Common use of Exceptions to Confidentiality Obligations Clause in Contracts

Exceptions to Confidentiality Obligations. 8.2.1 The Receiving Party’s obligations of confidentiality and non-use under this Agreement shall not apply to any Confidential Information of the Disclosing Party that the Receiving Party can prove by means of reasonable written evidence: (a) was known to the Receiving Party on a non-confidential basis prior to disclosure by the Disclosing Party; or (b) is or becomes publicly known other than as a result of breach of this Agreement by the Receiving Party or by anyone to whom the Receiving Party disclosed the Confidential Information of the Disclosing Party; or (c) is received by the Receiving Party without restriction on disclosure or use from a Third Party lawfully entitled to make the disclosure without such restrictions; or (d) is developed by any of the Receiving Party’s or its Affiliate’s directors, employees, consultants, advisors or agents (collectively, “Representatives”) who have not had any direct or indirect access to, or use or knowledge of, the Confidential Information of the Disclosing Party; except that the above exceptions do not extend to circumstances where the Confidential Information is (i) specific, does not fall within the above exceptions, and is embraced by more general information which does fall within the above exceptions or (ii) a combination of information in the public domain separated across multiple sources. 8.2.2 The Receiving Party will not be in breach of its obligations under this Agreement to the extent that it is required to disclose Confidential Information of the Disclosing Party by law (provided, in the case of a disclosure under any freedom of information legislation, that the exemptions under that legislation do not apply) or order of a court or other public body that has jurisdiction over it, provided that, before making such a disclosure, the Receiving Party shall, to the extent it is legally permitted to do so: (a) inform the Disclosing Party of the proposed disclosure as soon as possible, and if possible before the court or other public body orders the disclosure; (b) take into account reasonable requests of the Disclosing Party in relation to such disclosure; (c) ask the court or other public body to treat such Confidential Information as confidential; and (d) permit the Disclosing Party to make representations to the court or other public body in respect of the disclosure and/or confidential treatment of such Confidential Information.

Exceptions to Confidentiality Obligations. 8.2.1 The Receiving Party’s restrictions and confidentiality obligations of confidentiality and non-use under set forth in this Agreement shall do not apply to any Confidential Information which: (i) is, or hereafter becomes, generally available to the public other than as a result of the Disclosing Party that the Receiving Party can prove disclosure by means Recipient in breach of reasonable written evidence: this Agreement; (aii) was known already in Recipient’s possession prior to the Receiving Party entering into of this Agreement and such Confidential Information was obtained by Recipient without a breach or violation of any express or implied confidentiality duty or obligation; (iii) becomes available to Recipient on a non-confidential basis prior from a third party, provided that the third party providing such information is not prohibited from disclosing such information by a contractual, legal, or fiduciary obligation of confidentiality; (iv) is independently developed by Recipient without the use or benefit of Confidential Information provided to disclosure the Recipient pursuant to this Agreement and such independent development can be shown by documentary evidence; or (v) Recipient becomes compelled to disclose by way of statute, government regulation, or judicial order, provided, however, that Recipient shall provide the Disclosing Party with prompt notice of any such obligation to disclose so that the Disclosing Party may seek a protective order of the court or other appropriate remedy, and if requested by the Disclosing Party; or (b) is , Recipient shall exercise reasonable commercial efforts to assist Disclosing Party in obtaining a protective order or becomes publicly known other than as a result of breach of this Agreement by the Receiving Party or by anyone reliable assurance that confidential treatment will be accorded to whom the Receiving Party disclosed the Confidential Information prior to being disclosed, at the expense of the Disclosing Party; or (c) is received by the Receiving Party without restriction on disclosure or use from a Third Party lawfully entitled to make the disclosure without such restrictions; or (d) is developed by . In any event, Recipient shall furnish only that portion of the Receiving Party’s or its Affiliate’s directors, employees, consultants, advisors or agents (collectively, “Representatives”) who have not had any direct or indirect access to, or use or knowledge of, the Confidential Information of the Disclosing Party; except that the above exceptions do not extend to circumstances where the Confidential Information which is (i) specific, does not fall within the above exceptions, and is embraced by more general information which does fall within the above exceptions or (ii) a combination of information in the public domain separated across multiple sources. 8.2.2 The Receiving Party will not be in breach of its obligations under this Agreement to the extent that it is legally required to disclose Confidential Information of the Disclosing Party by law (provided, in the case of a disclosure under any freedom of information legislation, that the exemptions under that legislation do not apply) or order of a court or other public body that has jurisdiction over it, provided that, before making such a disclosure, the Receiving Party shall, to the extent it is legally permitted to do so: (a) inform the Disclosing Party of the proposed disclosure as soon as possible, and if possible before the court or other public body orders the disclosure; (b) take into account reasonable requests of the Disclosing Party in relation to such disclosure; (c) ask the court or other public body to treat such Confidential Information as confidential; and (d) permit the Disclosing Party to make representations to the court or other public body in respect of the disclosure and/or confidential treatment of such Confidential Informationbe disclosed.

