Common use of Publicity; Terms of Agreement Clause in Contracts

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that shall treat the existence and material terms of this Agreement are as confidential and shall not disclose such information to Third Parties without the prior written consent of the other Party or except as provided in Section 9.2 (treating such information as Confidential Information for purposes of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.39.2) or as provided below. The Parties have agreed to make a joint public announcement of the agree that upon execution of this Agreement substantially in or shortly thereafter, the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such Parties shall issue a joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of press release attached hereto as Appendix C. Except for such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing as otherwise required by Applicable Law (where reasonably advised by applicable law or applicable stock exchange requirements, neither Marina Bio nor MirnaRx shall issue or cause the disclosing Party’s counsel), the disclosing Party shall provide the publication of any other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only announcement with respect to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed transactions contemplated by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the express prior written approval of the other Party, except which approval shall not be unreasonably withheld or delayed; provided that, each of Marina Bio and MirnaRx may make any public statement in response to questions by the press, analysts, investors or those attending industry conferences or financial analyst calls, or issue press releases, so long as any such public statement or press release is not inconsistent with prior public disclosures or public statements approved by the other Party pursuant to this Section 9.3 and which do not reveal non-public information about the other Party. With respect to complying with the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either disclosure requirements of the Securities and Exchange Commission or both Parties may be obligated to file under Applicable Law a copy other regulatory agencies, in connection with any required filing of this Agreement with such agency, the SEC or other Government Authorities. Each Parties shall consult with one another concerning which terms of this Agreement shall be requested to be redacted in any public disclosure of the Agreement by the agency, and each Party shall be entitled to make such a required filing, provided that it requests seek confidential treatment by the agency in public disclosure of at least the Agreement by the agency for all sensitive commercial, financial terms and sensitive technical terms hereof information, including the definitions of Licensed Products and thereof Field of Use, and any dollar amounts set forth herein. Marina Bio agrees that the Side Letter contains the highly confidential information of MirnaRx and such information shall be deemed and treated as the Confidential Information of MirnaRx, and Marina Bio shall not disclose the contents of the Side Letter without MirnaRx’s prior written consent or use such information for any purpose other than performing under this Agreement, except to the extent that specific information in such confidential treatment is reasonably available to such Party. In contents are within the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereofexceptions in Section 1.9(a)-(d), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the shall be considered Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in this Section 13.4 (in lieu of the authorized disclosure provisions set forth in Section 12.2 13.2, to the extent of any conflict) and this Section 12.3without limiting the generality of the definition of Confidential Information. The Parties have agreed to make will mutually agree on the text of a joint public announcement of press release announcing the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press releaseAgreement. Thereafter, if either Party desires to make a public announcement concerning this Agreement or the material terms of this Agreementhereof, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein)approval, such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding as to the terms of this Agreement that have previously has already been publicly disclosed by such Party, Party in accordance with the foregoing or by the other Party, in accordance with this Section 12.3. For clarity, neither Either Party shall may disclose the financial terms of this Agreement without (i) as required by law, and (ii) to bona fide potential material investors or acquirors and Representatives of such investors or acquirors who (in the prior written approval case of potential investors and acquirors and their Representatives) agree to be bound by obligations of non-disclosure and non-use at least as stringent as those contained in this Article 13. ViaCell may disclose the terms of the other Party, except as and Agreement to the extent otherwise expressly permitted under this parties to that certain Third Amended and Restated Investors' Rights Agreement. (c) , dated as of September 30, 2003, among ViaCell and the investors listed therein to obtain such parties consent thereunder. The Parties acknowledge that either or both Parties Amgen and/or ViaCell may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each U.S. Securities and Exchange Commission, and each such Party shall be entitled to make such a required filing, provided however, that it requests confidential treatment of at least the financial terms and more sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partythe filing Party under the circumstances then prevailing. In the event of any such filing, each the filing Party will provide the other non-filing Party with a an advance copy of this the Agreement marked to show provisions for which such the filing Party intends to seek [**] Portions of this exhibit have been omitted pursuant to a confidential treatment not less than five (5) Business Days prior to such filing (request. An unredacted version of this exhibit has been filed with the Commission. confidential treatment, and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and Party shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the non-filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party's timely comments thereon. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed Except as set forth in Section 12.3(b) and 12.3(c), each Party agrees not to make a joint issue any press release or other public announcement disclosing the terms of this Agreement or the transaction contemplated hereby without the prior written consent of the other Party. Notwithstanding the foregoing, the Parties agree upon a mutual press release to announce the execution of this Agreement substantially Agreement, which is attached hereto as Exhibit H; thereafter, CytomX and BMS may each disclose to Third Parties the information contained in the form of the such press release attached as Exhibit F on or after without the Effective Dateneed for further approval by the other Party. (b) After issuance of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in In the case of a press release or governmental filing concerning the terms of this Agreement or the transaction contemplated hereby required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide give prior advance notice (to the extent it reasonably can) of the proposed text of such release or filing to the other Party with such advance notice as it reasonably can and for its prior review but shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days [***] prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press release, if If either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval approval, which: (i) prior to [***], may be withheld by the other Party in its sole discretion (except as otherwise provided herein), such approval except that vTv shall have the right, within three (3) business days after the Effective Date, to issue a press release announcing the execution of this Agreement, subject to the Parties’ mutual agreement as to any description of this Agreement or the transactions contemplated hereby contained therein; and (ii) after [***], shall not to be unreasonably withheld, except that in . In the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel)applicable Law, the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) business days after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderreview. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement or any amendment thereto that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity6.4, neither Party shall disclose the financial terms provided such information remains accurate as of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementsuch time. (cb) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law applicable Laws a copy of this Agreement with the SEC or other Government Governmental Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such PartyParty and permitted by such Governmental Authority. In the event of any such filing, each the filing Party will provide consult with the other Party with a copy on the provisions of this Agreement marked to show provisions for which such be redacted in any filing made with the SEC or as otherwise required by applicable Laws; provided that the filing Party intends shall have the right to seek confidential treatment not less than five (5) Business Days prior to make any such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall as it reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the determines necessary under applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other PartyLaws. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms and contents of this Agreement are (including the Exhibits hereto) shall be treated as Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 11.2 and this Section 12.311.3. Subject to Sections 11.3(b) and 11.3(d), neither Party shall make any public announcement regarding the execution or terms of this Agreement without the consent of the other Party in accordance with Section 11.3(c). (b) The Parties have agreed to make a joint public announcement announcements of the execution of this Agreement substantially in the form of the press release releases attached as Exhibit F H hereto on or after the Effective Date. (bc) After issuance of such joint press releaseExcept as set forth in Section 11.3(b), if either neither Party desires to shall make a public announcement concerning the material existence, terms and/or contents of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), in which event the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days [***] (or within three (3) Business Days [***] in the event that Ambrx (or its Affiliate) such shorter period is a public reporting companyrequired to comply with Applicable Law) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx BN shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occuroccur including where it is relevant to BN’s obligations to ensure that the guidance it provides is not or has not become misleading BN may disclose the amounts that it expects to receive consequent on such event, subject only to the review procedure set forth in the preceding sentencesentence and following discussion with BMS. In relation to BMS’ ’s review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.311.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this AgreementAgreement or required by Applicable Law. (cd) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days [***] prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c11.3(d) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (de) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 11.1 through Section 12.3 11.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F E on or after the Effective Date. The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the authorized disclosure provisions set forth in Section 11.2 and this Section 11.3. Transcept may publicly disclose without violation of this Agreement, such terms of this Agreement as are, on the advice of Transcept’s counsel, required by the rules and regulations of the SEC or The NASDAQ Stock Market, Inc.; provided that Transcept shall advise Purdue of such intended disclosures and provide Purdue with reasonable opportunity to request that Transcept seek (at Transcept’s expense) confidential treatment of such disclosures to be filed with the SEC. Subject to the immediately preceding sentence, Transcept shall consult with Purdue, and Purdue shall have the right to review and comment with respect to the redaction of the terms of this Agreement or Purdue Confidential Information as part of the confidential treatment request to the SEC. (b) After issuance release of such joint the press releaserelease announcing this Agreement and excluding any public disclosures of the terms of this Agreement that are authorized by Section 11.3(a), if either Party desires to make a public announcement concerning the material terms of this Agreement, milestones achieved under this Agreement or other Confidential Information of the other Party, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release conditioned or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefordelayed. A Party commenting on such a proposed press release shall provide its comments, if any, within five one (51) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) Day after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentencereview. In relation to BMS’ Purdue’s review of such an announcement, BMS Purdue may make specific, reasonable comments on such proposed press release or other public disclosure within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat disclose any information regarding already disclosed or otherwise in the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make such a required filingpublic domain, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Partyremains accurate. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Except as set forth in Section 12.3(b) and 12.3(c) and as the Parties have agreed may otherwise agree, each Party agrees not to make a joint issue any press release or other public announcement disclosing the terms of this Agreement or the transaction contemplated hereby without the prior written consent of the other Party. Notwithstanding the foregoing, in the event the Parties agree upon a mutual press release to announce the execution of this Agreement substantially in the form of the or other matter related to this Agreement, such press release attached as Exhibit F on shall be issued at a time and in a form mutually agreed upon by the Parties; thereafter, Lyell and GSK may each disclose to Third Parties the information contained in such press release (or after that is thereafter publicly disclosed without breach of this Article 12), without the Effective Dateneed for further approval by the other Party. (b) After issuance of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in In the case of a press release or governmental filing concerning the terms of this Agreement or the transaction contemplated hereby required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide give prior advance notice of the proposed text of such release or filing to the other Party with such advance notice as it reasonably can and for its prior review but shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Governmental Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days [*] prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press release, if If either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel)law, the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) [...***...] after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderreview. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement or any amendment thereto that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity7.4, neither Party shall disclose the financial terms provided such information remains accurate as of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementsuch time. (cb) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law applicable Laws a copy of this Agreement with the SEC U.S. Securities and Exchange Commission (“SEC”) or other Government Governmental Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such PartyParty and permitted by such Governmental Authority. In the event of any such filing, each Party will provide the other Party with a copy of this the Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section Article 12.2 (c) and (d) and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective DateArticle 12.4. (b) After issuance release of such joint press release, if either Party desires to make a public announcement disclosure concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement disclosure to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A The Party commenting on such a proposed press release disclosure shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release proposed disclosure for review and the other review. In addition, where required by Applicable Laws, including regulations promulgated by applicable security exchanges, such Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing or other public disclosure regarding the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals Approval, including product pricing and reimbursement, in the Territory as they occur, or the occurrence of other events that affect either Party’s rights or obligations under this Agreement, in each case subject only to the review procedure set forth in the preceding sentencesentences. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but such other Party’s approval shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderbe required. