their respective businesses at the inception of and from time to time during the term confidentiality of this Agreement. The party receiving such information will maintain parties agree that public announcements or press release, if any, with respect to this Agreement or the information transactions contemplated hereby shall be mutually approved in confidence using advance by the same standard Parties; provided, however, that, notwithstanding any provision hereof or in the Confidentiality Agreement to the contrary, a Party may, without the prior consent of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which the other Parties hereto, may (i) is known issue or cause publication of any such press release or public announcement to the receiving extent that such party prior reasonably determines, after consultation with outside legal counsel, such action to be required by law or by the disclosurerules of any applicable self-regulatory organization (including, (ii) is publicly known as without limitation, federal and state securities laws and the rules and regulations of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party NYSE or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreement. (b) Notwithstanding the foregoing Section 4.1(aNASDAQ), (i) Reliant shall be permitted in which event such Party will use its commercially reasonable efforts to disclose allow the other Parties hereto reasonable time to comment on such press release or public announcement in advance of its manufacturersissuance, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be necessary in order to effectively market and distribute the Products or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliatesthat it has entered into this Agreement and the other Transaction Documents, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential and may provide and disclose information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under regarding this Agreement, provided that the Parties to this Agreement and the other Transaction Documents, the Real Property, the Facilities, and the other assets and properties subject hereto and thereto, and such entities undertake the same confidentiality obligation as the disclosing additional information which such party has with respect may reasonably deem necessary, to the other’s confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules or regulations (including proposed investors in connection with a public offering or private offering of securitiessecurities (including, without limitation, the offerings to be conducted by Medical Properties Trust, Inc. in anticipation of the transactions contemplated herein), neither party will originate or any publicitycurrent or prospective lenders with respect to its financing, news releaseand to investors, analysts and other parties in connection with earnings calls and other normal communications with investors, analysts and other parties, or (iii) include any information in a prospectus, prospectus supplement or other offering circular or memorandum in connection with public announcementor private capital raising or other activities undertaken by such party. Notwithstanding the foregoing, written nothing in this Section 5.5 shall prohibit any holder of any of Xxxxxx Health’s shares of capital stock or oral, whether to Options from disclosing the public press or otherwise, relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval terms of the other partyTransactions and this Agreement to any investor in such holder, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell in the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheld) a written copy ordinary course of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcementholder’s business.

Confidentiality; Press Releases. (a) Reliant and ASL will be exchanging confidential and proprietary information relating The Parties shall adhere to the Active Ingredient terms and Products conditions of that certain Confidentiality Agreement, dated November 9, 2018, by and their respective businesses at the inception of between MPT Operating Partnership and Prospect Medical (as amended, modified, supplemented or restated from time to time during time, the term "Confidentiality Agreement") and such terms and conditions of the Confidentiality Agreement are hereby incorporated by reference into this Agreement. The party receiving such information will maintain Notwithstanding any provision therein, the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party or (v) is developed independently by or for the receiving party. Such obligation of confidentiality Confidentiality Agreement shall continue for a period of five (5) years from the date of in full force and effect pursuant to its terms following Closing or earlier termination of this Agreement. (b) Notwithstanding The Parties hereto will, and will cause each of their Affiliates and Representatives to maintain the foregoing Section 4.1(a)confidentiality of this Agreement. The Parties agree that public announcements or press release, if any, with respect to this Agreement or the transactions contemplated hereby shall be mutually approved in advance by the Parties; provided, however, that, notwithstanding any provision hereof or in the Confidentiality Agreement to the contrary, a Party, without the prior consent of the other Parties hereto, may (i) Reliant shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources issue or cause publication of any such confidential information relating press release or public announcement to the Products and this Agreement as Reliant shall extent that such party reasonably determine determines, after consultation with outside legal counsel, such action to be necessary required by law or by the rules of any applicable self-regulatory organization (including, without limitation, federal and state securities laws and the rules and regulations of the NYSE or NASDAQ), in order which event such Party will use its commercially reasonable efforts to effectively market and distribute allow the Products other Parties hereto reasonable time to comment on such press release or otherwise engage public announcement in a bona fide financing transaction advance of its issuance, and (ii) ASL shall be permitted to disclose to its Affiliatesthat it has entered into this Agreement and the other Transaction Documents, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential and may provide and disclose information relating to the Active Ingredient and Products as ASL may reasonably determine to be necessary to perform its obligations under regarding this Agreement, provided that the Parties to this Agreement and the other Transaction Documents, the Real Property, the Facilities, and the other assets and properties subject hereto and thereto, and such entities undertake the same confidentiality obligation as the disclosing additional information which such party has with respect may reasonably deem necessary, to the other’s confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules or regulations (including proposed investors in connection with a public offering or private offering of securitiessecurities (including, without limitation, the offerings to be conducted by Medical Properties Trust, Inc. in anticipation of the transactions contemplated herein), neither party will originate or any publicitycurrent or prospective lenders with respect to its financing, news releaseand to investors, analysts and other parties in connection with earnings calls and other normal communications with investors, analysts and other parties, or (iii) include any information in a prospectus, prospectus supplement or other offering circular or memorandum in connection with public announcementor private capital raising or other activities undertaken by such party. Notwithstanding the foregoing, written or oral, whether to nothing in this Section 5.3 shall prohibit any holder of any of Prospect Medical’s equity from disclosing the public press or otherwise, relating to terms of this Agreement, any amendment hereto or to performance hereunder, Agreement or the existence of an arrangement between transactions contemplated hereby to any direct or indirect investor in such holder, in the parties, without the prior written approval of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheld) a written copy ordinary course of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcementholder’s business.

