Common use of Intellectual Property and Confidential Information Clause in Contracts

Intellectual Property and Confidential Information. a) All ALS IP will remain the property of ALS. ALS grants to the Client a world-wide, non-exclusive, royalty free licence to use ALS IP for the purpose agreed to between the Client and ALS to the extent that it is needed for the enjoyment and benefit of the Services. b) Neither ALS nor the Client will disclose Confidential Information of the other party to any third party without the prior written consent of the other party, unless required by law or the rules of a relevant stock exchange. ALS and the Client will only use Confidential Information of the other party for the purpose of the supply of the Services. c) Any report, findings, results, statement, certification issued by ALS (ALS Report) is issued on the basis of testing of samples or materials, information, or documents provided by, or on behalf of, the Client. The Client will indemnify and hold harmless ALS, its officers, employees, agents and subcontractors for any claim whatsoever in relation to any ALS Report arising from unclear, erroneous, incomplete, misleading or false information provided to ALS; or arising from any incorrect or defective materials or samples provided to ALS. d) Each ALS Report is: i) issued using detection limits and confidence intervals inherent in ALS’s testing methodology; ii) contains ALS’s results and opinions (if provided) on those samples or specific materials only; iii) solely for the benefit of the Client, its officers and employees; and iv) prepared at the request of the Client for the purpose agreed between the Client and ALS, and the Client may disclose the report to a third party for that purpose only, but ALS does not accept any responsibility or liability (including, without limitation, liability for negligence) to that third party. e) The Client indemnifies ALS, its directors, employees, agents, consultants, contractors, successors in title and assigns against any claim made against any or all of them by third parties arising out of either the disclosure of any ALS Report, whether directly or indirectly by the Client, to a third party; or any reproduction or publication of an extract of any ALS Report. f) The Client acknowledges and agrees that any action, inaction, or decision of the Client in response to the ALS Report will be determined by the Client. Neither ALS nor any of its officers, employees, agents, or subcontractors will be liable to the Client or any third party for any action or inaction of the Client in response to any ALS Report.

Intellectual Property and Confidential Information. a) All ALS SRG IP will remain the property of ALSSRG. ALS SRG grants to the Client a world-wideworldwide, non-exclusive, royalty royalty-free licence to use ALS SRG IP for the purpose agreed to between the Client and ALS SRG to the extent that it is needed for the enjoyment and benefit of the Services. b) Neither ALS SRG nor the Client will disclose Confidential Information of the other party to any third party without the prior written consent of the other party, unless required by law or the rules of a relevant stock exchange. ALS SRG and the Client will only use Confidential Information of the other party for the purpose of the supply of the Services. c) Any report, findings, results, statement, certification issued by ALS SRG (ALS SRG Report) is issued on the basis of testing of samples or materials, information, or documents provided by, or on behalf of, the Client. The Client will indemnify and hold harmless ALSSRG, its officers, employees, agents and subcontractors for any claim whatsoever in relation to any ALS SRG Report arising from unclear, erroneous, incomplete, misleading or false information provided to ALSSRG; or arising from any incorrect or defective materials or samples provided to ALSSRG. d) Each ALS SRG Report is: (i) issued using detection limits and confidence intervals inherent in ALSSRG’s testing methodology; (ii) contains ALSSRG’s results and opinions (if provided) on those samples or specific materials only; (iii) solely for the benefit of the Client, its officers and employees; and (iv) prepared at the request of the Client for the purpose agreed between the Client and ALSSRG, and the Client may disclose the report to a third party for that purpose only, but ALS SRG does not accept any responsibility or liability (including, without limitation, liability for negligence) to that third party. e) The Client indemnifies ALSSRG, its directors, employees, agents, consultants, contractors, successors in title and assigns against any claim made against any or all of them by third parties arising out of either the disclosure of any ALS SRG Report, whether directly or indirectly by the Client, to a third party; or any reproduction or publication of an extract of any ALS SRG Report. except to the extent any claim is caused or contributed to by the negligence, breach or willful misconduct of SRG. f) The Client acknowledges and agrees that any action, inaction, or decision of the Client in response to the ALS SRG Report will be determined by the Client. Neither ALS SRG nor any of its officers, employees, agents, or subcontractors will be liable to the Client or any third party for any action or inaction of the Client in response to any ALS SRG Report. g) SRG agrees to not provide the data and output collected and retrieved by SRG from the Client’s machines, facilities, samples or the likes in performing the Services to any third party (other than a third party engaged by SRG to assist in the provision of the Services), unless it is: (i) required to do so for the purpose of any audit or compliance purposes, or as otherwise required by law; or (ii) provided on an aggregated and anonymous basis, together with data or output from one, or more, other subscribers to the Services, for the purposes of providing statistical and/or analytical information. h) Subject to subclause (g) above, the Client hereby unconditionally and irrevocably grant to SRG, a perpetual worldwide, royalty-free, non- exclusive licence to use, reproduce, copy, store, modify, adapt, distribute, publish and create derivate works from, and otherwise exercise all intellectual property rights in, the anonymised data or output for any purpose and in any form, without compensation to the Client.