Exceptions to Confidentiality Obligations. 8.2.1 The Receiving Party’s obligations 4.1 Notwithstanding any other provisions of confidentiality this Agreement, the Recipient may use and non-use under this Agreement shall not apply to disclose any Confidential Information of the Disclosing Party Discloser which is: 4.1.1 at the time of disclosure already lawfully in the possession of the Recipient or any of its Extended Affiliates without confidentiality obligations, provided that the Receiving Party Recipient can prove by means written evidence such prior possession; 4.1.2 at the time of reasonable written evidence: (a) was known to the Receiving Party on a non-confidential basis prior to disclosure, or becomes after such disclosure generally and publicly available, without any breach by the Disclosing Party; or (b) is or becomes publicly known other than as a result of breach Recipient of this Agreement by the Receiving Party or by anyone to whom the Receiving Party disclosed the Confidential Information of the Disclosing Party; orAgreement; (c) is 4.1.3 received by the Receiving Party Recipient or its Extended Affiliates without restriction on disclosure or use confidentiality obligations from a Third Party lawfully (other than to the extent such Third Party made the disclosure on behalf of the Discloser) who did not acquire such information directly or indirectly from the Discloser and who is entitled to make disclose such information; 4.1.4 independently created or developed by or on the disclosure behalf of the Recipient or any of its Extended Affiliates without such restrictionsthe access to, the reliance to, or the use of Discloser’s Confidential Information; or (d) is developed 4.1.5 permitted to be so disclosed by any prior written consent of the Receiving Party’s or its Affiliate’s directors, employees, consultants, advisors or agents (collectively, “Representatives”) who have not had any direct or indirect access to, or use or knowledge ofDiscloser. 4.2 Notwithstanding anything to the contrary contained herein, the Recipient shall be permitted to disclose (and such Party shall not be required to destroy) any Confidential Information of the Disclosing Party; except that the above exceptions do not extend to circumstances where the Confidential Information it is (i) specific, does not fall within the above exceptions, and is embraced by more general information which does fall within the above exceptions or (ii) a combination of information in the public domain separated across multiple sources. 8.2.2 The Receiving Party will not be in breach of its obligations under this Agreement only to the extent that it is required obliged to disclose Confidential Information by operation of the Disclosing Party law or by law (a requirement of a regulatory or judicial body, provided, in the case of a disclosure under any freedom of information legislationhowever, that the exemptions under that legislation do not applyRecipient shall (i) or order provide the Discloser with prompt notice of a court or other public body that has jurisdiction over it, provided that, before making such a disclosure, the Receiving Party shallevent, to the extent it is legally permitted feasible, so that the Discloser may take appropriate steps, including intervening, to do so: (a) inform protect the Disclosing Party confidentiality of the proposed Confidential Information, (ii) take all reasonable and lawful actions to avoid or minimize the degree of such disclosure as soon as possibleand to obtain assurance that confidential treatment will be afforded to the Confidential Information, and if possible before (iii) use reasonable efforts to cooperate with the court Discloser in the Discloser's efforts, at the Discloser's written request and expense, to apply for an appropriate protective order or similar legal remedy. In the event that such legally compelled disclosure is made, the Recipient shall continue in all other public body orders ways to maintain the disclosure; (b) take into account reasonable requests of the Disclosing Party in relation confidentiality obligations and use restrictions herein with respect to such disclosure; (c) ask the court or other public body to treat such Confidential Information and shall disclose only that portion of Confidential Information as confidential; andis legally required to be disclosed. (d) permit the Disclosing Party to make representations 4.3 Without prejudice to the court generality of Clause 4.1.2 hereof, information shall not be deemed to be publicly available by reason only that it is known to only a few of those people to whom it might be of commercial interest, and a combination of two or other public body in respect more portions of the Confidential Information shall not be deemed to be publicly available by reason only of each separate portion being so available. 4.4 Information shall not be considered Confidential Information unless it is reduced to writing (e-mail notification is sufficient) and marked “CONFIDENTIAL” or in the normal course of business can be considered of a confidential nature. An oral disclosure and/or confidential treatment shall be considered Confidential only if it is so confirmed at the time of such Confidential Informationdisclosure and is subsequently reduced to writing and confirmed to the receiving Party within 30 (thirty) days after its oral disclosure.

Exceptions to Confidentiality Obligations. 8.2.1 The Receiving Party’s confidentiality obligations of confidentiality in Sections 7.1 and non-use under this Agreement 7.2 shall not apply in respect of any information to any Confidential Information of the Disclosing Party that the Receiving Party can prove by means of reasonable written evidenceextent to which it: (a) was known to the Receiving Party on a non-confidential basis prior to disclosure by the Disclosing Party; or (bi) is or becomes publicly known other than as a result of breach of this Agreement by the Receiving Party or by anyone to whom the Receiving Party disclosed the Confidential Information of the Disclosing Party; or (c) is received by the Receiving Party without restriction on disclosure or use from a Third Party lawfully entitled to make the disclosure without such restrictions; or (d) is developed by any of the Receiving Party’s or its Affiliate’s directors, employees, consultants, advisors or agents (collectively, “Representatives”) who have not had any direct or indirect access to, or use or knowledge of, the Confidential Information of the Disclosing Party; except that the above exceptions do not extend to circumstances where the Confidential Information is (i) specific, does not fall within the above exceptions, and is embraced by more general information which does fall within the above exceptions or (ii) a combination of information in the public domain separated across multiple sources. 8.2.2 The Receiving Party will not be in breach at the time of its obligations under this Agreement the disclosing Party’s communication to the extent that it receiving Party; (ii) enters the public domain through no fault of the receiving Party after the time of the disclosing Party’s communication thereof to the receiving Party; (iii) was rightfully communicated by a third party to the receiving Party free of any obligation of confidence; (iv) is independently developed by a Party without access to and use of the other Party’s Confidential Information; (v) is required to disclose Confidential Information of the Disclosing Party be disclosed by law (providedlaw, in the case of a disclosure under any freedom of information legislationregulation, that the exemptions under that legislation do not apply) governmental authority, national stock exchange or order of a court national listing system rule or other public body that has jurisdiction over it, provided that, before making such a disclosure, the Receiving Party shall, to the extent it is legally permitted to do so: (a) inform the Disclosing Party of the proposed disclosure as soon as possible, and if possible before the court or other public body orders the disclosureregulation; (bvi) take into account reasonable requests is required to be disclosed by a court order provided, however, that if the receiving Party seeks disclosure of such information, it shall provide the Disclosing disclosing Party in relation with written notice thereof and the opportunity to seek a protective order or seek confidential treatment of any such disclosureinformation be to disclosed, if applicable, and, provided further, that such Party only discloses what is required to be disclosed; (cvii) ask pertains to the court terms and provisions of this License Agreement and is disclosed in confidence to a Party’s accountants, bankers, and financial and/or legal advisors who are under a duty to maintain such information in confidence; and/or (viii) is necessary to enforce the terms of this License Agreement. In connection with any proposed filing of this License Agreement with the Securities and Exchange Commission or other public body regulatory body, the Parties will work in good faith to treat such Confidential Information as confidential; and (d) permit the Disclosing Party to make representations to the court or other public body request promptly, and in respect of the disclosure and/or a manner consistent with a Party’s then-existing filing obligations therewith, confidential treatment for sections of this License Agreement that qualify for such Confidential Informationconfidential treatment.