Confidentiality; Press Releases. 38.01. Landlord acknowledges that it may have access to certain confidential information of Tenant concerning Tenant's businesses, facilities, operations, plans, proprietary software, technology, and products (a) Reliant and ASL will be exchanging confidential and proprietary "Confidential Information"). Confidential Information shall not include any information relating that is available to the Active Ingredient general public (e.g., SEC filings). Landlord agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by this lease, nor disclose to any third party (except public filings and Products other information available to the general public, as required by law (including, without limitation, any plans and their respective businesses at specifications, drawings or other like items which must be submitted to or filed with any governmental agency), judicial proceeding or to its attorneys, accountants, and other advisors and mortgagees and prospective purchasers of the inception Real Property, but only as reasonably necessary and subject to the confidentiality provisions hereof), any of Tenant's Confidential Information or any of the terms and from time to time during the term conditions of this Agreementlease and will take reasonable precautions to protect the confidentiality of such Confidential Information and the terms and conditions of this lease (in each case, except as permitted hereby). Tenant agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by this lease, nor disclose to any third party (except public filings and other information available to the general public, as required by law, judicial proceeding or to its attorneys, accountants, and other advisors, but only as reasonably necessary and subject to the confidentiality provisions hereof), any of the terms and conditions of this lease and will take reasonable precautions to protect the confidentiality of the terms and conditions of this lease (except as permitted hereby). The party receiving such information will maintain obligations of Landlord and Tenant under this Section 38.01 shall survive the information in confidence using the same standard of care it uses to maintain its own information in confidence. Such obligation of confidentiality shall not apply to information which (i) is known to the receiving party prior to the disclosure, (ii) is publicly known as of the date of the disclosure, (iii) becomes publicly known after the date of disclosure through no fault of the receiving party, (iv) is received from a third party who has no obligation of confidentiality to the disclosing party expiration or (v) is developed independently by or for the receiving party. Such obligation of confidentiality shall continue for a period of five (5) years from the date of termination of this Agreementlease. 38.02. Neither party hereto may issue (bor cause to be issued) a press release or written statement to the press with respect or concerning this lease or the terms hereof without the express consent of the other party hereto. Notwithstanding the foregoing Section 4.1(a)foregoing, (i) Reliant either party shall be permitted to disclose to its manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources issue any such confidential information relating to the Products and this Agreement as Reliant shall reasonably determine to be press release or written statement that is necessary in order to effectively market and distribute the Products comply with Legal Requirements. Furthermore, upon notice from Tenant that any of Landlord's advertisements or otherwise engage in a bona fide financing transaction and (ii) ASL shall be permitted to disclose to its Affiliates, manufacturers, subcontractors, wholesalers, other direct customers, investment bankers and/or financing sources such confidential information press releases are not consistent with Tenant's corporate policies relating to the Active Ingredient public relations, Landlord shall endeavor to cause its advertisements and Products as ASL may reasonably determine press releases to be necessary to perform its obligations under this Agreement, provided that such entities undertake the same confidentiality obligation as the disclosing party has consistent with respect to the other’s confidential information and provided that ASL and its Affiliates may disclose the fact of the Agreement for purposes of marketing its services. (c) Except as may be required by applicable laws, rules or regulations (including in connection with a public offering of securities), neither party will originate any publicity, news release, or other public announcement, written or oral, whether to the public press or otherwise, Tenant's corporate policies relating to this Agreement, any amendment hereto or to performance hereunder, or the existence of an arrangement between the parties, without the prior written approval of the other party, which consent shall not be unreasonably withheld or delayed (it being understood that such obligation is not intended to restrict either party’s ability to promote, market and sell the Products or its services in a commercially reasonable manner). In the event disclosure is required by applicable law, rules or regulations, then the party required to so disclose such information shall, public relations to the extent possible, provide to the other party for its approval (such approval not to be unreasonably withheld) a written copy of such public announcement at least ten (10) business days prior to disclosure. In the absence of a communication approving or disapproving of the public announcement from the party with the right of approval by the end of such ten (10) day period, such party shall be deemed to have approved the public announcementsame are commercially reasonable.