Intellectual Property and Confidential Information. a) All ALS SRG IP will remain the property of ALSSRG. ALS SRG grants to the Client a world-wideworldwide, non-exclusive, royalty royalty-free licence to use ALS SRG IP for the purpose agreed to between the Client and ALS SRG to the extent that it is needed for the enjoyment and benefit of the Services. b) Neither ALS SRG nor the Client will disclose Confidential Information of the other party to any third party without the prior written consent of the other party, unless required by law or the rules of a relevant stock exchange. ALS SRG and the Client will only use Confidential Information of the other party for the purpose of the supply of the Services. c) Any report, findings, results, statement, certification issued by ALS SRG (ALS SRG Report) is issued on the basis of testing of samples or materials, information, or documents provided by, or on behalf of, the Client. The Client will indemnify and hold harmless ALSSRG, its officers, employees, agents agents, and subcontractors for any claim whatsoever in relation to any ALS SRG Report arising from unclear, erroneous, incomplete, misleading or false information provided to ALSSRG; or arising from any incorrect or defective materials or samples provided to ALSSRG. d) Each ALS SRG Report is: (i) issued using detection limits and confidence intervals inherent in ALSSRG’s testing methodology; (ii) contains ALSSRG’s results and opinions (if provided) on those samples or specific materials only; (iii) solely for the benefit of the Client, its officers and employees; and (iv) prepared at the request of the Client for the purpose agreed between the Client and ALSSRG, and the Client may disclose the report to a third party for that purpose only, but ALS SRG does not accept any responsibility or liability (including, without limitation, liability for negligence) to that third party. e) The Client indemnifies ALSSRG, its directors, employees, agents, consultants, contractors, successors in title and assigns against any claim made against any or all of them by third parties arising out of either the disclosure of any ALS SRG Report, whether directly or indirectly by the Client, to a third party; or any reproduction or publication of an extract of any ALS SRG Report. except to the extent any claim is caused or contributed to by the negligence, breach or willful misconduct of SRG. f) The Client acknowledges and agrees that any action, inaction, or decision of the Client in response to the ALS SRG Report will be determined by the Client. Neither ALS SRG nor any of its officers, employees, agents, or subcontractors will be liable to the Client or any third party for any action or inaction of the Client in response to any ALS SRG Report. g) SRG agrees to not provide the data and output collected and retrieved by SRG from the Client’s machines, facilities, samples or the likes in performing the Services to any third party (other than a third party engaged by SRG to assist in the provision of the Services), unless it is: (i) required to do so for the purpose of any audit or compliance purposes, or as otherwise required by law; or (ii) provided on an aggregated and anonymous basis, together with data or output from one, or more, other subscribers to the Services, for the purposes of providing statistical and/or analytical information. h) Subject to subclause (g) above, the Client hereby unconditionally and irrevocably grant to SRG, a perpetual worldwide, royalty-free, non- exclusive licence to use, reproduce, copy, store, modify, adapt, distribute, publish, and create derivate works from, and otherwise exercise all intellectual property rights in, the anonymised data or output for any purpose and in any form, without compensation to the Client.