Exceptions to Confidentiality Obligations. 8.2.1 The Receiving Party’s obligations 4.1 Notwithstanding any other provisions of confidentiality this Agreement, the Recipient may use and non-use under this Agreement shall not apply to disclose any Confidential Information of the Disclosing Party Discloser which is: 4.1.1 at the time of disclosure already lawfully in the possession of the Recipient or any of its Extended Affiliates without confidentiality obligations, provided that the Receiving Party Recipient can prove by means written evidence such prior possession; 4.1.2 at the time of reasonable written evidence: (a) was known to the Receiving Party on a non-confidential basis prior to disclosure, or becomes after such disclosure generally and publicly available, without any breach by the Disclosing Party; or (b) is or becomes publicly known other than as a result of breach Recipient of this Agreement by the Receiving Party or by anyone to whom the Receiving Party disclosed the Confidential Information of the Disclosing Party; orAgreement; (c) is 4.1.3 received by the Receiving Party Recipient or its Extended Affiliates without restriction on disclosure or use confidentiality obligations from a Third Party lawfully (other than to the extent such Third Party made the disclosure on behalf of the Discloser) who did not acquire such information directly or indirectly from the Discloser and who is entitled to make disclose such information; 4.1.4 independently created or developed by or on the disclosure behalf of the Recipient or any of its Extended Affiliates without such restrictionsthe access to, the reliance to, or the use of Discloser’s Confidential Information; 4.1.5 permitted to be so disclosed by prior written consent of the Discloser; or (d) is developed 4.1.6 obliged to be disclosed by any operation of the Receiving Party’s law or its Affiliate’s directorsby a requirement of a regulatory or judicial body, employeesprovided, consultantshowever, advisors or agents (collectively, “Representatives”) who have not had any direct or indirect access to, or use or knowledge of, the Confidential Information of the Disclosing Party; except that the above exceptions do not extend to circumstances where the Confidential Information is Recipient shall (i) specific, does not fall within provide the above exceptions, and is embraced by more general information which does fall within the above exceptions or (ii) a combination Discloser with prompt notice of information in the public domain separated across multiple sources. 8.2.2 The Receiving Party will not be in breach of its obligations under this Agreement to the extent that it is required to disclose Confidential Information of the Disclosing Party by law (provided, in the case of a disclosure under any freedom of information legislation, that the exemptions under that legislation do not apply) or order of a court or other public body that has jurisdiction over it, provided that, before making such a disclosure, the Receiving Party shallevent, to the extent it is legally permitted feasible, so that the Discloser may take appropriate steps, including intervening, to do so: (a) inform protect the Disclosing Party confidentiality of the proposed Confidential Information, (ii) take all reasonable and lawful actions to avoid or minimize the degree of such disclosure as soon as possibleand to obtain assurance that confidential treatment will be afforded to the Confidential Information, and if possible before (iii) use reasonable efforts to cooperate with the court Discloser in the Discloser's efforts, at the Discloser's written request and expense, to apply for an appropriate protective order or similar legal remedy. In the event that such legally compelled disclosure is made as permitted hereunder, the Recipient shall continue in all other public body orders ways to maintain the disclosure; (b) take into account reasonable requests of the Disclosing Party in relation confidentiality obligations and use restrictions herein with respect to such disclosure; (c) ask the court or other public body to treat such Confidential Information and shall disclose only that portion of Confidential Information as confidential; andis legally required to be disclosed. (d) permit the Disclosing Party to make representations 4.2 Without prejudice to the court generality of Clause 4.1.2 hereof, information shall not be deemed to be publicly available by reason only that it is known to only a few of those people to whom it might be of commercial interest, and a combination of two or other public body in respect more portions of the Confidential Information shall not be deemed to be publicly available by reason only of each separate portion being so available. 4.3 Information shall not be considered Confidential Information unless it is reduced to writing (e-mail notification is sufficient) and marked “CONFIDENTIAL” or in the normal course of business can be considered of a confidential nature. An oral disclosure and/or confidential treatment shall be considered Confidential only if it is so confirmed at the time of such Confidential Informationdisclosure and is subsequently reduced to writing and confirmed to the receiving Party within 30 (thirty) days after its oral disclosure.

Exceptions to Confidentiality Obligations. 8.2.1 The Receiving Party’s foregoing obligations of confidentiality and non-use under this Agreement set forth herein shall not apply to any Confidential Information of the Disclosing Party that the Receiving Party can prove by means of reasonable written evidence: which; (a) at the time of disclosure to K-C and/or Anthesis was generally known to the Receiving Party public or, after such disclosure, became generally known to the public other than by a breach of this Agreement by K-C and/or Anthesis; (b) was already in K-C or Anthesis’s possession at the time of such disclosure without an obligation of confidentiality to Company; (c) was later received by K-C and/or Anthesis on a non-confidential basis prior from a third party who, to disclosure K‑C’s knowledge, had the right to impart such Confidential Information; or (d) was independently developed by K-C or Anthesis employee(s) who did not benefit from or have access to the Disclosing Party; or (b) Confidential Information. Confidential Information shall not be deemed to be within one or more of the foregoing exceptions merely because any part of such Confidential Information is embodied in general disclosures or becomes because individual features, components or combinations are now or hereafter become publicly known other than as a result of breach of this Agreement by known. In the event that Receiving Party or any of its Representatives becomes legally compelled by anyone law, regulation, or administrative or legal process to whom the Receiving Party disclosed the Confidential Information of the Disclosing Party; or (c) is received by the Receiving Party without restriction on disclosure or use from a Third Party lawfully entitled to make the disclosure without such restrictions; or (d) is developed by disclose any of the Receiving Party’s or its Affiliate’s directors, employees, consultants, advisors or agents (collectively, “Representatives”) who have not had any direct or indirect access to, or use or knowledge ofcontents of the Confidential Information, the Confidential Information of the Disclosing Party; except Party agrees that the above exceptions do not extend to circumstances where the Confidential Information is (i) specific, does not fall within the above exceptions, and is embraced by more general information which does fall within the above exceptions or (ii) a combination of information in the public domain separated across multiple sources. 8.2.2 The Receiving Party will not be in breach of its obligations under this Agreement may do so without liability, but only to the extent that it such disclosure is so required to disclose Confidential Information of and only if Receiving Party (i) promptly notifies the Disclosing Party by law (provided, in the case of a prior to any such disclosure under any freedom of information legislation, that the exemptions under that legislation do not apply) or order of a court or other public body that has jurisdiction over it, provided that, before making such a disclosure, the Receiving Party shall, to the extent it is practicable and legally permitted permitted, (ii) cooperates with the Disclosing Party to do so: obtain a protective order or other appropriate assurance that confidential treatment will be afforded the Information, and (aiii) inform the promptly notifies Disclosing Party of the proposed disclosure as soon as possible, and if possible before the court or other public body orders the disclosure; (b) take into account reasonable requests of the Disclosing Party in relation to such disclosure; (c) ask the court or other public body to treat such Confidential Information as confidential; and (d) permit the Disclosing Party to make representations to the court or other public body in respect of the disclosure and/or confidential treatment of such Confidential Informationinformation so disclosed.

