Common use of DISCLOSURE OF INFORMATION AND CONFIDENTIALITY Clause in Contracts

DISCLOSURE OF INFORMATION AND CONFIDENTIALITY. 9.1 It will be necessary for LICENSOR to disclose to BUKWANG and for BUKWANG to disclose to LICENSOR such information and technology as will assist the parties to successfully carry out the objectives of this Agreement. BUKWANG will need to disclose to LICENSOR such information and technology relating to the filing of any patents related to Licensed Products and such other information as may be requested by LICENSOR which is necessary for LICENSOR to ascertain that BUKWANG is performing its obligations pursuant to this Agreement. All such information and technology to be exchanged will be in writing and marked “CONFIDENTIAL”. BUKWANG or LICENSOR, as the case may be, shall not, during the life of this Agreement and for a period of five (5) years after the termination or expiration of this Agreement, disclose to any third party the other’s technology, except to an Affiliate under appropriate written confidentiality provisions who requires such information to carry out the objectives of this Agreement; shall use the same degree of care as is exercised with respect to its own confidential information to prevent disclosure of the same to any third party; and shall not use the same for any purpose other than exercising any right or rights granted to it herein; provided, however, that nothing herein contained shall restrict either party with respect to the disclosure or use of information which the recipient party can show: (a) was in its possession at the time of its receipt of same from the disclosing party; or (b) was part of the public knowledge or literature at the time of its receipt from the disclosing party, or thereafter becomes part of the public knowledge or literature through no fault of either party, their Affiliates, employees, representatives or any third party to whom such information was disclosed in accordance with the provisions of this Agreement; or (c) was received from a third party having the right to disclose such information. Specific technology disclosed by one party to the other hereunder shall not be deemed to be within any of the above three (3) exclusions merely because it is embraced by more general information included within one of the exclusions. 9.2 Notwithstanding the provisions of paragraph 9.1 above, and to the extent necessary: (a) a party may disclose and use the other party’s information for purposes of securing the registration of, and or governmental approval to market, pursuant to this Agreement, any Licensed Products; (b) a party may disclose and use the other party’s information where the disclosure and use of such will be necessary to the procurement of patent protection, pursuant to this Agreement, for a Licensed Product; (c) a party may disclose and use the other party’s information to the extent that it is necessary to aid in the development and commercialization, pursuant to this Agreement, of any Licensed Product provided that any such disclosure of the disclosing party’s information shall be in confidence and subject to provisions the same, or substantially the same, as those in paragraph 9.1 hereof. If this Agreement is terminated for any reason whatsoever, LICENSOR shall have the unrestricted right to use and disclose information generated by LICENSOR or BUKWANG pertaining to methods of synthesis, pharmacokinetics, toxicology, efficacy, clinical and other technical data related to Licensed Products. Such use and disclosure shall not be subject to the confidentiality provisions of paragraph 9.1 that survive termination of this Agreement.

DISCLOSURE OF INFORMATION AND CONFIDENTIALITY. 9.1 It will be necessary for LICENSOR to disclose to BUKWANG and for BUKWANG to disclose to LICENSOR such information and technology as will assist the parties to successfully carry out the objectives of this Agreement. BUKWANG will need to disclose to LICENSOR such information and technology relating to the filing of any patents related to Licensed Products and such other information as may be requested by LICENSOR which is necessary for LICENSOR to ascertain that to BUKWANG is performing its obligations pursuant to this Agreement. All such information and technology to be exchanged will be in writing and marked “"CONFIDENTIAL”". BUKWANG or LICENSOR, as the case may be, shall not, during the life of this Agreement and for a period of five (5) years *** after the termination or expiration of this Agreement, disclose to any third party the other’s 's technology, except to an Affiliate under appropriate written confidentiality provisions who requires such information to carry out the objectives of this Agreement; shall use the same degree of care as is exercised with respect to its own confidential information to prevent disclosure disclose of the same to any third party; and shall not use the same for any purpose other than exercising any right or rights granted to it herein; provided, however, that nothing herein contained shall restrict either party with respect to the disclosure or use of information which the recipient party can show: (a) was in its possession at the time of its receipt of same from the disclosing party; or (b) was part of the public knowledge or literature at the time of its receipt from the disclosing party, or thereafter becomes part of the public knowledge or literature through no fault of either party, their Affiliates, employees, employees representatives or any third party to whom such information was disclosed in accordance with the provisions of this Agreement; or (c) was received from form a third party having the right to disclose such information. Specific technology was disclosed by one party to the other hereunder shall not be deemed to be within any of the above three (3) exclusions merely because it is embraced by more general information included within one of the exclusions. 9.2 Notwithstanding the provisions of paragraph 9.1 above, and to the extent necessary:; (a) a party may disclose and use the other party’s 's information for purposes of securing the registration of, and or governmental approval to market, pursuant to this Agreement, any Licensed Products;; *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. (b) a party may disclose and use the other party’s 's information where the disclosure and use of such will be necessary to the procurement of patent protection, pursuant to this Agreement, for a Licensed Product; (c) a party may disclose and use the other party’s 's information to the extent that it is necessary to aid in the development and commercialization, pursuant to this Agreement, of any Licensed Product provided that any such disclosure of the disclosing party’s 's information shall be in confidence and subject to provisions the same, or substantially the same, as those in paragraph 9.1 hereof. If this Agreement is terminated for any reason whatsoever, LICENSOR shall have the unrestricted right to use and disclose information generated by LICENSOR or BUKWANG pertaining to methods of synthesis, pharmacokinetics, toxicology, efficacy, clinical and other technical data related to Licensed Products. Such use and disclosure shall not be subject to the confidentiality provisions of paragraph 9.1 that survive termination of this Agreement.

