Common use of General Confidentiality Provisions Clause in Contracts

General Confidentiality Provisions. The terms and conditions of this Agreement, the Settlement Note and the Pledge Agreement (collectively, the “Settlement Agreements”) and all correspondence relating to the Settlement Agreements are confidential. The Parties and their successors, assigns and affiliates, shall keep the terms and conditions of the Settlement Agreements strictly confidential and no Party or any successor, assignee or affiliate shall now or hereafter disclose such terms and conditions to any third party for so long as such terms and conditions remain confidential except: (i) with the prior written consent of the other Parties, which consent shall not be unreasonably withheld, (ii) as may be required by applicable law, regulation, or order of a governmental authority of competent jurisdiction other than as contemplated by Section 7.2 below, (iii) as contemplated in Section 7.2 and Section 7.3 below, (iv) during the course of litigation, provided that any such disclosure is subject to the same restrictions as is the confidential information of the other litigating parties and such restrictions are embodied in a court-entered protective order limiting disclosure to outside counsel, or (v) in confidence to the professional legal and financial counsel representing such Party. With respect to the foregoing (ii) and (iv), such disclosing Party shall, to the extent legally permissible, provide the other Parties with prior written notice of such applicable law, regulation, or order and, at the request of such other Parties, use reasonable efforts to limit the disclosure to the minimum necessary terms and conditions of this Agreement, and, in the disclosing Party’s sole and absolute discretion, to obtain a protective order or other confidential treatment. Notwithstanding the foregoing, and subject to Section 7.3, IOENGINE may disclose the terms of the Settlement Agreements to third parties in licensing discussions that are subject to non-disclosure or confidentiality obligations. SETTLEMENT AGREEMENT (GlassBridge Enterprises, Inc. / IOENGINE LLC) Page 4 of 9

General Confidentiality Provisions. The terms and conditions of this Agreement, the Settlement Note and the Pledge Agreement (collectively, the “Settlement Agreements”) and all correspondence relating to the Settlement Agreements are confidential. The Parties and their successors, assigns and affiliates, shall keep the terms and conditions of the Settlement Agreements strictly confidential and no Party or any successor, assignee or affiliate shall now or hereafter disclose such terms and conditions to any third party for so long as such terms and conditions remain confidential except: (i) with the prior written consent of the other Parties, which consent shall not be unreasonably withheld, (ii) as may be required by applicable law, regulation, or order of a governmental authority of competent jurisdiction other than as contemplated by Section 7.2 below, (iii) as contemplated in Section 7.2 and Section 7.3 below, (iv) during the course of litigation, provided that any such disclosure is subject to the same restrictions as is the confidential information of the other litigating parties and such restrictions are embodied in a court-entered protective order limiting disclosure to outside counsel, or (v) in confidence to the professional legal and financial counsel representing such Party. With respect to the foregoing (ii) and (iv), such disclosing Party shall, to the extent legally permissible, provide the other Parties with prior written notice of such applicable law, regulation, or order and, at the request of such other Parties, use reasonable efforts to limit the disclosure to the minimum necessary terms and conditions of this Agreement, and, in the disclosing Party’s sole and absolute discretion, to obtain a protective order or other confidential treatment. Notwithstanding the foregoing, and subject to Section 7.3, IOENGINE may disclose the terms of the Settlement Agreements to third parties in licensing discussions that are subject to non-disclosure or confidentiality obligations. SETTLEMENT AGREEMENT (GlassBridge Enterprises, Inc. / IOENGINE LLC) Page 4 of 9.

General Confidentiality Provisions. The terms and conditions of this Agreement, the Settlement Note and the Pledge Agreement (collectively, the “Settlement Agreements”) and all correspondence relating to the Settlement Agreements this Agreement are confidential. The Parties and their successors, assigns and affiliates, shall keep the terms and conditions of the Settlement Agreements this Agreement strictly confidential and no Party or any successor, assignee or affiliate shall now or hereafter disclose such terms and conditions to any third party for so long as such terms and conditions remain confidential except: (i) with the prior written consent of the other Parties, which consent shall not be unreasonably withheld, (ii) as may be required by applicable law, regulation, or order of a governmental authority of competent jurisdiction other than as contemplated by Section 7.2 8.2 below, (iii) as contemplated in Section 7.2 and Section 7.3 8.2 below, (iv) during the course of litigation, provided that any such disclosure is subject to the same restrictions as is the confidential information of the other litigating parties and such restrictions are embodied in a court-entered protective order limiting disclosure to outside counsel, or (v) in confidence to the professional legal and financial counsel representing such Party. With respect to the foregoing (ii) and (iv), such disclosing Party shall, to the extent legally permissible, provide the other Parties with prior written notice of such applicable law, regulation, or order and, at the request of such other Parties, use reasonable efforts to limit the disclosure to the minimum necessary terms and conditions of this Agreement, and, in the disclosing Party’s sole and absolute discretion, to obtain a protective order or other confidential treatment. Notwithstanding the foregoing, and subject to Section 7.38.2, IOENGINE may disclose the terms of the Settlement Agreements this Agreement to third parties in licensing discussions that are subject to non-disclosure or confidentiality obligations. SETTLEMENT AGREEMENT (obligations and GlassBridge Enterprises, Inc. / IOENGINE LLC) Page 4 may disclose the terms of 9this Agreement to the buyer of Nexsan Corporation.