Exceptions to Confidentiality Obligations. 8.2.1 (a) The Receiving Party’s confidentiality obligations and restrictions of confidentiality and non-use under this Agreement Section 9.1 shall not apply to a disclosure to a governmental agency, to the public, or in judicial, administrative, or governmental proceedings pursuant to a valid subpoena or other applicable valid rule or order, but only to the extent the party intending to make a disclosure in good faith believes it is required by Law or by the rules of any stock exchange or securities regulatory authority; provided however, that: (i) Prior to making any such disclosure, it shall notify the other Party, and such notice shall specify and include: (A) the written opinion of legal counsel (of the Party intending to disclose) as to why such disclosure is required, (B) the date on which it intends to make such disclosure, and (C) the text of the proposed stock exchange announcement or other disclosure, (ii) The Party intending to disclose shall give due consideration to any comments received from the other Party within seven (7) days following the date notice was received by such other Party; provided however, that if the Party intending to disclose believes such disclosure must be made prior to the end of such seven (7) days, its notice to the other Party shall convey such belief and it shall give due consideration to comments received from the other Party prior to the date that it intends to make such disclosure, (iii) The Party intending to disclose shall disclose only that portion of the Confidential Information required to be disclosed and shall take all reasonable efforts to preserve the confidentiality thereof, including obtaining protective orders, and (iv) The Party intending to disclose shall have the burden of the Disclosing Party proving that the Receiving Party can prove by means of reasonable written evidence: disclosure under this subsection (a) was known to the Receiving Party on a non-confidential basis prior to disclosure by the Disclosing Party; or (b) is or becomes publicly known other than as a result of breach of this Agreement by the Receiving Party or by anyone to whom the Receiving Party disclosed the Confidential Information of the Disclosing Party; or (c) is received by the Receiving Party without restriction on disclosure or use from a Third Party lawfully entitled to make the disclosure without such restrictions; or (d) is developed by any of the Receiving Party’s or its Affiliate’s directors, employees, consultants, advisors or agents (collectively, “Representatives”) who have not had any direct or indirect access to, or use or knowledge of, the Confidential Information of the Disclosing Party; except that the above exceptions do not extend to circumstances where the Confidential Information is (i) specific, does not fall within the above exceptions, and is embraced by more general information which does fall within the above exceptions or (ii) a combination of information in the public domain separated across multiple sourcesrequired. 8.2.2 The Receiving Party will not be in breach of its obligations under this Agreement to the extent that it is required to disclose Confidential Information of the Disclosing Party by law (provided, in the case of a disclosure under any freedom of information legislation, that the exemptions under that legislation do not apply) or order of a court or other public body that has jurisdiction over it, provided that, before making such a disclosure, the Receiving Party shall, to the extent it is legally permitted to do so: (a) inform the Disclosing Party of the proposed disclosure as soon as possible, and if possible before the court or other public body orders the disclosure; (b) take into account reasonable requests of the Disclosing Party in relation to such disclosure; (c) ask the court or other public body to treat such Confidential Information as confidential; and (d) permit the Disclosing Party to make representations to the court or other public body in respect of the disclosure and/or confidential treatment of such Confidential Information.

Exceptions to Confidentiality Obligations. 8.2.1 The Receiving Party’s obligations of confidentiality and non-use under this Agreement clause 2 shall not apply to any Confidential Information of that: the Receiving Party possessed before the Disclosing Party that the Receiving Party can prove by means of reasonable written evidence: (a) was known disclosed it to the Receiving Party on a non-confidential basis prior to disclosure by the Disclosing Party; or (b) or is or becomes publicly known known, other than as a result of breach of the terms of this Agreement by the Receiving Party or by anyone to whom the Receiving Party disclosed the Confidential Information of the Disclosing Partyit; or (c) is received by or the Receiving Party without restriction on disclosure or use obtains from a Third third-party, and the third-party was not under any obligation of confidentiality to the Disclosing Party lawfully entitled with respect to make the disclosure without such restrictionsConfidential Information; or or it can show (das demonstrated by its written records or other reasonable evidence) is has been independently developed by any of the Receiving Party’s employees or its Affiliate’s directors, employees, consultants, advisors or agents (collectively, “Representatives”) Authorised Persons who have not had any direct or indirect access to, or use or knowledge of, the Confidential Information. The COMPANY acknowledges and agrees that TRINITY is subject to the FOIA and the codes of practice issued under the FOIA as may be amended, updated or replaced from time to time The COMPANY acknowledges and agrees that all Freedom of Information requests relating to this Agreement and any other relevant records will be processed by TRINITY under the terms of the Disclosing Party; except that FOIA. TRINITY and the above exceptions do not extend COMPANY shall communicate and co-operate during the processing of any such requests. Subject to circumstances where the Confidential Information is (i) specific, does not fall within the above exceptions, and is embraced by more general information which does fall within the above exceptions or (ii) a combination of information in the public domain separated across multiple sources. 8.2.2 The Receiving Party will not be in breach of its obligations under this Agreement to the extent that it is required to disclose Confidential Information of the Disclosing Party by law (provided, in the case of a disclosure under any freedom of information legislation, that the exemptions under that legislation do not apply) or order of a court or other public body that has jurisdiction over it, provided that, before making such a disclosureclause 7.2, the Receiving Party shall, to the extent it is legally permitted to do so: shall (a) inform at the Disclosing Party’s request, and (b) upon any termination of this Agreement: either return to the Disclosing Party or destroy (at the Disclosing Party’s option) all documents and other materials that contain any of the proposed disclosure as soon as possibleConfidential Information, including all copies made by the Receiving Party representatives; permanently delete all electronic copies of Confidential Information from the Receiving Party’s computer systems; and if possible before As an exception to its obligations under clause 7.1, the court or other public body orders the disclosure; (b) take into account reasonable requests Receiving Party may retain one copy of the Disclosing Party in relation to such disclosure; (c) ask the court or other public body to treat such Confidential Information as confidential; and (d) permit the Disclosing Party to make representations to the court or other public body in respect of the disclosure and/or confidential treatment of such Confidential Information, in paper form, in the Receiving Party’s legal files for the purpose of ensuring compliance with the Receiving Party’s obligations under this Agreement.