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this AgreementArticle 12.4. (c) The Parties acknowledge that either or both Parties or their Affiliates may be obligated to file under Applicable Law Laws a copy of this Agreement with the SEC applicable stock exchange or other Government AuthoritiesGovernmental Authorities or to disclose its existence under the rules or regulations of such Persons. Each Party and its Affiliates shall be entitled to make such a required filingfiling or disclosure, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partyavailable. In the event of any such filingfiling or disclosure, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party or its Affiliate intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s timely comments thereon to the extent consistent with the legal requirements, with respect to the filing PartyParty or Affiliate, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the existence of and the material terms of this License Agreement are the shall be considered Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in this Section 9.4 (in lieu of the authorized disclosure provisions set forth in Section 12.2 9.2, to the extent of any conflict) and this Section 12.3without limiting the generality of the definition of Confidential Information. The Parties have agreed to make will mutually agree upon the text of a joint public announcement of press release announcing the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press releaseLicense Agreement. Thereafter, if either Party desires to make a public announcement concerning this License Agreement or the material terms of hereof that differs from this Agreementmutually agreed upon text, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein)approval, such approval not to be unreasonably withheld, except that in the case of a press release withheld or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing delayed. A Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of from the other Party to repeat any information regarding as to the terms of this License Agreement that have previously already been publicly disclosed by such Party, in accordance with the foregoing, or by the other Party, in accordance with this Section 12.3. For clarity, neither Either Party shall may disclose the financial terms of this License Agreement without the prior written approval to potential investors who agree to be bound by obligations of the other Party, except non-disclosure and non-use at least as and to the extent otherwise expressly permitted under stringent as those contained in this Agreement. (c) Article 9. The Parties acknowledge that either or both Parties Amgen and/or Hyseq may be obligated to file under Applicable Law a copy of this License Agreement with the SEC U.S. Securities and Exchange Commission (the "SEC") with its next quarterly report on Form 10-Q, annual report on Form 10-K or other Government Authorities. Each current report on Form 8-K or with any registration statement filed with the U.S. Securities and Exchange Commission pursuant to the Securities Act of 1933, as amended, and each such Party shall be entitled to make such a required filing; provided however, provided that it requests confidential treatment of at least the financial terms and more sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partythe filing Party under the circumstances then prevailing. In the event of any such filing, each the filing Party will provide the other non-filing Party with a an advance copy of this the License Agreement marked to show provisions for which such the filing Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the non-filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party's timely comments thereon. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the existence of and the material terms of this Agreement are the shall be considered Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in this Section 12.3 (in lieu of the authorized disclosure provisions set forth in Section 12.2 12.2, to the extent of any conflict) and this without limiting the generality of the definition of Confidential Information set forth in Section 12.31.12. The Parties have agreed to make will mutually agree the text of a joint public announcement of press release announcing the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press releaseAgreement. Thereafter, if either Party desires to make a public announcement concerning this Agreement or the material terms of this Agreementhereof, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein)approval, such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding as to the terms of this Agreement that have previously already been publicly disclosed by such Party, Party in accordance with the foregoing or by the other Party, in accordance with this Section 12.3. For clarity, neither Either Party shall may disclose the financial terms of this Agreement without the prior written approval to potential investors who agree to be bound by obligations of the other Party, except non-disclosure and non-use at least as and to the extent otherwise expressly permitted under stringent as those contained in this Agreement. (c) Article 12. The Parties acknowledge that either or both Parties Amgen and/or InterMune may be obligated to file under Applicable Law a copy of this Agreement with the SEC U.S. Securities and Exchange Commission with its next quarterly report on Form 10-Q, annual report on Form 10-K or other Government Authorities. Each current report on Form 8-K or with any registration statement filed with the U.S. Securities and Exchange Commission (the "SEC") pursuant to the Securities Act of 1933, as amended and each such Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and more sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partythe filing Party under the circumstances then prevailing. In the event of any such filing, each the filing Party will provide the other non-filing Party with a an advance copy of this the Agreement marked to show provisions for which such the filing Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other non-filings Party’s 's timely comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Partythereon. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press release, if If either Party desires to make a public announcement or news release concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval [***] CONFIDENTIAL PORTIONS OF THIS DOCUMENT REDACTED AND SEPARATELY FILED WITH THE COMMISSION. (except as otherwise provided herein), . The Parties agree that the public announcement of the execution of this Agreement will be made by a joint press release immediately following such approval not to be unreasonably withheld, except that in execution. In the case of a press release or governmental filing public disclosure required by Applicable Law (where reasonably advised by the disclosing Party’s counsel)Law, the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required a reasonable time to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments comment on such proposed press release within disclosure, and in any event the prescribed time for commentary, but reviewing Party shall not withhold unreasonably withheld its consent to disclosure approval of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereundersuch proposed disclosure. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (cb) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities, including but not limited to tax authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, requirements governing disclosure redaction of information from material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that Each Party shall have the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed right to make a joint its own public announcement of the execution of this Agreement substantially in accordance with its internal policies and legal requirements, provided the form other Party agrees with the content of such public announcement, except to the press release attached extent any such content of such announcement is required by applicable Law or the exchange on which such Party’s securities are traded, as Exhibit F on or after the Effective Datedetermined by such Party’s counsel. (b) After issuance release of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel)law, regulation or stock exchange rules, the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release or governmental filing shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) [*] business days after receiving the press release for review and the other Party shall give good faith consideration to samereview. Ambrx shall have Further, Servier agrees that XOMA has the right to make issue a press release announcing with respect to the achievement occurrence of the following events under this Agreement, provided that Servier is afforded a reasonable opportunity (but not more than [*] business days) to review the content of such press release prior to its release: (i) filing and/or approvals of any regulatory applications; (ii) initiation and summary results of a clinical trial; (iii) the receipt, and, where deemed material, the amount, of each milestone payment received under this Agreement as it is achieved, Agreement; and (iv) commercial launch of a Product in a country or region in the achievements of Regulatory Approvals as they occur, subject only Retained Territory or in the Licensed Territory (to the review procedure set forth in the preceding sentence. In relation to BMS’ review of extent agreed by Servier that such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval launch has been achieved and triggered a payment hereunderoccurred). Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement or any amendment thereto that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity10.4, neither Party shall disclose the financial terms provided such information remains accurate as of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementsuch time. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law applicable Laws a copy of this Agreement with the SEC U.S. Securities and Exchange Commission (“SEC”) or other Government Governmental Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such PartyParty and permitted by such Governmental Authority. In the event of any such filing, each Party will provide the other Party with a copy of this the Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The 12.4. (b) On or after a mutually agreed date following the Effective Date, the Parties have agreed to shall make a joint public announcement of the execution of this Agreement substantially in a form mutually agreed by the form of the press release attached as Exhibit F on or after the Effective DateParties. (bc) After issuance release of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel)law, the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) [* * *] Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderreview. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity12.4, neither Party shall disclose the financial terms provided such information remains accurate as of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementsuch time. (cd) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law applicable Laws a copy of this Agreement with the SEC U.S. Securities and Exchange Commission or other Government Governmental Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are included within the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in this Section 12.3 or in Section 12.2 and this Section 12.312.2. The Parties have agreed to make shall issue a joint public announcement of press release regarding the execution of this Agreement substantially in the form of set forth on Exhibit B and on the press release attached as Exhibit F on or date mutually agreed by the Parties, which date shall not be later than [***] after the Effective Date. (b) After issuance release of such joint press release, if either Party desires to make a public announcement concerning the material terms of this AgreementAgreement or either Party’s activities under the Global Product Development Plan, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release withheld or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefordelayed. A Party commenting on such a proposed press release public announcement shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) [***] after receiving the press release public announcement for review and review. To the other extent required by law or by the regulations of the applicable securities exchange upon which a Party shall give good faith consideration to same. Ambrx may be listed, such Party shall have the right to make a press release announcing public announcement concerning the material terms of this Agreement or either Party’s activities under the Global Product Development Plan, including public announcements of the achievement of each milestone milestones under this Agreement as it is they are achieved, and the achievements of Regulatory Approvals MAA or NDA approvals in the Licensed Territory as they occur, as well as any financial information necessary for its required financial disclosures, including, as applicable, the amount of milestone payment, royalty revenue and upfront payments, subject only to the review procedure set forth in the preceding sentencesentences. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder, that MAA or NDA approval has occurred or that such revenue or payments have been earned or received. Notwithstanding the foregoing, except as disclosed in the joint press release in the form attached as Exhibit B, SGI acknowledges that the Parties intend to preserve as confidential the royalty rates and royalty tiers under this Agreement, to the extent disclosure thereof is not required by law or by the regulations of the applicable securities exchange upon which a Party may be listed, and SGI shall not disclose MPI’s Net Sales without MPI’s prior written consent. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement or either Party’s activities under the Global Product Development Plan that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties each Party may in the future be obligated to file under Applicable Law a copy of this Agreement with the SEC U.S. Securities and Exchange Commission or other Government Authoritiesapplicable entity having regulatory authority over such Party’s securities (the “SEC”). Each Such Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial certain commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each such Party will provide the other Party Party, a reasonable time prior to filing, with a copy of this the Agreement marked to show provisions for which such the filing Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, requirements governing disclosure redaction of information from material agreements and material information that must be publicly filed, . Such other Party will as promptly as practical provide any such comments. Each Party recognizes that applicable Laws and shall only SEC policies and regulations to which the filing Party is and may become subject to may require such filing Party to publicly disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance certain terms of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of that the other Party may prefer not be disclosed, and that the filing Party is disclosed as permitted entitled hereunder to make such required disclosures to the minimum extent necessary to comply with the covenants such Laws and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate SEC policies and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investorregulations.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint initial press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that parties shall treat the existence and material terms of this Agreement are the as Confidential Information and shall not disclose such Confidential Information to third parties without the prior written consent of both Parties, subject to the special authorized disclosure provisions set forth other party or except as provided in Section 12.2 and this Section 12.3. 9.5. 9.5.1 The Parties have agreed to make a joint public announcement of the parties agree that upon execution of this Agreement or shortly thereafter, Mxxxxx xxx issue a press release substantially and materially in the form attached hereto as Exhibit B. Except for such press release or as otherwise required by applicable law or applicable stock exchange requirements, neither Marina nor Oncotelic shall issue or cause the publication of any other press release or public announcement with respect to the transactions contemplated by this Agreement without the express prior approval of the other party, which approval shall not be unreasonably withheld or delayed; provided that, each of Marina and Oncotelic may make any public statement in response to questions by the press, analysts, investors or those attending industry conferences or financial analyst calls, or issue press releases, so long as any such public statement or press release attached as Exhibit F on is not inconsistent with prior public disclosures or after public statements approved by the Effective Dateother party pursuant to this Section 9.5.1 and which do not reveal non-public information about the other party. With respect to complying with the disclosure requirements of the Securities and Exchange Commission or other regulatory agencies, in connection with any required filing of this Agreement with such agency, the parties shall consult with one another concerning which terms of this Agreement shall be requested to be redacted in any public disclosure of the Agreement by the agency, and each party shall seek confidential treatment by the agency in public disclosure of the Agreement by the agency for all sensitive commercial, financial and technical 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.] (b) After issuance of such joint press release, if either Party desires 9.5.2 Each party may disclose Confidential Information with respect to make a public announcement concerning the existence and material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review Agreement and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under transactions contemplated by this Agreement as it is achieved(i) to Affiliates and potential commercial partners who need to know such information for the development, manufacture and commercialization of Licensed Products, (ii) to bankers, lawyers, accountants, agents or other third parties in connection with due diligence or similar investigations, and the achievements (iii) to potential third party investors in confidential financing documents or potential acquirers or merger partners in confidence pursuant to due diligence; provided in each case that any such party or person receiving such Confidential Information is bound by obligations of Regulatory Approvals confidentiality and non-use at least as they occur, subject only to the review procedure restrictive as those set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementherein. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are included within the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F K on or after the Effective Date. (b) After issuance release of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) business days after receiving the press release for review and the other Party shall give good faith consideration to samereview. Ambrx Affymax shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals in the Licensed Territory as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ Collaborator's review of such an announcement, BMS Collaborator may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties Affymax may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government AuthoritiesU.S. Securities and Exchange Commission (the "SEC"). Each Party Affymax shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial certain commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such PartyAffymax. In the event of any such filing, each Party will Affymax shall provide the other Party Collaborator with a copy of this the Agreement marked to show provisions for which such Party Affymax intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s and incorporate Collaborator's comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, requirements governing disclosure redaction of information from material agreements and material information that must be publicly filed. Collaborator shall promptly provide any such comments. Collaborator recognizes that U.S. laws and SEC policies and regulations to which Affymax is and may become subject may require Affymax to publicly disclose certain terms of this Agreement that Collaborator may prefer not be disclosed, and shall only disclose Confidential Information which it is advised by counsel or that Affymax is, after completing the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted above mentioned procedures, entitled hereunder to comply with make such required disclosures to the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investorextent legally required.

