Common use of Product Materials Clause in Contracts

Product Materials. (i) [***] shall be responsible for [***] the [***], [***] and [***] for the Product in the Territory. Subject to Section 3.3(a)(ii), all marketing, advertising, promotional, sales, educational (including medical education and disease state materials) and communication materials used by either Party in the Marketing of the Product in the Territory pursuant to this Agreement, in any format, including audio, visual, digital or computer formats (collectively, the “Product [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. EXECUTION VERSION Promotional and Educational Materials”), shall be [***] and shall be subject to the review and approval by [***] that is responsible for reviewing and approving Product Promotional and Educational Materials (the “[***]”) prior to being used by [***] in the Territory. (ii) [***] shall be required to provide Product Promotional and Educational Materials and sales training materials that comply with Applicable Law and with Relypsa’s policies and procedures. [***] shall be afforded sufficient time after receiving such materials from [***] to review and comment on such materials and shall submit any proposed changes to [***] for review and approval by [***]. Notwithstanding anything else in this Agreement to the contrary, [***]. If [***], [***] shall [***]. (iii) Relypsa, [***], shall be responsible for the production and distribution of all Product Promotional and Educational Materials. Neither Sanofi nor Relypsa shall distribute or permit any use of any Product Promotional and Educational Materials that are not approved by the [***] as provided in Section 3.3(a)(i). Relypsa shall be responsible for distributing Product Promotional and Educational Materials to its Relypsa PSRs, Regional Business Managers and Sales Management Team, and for ensuring use only of Product Promotional and Educational Materials approved as provided hereunder. [***] shall distribute Product Promotional and Educational Materials to [***] PSRs, Regional Business Managers and Sales Management Team ([***]); provided that [***] shall first require [***], which shall [***]. Product Promotional and Educational Materials shall be used by Sanofi only for the purposes of this Agreement. [***] will [***]. Notwithstanding anything to the contrary, (A) Sanofi shall [***] to the extent reasonably necessary for [***] as described herein, (B) the Parties shall immediately cease using any previously approved Product Promotional and Educational Materials upon the written request of Relypsa, and (C) Relypsa shall [***]. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. EXECUTION VERSION

Product Materials. (i) [***] shall be responsible for [***] the [***], [***] and [***] for the Product in the Territory. Subject to Section 3.3(a)(ii)0, all marketing, advertising, promotional, sales, educational (including medical education and disease state materials) and communication materials used by either Party in the Marketing of the Product in the Territory pursuant to this Agreement, in any format, including audio, visual, digital or computer formats (collectively, the “Product [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. EXECUTION VERSION Promotional and Educational Materials”), shall be [***] and shall be subject to the review and approval by [***] that is responsible for reviewing and approving Product Promotional and Educational Materials (the “[***]”) prior to being used by [***] in the Territory. (ii) [***] shall be required to provide Product Promotional and Educational Materials and sales training materials that comply with Applicable Law and with Relypsa’s policies and procedures. [***] shall be afforded sufficient time after receiving such materials from [***] to review and comment on such materials and shall submit any proposed changes to [***] for review and approval by [***]. Notwithstanding anything else in this Agreement to the contrary, [***]. If [***], [***] shall [***]. (iii) Relypsa, [***], shall be responsible for the production and distribution of all Product Promotional and Educational Materials. Neither Sanofi nor Relypsa shall distribute or permit any use of any Product Promotional and Educational Materials that are not approved by the [***] as provided in Section 3.3(a)(i)0. Relypsa shall be responsible for distributing Product Promotional and Educational Materials to its Relypsa PSRs, Regional Business Managers and Sales Management Team, and for ensuring use only of Product Promotional and Educational Materials approved as provided hereunder. [***] shall distribute Product Promotional and Educational Materials to [***] PSRs, Regional Business Managers and Sales Management Team ([***]); provided that [***] shall first require [***], which shall [***]. Product Promotional and Educational Materials shall be used by Sanofi only for the purposes of this Agreement. [***] will [***]. Notwithstanding anything to the contrary, (A) Sanofi shall [***] to the extent reasonably necessary for [***] as described herein, (B) the Parties shall immediately cease using any previously approved Product Promotional and Educational Materials upon the written request of Relypsa, and (C) Relypsa shall [***]. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. EXECUTION VERSION.