Exceptions to Confidentiality Obligations. 8.2.1 The Receiving Party’s confidentiality obligations of confidentiality in Sections 8.1 and non-use under this Agreement 8.2 shall not apply in respect of any information to any Confidential Information of the Disclosing Party that the Receiving Party can prove by means of reasonable written evidenceextent to which it: (a) was known to the Receiving Party on a non-confidential basis prior to disclosure by the Disclosing Party; or (bi) is or becomes publicly known other than as a result of breach of this Agreement by the Receiving Party or by anyone to whom the Receiving Party disclosed the Confidential Information of the Disclosing Party; or (c) is received by the Receiving Party without restriction on disclosure or use from a Third Party lawfully entitled to make the disclosure without such restrictions; or (d) is developed by any of the Receiving Party’s or its Affiliate’s directors, employees, consultants, advisors or agents (collectively, “Representatives”) who have not had any direct or indirect access to, or use or knowledge of, the Confidential Information of the Disclosing Party; except that the above exceptions do not extend to circumstances where the Confidential Information is (i) specific, does not fall within the above exceptions, and is embraced by more general information which does fall within the above exceptions or (ii) a combination of information in the public domain separated across multiple sources. 8.2.2 The Receiving Party will not be in breach at the time of its obligations under this Agreement the disclosing Party’s communication to the extent that it receiving Party; (ii) enters the public domain through no fault of the receiving Party after the time of the disclosing Party’s communication thereof to the receiving Party; (iii) was rightfully communicated by a third party to the receiving Party free of any obligation of confidence; (iv) is independently developed by a Party without access to and use of the other Party’s Confidential Information; (v) is required to disclose Confidential Information of the Disclosing Party be disclosed by law (providedlaw, in the case of a disclosure under any freedom of information legislationregulation, that the exemptions under that legislation do not apply) governmental authority, national stock exchange or order of a court national listing system rule or other public body that has jurisdiction over it, provided that, before making such a disclosure, the Receiving Party shall, to the extent it is legally permitted to do so: (a) inform the Disclosing Party of the proposed disclosure as soon as possible, and if possible before the court or other public body orders the disclosureregulation; (bvi) take into account reasonable requests is required to be disclosed by a court order provided, however, that if the receiving Party seeks disclosure of such information, it shall provide the Disclosing disclosing Party in relation with written notice thereof and the opportunity to seek a protective order or seek confidential treatment of any such disclosureinformation be to disclosed, if applicable, and, provided further, that such Party only discloses what is required to be disclosed; (cvii) ask pertains to the court terms and provisions of this License Agreement and is disclosed in confidence to a Party’s accountants, bankers, and financial and/or legal advisors who are under a duty to maintain such information in confidence; and/or (viii) is necessary to enforce the terms of this License Agreement. In connection with any proposed filing of this License Agreement with the Securities and Exchange Commission or other public body regulatory body, the Parties will work in good faith to treat such Confidential Information as confidential; and (d) permit the Disclosing Party to make representations to the court or other public body request promptly, and in respect of the disclosure and/or a manner consistent with a Party’s then-existing filing obligations therewith, confidential treatment for sections of this License Agreement that qualify for such Confidential Informationconfidential treatment.

Exceptions to Confidentiality Obligations. 8.2.1 The Receiving Party’s obligations of confidentiality and non-use under this Agreement clause 2 shall not apply to any Confidential Information of that: the Receiving Party possessed before the Disclosing Party that the Receiving Party can prove by means of reasonable written evidence: (a) was known disclosed it to the Receiving Party on a non-confidential basis prior to disclosure by the Disclosing Party; or (b) or is or becomes publicly known known, other than as a result of breach of the terms of this Agreement by the Receiving Party or by anyone to whom the Receiving Party disclosed the Confidential Information of the Disclosing Partyit; or (c) is received by or the Receiving Party without restriction on disclosure or use obtains from a Third third-party, and the third-party was not under any obligation of confidentiality to the Disclosing Party lawfully entitled with respect to make the disclosure without such restrictionsConfidential Information; or or it can show (das demonstrated by its written records or other reasonable evidence) is has been independently developed by any of the Receiving Party’s employees or its Affiliate’s directors, employees, consultants, advisors or agents (collectively, “Representatives”) Authorised Persons who have not had any direct or indirect access to, or use or knowledge of, the Confidential Information. The COMPANY acknowledges and agrees that TRINITY is subject to the FOIA and the codes of practice issued under the FOIA as may be amended, updated or replaced from time to time. The COMPANY acknowledges and agrees that: subject to clauses 6.2.2 and 6.3, the decision on whether any exemption applies to a request for disclosure of recorded information under the FOIA is a decision solely for TRINITY; and if TRINITY is processing a request under the FOIA to disclose any Confidential Information then the COMPANY shall co-operate with TRINITY, at TRINITY’s reasonable cost and expense, and shall use reasonable efforts to respond within ten (10) working days of TRINITY’s request for assistance in determining whether an exemption to the FOIA applies. If TRINITY determines, in its sole discretion, that it will disclose any of the Disclosing Party; except that COMPANY’s Confidential Information, it shall use reasonable efforts to notify the above exceptions do COMPANY in writing prior to any such disclosure. In any event, TRINITY shall not extend to circumstances where the disclose any Confidential Information is (i) specific, does not fall which falls within the above exceptions, and is embraced by more general information which does fall within the above exceptions or (ii) a combination of information in the public domain separated across multiple sources. 8.2.2 The Receiving Party will not be in breach of its obligations under this Agreement to the extent that it is required to disclose Confidential Information any of the Disclosing Party by law (provided, in exemptions of the case of a disclosure under FOIA and will consult with COMPANY to decide how best to respond to any freedom of information legislation, that the exemptions under that legislation do not apply) or order of a court or other public body that has jurisdiction over it, provided that, FOIA request before making such a disclosureany response is made. Subject to clause 7.2, the Receiving Party shall, to the extent it is legally permitted to do so: shall (a) inform at the Disclosing Party’s request, and (b) upon any termination of this Agreement: either return to the Disclosing Party or destroy (at the Disclosing Party’s option) all documents and other materials that contain any of the proposed disclosure as soon as possibleConfidential Information, including all copies made by the Receiving Party representatives; permanently delete all electronic copies of Confidential Information from the Receiving Party’s computer systems; and if possible before As an exception to its obligations under clause 7.1, the court or other public body orders the disclosure; (b) take into account reasonable requests Receiving Party may retain one copy of the Disclosing Party in relation to such disclosure; (c) ask the court or other public body to treat such Confidential Information as confidential; and (d) permit the Disclosing Party to make representations to the court or other public body in respect of the disclosure and/or confidential treatment of such Confidential Information, in paper form, in the Receiving Party’s legal files for the purpose of ensuring compliance with the Receiving Party’s obligations under this Agreement.