Publicity; Terms of Agreement. (a) The Parties agree that the existence of and the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in this Section 10.3 (in lieu of the authorized disclosure provisions set forth in Section 12.2 10.2, to the extent of any conflict) and this Section 12.3. The Parties have agreed to make a joint public announcement without limiting the generality of the execution definition of this Agreement substantially Confidential Information set forth in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval thereforSection 1.13. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall will not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding as to the terms of this Agreement that have previously already been publicly disclosed by such Party, Party in accordance with the terms of this Agreement or by the other Party, in accordance with this Section 12.3. For clarity, neither Either Party shall may disclose the financial terms of this Agreement without the prior written approval to actual or potential investors, collaborators, licensees or commercial partners who agree to be bound by obligations of the other Party, except non-disclosure and non-use at least as and to the extent otherwise expressly permitted under stringent as those contained in this Agreement. (c) Article 10. The Parties acknowledge that either or both Parties Celera and/or Virobay may be obligated to file under Applicable Law a copy of this Agreement with the SEC U.S. Securities and Exchange Commission with its next quarterly report on Form 10-Q, annual report on Form 10-K or other Government Authorities. Each current report on Form 8-K or with any registration statement filed with the U.S. Securities and Exchange Commission (the “SEC”) pursuant to the Securities Act of 1933, as amended and each such Party shall will be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and more sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partythe filing Party under the circumstances then prevailing. In the event of any such filing, each the filing Party will provide the other non-filing Party with a an advance copy of this the Agreement marked to show provisions for which such the filing Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall will reasonably consider the other non-filing Party’s timely comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Partythereon. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties 10.6 or Section 10.3. (b) GBT and Syros have agreed to make on language of a joint public announcement of the execution of this Agreement substantially in the form of the press release announcing this Agreement, which is attached hereto as Exhibit F on or B, to be issued by the Parties promptly after the Effective Date. (bc) After issuance Except for such press release, neither Party shall make any public disclosure concerning the material terms of this Agreement or any activities under the Research Program without the prior written approval of such joint press releasedisclosure by the other Party, except that approval shall not be required for public governmental filing or disclosure required by Law (but in such case the comments of the other Party shall be considered in good faith). Accordingly, if either Party desires to make a public announcement disclosure (including disclosure required by Law) concerning the material terms of this AgreementAgreement or any activities under the Research Program, such Party shall give reasonable prior advance notice provide a copy of the proposed text of such announcement disclosure to the other Party for its prior review and approval at least [***] in advance of such disclosure (except as otherwise provided hereinto the extent a shorter period is required to comply with applicable Law), . Each such approval not disclosure shall contain appropriate references to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval thereforif so requested. A Party commenting on such a proposed press release disclosure shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) [***] after receiving the press release proposed disclosure for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achievedreview, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth Parties shall thereafter discuss in the preceding sentence. In relation to BMS’ review of good faith and agree on any such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time disclosure (except for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderrequired by Law). Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity10.6(c), neither Party shall disclose the financial terms provided such information remains accurate as of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementsuch time. (cd) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law applicable Laws a copy of this Agreement with the SEC U.S. Securities and Exchange Commission or other Government Governmental Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment uses [***] to maintain the confidentiality of at least the financial terms and sensitive technical terms hereof and thereof of this Agreement in any such filing or disclosure, to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s reasonable comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, ’s legal requirements and obligations governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are included within the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F K on or after the Effective Date. (b) After issuance release of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to samereview. Ambrx Affymax shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals in the Licensed Territory as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ Takeda's review of such an announcement, BMS Takeda may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed or previously agreed to by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties Affymax may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government AuthoritiesU.S. Securities and Exchange Commission (the "SEC"). Each Party Affymax shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial certain commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such PartyAffymax. In the event of any such filing, each Party will Affymax shall provide the other Party Takeda with a copy of this the Agreement marked to show provisions for which such Party Affymax intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s and incorporate Takeda's comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, requirements governing disclosure redaction of information from material agreements and material information that must be publicly filed. Takeda shall promptly provide any such comments. Takeda recognizes that U.S. Laws and SEC policies and regulations to which Affymax is and may become subject may require Affymax to publicly disclose certain terms of this Agreement that Takeda may prefer not be disclosed, and shall only disclose Confidential Information which it is advised by counsel or that Affymax is, after completing the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted above mentioned procedures, entitled hereunder to comply with make such required disclosures to the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investorextent legally required.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, only subject to the special authorized disclosure provisions set forth in Section 12.2 8(2) and this Section 12.38(3). The Parties have agreed agree to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F Schedule 6 on or after the Effective Date. (b) After issuance of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheldwithheld in light of the intent and purposes of this Agreement, except that in the case of a press release or governmental filing required by Applicable Law Laws (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days [***] days (or within three (3) Business Days business days in the event that Ambrx one Party (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.38(3). For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement[***]. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law Laws a copy of this Agreement with the SEC Government Authorities of country where each Party is domiciled or other Government Authoritieshas a public listing. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.prior

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F G on or after the Effective Signing Date. [***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. (b) After issuance release of such joint press release, if either Party desires to make a public announcement concerning the material terms of this AgreementAgreement that have not been disclosed in such joint press release, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) business days after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx Alder shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this the Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed Except as set forth in Section 12.3(b) and 12.3(c), each Party agrees not to make a joint issue any press release or other public announcement disclosing the terms of this Agreement or the transaction contemplated hereby without the prior written consent of the other Party. Notwithstanding the foregoing, the Parties agree upon a mutual press release to announce the execution of this Agreement substantially Agreement, which is attached hereto as Exhibit H; thereafter, CytomX and BMS may each disclose to Third Parties the information contained in the form of the such press release attached as Exhibit F on or after without the Effective Dateneed for further approval by the other Party. (b) After issuance of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in In the case of a press release or governmental filing concerning the terms of this Agreement or the transaction contemplated hereby required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide give prior advance notice (to the extent it reasonably can) of the proposed text of such release or filing to the other Party with such advance notice as it reasonably can and for its prior review but shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that Except as provided in Section 12.7., neither party shall disclose this Agreement or any of the material terms thereof to any third party, whether in writing or orally, without the prior written consent of the other party, except for terms or subject matter which has been the subject of public disclosure or has been mutually approved for such disclosure pursuant to Section 12. Notwithstanding the foregoing, each party shall have the right to disclose the material terms of this Agreement are in confidence to any bona fide potential or actual investor, investment banker, counsel, acquirer, merger target, and where reasonably practicable, shall obtain a binder of confidentiality consistent with the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement. In addition, either party may make any such disclosure if, but only to the extent such disclosure is, on advice of counsel, required by applicable law. The disclosing party shall use all [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. 19. commercially reasonable efforts to preserve the confidentiality of this Agreement and the terms thereof notwithstanding any such required disclosure, and will give the other party written notice of such required disclosure in advance thereof, to the extent practicable. In the event either party is required to file this Agreement with the Securities and Exchange Commission or any other regulatory agency, such Party party shall give reasonable prior advance notice apply for confidential treatment of the proposed text of such announcement this Agreement to the other Party for its prior review and approval (except as otherwise provided herein)fullest extent permitted by law, such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such party a copy of the confidential treatment request far enough in advance notice as it reasonably can of its filing to give the other party a meaningful opportunity to comment thereon, and shall not be required to obtain approval therefor. A Party commenting on incorporate in such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, confidential treatment request any reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementparty. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties will mutually agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make text of a joint public announcement of press release announcing the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press release, if Agreement. If either Party desires to make a public announcement concerning the material terms of this AgreementAgreement or activities conducted pursuant hereto, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel)applicable Law, the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) […***…] after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderreview. Neither Party shall be required to seek the permission of the other Party to repeat or disclose any information regarding the terms of this Agreement or any activities conducted pursuant hereto that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity7.4, neither Party shall disclose the financial terms provided such information remains accurate as of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementsuch time. (cb) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law applicable Laws a copy of this Agreement with the SEC U.S. Securities and Exchange Commission (“SEC”) or other Government Governmental Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such PartyParty and permitted by such Governmental Authority. In the event of any such filing, each Party will provide the other Party with a copy of this the Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 (Authorized Disclosure) and this Section 12.312.3 (Publicity; Terms of Agreement). The Parties have agreed Except as set forth in Sections 12.3(b) and 12.3(c), each Party agrees not to make a joint issue any press release or other public announcement disclosing the terms of this Agreement or the transaction contemplated hereby without providing [***] prior written notice to the other Party, and obtaining prior written consent of the other Party. RAPT agrees to provide Hanmi at least [***] notice prior to issuing any press release relating to the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective DateAgreement. (b) After issuance of such joint press release, if either Each Party desires to make a public announcement concerning may disclose the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that Agreement in the case of a press release or governmental filing (including any prospectus in connection with an IPO or other securities offering or filing) to the extent required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), provided that the disclosing Party shall provide give prior advance notice (to the extent it reasonably can) of the proposed text of such release or filing to the other Party with such advance notice as it reasonably can and for its prior review but shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days [***] prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 (Confidentiality) through Section 12.3 (Publicity; Terms of Agreement) as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. 12.4. (b) The Parties have agreed to will each make a joint public announcement of the execution of this Agreement substantially in Agreement, to be mutually agreed press releases by the form of the press release attached as Exhibit F on or Parties, which will be issued within four (4) Business Days after the Effective Date, as agreed by the Parties, in their respective countries of incorporation. In addition, Licensee will file a Current Report on Form 8-K with the SEC. (bc) After issuance release of such joint press releaserelease and filing of Licensee’s Current Report on Form 8-K, if either Party or its Affiliate desires to make a public announcement concerning the material terms of this Agreement, such Party shall will give reasonable prior advance written notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided hereinprovided), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall announcement will provide its comments, if any, within five (5) [***] Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the announcement for review, or such shorter period as may be reasonably required in order for the proposing Party to comply with any applicable deadline for making such announcement (as such deadline is communicated by the proposing Party to the commenting Party). For the avoidance of doubt, within [***] days from the Effective Date, both Parties shall not disclose additional information regarding material terms other than the level of detail disclosed in the press release for review and attached hereto as Exhibit G, without other Party’s prior written consent, except to the other extent such disclosure is required by applicable Laws (including SEC regulations). In addition, where required by Laws, including regulations promulgated by applicable securities exchanges, such Party shall give good faith consideration to same. Ambrx shall have the right to or its Affiliate may make a press release (or SEC or other regulatory filing) announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals in the Territory as they occur, or any other material event with respect to this Agreement or the Parties’ performance thereof, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release (or SEC or other regulatory filing) within the prescribed time for commentary, but shall will not withhold withhold, condition, or delay its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderor material event has occurred. Neither Party shall be nor their Affiliates are required to seek the permission of the other Party to repeat or summarize any information regarding the terms of this Agreement that have previously has already been substantially publicly disclosed by such PartyParty or its Affiliate, or by the other PartyParty or its Affiliate, in accordance with this Section 12.312.4, if such information remains accurate as of such time. For clarityNotwithstanding the foregoing, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement[***]. (cd) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law Laws a copy of this Agreement with the SEC U.S. Securities and Exchange Commission (“SEC”) or any recognized stock exchange on which the Licensor’s securities are traded, to be traded, or other Government Governmental Authorities. Each Party shall be entitled to will make such a required filing, provided that it requests filing and will request confidential treatment of at least the financial commercial terms and sensitive technical or other competitively sensitive terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show the provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall will reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each The reviewing Party shall require each respond with any comments hereunder within [***] Business Days of its Affiliates and private investors to which Confidential Information of receipt, unless a shorter deadline is required for the other disclosing Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investorapplicable reporting Laws.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press release, if If either Party desires to make a public announcement or news release concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), . The Parties agree that the public announcement of the execution of this Agreement will be made by a joint press release immediately following such approval not to be unreasonably withheld, except that in execution. In the case of a press release or governmental filing public disclosure required by Applicable Law (where reasonably advised by the disclosing Party’s counsel)Law, the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required a reasonable time to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments comment on such proposed press release within disclosure, and in any event the prescribed time for commentary, but reviewing Party shall not withhold unreasonably withheld its consent to disclosure approval of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereundersuch proposed disclosure. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (cb) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities, including but not limited to tax authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, requirements governing disclosure redaction of information from material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. 11.4. (b) The Parties have agreed to shall make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F B, which shall be issued on or promptly after the Effective Date. (bc) After issuance release of such joint press release, if either Party or its Affiliate desires to make a public announcement concerning the material terms of this Agreement, or any clinical or regulatory announcements, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release announcement shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) business days after receiving the press release announcement for review review, or such shorter period as may be reasonably required in order for the proposing Party to comply with any applicable deadline for making such announcement (as such deadline is communicated by the proposing Party to the [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the other Securities Exchange Act of 1934, as amended. commenting Party). In addition, where required by applicable Laws, including regulations promulgated by applicable security exchanges, such Party shall give good faith consideration to same. Ambrx or its Affiliate shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals in the Licensed Territory as they occur, or any other material event with respect to this Agreement or the Parties’ performance thereof, subject only to the review procedure set forth in the preceding sentence; provided that the review period shall be reduced to two (2) business days (or such shorter period as may be reasonably required in order for the proposing Party to comply with any applicable deadline for making such press release, as such deadline is communicated by the proposing Party to the commenting Party) if the deadline for making such disclosure is five (5) or fewer business days after such achievement or event. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderor material event has occurred. Neither Party nor their Affiliates shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such PartyParty or its Affiliate, or by the other PartyParty or its Affiliate, in accordance with this Section 12.3. For clarity11.4, neither Party shall disclose the financial terms provided such information remains accurate as of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementsuch time. (cd) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law applicable Laws a copy of this Agreement with the SEC U.S. Securities and Exchange Commission (“SEC”) or other Government Governmental Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 11.2 and this Section 12.3. 11.3. (b) The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F D on or after the Effective Date. (b) . After issuance release of such joint press releaserelease announcing this Agreement, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein)approval, such approval not to be unreasonably withheld, except that in the case of a press release conditioned or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefordelayed. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) [**] after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderreview. Neither Party shall be required to seek the permission of the other Party to repeat disclose any information regarding already disclosed or otherwise in the terms of this Agreement that have previously been publicly disclosed by public domain, provided such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementinformation remains accurate. (c) The Parties acknowledge that either Either Party or both Parties any of its Affiliates (the “Filing Party”) may be obligated to file under Applicable Law a copy publicly disclose without violation of this Agreement, such terms of this Agreement with as are, on the advice of such Filing Party’s counsel, required by the rules and regulations of the SEC or any other Government Authorities. Each applicable entity having regulatory authority over such Filing Party’s securities; provided that such Filing Party shall be entitled to make advise the other Party of such a required filing, provided that it requests intended disclosure and request confidential treatment of at least the financial certain commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Filing Party. In the event of any such filing, each such Filing Party will provide the such other Party Party, a reasonable time prior to filing, with a copy of this the Agreement marked to show provisions for which such Filing Party intends to seek confidential ** CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND WILL BE FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A CONFIDENTIAL TREATMENT REQUEST. treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the and incorporate such other Party’s comments thereon to the extent consistent with the legal requirements, with respect requirements applicable to the filing Party, governing disclosure such Filing Party and that govern redaction of information from material agreements and material information that must be publicly filed, and . Such other Party shall only disclose Confidential Information which it provide the Filing Party any such comments as promptly as practicable. The intention of the Parties is advised by counsel or to agree upon a single redacted version of the applicable Governmental Authority is legally required Agreement to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply filed with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for SEC or any breach of such covenants and restrictions by any such Affiliate or investorother applicable entity.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 11.2 and this Section 12.3. 11.3. (b) The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F D on or after the Effective Date. (b) . After issuance release of such joint press releaserelease announcing this Agreement, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein)approval, such approval not to be unreasonably withheld, except that in the case of a press release conditioned or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefordelayed. A Party commenting on such a proposed press release shall provide its comments, if any, within five forty-eight (548) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) hours after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderreview. Neither Party shall be required to seek the permission of the other Party to repeat disclose any information regarding already disclosed or otherwise in the terms of this Agreement that have previously been publicly disclosed by public domain, provided such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementinformation remains accurate. (c) The Parties acknowledge that either Either Party or both Parties any of its Affiliates (the “Filing Party”) may be obligated to file under Applicable Law a copy publicly disclose without violation of this Agreement, such terms of this Agreement with as are, on the advice of such Filing Party’s counsel, required by the rules and regulations of the SEC or any other Government Authorities. Each applicable entity having regulatory authority over such Filing Party’s securities; provided that such Filing Party shall be entitled to make advise the other Party of such a required filing, provided that it requests intended disclosure and request confidential treatment of at least the financial certain commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Filing Party. In the event of any such filing, each such Filing Party will provide the such other Party Party, a reasonable time prior to filing, with a copy of this the Agreement marked to show provisions for which such Filing Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the and incorporate such other Party’s comments thereon to the extent consistent with the legal requirements, with respect requirements applicable to the filing Party, governing disclosure such Filing Party and that govern redaction of information from material agreements and material information that must be publicly filed, and . Such other Party shall only disclose Confidential Information which it provide the Filing Party any such comments as promptly as practicable. The intention of the Parties is advised by counsel or to agree upon a single redacted version of the applicable Governmental Authority is legally required Agreement to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply filed with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for SEC or any breach of such covenants and restrictions by any such Affiliate or investorother applicable entity.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the a press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or Digital Diagnostics(or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx Digital Diagnostics shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMSExactus BioSolutions’ review of such an announcement, BMS Exactus BioSolutions may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.313.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that parties shall treat the existence and material terms of this Agreement are the as Confidential Information and shall not disclose such Confidential Information to third parties without the prior written consent of both Parties, subject to the special authorized disclosure provisions set forth other party or except as provided in Section 12.2 and this Section 12.3. ‎9.5. 9.5.1 The Parties have agreed to make a joint public announcement of the parties agree that upon execution of this Agreement or shortly thereafter, Mxxxxx xxx issue a press release substantially and materially in the form attached hereto as Exhibit B. Except for such press release or as otherwise required by applicable law or applicable stock exchange requirements, neither Marina nor Lipomedics shall issue or cause the publication of any other press release or public announcement with respect to the transactions contemplated by this Agreement without the express prior approval of the other party, which approval shall not be unreasonably withheld or delayed; provided that, each of Marina and Lipomedics may make any public statement in response to questions by the press, analysts, investors or those attending industry conferences or financial analyst calls, or issue press releases, so long as any such public statement or press release attached as Exhibit F on is not inconsistent with prior public disclosures or after public statements approved by the Effective Dateother party pursuant to this Section ‎9.5.1 and which do not reveal non-public information about the other party. With respect to complying with the disclosure requirements of the Securities and Exchange Commission or other regulatory agencies, in connection with any required filing of this Agreement with such agency, the parties shall consult with one another concerning which terms of this Agreement shall be requested to be redacted in any public disclosure of the Agreement by the agency, and each party shall seek confidential treatment by the agency in public disclosure of the Agreement by the agency for all sensitive commercial, financial and technical 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.] (b) After issuance of such joint press release, if either Party desires 9.5.2 Each party may disclose Confidential Information with respect to make a public announcement concerning the existence and material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review Agreement and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under transactions contemplated by this Agreement as it is achieved(i) to Affiliates and potential commercial partners who need to know such information for the development, manufacture and commercialization of Licensed Products, (ii) to bankers, lawyers, accountants, agents or other third parties in connection with due diligence or similar investigations, and the achievements (iii) to potential third party investors in confidential financing documents or potential acquirers or merger partners in confidence pursuant to due diligence; provided in each case that any such party or person receiving such Confidential Information is bound by obligations of Regulatory Approvals confidentiality and non-use at least as they occur, subject only to the review procedure restrictive as those set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementherein. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press release, if If either Party desires to make a public announcement disclosure concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement disclosure to the other Party for its prior review and approval (except as otherwise provided herein), such which approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval thereforunreasonably withheld or delayed. A Party commenting on such a proposed press release disclosure shall provide its comments, if any, within five two (52) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release proposed disclosure for review and the other (or such shorter period of time as necessitated by regulatory requirements). In addition, where required by applicable Law, including regulations promulgated by applicable security exchanges, either Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing or other public disclosure regarding the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals Approval in the Luoxin Territory as they occur, or the occurrence of other events that affect either Party’s rights or obligations under this Agreement, in each case subject only to the review procedure set forth in the preceding sentencesentences. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties or their Affiliates may be obligated to file under Applicable Law applicable Laws a copy of this Agreement with the SEC or other Government Governmental Authorities. Each Party and its Affiliates shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partyavailable. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party or its Affiliate intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s timely comments thereon to the extent consistent with the legal requirements, with respect to the filing PartyParty or Affiliate, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to 10.4. (b) SIGA may make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F C, which will be issued on or promptly after the Effective Date. (bc) After issuance of such joint press release, if If either Party or its Affiliates desires to make a public announcement concerning the material terms of this Agreement, Agreement such Party shall will give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall announcement will provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release announcement for review and review, or such shorter period as may be reasonably required in order for the other proposing Party shall give good faith consideration to samecomply with any applicable deadline for making such announcement (as such deadline is communicated by the proposing Party to the commenting Party). Ambrx shall have the right to In addition, where required by Laws or sought by either Party, including regulations promulgated by applicable security exchanges, such Party or its Affiliates may make a press release announcing the achievement achievements of each milestone under any material event with respect to this Agreement as it is achieved, and or the achievements of Regulatory Approvals as they occurParties’ performance thereof, subject only to the review procedure set forth in the preceding sentence; provided that the review period will be reduced to two (2) Business Days (or such shorter period as may be reasonably required in order for the proposing Party to comply with any applicable deadline for making such press release, as such deadline is communicated by the proposing Party to the commenting Party) if the deadline for making such disclosure is five (5) or fewer Business Days after such achievement or event. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall will not withhold withhold, condition, or delay its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderinformation. Neither Party shall be nor their respective Affiliates are required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such PartyParty or its Affiliate, or by the other PartyParty or its Affiliate, in accordance with this Section 12.3. For clarity10.4, neither Party shall disclose the financial terms if such information remains accurate as of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementsuch time. (cd) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law Laws a copy of this Agreement with the SEC U.S. Securities and Exchange Commission (“SEC”) or other Government Governmental Authorities. Each Party shall be entitled to will make such a required filing, provided that it requests filing and will request confidential treatment of at least the financial commercial terms and sensitive technical or other competitively sensitive terms hereof and thereof to the extent such confidential treatment is reasonably available to such PartyParty or file redacted versions of such terms as permitted by the SEC. In the event of any such filing, each the filing Party will provide the other Party with a copy of this Agreement marked to show the provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall will reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material existence and terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed Except as set forth in Section 12.3(b) and 12.3(c), each Party agrees not to make a joint issue any press release or other public announcement disclosing the terms of this Agreement or the transaction contemplated hereby without the prior written consent of the other Party. Notwithstanding the foregoing, the Parties agree to issue a press release to announce the execution of this Agreement substantially in the form of attached hereto as Exhibit F; thereafter, Schrödinger and BMS may each disclose to Third Parties the information contained in such press release attached as Exhibit F on or after without the Effective Dateneed for further approval by the other Party. (b) After issuance of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in In the case of a press release or governmental filing concerning the terms of this Agreement or the transaction contemplated hereby required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide give prior advance notice (to the extent it reasonably can) of the proposed text of such release or filing to the other Party with for its prior review not later than [***] prior to such advance notice as it reasonably can release or filing and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days consider and incorporate in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and good faith any comments provided by the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementconnection therewith. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Governmental Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five [***] (5or a shorter period of time if required by Applicable Law) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other PartyParty and such information remains accurate as of such time. (d) Each Party shall require each of its Affiliates and private investors Affiliate to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections Section 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investorAffiliate.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make made a joint public announcement of the execution of this Agreement substantially in and the form of the press release attached as Exhibit F U.S. and RoW Agreement on or promptly after the Effective Date. (b) After issuance of such joint press release, if If either Party desires to make a public announcement concerning the material terms of this Agreement or any activities under this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel)law, the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to samereview. Ambrx FibroGen China shall have the right to make a press release announcing the achievement of each material milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ AstraZeneca’s review of such an announcement, BMS AstraZeneca may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this the Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, requirements governing disclosure redaction of information from material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties . (b) Each Party shall have agreed the right to make a joint an individual public announcement of the execution of this Agreement substantially in Agreement, the form content and timing of which shall be mutually agreed upon by the Parties. After release of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press releaseannouncing this Agreement, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein)approval, such approval not to be unreasonably withheld, except that in the case of a press release conditioned or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefordelayed. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) *** after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderreview. Neither Party shall be required to seek the permission of the other Party to repeat disclose any information regarding already disclosed or otherwise in the terms of this Agreement that have previously been publicly disclosed by public domain, provided such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementinformation remains accurate. (c) The Parties acknowledge that either or both Parties Vivus may be obligated to file under Applicable Law a copy publicly disclose without violation of this Agreement, such terms of this Agreement with as are, on the advice of Vivus’ counsel, required by the rules and regulations of the SEC or any other Government Authorities. Each Party shall be entitled to make such a required filing, applicable entity having regulatory authority over Vivus’ securities; provided that it Vivus advises Sanofi of such intended disclosures and requests confidential treatment of at least the financial certain commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such PartyVivus. In the event of any such filing, each Party Vivus will provide the other Party Sanofi, a reasonable time prior to filing, with a copy of this the Agreement marked to show provisions for which such Party Vivus intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Partyand incorporate Sanofi’s comments thereon to the extent consistent with the legal requirements, with respect requirements applicable to the filing Party, governing disclosure Vivus and that govern redaction of information from material agreements and material information that must be publicly filed, and . Sanofi shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by provide any such Affiliate or investorcomments as promptly as practicable.