Product Materials. (i) [***] shall be responsible for [***] the [***], [***] and [***] for the Product in the Territory. Subject to Section 3.3(a)(ii), all marketing, advertising, promotional, sales, educational (including medical education and disease state materials) and communication materials used by either Party in the Marketing of the Product in the Territory pursuant to this Agreement, in any format, including audio, visual, digital or computer formats (collectively, the “Product [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. EXECUTION VERSION Promotional and Educational Materials”), shall be [***] and shall be subject to the review and approval by [***] that is responsible for reviewing and approving Product Promotional and Educational Materials (the “[***]”) prior to being used by [***] in the Territory. (ii) [***] shall be required to provide Product Promotional and Educational Materials and sales training materials that comply with Applicable Law and with Relypsa’s policies and procedures. [***] shall be afforded sufficient time after receiving such materials from [***] to review and comment on such materials and shall submit any proposed changes to [***] for review and approval by [***]. Notwithstanding anything else in this Agreement to the contrary, [***]. If [***], [***] shall [***]. (iii) Relypsa, [***], shall be responsible for the production and distribution of all Product Promotional and Educational Materials. Neither Sanofi nor Relypsa shall distribute or permit any use of any Product Promotional and Educational Materials that are not approved by the [***] as provided in Section 3.3(a)(i). Relypsa shall be responsible for distributing Product Promotional and Educational Materials to its Relypsa PSRs, Regional Business Managers and Sales Management Team, and for ensuring use only of Product Promotional and Educational Materials approved as provided hereunder. [***] shall distribute Product Promotional and Educational Materials to [***] PSRs, Regional Business Managers and Sales Management Team ([***]); provided that [***] shall first require [***], which shall [***]. Product Promotional and Educational Materials shall be used by Sanofi only for the purposes of this Agreement. [***] will [***]. Notwithstanding anything to the contrary, (A) Sanofi shall [***] to the extent reasonably necessary for [***] as described herein, (B) the Parties shall immediately cease using any previously approved Product Promotional and Educational Materials upon the written request of Relypsa, and (C) Relypsa shall [***]. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. EXECUTION VERSION.

Product Materials. (i) [***] shall be responsible for [***] the [***], [***] and [***] for the Product in the Territory. Subject to Section 3.3(a)(ii)0, all marketing, advertising, promotional, sales, educational (including medical education and disease state materials) and communication materials used by either Party in the Marketing of the Product in the Territory pursuant to this Agreement, in any format, including audio, visual, digital or computer formats (collectively, the “Product [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. EXECUTION VERSION Promotional and Educational Materials”), shall be [***] and shall be subject to the review and approval by [***] that is responsible for reviewing and approving Product Promotional and Educational Materials (the “[***]”) prior to being used by [***] in the Territory. (ii) [***] shall be required to provide Product Promotional and Educational Materials and sales training materials that comply with Applicable Law and with Relypsa’s policies and procedures. [***] shall be afforded sufficient time after receiving such materials from [***] to review and comment on such materials and shall submit any proposed changes to [***] for review and approval by [***]. Notwithstanding anything else in this Agreement to the contrary, [***]. If [***], [***] shall [***]. (iii) Relypsa, [***], shall be responsible for the production and distribution of all Product Promotional and Educational Materials. Neither Sanofi nor Relypsa shall distribute or permit any use of any Product Promotional and Educational Materials that are not approved by the [***] as provided in Section 3.3(a)(i)0. Relypsa shall be responsible for distributing Product Promotional and Educational Materials to its Relypsa PSRs, Regional Business Managers and Sales Management Team, and for ensuring use only of Product Promotional and Educational Materials approved as provided hereunder. [***] shall distribute Product Promotional and Educational Materials to [***] PSRs, Regional Business Managers and Sales Management [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. EXECUTION VERSION Team ([***]); provided that [***] shall first require [***], which shall [***]. Product Promotional and Educational Materials shall be used by Sanofi only for the purposes of this Agreement. [***] will [***]. Notwithstanding anything to the contrary, (A) Sanofi shall [***] to the extent reasonably necessary for [***] as described herein, (B) the Parties shall immediately cease using any previously approved Product Promotional and Educational Materials upon the written request of Relypsa, and (C) Relypsa shall [***]. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. EXECUTION VERSION.