Exceptions to Confidentiality Obligations. 8.2.1 3.1 The Receiving Party’s 's obligations of confidentiality and non-use under this Agreement shall not apply to any Confidential Information of the Disclosing Party that the Receiving Party can prove by means of reasonable written evidence: (a) was known to the Receiving Party or its Affiliates on a non-confidential basis prior to disclosure by the Disclosing PartyParty or its Affiliates; or (b) is or becomes publicly known other than as a result of breach of this Agreement by the Receiving Party or by anyone to whom the Receiving Party or its Affiliates disclosed the Confidential Information of the Disclosing Party; or (c) is received by the Receiving Party or its Affiliates without restriction on disclosure or use from a Third Party third party lawfully entitled to make the disclosure without such restrictions; or (d) is developed by any of the Receiving Party’s or its Affiliate’s directors, employees, consultants, advisors or agents (collectively, “Representatives”) 's Representatives who have not had any direct or indirect access to, or use or knowledge of, the Confidential Information of the Disclosing Party; except that the above exceptions do not extend to circumstances where the Confidential Information of the Disclosing Party is (i) specific, does not fall within the above exceptions, and is embraced by more general information which does fall within the above exceptions or or (ii) a combination of information in the public domain separated across multiple sources. 8.2.2 3.2 The Receiving Party will not be in breach of its obligations under this Agreement to the extent that it is required to disclose Confidential Information of the Disclosing Party by law (provided, in the case of a disclosure under any freedom of information legislation, that the exemptions under that legislation do not apply) or order of a court or other public body that has jurisdiction over it, provided that, before making such a disclosure, the Receiving Party shall, to the extent it is legally permitted to do so: (a) inform the Disclosing Party of the proposed disclosure as soon as possible, and if possible before the court or other public body orders the disclosure; (b) take into account the Disclosing Party's reasonable requests of the Disclosing Party in relation to such disclosuredisclosure and disclose only the minimum amount of such Confidential Information necessary to comply with the requirement; (c) ask ask, and permit the Disclosing Party to ask, the court or other public body to treat such Confidential Information as confidential; and (d) permit take all reasonable measures to ensure the Disclosing Party to make representations to the court or other public body in respect of the disclosure and/or continued confidential treatment of such Confidential Information.

Exceptions to Confidentiality Obligations. 8.2.1 The Receiving Party9.1 Supplier’s obligations of confidentiality and non-use under this Agreement shall not apply to any Confidential Information of the Disclosing Party that the Receiving Party Supplier can prove by means of reasonable written evidenceevidence in a form satisfactory to AIS: (a) was known to the Receiving Party Supplier on a non-confidential basis prior to disclosure by the Disclosing Party; orAIS or its Representatives; (b) is or becomes publicly known other than as a result of breach of this Agreement by the Receiving Party Supplier or by anyone to whom the Receiving Party Supplier disclosed the Confidential Information of the Disclosing Party; orInformation; (c) is received by the Receiving Party Supplier without restriction on disclosure or use from a Third Party third party lawfully entitled to make the disclosure without such restrictions; or (d) is developed by any of the Receiving PartySupplier’s or its Affiliate’s directors, employees, consultants, advisors or agents (collectively, “Representatives”) Representatives who have not had any direct or indirect access to, or use or knowledge of, the Confidential Information of the Disclosing Party; except that the above exceptions do not extend to circumstances where the Confidential Information is (i) specific, does not fall within the above exceptions, and is embraced by more general information which does fall within the above exceptions or (ii) a combination of information in the public domain separated across multiple sourcesInformation. 8.2.2 The Receiving Party 9.2 Supplier will not be in breach of its obligations under this Agreement to the extent that it is required to disclose Confidential Information of the Disclosing Party by applicable law (provided, in the case of a disclosure under any freedom of information legislation, that the exemptions under that legislation do not apply) or order of a court or other public body that has jurisdiction over it, provided that, before making such a disclosure, the Receiving Party Supplier shall, to the extent it is legally permitted to do so: (a) inform the Disclosing Party AIS of the proposed disclosure as soon as possibleimmediately, and if possible before the court or other public body orders the disclosure; (b) take into account reasonable requests of the Disclosing Party AIS in relation to such disclosure; (c) ask the court or other public body to treat such Confidential Information as confidential; and (d) permit the Disclosing Party AIS to make representations to the court or other public body in respect of the disclosure and/or confidential treatment of such Confidential Information.