Publicity; Terms of Agreement. (a) The Parties agree that the material financial terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. Article 10.4. (b) The Parties have agreed to shall make a joint public announcement of the execution of this Agreement substantially in the form of the Agreement, including a press release attached as Exhibit F in a form mutually agreed by the Parties, which will be issued on or promptly after the Effective Date. (bc) After issuance release of such joint press release, if either Party or its Affiliate desires to make a public announcement concerning the material terms of this Agreement, or any clinical or regulatory announcements, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided hereinprovided), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release announcement shall provide its comments, if any, within five [***] (5[***]) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release announcement for review and review, or such shorter period as may be reasonably required in order for the other proposing Party shall give good faith consideration to samecomply with any applicable deadline for making such announcement (as such deadline is communicated by the proposing Party to the commenting Party). Ambrx shall have the right to In addition, where required by applicable Laws, including regulations promulgated by applicable security exchanges, such Party or its Affiliate may make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals in their respective Territory as they occuroccur or any other material event with respect to this Agreement or the Parties’ performance thereof, subject only to the review procedure set forth in the preceding sentence; provided that the review period will be reduced to [***] ([***]) Business Days (or such shorter period as may be reasonably required in order for the proposing Party to comply with any applicable deadline for making such press release, as such deadline is communicated by the proposing Party to the commenting Party) if the deadline for making such disclosure is [***] ([***]) or fewer Business Days after such achievement or event. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold withhold, condition, or delay its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderor material event has occurred. Neither Party shall be nor their Affiliates are required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such PartyParty or its Affiliate, or by the other PartyParty or its Affiliate, in accordance with this Section 12.3. For clarityArticle 9.4, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except if such information remains accurate as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investortime.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in and the form of the press release attached as Exhibit F U.S. and RoW Agreement on or promptly after the Effective Date. (b) After issuance release of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement or any activities under this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel)law, the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to samereview. Ambrx FibroGen China shall have the right to make a press release announcing the achievement of each material milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ AstraZeneca’s review of such an announcement, BMS AstraZeneca may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this the Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, requirements governing disclosure redaction of information from material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the existence of and the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in this Section 10.3 (in lieu of the authorized disclosure provisions set forth in Section 12.2 10.2, to the extent of any conflict) and this without limiting the generality of the definition of Confidential Information set forth in Section 12.31.17. The Parties have agreed to make will mutually agree the text of a joint public announcement of press release announcing the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press releaseAgreement. Thereafter, if either Party desires to make a public announcement concerning this Agreement or the material terms of this Agreementhereof, such Party shall will give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein)approval, such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall will not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding as to the terms of this Agreement that have previously already been publicly disclosed by such Party, Party in accordance with the foregoing or by the other Party, in accordance with this Section 12.3. For clarity, neither Either Party shall may disclose the financial terms of this Agreement without the prior written approval to potential investors who agree to be bound by obligations of the other Party, except non-disclosure and non-use at least as and to the extent otherwise expressly permitted under stringent as those contained in this Agreement. (c) Article 10. The Parties acknowledge that either or both Parties Celera and/or Pharmacyclics may be obligated to file under Applicable Law a copy of this Agreement with the SEC U.S. Securities and Exchange Commission with its next quarterly report on Form 10-Q, annual report on Form 10-K or other Government Authorities. Each current report on Form 8-K or with any registration statement filed with the U.S. Securities and Exchange Commission (the “SEC”) pursuant to the Securities Act of 1933, as amended and each such Party shall will be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and more sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partythe filing Party under the circumstances then prevailing. In the event of any such filing, each the filing Party will provide the other non-filing Party with a an advance copy of this the Agreement marked to show provisions for which such the filing Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall will reasonably consider the other non-filing Party’s timely comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose thereon. *Confidential Information which it is advised Treatment Requested by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.Celera Corporation*

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 11.2 and this Section 12.3. 11.3. (b) The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F D on or after the Effective Date. (b) . After issuance release of such joint press releaserelease announcing this Agreement, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein)approval, such approval not to be unreasonably withheld, except that in the case of a press release conditioned or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefordelayed. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) *** after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderreview. Neither Party shall be required to seek the permission of the other Party to repeat disclose any information regarding already disclosed or otherwise in the terms of this Agreement that have previously been publicly disclosed by public domain, provided such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementinformation remains accurate. (c) The Parties acknowledge that either Either Party or both Parties any of its Affiliates (the “Filing Party”) may be obligated to file under Applicable Law a copy publicly disclose without violation of this Agreement, such terms of this Agreement with as are, on the advice of such Filing Party’s counsel, required by the rules and regulations of the SEC or any other Government Authorities. Each applicable entity having regulatory authority over such Filing Party’s securities; provided that such Filing Party shall be entitled to make advise the other Party of such a required filing, provided that it requests intended disclosure and request confidential treatment of at least the financial certain commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Filing Party. In the event of any such filing, each such Filing Party will provide the such other Party Party, a reasonable time prior to filing, with a copy of this the Agreement marked to show provisions for which such Filing Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the and incorporate such other Party’s comments thereon to the extent consistent with the legal requirements, with respect requirements applicable to the filing Party, governing disclosure such Filing Party and that govern redaction of information from material agreements and material information that must be publicly filed, and . Such other Party shall only disclose Confidential Information which it provide the Filing Party any such comments as promptly as practicable. The intention of the Parties is advised by counsel or to agree upon a single redacted version of the applicable Governmental Authority is legally required Agreement to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply filed with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for SEC or any breach of such covenants and restrictions by any such Affiliate or investorother applicable entity.

Publicity; Terms of Agreement. (a) The Parties agree that the existence of and the material terms of this Agreement are the shall be considered Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in this Section 12.3 (in lieu of the authorized disclosure provisions set forth in Section 12.2 12.2, to the extent of any conflict) and this Section 12.3without limiting the generality of the definition of Confidential Information. The Parties have agreed to make will mutually agree on the text of a joint public announcement of press release announcing the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press releaseAgreement. Thereafter, if either Party desires to make a public announcement concerning this Agreement or the material terms of this Agreementhereof, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein)approval, such approval not to be unreasonably withheld, except that in the case withheld or delayed. With respect to GENE's public announcement of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and of the achievements of Regulatory Approvals as they occur, subject only to the review procedure milestones set forth in Section 8.9, GENE shall make such announcement within ***** working days of the preceding sentence. In relation to BMS’ review achievement of such an announcement, BMS may make specific, reasonable comments on such proposed press release within milestone as determined in accordance with the prescribed time for commentary, but provisions of this Agreement. A Party shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding as to the terms of this Agreement that have previously has already been publicly disclosed by such Party, Party in accordance with the foregoing or by the other Party, in accordance with this Section 12.3. For clarity, neither Either Party shall may disclose the financial terms of this Agreement without the prior written approval to potential investors who agree to be bound by obligations of the other Party, except non-disclosure and non-use at least as and to the extent otherwise expressly permitted under stringent as those contained in this Agreement. (c) . The Parties acknowledge that either or both Parties Amgen and/or GENE may be obligated to file under Applicable Law a copy of this Agreement and/or the Stock Purchase Agreement with the SEC U.S. Securities and Exchange Commission with its next quarterly report on Form 10-Q, an annual report on Form 10-K or other Government Authorities. Each a current report on Form 8-K or with any registration statement filed with the U.S. Securities and Exchange Commission pursuant to the Securities Act of 1933, as amended, and each such Party shall be entitled to make such a required filing, provided however, that it requests confidential treatment of at least the financial terms and more sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partythe filing Party under the circumstances then prevailing. In the event of any such filing, each the filing Party will provide the other non-filing Party with a an advance copy of this Agreement or the Stock Purchase Agreement marked to show provisions for which such the filing Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (treatment, and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and Party shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the non-filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party's timely comments thereon. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after Following the Effective Date. (b) , the Parties shall at a mutually agreeable time issue a mutually agreeable joint press release regarding the subject matter of this Agreement. After issuance of such initial joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such neither Party shall give reasonable prior advance notice of the proposed text of such announcement to the issue any other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information announcement regarding the terms of this Agreement that have previously been publicly disclosed by such Party, execution or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, which approval shall not be unreasonably withheld, conditioned or delayed, except as that a Party may (i) issue such press release or public announcement regarding the execution or terms of this Agreement if the contents of such press release or public announcement have previously been made public other than through a breach of this Agreement by the issuing Party; and (ii) issue such press release or public announcement regarding the execution or terms of this Agreement if required by the applicable regulations or laws, including the rules or regulations of FDA, the United States Securities and Exchange Commission or similar Regulatory Authorities in a countries other than the United States or of any stock exchange or listing entities; provided that, with respect to the extent otherwise expressly permitted under press releases and public announcements made pursuant to the foregoing clause (ii), the Party subject to such requirement includes in the press releases or public announcements only such information relating to Compound, Product or this AgreementAgreement as is required by such applicable regulations or laws, and shall comply with the last three (3) sentences of Section 9.1. (cb) The Parties acknowledge that either or both Parties may be obligated In addition, if at any time a Party is legally required to file under Applicable Law a copy of this Agreement with the SEC Securities and Exchange Commission (or its counterpart in any country other Government Authorities. Each than the United States), the Party shall be entitled attempt to make such a required filing, provided that it requests obtain confidential treatment of at least the financial terms such economic and sensitive technical terms hereof and thereof to the extent trade secret information as included herein for which such confidential treatment is reasonably available to such Partyin accordance with the applicable laws and regulations and the SEC's (or its counterpart's) practice. In To that end, the event Party shall, at least fifteen (15) days in advance of any such filing, each Party will provide the other Party with a copy draft set of redactions to this Agreement for which confidential treatment should be so sought from them, and shall incorporate such other Party's reasonable comments as to the additional information, which it would like to redact, into the above economic and trade secret information, and shall seek from them the confidential treatment for such additional information. (c) Either Party may further disclose the terms of this Agreement marked which have been publicly disclosed pursuant to show provisions for which such Party intends to seek confidential treatment not less than five Sections 9.3(a) or (5) Business Days prior to such filing (and any revisions to such portions b). Otherwise, the terms of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice this Agreement shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which treated as Confidential Information of both Parties. Such undisclosed terms may be disclosed by a Party to its prospective and actual licensees, Sublicensees, employees, officers, consultants, subcontractors, agents, accountants, lawyers, advisers, bankers, lenders and investors who are bound to the other Party is disclosed as permitted hereunder obligations of confidentiality and limited-usage substantially equivalent in scope and extent to comply with the covenants and restrictions or no less strict than those set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investorArticle IX.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. 12.4. (b) The Parties have agreed to will make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F F, which will be issued on or promptly after the Effective Date. (bc) After issuance release of such joint press release, if either Party or its Affiliate desires to make a public announcement concerning the material terms of this Agreement, or any clinical or regulatory announcements, such Party shall will give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided hereinprovided), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall announcement will provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release announcement for review and review, or such shorter period as may be reasonably required in order for the other proposing Party shall give good faith consideration to samecomply with any applicable deadline for making such announcement (as such deadline is communicated by the proposing Party to the commenting Party). Ambrx shall have the right to In addition, where required by Laws, including regulations promulgated by applicable security exchanges, such Party or its Affiliate may make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals in the Territory as they occur, or any other material event with respect to this Agreement or the Parties’ performance thereof, subject only to the review procedure set forth in the preceding sentence; provided that the review period will be reduced to two (2) Business Days (or such shorter period as may be reasonably required in order for the proposing Party to comply with any applicable deadline for making such press release, as such deadline is communicated by the proposing Party to the commenting Party) if the deadline for making such disclosure is five (5) or fewer Business Days after such achievement or event. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall will not withhold withhold, condition, or delay its consent to disclosure of the THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED, GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, THE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, AND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”. information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderor material event has occurred. Neither Party shall be nor their Affiliates are required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such PartyParty or its Affiliate, or by the other PartyParty or its Affiliate, in accordance with this Section 12.3. For clarity12.4, neither Party shall disclose the financial terms if such information remains accurate as of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementsuch time. (cd) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law Laws a copy of this Agreement with the SEC U.S. Securities and Exchange Commission (“SEC”) or other Government Governmental Authorities. Each Party shall be entitled to will make such a required filing, provided that it requests filing and will request confidential treatment of at least the financial commercial terms and sensitive technical or other competitively sensitive terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall will reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties will mutually agree that upon the material terms text of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of press release announcing the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press releaseAgreement. Thereafter, if either Party desires to make a public announcement concerning this Agreement or the material terms of hereof that differs from this Agreementmutually agreed upon text, such the Party shall will give reasonable prior advance notice of the proposed text of such the announcement to the other Party for its prior review and approval (except as otherwise provided herein)approval, such the approval not to be unreasonably withheld, except that in the case of a press release withheld or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing delayed. A Party shall provide the other Party with such advance notice as it reasonably can and shall will not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of from the other Party to repeat repeatedly publish any information regarding as to the terms of this Agreement that have previously already been publicly disclosed by such Party, in accordance with the foregoing, or by the other Party, in accordance with this Section 12.3. For clarity, neither Either Party shall may disclose the financial terms of this Agreement without the prior written approval to potential investors who agree to be bound by obligations of the other Party, except non-disclosure and non-use at least as and to the extent otherwise expressly permitted under stringent as those contained in this Agreement. (c) Article 12. The Parties acknowledge that either or both Parties Nuvelo and/or Bayer may be obligated to file under Applicable Law a copy of this Agreement with the SEC U.S. Securities and Exchange Commission (the “SEC”) or other Government Authoritiesits equivalent in each country in the Bayer Territory with its next quarterly report on Form 10-Q, annual report on Form 10-K or current report on Form 8-K or with any registration statement filed with the U.S. Securities and Exchange Commission pursuant to the Securities Act of 1933, as amended, or the equivalent in each country in the Bayer Territory. Each Party shall will be entitled to make such a required filing, provided that it requests the filing(s) and will have the right to exercise its sole discretion regarding any request for confidential treatment for this Agreement or any provision of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partythis Agreement. In the event of any such filingrequest for confidential treatment, each the filing Party will provide the other non-filing Party with a an advance copy of this the Agreement marked to show provisions for which such the filing Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall will reasonably consider the other non-filing Party’s timely comments thereon thereon. Each Party will give the other reasonable prior notice of any announcement relating to the extent consistent with the legal requirements, with respect activities concerning Licensed Product. Bayer acknowledges that Nuvelo as a publicly-traded company is legally obligated to the filing Party, governing make timely disclosure of all material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required events relating to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other PartyLicensed Product. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the existence of and the material terms of this Agreement are the shall be considered Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in this Section 12.4 (in lieu of the authorized disclosure provisions set forth in Section 12.2 12.2, to the extent of any conflict) and this Section 12.3without limiting the generality of the definition of Confidential Information. The Parties have agreed to make will mutually agree on the text of a joint public announcement of press release announcing the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press releaseAgreement. Thereafter, if either Party desires to make a public announcement concerning this Agreement or the material terms of this Agreementhereof, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein)approval, such approval not to be unreasonably withheld, except that in the case of a press release withheld or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefordelayed. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding as to the terms of this Agreement that have previously has already been publicly disclosed by such Party, Party in accordance with the foregoing or by the other Party, in accordance with this Section 12.3. For clarity, neither Either Party shall may disclose the financial terms of this Agreement without the prior written approval to potential investors who agree to be bound by obligations of the other Party, except non-disclosure and non-use at least as and to the extent otherwise expressly permitted under stringent as those contained in this Agreement. (c) Article 12. The Parties acknowledge that either or both Parties Amgen and/or Hyseq may be obligated to file under Applicable Law a copy of this Agreement with the SEC U.S. Securities and Exchange Commission with its next quarterly report on Form 10-Q, an annual report on Form 10-K or other Government Authoritiesa current report on Form 8-K or with any 37. Each registration statement filed with the U.S. Securities and Exchange Commission pursuant to the Securities Act of 1933, as amended, and each such Party shall be entitled to make such a required filing, provided however, that it requests confidential treatment of at least the financial terms and more sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partythe filing Party under the circumstances then prevailing. In the event of any such filing, each the filing Party will provide the other non-filing Party with a an advance copy of this the Agreement marked to show provisions for which such the filing Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (treatment, and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and Party shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the non-filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party's timely comments thereon. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. 12.4. (b) The Parties have agreed to will make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or a mutually agreed form, which will be issued within four (4) Business Days after the Effective Date, as agreed by the Parties. In addition, Licensee will file a Current Report on Form 8-K with the SEC. (bc) After issuance release of such joint press releaserelease and filing of Licensee’s Current Report on Form 8-K, if either Party or its Affiliate desires to make a public announcement concerning the material terms of this Agreement, or any clinical or regulatory announcements, such Party shall will give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided hereinprovided), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall announcement will provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release announcement for review and review, or such shorter period as may be reasonably required in order for the other proposing Party shall give good faith consideration to samecomply with any applicable deadline for making such announcement (as such deadline is communicated by the proposing Party to the commenting Party). Ambrx shall have the right to In addition, where required by Laws, including regulations promulgated by applicable securities exchanges, such Party or its Affiliate may make a press release (or SEC or other regulatory filing) announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals in the Territory as they occur, or any other material event with respect to this Agreement or the Parties’ performance thereof, subject only to the review procedure set forth in the preceding sentence; provided that the review period will be reduced to two (2) Business Days (or such shorter period as may be reasonably required in order for the proposing Party to comply with any applicable deadline for making such press release (or SEC or other regulatory filing), as such deadline is communicated by the proposing Party to the commenting Party) if the deadline for making such disclosure is five (5) or fewer Business Days after such achievement or event. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release (or SEC [*] = Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. or other regulatory filing) within the prescribed time for commentary, but shall will not withhold withhold, condition, or delay its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderor material event has occurred. Neither Party shall be nor their Affiliates are required to seek the permission of the other Party to repeat or summarize any information regarding the terms of this Agreement that have previously has already been substantially publicly disclosed by such PartyParty or its Affiliate, or by the other PartyParty or its Affiliate, in accordance with this Section 12.312.4, if such information remains accurate as of such time. For clarityNotwithstanding the foregoing, neither Party Licensee shall disclose not be obligated to obtain Licensor’s approval of, or to provide Licensor the financial terms opportunity to review and comment on, Licensee’s public announcements concerning the Product, provided that Licensee provides Licensor with reasonable prior notice of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementmaterial public announcements with respect thereto. (cd) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law Laws a copy of this Agreement with the SEC U.S. Securities and Exchange Commission (“SEC”) or other Government Governmental Authorities. Each Party shall be entitled to will make such a required filing, provided that it requests filing and will request confidential treatment of at least the financial commercial terms and sensitive technical or other competitively sensitive terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show the provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall will reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. Except as set forth in Sections 12.3(b) and 12.3(c), each Party agrees not to issue any press release or other public announcement disclosing the terms of this Agreement or the transaction contemplated hereby without the prior written consent of the other Party. The Parties have agreed to that Exscientia may make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F E on or after the Effective Date. Exscientia agrees to provide BMS at least twenty-four (24) hours notice prior to issuing such press release. (b) After issuance of such joint press release, if either Each Party desires to make a public announcement concerning may disclose the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that Agreement in the case of a press release or governmental filing (including any prospectus in connection with an IPO or other securities offering) to the extent required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), provided that the disclosing Party shall provide give prior advance notice (to the extent it reasonably can) of the proposed text of such release or filing to the other Party with such advance notice as it reasonably can and for its prior review but shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its commentsCertain confidential information contained in this document, if anymarked by [****], within five has been omitted because it is both (5i) Business Days not material and (or within three (3) Business Days in the event that Ambrx (or its Affiliateii) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information type that the relevant milestone registrant treats as private or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementconfidential. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Governmental Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) [****] Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press release, if If either Party desires to make a public announcement disclosure concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement disclosure to the other Party reasonably in advance (but in any case no less than [***] prior to the disclosure) for its prior review and approval (except as otherwise provided herein), such which approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval thereforunreasonably withheld or delayed. A Party commenting on such a proposed press release disclosure shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) [***] after receiving the press release proposed disclosure for review and the other (or such shorter period of time as necessitated by regulatory requirements). In addition, where required by applicable Law, including regulations promulgated by applicable security exchanges, either Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing or other public disclosure regarding the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals Approval in the Terns Territory as they occur, subject only or the occurrence of other events that affect either Party’s rights or obligations under this Agreement, including the results of any Clinical Trial of Licensed Products, whether in the Terns Territory or the Genfit Territory; provided that such Party shall provide the proposed text of such disclosure to the review procedure set forth other Party at least [***] in advance, and the preceding sentenceother Party shall provide its comments thereto within such [***]. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties or their Affiliates may be obligated to file under Applicable Law applicable Laws a copy of this Agreement with Governmental Authorities, including, without limitation, the SEC or other Government AuthoritiesU.S. Securities and Exchange Commission (the “SEC”). Each Party and its Affiliates shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partyavailable. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party or its Affiliate intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s timely comments thereon to the extent consistent with the legal requirements, with respect to the filing PartyParty or Affiliate, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the existence of and the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in this Section 10.3 (in lieu of the authorized disclosure provisions set forth in Section 12.2 10.2, to the extent of any conflict) and this without limiting the generality of the definition of Confidential Information set forth in Section 12.31.17. The Parties have agreed to make will mutually agree the text of a joint public announcement of press release announcing the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press releaseAgreement. Thereafter, if either Party desires to make a public announcement concerning this Agreement or the material terms of this Agreementhereof, such Party shall will give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein)approval, such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall will not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding as to the terms of this Agreement that have previously already been publicly disclosed by such Party, Party in accordance with the foregoing or by the other Party, in accordance with this Section 12.3. For clarity, neither Either Party shall may disclose the financial terms of this Agreement without the prior written approval to potential investors who agree to be bound by obligations of the other Party, except non-disclosure and non-use at least as and to the extent otherwise expressly permitted under stringent as those contained in this Agreement. (c) Article 10. The Parties acknowledge that either or both Parties Celera and/or Pharmacyclics may be obligated to file under Applicable Law a copy of this Agreement with the SEC U.S. Securities and Exchange Commission with its next quarterly report on Form 10-Q, annual report on Form 10-K or other Government Authorities. Each current report on Form 8-K or with any registration statement filed with the U.S. Securities and Exchange Commission (the "SEC") pursuant to the Securities Act of 1933, as amended and each such Party shall will be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and more sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partythe filing Party under the circumstances then prevailing. In the event of any such filing, each the filing Party will provide the other non-filing Party with a an advance copy of this the Agreement marked to show provisions for which such the filing Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall will reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the non-filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party's timely comments thereon. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both all Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 13.2 and this Section 12.313.3. The Parties (and/or their Affiliates, as applicable) have agreed to each make a joint public announcement of the execution of this Agreement substantially in the form forms of the press release attached as Exhibit F on or after EXHIBIT J-1 and EXHIBIT J-2 within [***] of the Effective Date, but in no event later than as may be required by applicable law, rule or regulation. (b) After issuance release of such joint press release, if either any Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party Parties for its their prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by law or the disclosing Party’s counsel)rules of any securities exchange to which a Party is subject, the disclosing Party shall provide the other Party Parties with such advance notice as it reasonably can and shall not be required to obtain approval therefortherefor but shall reasonably consider and incorporate the other Parties’ comments to the extent reasonably practicable. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) [***] after receiving the press release for review and the other Party shall give good faith consideration to samereview. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither No Party shall be required to seek the permission of the any other Party to repeat any information regarding the terms of this Agreement that have previously already been publicly disclosed by such Party, or by the any other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement13.3. (c) The Parties acknowledge that either If a Party or both Parties may be one of its Affiliates, as applicable, is obligated to file under Applicable Law a copy of this Agreement with any Governmental Authority(ies) (e.g., the SEC SEC), such Party or other Government Authorities. Each Party its Affiliate, as applicable, shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof of this Agreement to the extent such confidential treatment is reasonably available to such PartyParty or its Affiliate. In the event of any such filing, each Party will provide the other Party with a copy of this the Agreement marked to show provisions for which such Party or its Affiliate intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s reasonable, good faith comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, requirements governing disclosure redaction of information from material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are included within the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in Section 12.2 and this Section 12.312.2. The Parties have agreed to make a joint public announcement of A Party may disclose the execution material terms of this Agreement substantially if such disclosure is reasonably necessary to any bona fide potential or actual investor, acquiror, merger partner, or other financial or commercial partner for the sole purpose of evaluating an actual or potential investment, acquisition or other business relationship; provided that in each case, the form disclosees are bound by written obligations of confidentiality and non-use at least as restrictive to those contained in Article 12 of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press release, if Collaboration Agreement. If either Party desires to make a public announcement press release concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderreview. Neither Party shall be required to seek the permission of the other Party to repeat publicly disclose any information regarding the terms of this Agreement that have previously has already been publicly disclosed or previously agreed to by such Party, or by the other Party, in accordance with this Section 12.312.2. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties Affymax may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government AuthoritiesU.S. Securities and Exchange Commission (the “SEC”). Each Party Affymax shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial certain commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such PartyAffymax. In the event of any such filing, each Party will Affymax shall provide the other Party TPUSA with a copy of this the Agreement marked to show provisions for which such Party Affymax intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Partyand incorporate TPUSA’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, requirements governing disclosure redaction of information from material agreements and material information that must be publicly filed. TPUSA shall promptly provide any such comments. TPUSA recognizes that U.S. Laws and SEC policies and regulations to which Affymax is and may become subject may require Affymax to publicly disclose certain terms of this Agreement that TPUSA may prefer not be disclosed, and shall only disclose Confidential Information which it is advised by counsel or that Affymax is, after completing the applicable Governmental Authority is above mentioned procedures, entitled hereunder to make such required disclosures to the extent legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Partyreasonable opinion of outside legal counsel. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. 12.4. (b) The Parties have agreed to shall make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F D which shall be issued on or promptly after the Effective Date. (bc) After issuance release of such joint press release, if either Party desires to make a public announcement concerning the material terms of this AgreementAgreement or any activities hereunder, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release release, quarterly or annual report, or other governmental filing required by Applicable Law (where reasonably advised by including, subject to subsection (d) below, pursuant to requirements of the disclosing Party’s counselSEC (as defined below)), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. Each such press release shall contain appropriate references to the other Party if so requested. In addition, NeuRx shall have the right to issue press releases announcing the achievement of milestones under Section 8.2 upon Neos’s prior written consent, not to be unreasonably withheld or delayed. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderreview. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity12.4(c), neither Party shall disclose the financial terms provided such information remains accurate as of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementsuch time. (cd) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law Laws a copy of this Agreement with the SEC U.S. Securities and Exchange Commission (“SEC”) or other Government Governmental Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed. (e) No disclosure of the existence, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance terms, of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing may be made by either Party hereunder or otherwise approved by its Affiliates, and neither Party shall use the name, trademark, trade name or logo of the other Party. (d) Each Party shall require each of , its Affiliates and private investors or their respective employees in any publicity, promotion, news release or disclosure relating to which Confidential Information this Agreement or its subject matter, without the prior express written permission of the other Party is disclosed Party, except as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through this Section 12.3 12.4 or as if each such Affiliate and each such investor were a Party to this Agreement and shall otherwise may be fully responsible for any breach of such covenants and restrictions required by any such Affiliate or investorApplicable Law.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. 11.4. (b) The Parties have agreed to shall make a joint public announcement of the execution of this Agreement substantially in the a form of the acceptable to both Parties, which press release attached as Exhibit F will be issued on or promptly after the Effective Date. (bc) After issuance release of such joint press release, if either Party Licensee or its Affiliate desires to make a public announcement concerning the material terms of this AgreementAgreement or any scientific, such Party clinical or regulatory announcements, Licensee or its Affiliate shall give reasonable prior advance notice of the proposed text of such announcement to the other Party Licensor for its prior review and approval (except as otherwise provided hereinprovided), such approval not to be unreasonably withheld, except that in the case of a press release conditioned or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefordelayed. A Party commenting on such a proposed press release Licensor shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release announcement for review and the other Party shall give good faith consideration review, or such shorter period as may be reasonably required in order for Licensee or its Affiliate to samecomply with any applicable deadline for making such announcement (as such deadline is communicated by Licensee or its Affiliate to Licensor). Ambrx shall have the right to In addition, where required by Laws, including regulations promulgated by applicable security exchanges, Licensee or its Affiliate may make a press release or announcement announcing such required information relating to the transactions contemplated in this Agreement, the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals in the Licensed Territory as they occur, or any other material event with respect to this Agreement or Licensee’s performance thereof, subject only to the review procedure set forth in the preceding sentencesentence so far as permissible by Laws, the rules and regulations of applicable security exchanges; provided that the review period will be reduced to two (2) Business Days (or such shorter period as may be reasonably required in order for Licensee or its Affiliate to comply with any applicable deadline for making such press release, as such deadline is communicated by Licensee or its Affiliate to Licensor) if the deadline for making such disclosure is five (5) or fewer Business Days after such achievement or event. In relation to BMS’ Licensor’s review of such an announcement, BMS Licensor may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold withhold, condition, or delay its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderor material event has occurred. Neither Party shall be Licensee nor its Affiliate is required to seek the permission of the other Party Licensor to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, Licensee or by the other Party, its Affiliate in accordance with this Section 12.3. For clarity11.4, neither Party shall disclose the financial terms if such information remains accurate as of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementsuch time. (cd) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law Laws a copy of this Agreement with the SEC U. S. Securities and Exchange Commission (“SEC”), the Hong Kong Securities and Exchange Commission or other Government Governmental Authorities. Each Party shall be entitled to make such a required filing, provided that it requests filing and shall request confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will shall provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are included within the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F K on or after the Effective Date. [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. (b) After issuance release of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to samereview. Ambrx Affymax shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals in the Licensed Territory as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ Takeda’s review of such an announcement, BMS Takeda may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed or previously agreed to by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties Affymax may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government AuthoritiesU.S. Securities and Exchange Commission (the “SEC”). Each Party Affymax shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial certain commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such PartyAffymax. In the event of any such filing, each Party will Affymax shall provide the other Party Takeda with a copy of this the Agreement marked to show provisions for which such Party Affymax intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Partyand incorporate Takeda’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, requirements governing disclosure redaction of information from material agreements and material information that must be publicly filed. Takeda shall promptly provide any such comments. Takeda recognizes that U.S. Laws and SEC policies and regulations to which Affymax is and may become subject may require Affymax to publicly disclose certain terms of this Agreement that Takeda may prefer not be disclosed, and shall only disclose Confidential Information which it is advised by counsel or that Affymax is, after completing the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted above mentioned procedures, entitled hereunder to comply with make such required disclosures to the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investorextent legally required.