DISCLOSURE OF INFORMATION AND CONFIDENTIALITY. 9.1 It will be necessary for LICENSOR (a) Each Finance Party on it becoming a Party to this Agreement confirms to the Company that it shall keep confidential and not disclose to BUKWANG and for BUKWANG to disclose to LICENSOR any information (other than such information and technology as will assist the parties to successfully carry out the objectives of this Agreement. BUKWANG will need to disclose to LICENSOR such information and technology relating to the filing of any patents related to Licensed Products and such other information as may be requested by LICENSOR which is necessary for LICENSOR to ascertain that BUKWANG is performing its obligations pursuant to this Agreement. All such information and technology to be exchanged will be already in writing and marked “CONFIDENTIAL”. BUKWANG the public domain) which it has received in connection with the Facilities or LICENSOR, as the case may be, shall not, during the life of transactions contemplated under this Agreement and for a period of five (5"Confidential Information") years after except with the termination or expiration of this Agreement, disclose to any third party the other’s technology, except to an Affiliate under appropriate prior written confidentiality provisions who requires such information to carry out the objectives of this Agreement; shall use the same degree of care as is exercised with respect to its own confidential information to prevent disclosure consent of the same to any third party; Company and shall not use except that a Finance Party may disclose the same for any purpose other than exercising any right provisions of (or rights granted to it herein; provided, however, that nothing herein contained shall restrict either party with respect to the disclosure a copy of) this Agreement or use of information which the recipient party can showConfidential Information as follows: (ai) was in its possession at the time to such of its receipt officers, directors, employees and professional advisers (on a "need to know" and confidential basis for the purposes of same from the disclosing partyFacilities but without prejudicing its ordinary internal operations); (ii) in the case of the Agent or Issuing Bank, to the extent it is required or obliged to pass on information in accordance with its obligations under the Finance Documents; (iii) to anyone else to the extent required by law or regulation; or (iv) to the extent necessary, to any applicable governmental or other regulatory authority, provided that in the case of (iii) and (iv) above, the relevant Lender shall, to the extent permitted by law, give the Company reasonable prior notice of any intended disclosure to the extent practicable to give prior notice (or, if not practicable, promptly after the disclosure) and, if the Company requests, take into account its comments. This Clause shall continue to apply to a Finance Party for the period of 3 years after it ceases to be a Finance Party under this Agreement. (b) was part of the public knowledge or literature at the time of its receipt from the disclosing party, or thereafter becomes part of the public knowledge or literature through no fault of either party, their Affiliates, employees, representatives or any third party to whom such information was disclosed in accordance with the provisions of this Agreement; or (c) was received from a third party having the right to disclose such information. Specific technology disclosed by one party to the other hereunder shall not be deemed to be within any of the above three (3) exclusions merely because it is embraced by more general information included within one of the exclusions. 9.2 Notwithstanding the provisions of paragraph 9.1 (a) above, a Lender may disclose to any of its Affiliates and any other person: (i) to (or through) whom that Lender assigns or transfers (or may potentially assign or transfer) all or any of its rights and obligations under this Agreement; (ii) with (or through) whom that Lender enters into (or may potentially enter into) any sub-participation in relation to, or any other transaction under which payments are to be made by reference to, this Agreement or any Obligor; or (iii) to whom, and to the extent necessary: (a) a party may disclose that, information is required to be disclosed by any applicable law or regulation, any information about any Obligor, the Group and use the other party’s information Finance Documents as that Lender shall consider appropriate for the purposes of securing the registration ofFacilities if, in relation to paragraphs (i) and or governmental approval (ii) above, the person to market, pursuant whom the information is to this Agreement, any Licensed Products; (b) be given has entered into a party may disclose and use the other party’s information where the disclosure and use of such will be necessary to the procurement of patent protection, pursuant to this Agreement, for a Licensed Product;Confidentiality Undertaking. (c) The terms and conditions of the Finance Documents are not to be disclosed by the Company to any person who is not a party Finance Party, except with the prior written consent of the Arranger and except that the Company may disclose the terms and use conditions or a copy of any of them: (i) to its advisers (on a "need to know" and confidential basis) for the other party’s information purpose of the AA Acquisitions or Kodak Acquisition; (ii) to the Special Committee and their advisers (on a "need to know" and confidential basis); (iii) to anyone else to the extent required by law, regulation or any applicable stock exchange; or (iv) to the extent necessary, to any applicable governmental or other regulatory authority, provided that it is necessary (except for disclosure to aid in those advisers referred to above) the development and commercializationCompany shall, pursuant to this Agreementthe extent permitted by law, give the Arranger reasonable prior notice of any Licensed Product provided that any such intended disclosure of the disclosing party’s information shall be in confidence and subject to provisions the same, or substantially the same, as those in paragraph 9.1 hereof. If this Agreement is terminated for any reason whatsoever, LICENSOR shall have the unrestricted right to use and disclose information generated by LICENSOR or BUKWANG pertaining to methods of synthesis, pharmacokinetics, toxicology, efficacy, clinical and other technical data related to Licensed Products. Such use and disclosure shall not be subject to the confidentiality provisions of paragraph 9.1 that survive termination of this Agreementextent practicable to give prior notice (or, if not practicable, promptly after the disclosure) and, if the Arranger requests, take into account its comments.