Exceptions to Confidentiality Obligations. 8.2.1 The Receiving Party’s restrictions and confidentiality obligations of confidentiality and non-use under set forth in this Agreement shall do not apply to any Confidential Information of the Disclosing Party that the Receiving Party can prove by means of reasonable written evidencewhich: (a) was known a. is, or hereafter becomes, generally available to the Receiving Party public other than as a result of a breach of this Agreement; b. was already in the Recipient’s possession prior to the entering into of this Agreement and such Confidential Information was obtained by the Recipient without a breach or violation of any express or implied confidentiality duty or obligation; c. becomes available to the Recipient on a non-confidential basis prior from a third party, provided that the third party providing such information is not prohibited from disclosing such information by a contractual, legal or fiduciary obligation of confidentiality; d. is independently developed by the Recipient without the use or benefit of Confidential Information provided to disclosure the Recipient pursuant to this Agreement (and is not from a third party who is prohibited from disclosing such information by a contractual, legal or fiduciary obligation of confidentiality) and such independent development can be shown by documentary evidence; or e. the Recipient becomes compelled to disclose by way of statute, government regulation, or judicial order, provided, however, that the Recipient shall provide the Disclosing Party with prompt written notice of any such obligation to disclose so that the Disclosing Party may seek a protective order of the court or other appropriate remedy, and if requested by the Disclosing Party; or (b) is , the Recipient or becomes publicly known the Recipient’s Representative, as the case may be, shall exercise reasonable commercial efforts to obtain a protective order or other than as a result of breach of this Agreement by the Receiving Party or by anyone reliable assurance that confidential treatment will be accorded to whom the Receiving Party disclosed the Confidential Information prior to being disclosed, at the expense of the Disclosing Party; or (c) is received by . In any event, the Receiving Party without restriction on disclosure or use from a Third Party lawfully entitled to make the disclosure without such restrictions; or (d) is developed by any Recipient shall furnish only that portion of the Receiving Party’s or its Affiliate’s directors, employees, consultants, advisors or agents (collectively, “Representatives”) who have not had any direct or indirect access to, or use or knowledge of, the Confidential Information of the Disclosing Party; except that the above exceptions do not extend to circumstances where the Confidential Information which is (i) specific, does not fall within the above exceptions, and is embraced by more general information which does fall within the above exceptions or (ii) a combination of information in the public domain separated across multiple sources. 8.2.2 The Receiving Party will not be in breach of its obligations under this Agreement to the extent that it is legally required to disclose Confidential Information of the Disclosing Party by law (provided, in the case of a disclosure under any freedom of information legislation, that the exemptions under that legislation do not apply) or order of a court or other public body that has jurisdiction over it, provided that, before making such a disclosure, the Receiving Party shall, to the extent it is legally permitted to do so: (a) inform the Disclosing Party of the proposed disclosure as soon as possible, and if possible before the court or other public body orders the disclosure; (b) take into account reasonable requests of the Disclosing Party in relation to such disclosure; (c) ask the court or other public body to treat such Confidential Information as confidential; and (d) permit the Disclosing Party to make representations to the court or other public body in respect of the disclosure and/or confidential treatment of such Confidential Informationbe disclosed.

Exceptions to Confidentiality Obligations. 8.2.1 The Receiving Party’s obligations obligation of confidentiality and non-use under contained in this Agreement shall not apply to any Confidential Information of the Disclosing Party extent that the Receiving Party Recipient can prove by means demonstrate that (i) the disclosed information was at the time of reasonable written evidence: (a) was known such disclosure to the Receiving Party on a non-confidential basis prior to disclosure by Recipient already in the Disclosing Party; or (b) is or becomes publicly known public domain other than as a result of breach actions or inactions of the Recipient, its Affiliates or their respective, directors, officers, employees, agents, subcontractors, consultants or counsel in violation hereof, (ii) the disclosed information subsequently enters the public domain other than as a result of actions or inactions of the Recipient, its Affiliates or their respective, directors, officers, employees, agents, subcontractors, consultants or counsel in violation hereof, (iii) the disclosed information was rightfully known by the Recipient or its Affiliates (as shown by its written records) prior to the date of disclosure to the Recipient, (iv) the disclosed information was lawfully received by the Recipient or its Affiliates on an unrestricted basis from a source unrelated to any Party to this Agreement and not known by the Receiving Party or by anyone Recipient to whom the Receiving Party disclosed the Confidential Information be under a duty of confidentiality to the Disclosing Party; or , or (cv) disclosure is received required by a government regulatory agency as part of such agency’s product license approval process, or is otherwise required by law, order or regulation of a governmental agency or a court of competent jurisdiction, provided, however, the Receiving Party without restriction on disclosure or use from a Third Party lawfully entitled to Recipient shall not make the any such disclosure without such restrictions; or (d) is developed by any of the Receiving Party’s or its Affiliate’s directors, employees, consultants, advisors or agents (collectively, “Representatives”) who have not had any direct or indirect access to, or use or knowledge of, the Confidential Information of the Disclosing Party; except that the above exceptions do not extend to circumstances where the Confidential Information is (i) specific, does not fall within the above exceptions, and is embraced by more general information which does fall within the above exceptions or (ii) a combination of information in the public domain separated across multiple sources. 8.2.2 The Receiving Party will not be in breach of its obligations under this Agreement to the extent that it is required to disclose Confidential Information of first notifying the Disclosing Party by law (provided, in the case of a disclosure under any freedom of information legislation, that the exemptions under that legislation do not apply) or order of a court or other public body that has jurisdiction over it, provided that, before making such a disclosure, the Receiving Party shall, to the extent it is legally permitted to do so: (a) inform and allowing the Disclosing Party of a reasonable opportunity to seek injunctive relief from (or a protective order with respect to) the proposed disclosure as soon as possible, and if possible before the court or other public body orders the disclosure; (b) take into account reasonable requests of the Disclosing Party in relation obligation to make such disclosure; (c) ask the court or other public body to treat such Confidential Information as confidential; and (d) permit the Disclosing Party to make representations to the court or other public body in respect of the disclosure and/or confidential treatment of such Confidential Information. [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.]