Publicity; Terms of Agreement. (a) The Parties agree that shall treat the existence and material terms of this Agreement are as confidential and shall not disclose such information to Third Parties without the prior written consent of the other Party or except as provided in Section 9.3 (treating such information as Confidential Information for purposes of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.39.3). The Parties have agreed to make a joint public announcement of the agree that upon execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint shortly thereafter, either Party may issue a press release, if either Party desires which shall be subject to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3not to be unreasonably withheld or delayed. For clarityExcept for such press release or as otherwise required by applicable law or applicable stock exchange requirements, neither Party Amylin nor Shionogi shall disclose issue or cause the financial terms publication of any other press release or public announcement with respect to the transactions contemplated by this Agreement without the express prior written approval of the other Party, except which approval shall not be unreasonably withheld or delayed; provided that, each of Amylin and Shionogi may make any public statement in response to questions by the press, analysts, investors or those attending industry conferences or financial analyst calls, or issue press releases, so long as any such public statement or press release is not inconsistent with prior public disclosures or public statements approved by the other Party pursuant to this Section 9.4 and which do not reveal non-public information about the other Party. If, in the reasonable opinion of a Party’s legal counsel, a public announcement of the transactions contemplated by the Agreement is required by applicable laws or applicable stock exchange requirements, then, to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make permissible by law, such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other with notice reasonable under the circumstances (but in no event less than ten (10) days prior to disclosure) of such intended announcement and will consult with the other Party with a copy of this Agreement marked respect to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (the nature and any revisions to such portions scope of the proposed filing a reasonable time prior required announcement (which shall be limited to the filing thereofinformation reasonably required to be disclosed), and shall reasonably consider the other Party’s comments thereon . In addition to the extent consistent with the legal requirementsforegoing, with respect to complying with the disclosure requirements of the Securities and Exchange Commission or other regulatory agencies, in connection with any required filing Partyof this Agreement with such agency, governing the Parties shall consult with one another concerning which terms of this Agreement shall be requested to be redacted in any public disclosure of material agreements and material information that must be publicly filedthe Agreement by the agency, and each Party shall only disclose Confidential Information which it is advised seek confidential treatment by counsel or the applicable Governmental Authority is legally agency in public disclosure of the Agreement by the agency for the definitions of Leptin, Licensed Products and Field of Use, the exhibits, and any dollar amounts set forth herein. If Shionogi required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to disclose this Agreement contained in the proposed filing has been included in or any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party terms hereof, Shionogi shall require each give Amylin reasonable advance notice of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement required disclosure and shall be fully responsible for any breach address and accommodate all Amylin’s reasonable comments regarding the extent of such covenants and restrictions by any such Affiliate or investordisclosure.

Publicity; Terms of Agreement. (a) The Parties agree that parties shall treat the material existence and terms of this Agreement are as confidential and shall not disclose such information to Third Parties without the prior written consent of the other party or except as provided in Section 4.2 (treating such information as Confidential Information of both Parties, subject the other party for purposes of this Article 4). Subject to the special authorized disclosure provisions set forth in Section 12.2 and remainder of this Section 12.3. The Parties have agreed to make a joint 4.3, neither Amylin nor Nastech shall issue or cause the publication of any press release or public announcement of relating in any way to the execution entry of this Agreement substantially in or the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement transactions contemplated hereby without the prior written approval of the other Partyparty, except as which approval shall not be unreasonably withheld or delayed. Both Amylin and to Nastech may make public disclosures of the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge existence and terms of the Agreement in its respective reports or other filings filed with the Securities and Exchange Commission, provided that either or both Parties may be obligated to file under Applicable Law a copy each party shall first consult with the other on the provisions of this Agreement to be [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH A SERIES OF THREE ASTERISKS IN BRACKETS [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] redacted in connection with the SEC or other Government Authorities. Each Party shall be entitled to make any such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partyfilings. In addition, the event parties shall consult and use good faith efforts to agree in advance in writing upon the content of any disclosures regarding the status of development, manufacture or commercialization of Products to be made in such filingfilings or in response to questions by the press, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof)analysts, and shall reasonably consider the other Party’s comments thereon to the extent investors or those attending industry conferences or financial analyst calls, consistent with the their respective legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Partyobligations. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. . (b) The Parties have agreed upon in principle the initial press release to make a joint public announcement of announce the execution of this Agreement in substantially in the form of the press release attached hereto as Exhibit F on or after E, which shall be finalized upon mutual agreement by the Effective Date. (b) Parties before release. After issuance of such joint initial press release, if either Party desires to make a public announcement disclosure concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement disclosure to the other Party for its prior review and approval (except as otherwise provided herein), such which approval shall not to be unreasonably withheld, except that in the case of a press release conditioned, or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefordelayed. A Party commenting on such a proposed press release disclosure shall provide its comments, if any, within five ten (510) 222330578 v11 Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release proposed disclosure for review and the other (or such shorter period of time as necessitated by regulatory requirements). Each Party shall give good faith consideration to same. Ambrx shall have the right to may make a press release announcing or other public disclosure regarding the achievement of each milestone under this Agreement as it is achievedthe milestone, and the achievements of Regulatory Approvals Approval in the Cutia Territory as they occuroccur or the occurrence of other events that affect either Party’s rights or obligations under this Agreement, in each case subject only to the review procedure set forth in the preceding sentencesentences. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be is required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either Either or both Parties or their Affiliates may be obligated to file under Applicable Law Laws a copy of this Agreement with Governmental Authorities, including the SEC or other Government AuthoritiesU.S. Securities and Exchange Commission (the “SEC”). Each Party shall be entitled to and its Affiliates may make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partyavailable. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party or its Affiliate intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s timely comments thereon to the extent consistent with the legal requirements, with respect to the filing PartyParty or Affiliate, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each may disclose the existence and terms of its Affiliates this Agreement to bona fide potential or actual investors, advisors, lenders, and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if research collaborators, provided each such Affiliate and each such investor were a Party to entity is bound by confidentiality obligations no less stringent than this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investorArticle 12.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.311.3. Except as set forth in Section 11.3(c), neither Party shall issue any public announcement, press release, or other public disclosure regarding this Agreement or its subject matter without the other Party’s prior written consent, except for any such disclosure that is, in the opinion of the disclosing Party’s counsel, required by Law, any regulatory authority (including filings with the Securities and Exchange Commission or other agency) or the rules of a stock exchange on which the securities of the disclosing Party are listed (or to which an application for listing has been submitted). In the event a Party is, in the opinion of its counsel, required by Law, any regulatory authority (including filings with the Securities and Exchange Commission or other agency) or the rules of a stock exchange on which its securities are listed (or to which an application for listing has been submitted) to make such a public disclosure, such Party shall submit the proposed disclosure in writing to the other Party as far in advance as reasonably practicable so as to provide a reasonable opportunity to comment thereon; provided, however, if a Party is required by Law, any regulatory authority (including filings with the Securities and Exchange Commission or other agency) or the rules of a stock exchange on which the securities of the disclosing Party are listed (or to which an application for listing has been submitted) to disclose this Agreement, such Party shall prepare a proposed redacted version of this Agreement to request confidential treatment for this Agreement, and the other Party may promptly (and in any event, no more than five (5) Business Days after receipt of such proposed redactions) provide its comments, which comments shall be considered in good faith by the Party required to make such disclosure. (b) In addition, either Party may provide a copy of this Agreement (excluding the Scope of Work, the SOW and any Development Plan) if such disclosure is reasonably necessary to any bona fide potential or actual investor, acquirer, merger partner, or other financial or commercial partner for the sole purpose of evaluating an actual or potential investment, acquisition or other business relationship; provided that in each case, the recipients are bound by written obligations of confidentiality and non-use substantially similar to those contained in this Agreement and having a minimum term of five (5) years. (c) The parties anticipate that either Party may desire to make a public announcement of the execution of this Agreement, or that the Parties have agreed may desire to make a joint public announcement of the execution of this Agreement substantially in the form Agreement. Any public announcement of the press release attached as Exhibit F on or after execution of this Agreement must be mutually agreed by the Effective DateParties prior to release. (bd) After issuance of such joint press release, if either Party desires to make a public announcement concerning the material terms of Except as expressly provided in this Agreement, such neither Party shall give reasonable prior advance notice of mention or otherwise use the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein)name, such approval not to be unreasonably withheldlogo, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission trademark of the other Party to repeat or any information regarding the terms of this Agreement that have previously been publicly disclosed by such Partyits Affiliates (or any abbreviation or adaptation thereof) in any publication, press release, marketing and promotional material, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms form of this Agreement publicity without the prior written approval of the such other Party, except as and to the extent otherwise expressly permitted under Party in each instance. The restrictions imposed by this Agreement. (cSection 11.3(d) The Parties acknowledge that shall not prohibit either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of from making any such filing, each Party will provide disclosure identifying the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised required by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other PartyLaw. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that shall treat the existence and material terms of this Agreement are as confidential and shall not disclose such information to Third Parties without the prior written consent of the other Party or except as provided in Section 9.3 (treating such information as Confidential Information for purposes of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.39.3). The Parties have agreed to make a joint public announcement of the agree that upon execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint shortly thereafter, either Party may issue a press release, if either Party desires which shall be subject to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3not to be unreasonably withheld or delayed. For clarityExcept for such press release or as otherwise required by applicable law or applicable stock exchange requirements, neither Party Amgen nor Amylin shall disclose issue or cause the financial terms publication of any other press release or public announcement with respect to the transactions contemplated by this Agreement without the express prior written approval of the other Party, except which approval shall not be unreasonably withheld or delayed; provided that, each of Amgen and Amylin may make any public statement in response to questions by the press, analysts, investors or those attending industry conferences or financial analyst calls, or issue press releases, so long as any such public statement or press release is not inconsistent with prior public disclosures or public statements approved by the other Party pursuant to this Section 9.4 and which do not reveal non-public information about the other Party. If, in the reasonable opinion of a Party’s legal counsel, a public announcement of the transactions contemplated by the Agreement is required by applicable laws or applicable stock exchange requirements, then, to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make permissible by law, such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other with notice reasonable under the circumstances (but in no event less than ten (10) days prior to disclosure) of such intended announcement and will consult with the other Party with a copy of this Agreement marked respect to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (the nature and any revisions to such portions scope of the proposed filing a reasonable time prior required announcement (which shall be limited to the filing thereofinformation reasonably required to be disclosed), and shall reasonably consider the other Party’s comments thereon . In addition to the extent consistent with the legal requirementsforegoing, with respect to complying with the disclosure requirements of the Securities and Exchange Commission or other regulatory agencies, in connection with any required filing Partyof this Agreement with such agency, governing the Parties shall consult with one another concerning which terms of this Agreement shall be requested to be redacted in any public disclosure of material agreements and material information that must be publicly filedthe Agreement by the agency, and each Party shall only disclose Confidential Information which it is advised seek confidential treatment by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance agency in public disclosure of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each agency for the definitions of its Affiliates Leptin, Licensed Products and private investors to which Confidential Information of Neuro Field, the other Party is disclosed as permitted hereunder to comply with the covenants exhibits, and restrictions any dollar amounts set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investorherein.