Common use of FHCRC and MSKCC Financial Information Clause in Contracts

FHCRC and MSKCC Financial Information. The Company will furnish to each of FHCRC and MSKCC (i) annually, the information described in Sections 3(a)(i) and (iii) above and (ii) (a) on the date each year that is six months after the information described in clause (i) of this sentence is furnished to each of FHCRC and MSKCC, and (b) on each date on which any of FHCRC or MKSCC receives a notice pursuant to Section 4.1(d) of this Agreement, Section 2.2 of the Right of First Refusal and Co-Sale Agreement or with respect to a Change in Control Transaction (as defined in the Voting Agreement) such interim financial reports described in Section 3(a)(ii) above as are available at such time; provided, however, that in each case, each of FHCRC and MSKCC shall ensure that such information is kept confidential and that such information is only disclosed to the following individuals: (x) with respect to FHCRC, the President and Director, Executive Vice Presidents, Chief Financial Officer and General Counsel of FHCRC, and any individual serving on the Executive Committee of the Board of FHCRC; and (y) with respect to MSKCC, the Chief Executive Officer, Chief Financial Officer, Vice President—Research and Technology Management, and Executive Director, Office of Technology Development of MSKCC, and any individual serving on the Executive Committee of the Board of MSKCC.

FHCRC and MSKCC Financial Information. The Company will furnish to each of FHCRC and MSKCC (i) annually, the information described in Sections 3(a)(i) and (iiiiv) above and (ii) (aii)(a) on the date each year that is six months after the information described in clause (i) of this sentence is furnished to each of FHCRC and MSKCC, and (b) on each date on which any of FHCRC or MKSCC receives a notice pursuant to Section 4.1(d) of this Agreement, Section 2.2 of the Right of First Refusal and Co-Sale Agreement or with respect to a Change in Control Transaction (as defined in the Voting Agreement) such interim financial reports described in Section 3(a)(ii) and (iii) above as are available at such time; provided, however, that in each case, each of FHCRC and MSKCC shall ensure that such information is kept confidential and that such information is only disclosed to the following individuals: (x) with respect to FHCRC, the President and Director, Executive Vice Presidents, Chief Financial Officer and General Counsel of FHCRC, and any individual serving on the Executive Committee of the Board of FHCRC; and (y) with respect to MSKCC, the Chief Executive Officer, Chief Financial Officer, Vice President—Research and Technology Management, and Executive Director, Office of Technology Development of MSKCC, and any individual serving on the Executive Committee of the Board of MSKCC.