Exceptions to Confidentiality Obligations. 8.2.1 The Receiving Party’s obligations of confidentiality and non-use under this Agreement clause 2 shall not apply to any Confidential Information of that: the Receiving Party possessed before the Disclosing Party that the Receiving Party can prove by means of reasonable written evidence: (a) was known disclosed it to the Receiving Party on a non-confidential basis prior to disclosure by the Disclosing Party; or (b) or is or becomes publicly known known, other than as a result of breach of the terms of this Agreement by the Receiving Party or by anyone to whom the Receiving Party disclosed the Confidential Information of the Disclosing Partyit; or (c) is received by or the Receiving Party without restriction on disclosure or use obtains from a Third Party lawfully entitled third-party, and the third-party was not under any obligation of confidentiality with respect to make the disclosure without such restrictionsConfidential Information; or or it can show (das demonstrated by its written records or other reasonable evidence) is has been developed by any of the Receiving Party’s or its Affiliate’s directors, employees, consultants, advisors or agents (collectively, “Representatives”) employees who have not had any direct or indirect access to, or use or knowledge of, the Confidential Information. The Company acknowledges and agrees that: the University is subject to the Freedom of Information Act 2014 (“FOIA”) and the codes of practice issued under FOIA as may be amended, updated or replaced from time to time; and all Freedom of Information requests relating to this Agreement and any other relevant records will be processed by the University under the terms of the FOIA. The University and the Company will communicate and co-operate during the processing of such requests. This Agreement shall commence on the date of execution of this Agreement and shall continue in force unless and until it is terminated in accordance with its terms or otherwise terminated or superseded by written agreement between the Parties. Either Party may terminate this Agreement at any time by giving seven (7) days’ prior written notice to the other Party. Subject to clause 8.4, the Receiving Party shall (a) at the Disclosing Party’s request, and (b) upon any termination of this Agreement: either return to the Disclosing Party or destroy (at the Disclosing Party’s option) all documents and other materials that contain any of the Confidential Information, including all copies made by the Receiving Party representatives; except permanently delete all electronic copies of Confidential Information from the Receiving Party’s computer systems; and provide to the Disclosing Party a certificate, signed by an officer of the Receiving Party, confirming that the above exceptions do not extend obligations referred to circumstances where in clauses 8.3.1 and 8.3.2 have been met. As an exception to its obligations under clause 8.3, the Receiving Party may retain one copy of the Confidential Information, in paper form, in the Receiving Party’s legal files for the purpose of ensuring compliance with the Receiving Party’s obligations under this Agreement. Following the date of any termination of this Agreement, or any return of Confidential Information is to the Disclosing Party (i“Final Date”), (a) specific, does not fall within the above exceptionsReceiving Party shall make no further use of the Confidential Information, and is embraced by more general information which does fall within (b) the above exceptions or (ii) a combination of information in the public domain separated across multiple sources. 8.2.2 The Receiving Party will not be in breach of its Party’s obligations under this Agreement to the extent that it is required to disclose Confidential Information of the Disclosing Party by law (providedshall otherwise continue in force, in the case of a disclosure under any freedom of information legislation, that the exemptions under that legislation do not apply) or order of a court or other public body that has jurisdiction over it, provided that, before making such a disclosure, the Receiving Party shall, to the extent it is legally permitted to do so: (a) inform the Disclosing Party of the proposed disclosure as soon as possible, and if possible before the court or other public body orders the disclosure; (b) take into account reasonable requests of the Disclosing Party in relation to such disclosure; (c) ask the court or other public body to treat such Confidential Information as confidential; and (d) permit the Disclosing Party to make representations to the court or other public body in respect of Confidential Information disclosed prior to the disclosure and/or confidential treatment Final Date, in each case for a period of such Confidential Information[5/10] years from the Final Date.

Exceptions to Confidentiality Obligations. 8.2.1 The Receiving Party’s obligations of confidentiality and non-use under this Agreement clause 2 shall not apply to any Confidential Information of that: the Receiving Party possessed before the Disclosing Party that the Receiving Party can prove by means of reasonable written evidence: (a) was known disclosed it to the Receiving Party on a non-confidential basis prior to disclosure by the Disclosing Party; or (b) or is or becomes publicly known known, other than as a result of breach of the terms of this Agreement by the Receiving Party or by anyone to whom the Receiving Party disclosed the Confidential Information of the Disclosing Partyit; or (c) is received by or the Receiving Party without restriction on disclosure or use obtains from a Third Party lawfully entitled third-party, and the third-party was not under any obligation of confidentiality with respect to make the disclosure without such restrictionsConfidential Information; or or it can show (das demonstrated by its written records or other reasonable evidence) is has been developed by any of the Receiving Party’s or its Affiliate’s directors, employees, consultants, advisors or agents (collectively, “Representatives”) employees who have not had any direct or indirect access to, or use or knowledge of, the Confidential Information. The COMPANY acknowledges and agrees that the RPO is subject to the FOIA and the codes of practice issued under the FOIA as may be amended, updated or replaced from time to time. The COMPANY acknowledges and agrees that: subject to clauses 6.2.2 and 6.3, the decision on whether any exemption applies to a request for disclosure of recorded information under the FOIA is a decision solely for the RPO; and if the RPO is processing a request under the FOIA to disclose any Confidential Information then the COMPANY shall co-operate with the RPO, at the RPO’s reasonable cost and expense, and shall use reasonable efforts to respond within ten (10) working days of the RPO’s request for assistance in determining whether an exemption to the FOIA applies. If the RPO determines, in its sole discretion, that it will disclose any of the COMPANY’s Confidential Information, it shall use reasonable efforts to notify the COMPANY in writing prior to any such disclosure. In any event, the RPO shall not disclose any Confidential Information which falls within any of the exemptions of the FOIA and will consult with COMPANY to decide how best to respond to any FOIA request before any response is made.] Subject to clause 7.2, the Receiving Party shall (a) at the Disclosing Party’s request, and (b) upon any termination of this Agreement: either return to the Disclosing Party or destroy (at the Disclosing Party’s option) all documents and other materials that contain any of the Confidential Information, including all copies made by the Receiving Party representatives; except permanently delete all electronic copies of Confidential Information from the Receiving Party’s computer systems; and provide to the Disclosing Party a certificate, signed by an officer of the Receiving Party, confirming that the above exceptions do not extend obligations referred to circumstances where in clauses 7.1.1 and 7.1.2 have been met. As an exception to its obligations under clause 7.1, the Receiving Party may retain one copy of the Confidential Information, in paper form, in the Receiving Party’s legal files for the purpose of ensuring compliance with the Receiving Party’s obligations under this Agreement. Following the date of any termination of this Agreement, or any return of Confidential Information is to the Disclosing Party (i“Final Date”), (a) specific, does not fall within the above exceptionsReceiving Party shall make no further use of the Confidential Information, and is embraced by more general information which does fall within (b) the above exceptions or (ii) a combination of information in the public domain separated across multiple sources. 8.2.2 The Receiving Party will not be in breach of its Party’s obligations under this Agreement to the extent that it is required to disclose Confidential Information of the Disclosing Party by law (providedshall otherwise continue in force, in the case of a disclosure under any freedom of information legislation, that the exemptions under that legislation do not apply) or order of a court or other public body that has jurisdiction over it, provided that, before making such a disclosure, the Receiving Party shall, to the extent it is legally permitted to do so: (a) inform the Disclosing Party of the proposed disclosure as soon as possible, and if possible before the court or other public body orders the disclosure; (b) take into account reasonable requests of the Disclosing Party in relation to such disclosure; (c) ask the court or other public body to treat such Confidential Information as confidential; and (d) permit the Disclosing Party to make representations to the court or other public body in respect of Confidential Information disclosed prior to the disclosure and/or confidential treatment Final Date, in each case [for a period of such Confidential Information[1] [5] [10] [15] [20] years from the [date of this Agreement][Final Date]] [without limit of time].