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are included within the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in Section 12.2 and this Section 12.3. 9.3. (b) The Parties have agreed to make a joint agree that the public announcement of the execution of this Agreement substantially will be in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release to be mutually agreed upon by the Parties in writing on or governmental filing before the Effective Date and thereafter each Party will be entitled to make or publish any public statement regarding the Parties’ relationship and the general nature of this Agreement consistent with the scope and contents of such release. Thereafter, AGENSYS and BELLICUM will jointly discuss and agree in writing, based on the principles of this Section 9.3(b), on any statement to the public regarding this Agreement or any aspect of this Agreement subject in each case to disclosure otherwise required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice law or regulation as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days determined in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to sameby counsel for each Party. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the The terms of this Agreement that have previously been publicly may also be disclosed to (i) government agencies where required by such Partylaw, including filings required to be made by law with the Securities and Exchange Commission, the NASDAQ Stock Market, or by the other Partyany national securities exchange, in accordance or (ii) Third Parties who have legitimate bona fide reasons to know, with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval consent of the other Party, except which consent will not be unreasonably withheld, in each case (both (i) and (ii)) so long as such disclosure is made under a binder of confidentiality (in the case of Third Parties), so long as highly sensitive terms and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make conditions such a required filing, provided that it requests confidential treatment of at least the as financial terms and sensitive technical terms hereof and thereof to are extracted from the extent such confidential treatment is reasonably available to such Party. In Agreement or not disclosed upon the event request of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party, and so long as the disclosing Party (x) gives reasonable advance notice of the disclosure under the circumstances requiring the disclosure, (y) provides the non-disclosing Party a meaningful opportunity to review and comment upon such terms that are to be disclosed and terms that are to be redacted or for which confidential treatment will be sought, within a reasonable time, and (z) reasonably considers the non-disclosing Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by on any such Affiliate terms, redactions or investorconfidential treatment. BELLICUM will […***…] ***Confidential Treatment Requested […***…].

Publicity; Terms of Agreement. (a) The Parties agree that the existence of and the material terms of this Agreement are the shall be considered Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in this Section 12.3 (in lieu of the authorized disclosure provisions set forth in Section 12.2 12.2, to the extent of any conflict) and this Section 12.3without limiting the generality of the definition of Confidential Information. The Parties have agreed to make will mutually agree on the text of a joint public announcement of press release announcing the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press releaseAgreement. Thereafter, if either Party desires to make a public announcement concerning this Agreement or the material terms of this Agreementhereof, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein)approval, such approval not to be unreasonably withheld, except that in the case withheld or delayed. With respect to GENE’s public announcement of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and of the achievements of Regulatory Approvals as they occur, subject only to the review procedure milestones set forth in Section 8.9, GENE shall make such announcement within ***** working days of the preceding sentence. In relation to BMS’ review achievement of such an announcement, BMS may make specific, reasonable comments on such proposed press release within milestone as determined in accordance with the prescribed time for commentary, but provisions of this Agreement. A Party shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding as to the terms of this Agreement that have previously has already been publicly disclosed by such Party, Party in accordance with the foregoing or by the other Party, in accordance with this Section 12.3. For clarity, neither Either Party shall may disclose the financial terms of this Agreement without the prior written approval to potential investors who agree to be bound by obligations of the other Party, except non-disclosure and non-use at least as and to the extent otherwise expressly permitted under stringent as those contained in this Agreement. (c) . The Parties acknowledge that either or both Parties Amgen and/or GENE may be obligated to file under Applicable Law a copy of this Agreement and/or the Stock Purchase Agreement with the SEC U.S. Securities and Exchange Commission with its next quarterly report on Form 10-Q, an annual report on Form 10-K or other Government Authorities. Each a current report on Form 8-K or with any registration statement filed with the U.S. Securities and Exchange Commission pursuant to the Securities Act of 1933, as amended, and each such Party shall be entitled to make such a required filing, provided however, that it requests confidential treatment of at least the financial terms and more sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partythe filing Party under the circumstances then prevailing. In the event of any such filing, each the filing Party will provide the other non-filing Party with a an advance copy of this Agreement or the Stock Purchase Agreement marked to show provisions for which such the filing Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (treatment, and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and Party shall reasonably consider the other non-filing Party’s timely comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Partythereon. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are included within the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in this Section 12.3 or in Section 12.2 and this Section 12.312.2. The Parties have agreed to make shall issue a joint public announcement of press release regarding the execution of this Agreement substantially in the form of set forth on Exhibit B and on the press release attached as Exhibit F on or date mutually agreed by the Parties, which date shall not be later than [***] after the Effective Date. [***] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (b) After issuance release of such joint press release, if either Party desires to make a public announcement concerning the material terms of this AgreementAgreement or either Party’s activities under the Global Product Development Plan, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release withheld or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefordelayed. A Party commenting on such a proposed press release public announcement shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) [***] after receiving the press release public announcement for review and review. To the other extent required by law or by the regulations of the applicable securities exchange upon which a Party shall give good faith consideration to same. Ambrx may be listed, such Party shall have the right to make a press release announcing public announcement concerning the material terms of this Agreement or either Party’s activities under the Global Product Development Plan, including public announcements of the achievement of each milestone milestones under this Agreement as it is they are achieved, and the achievements of Regulatory Approvals MAA or NDA approvals in the Licensed Territory as they occur, as well as any financial information necessary for its required financial disclosures, including, as applicable, the amount of milestone payment, royalty revenue and upfront payments, subject only to the review procedure set forth in the preceding sentencesentences. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder, that MAA or NDA approval has occurred or that such revenue or payments have been earned or received. Notwithstanding the foregoing, except as disclosed in the joint press release in the form attached as Exhibit B, SGI acknowledges that the Parties intend to preserve as confidential the royalty rates and royalty tiers under this Agreement, to the extent disclosure thereof is not required by law or by the regulations of the applicable securities exchange upon which a Party may be listed, and SGI shall not disclose MPI’s Net Sales without MPI’s prior written consent. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement or either Party’s activities under the Global Product Development Plan that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties each Party may in the future be obligated to file under Applicable Law a copy of this Agreement with the SEC U.S. Securities and Exchange Commission or other Government Authoritiesapplicable entity having regulatory authority over such Party’s securities (the “SEC”). Each Such Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial certain commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each such Party will provide the other Party Party, a reasonable time prior to filing, with a copy of this the Agreement marked to show provisions for which such the filing Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, requirements governing disclosure redaction of information from material agreements and material information that must be publicly filed, . Such other Party will as promptly as practical provide any such comments. Each Party recognizes that applicable Laws and shall only SEC policies and regulations to which the filing Party is and may become subject to may require such filing Party to publicly disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance certain terms of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of that the other Party may prefer not be disclosed, and that the filing Party is disclosed as permitted entitled hereunder to make such required disclosures to the minimum extent necessary to comply with the covenants such Laws and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate SEC policies and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investorregulations.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. . (b) The Parties have agreed to shall make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F F, which shall be issued on or after a date agreed by the Effective DateParties. (bc) After issuance of such joint press release, if either Party desires to make a public announcement disclosure concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement disclosure to the other Party for its prior review and approval (except as otherwise provided herein), such which approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval thereforunreasonably withheld or delayed. A Party commenting on such a proposed press release disclosure shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release proposed disclosure for review and the other (or such shorter period of time as necessitated by regulatory requirements). In addition, where required by applicable Law, including regulations promulgated by applicable security exchanges, either Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing or other public disclosure regarding the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals Approval in the SymBio Territory, including XXX Xxxxx Approval, as they occur, or the occurrence of other events that affect either Party’s rights or obligations under this Agreement, in each case subject only to the review procedure set forth in the preceding sentencesentences. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but commentary and any such reasonable comments shall not withhold its consent to disclosure of be implemented by the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderrequesting Party. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (cd) The Parties acknowledge that either or both Parties or their Affiliates may be obligated to file under Applicable Law applicable Laws a copy of this Agreement with the SEC Governmental Authorities or other Government Authoritiesa nationally recognized securities exchange. Each Party and its Affiliates shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partyavailable. In the event of any such filing, each Party will shall provide the other Party with a copy of this Agreement marked to show provisions for which such Party or its Affiliate intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s timely comments thereon to the extent consistent with the legal requirements, with respect to the filing PartyParty or Affiliate, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed 12.3 (or otherwise subject to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective DateSection 12.2). (b) After issuance of such joint press release, if If either Party desires to make a public announcement disclosure concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement disclosure to the other Party for its prior review and approval (except as otherwise provided herein), such which approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval thereforunreasonably withheld or delayed. A Party commenting on such a proposed press release disclosure shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) [***] after receiving the press release proposed disclosure for review and the other (or such shorter period of time as necessitated by regulatory requirements). In addition, where required by Applicable Law, including regulations promulgated by applicable security exchanges, either Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing or other public disclosure regarding the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals Approval in the Hansoh Territory as they occur, or the occurrence of other events that affect either Party’s rights or obligations under this Agreement, in each case subject only to the review procedure set forth in the preceding sentencesentences. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties or their Affiliates may be obligated to file under Applicable Law Laws a copy of this Agreement with Governmental Authorities, including the SEC U.S. Securities and Exchange Commission (the “SEC”) or other Government AuthoritiesHong Kong Securities and Futures Commission (the “SFC”). Each Party and its Affiliates shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partyavailable. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party or its Affiliate intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider in good faith and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing PartyParty or Affiliate, governing disclosure of material agreements and material information that must be publicly filed. The non-filing Party agrees to promptly (and in any event, and no less than [***] after receipt of such proposed redactions) provide its comments on such proposed redactions. The Party seeking such disclosure shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required exercise Commercially Reasonable Efforts to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance obtain confidential treatment of the description of or reference to this Agreement contained in from the proposed filing has been included in any previous filing made SEC or SFC as represented by either Party hereunder or otherwise approved the redacted version reviewed by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. Except as set forth in Sections 12.3(b) and 12.3(c), each Party agrees not to issue any press release or other public announcement disclosing the terms of this Agreement or the transaction contemplated hereby without the prior written consent of the other Party. The Parties have agreed to that uniQure may make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F I on or after the Effective Date. uniQure agrees to provide BMS at least twenty-four (24) hours’ notice prior to issuing such press release. (b) After issuance of such joint press release, if either Each Party desires to make a public announcement concerning may disclose the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that Agreement in the case of a press release or governmental filing (including any prospectus in connection with an IPO or other securities offering) to the extent required by Applicable Law Law, including regulations promulgated by the SEC or other relevant securities exchanges (where reasonably advised by the disclosing Party’s counsel); provided however, that the disclosing Party shall provide shall, except where impracticable, give reasonable advance written notice of the proposed text of such release or filing to the other Party with such advance notice as it reasonably can and for its prior review but shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Governmental Authorities. Each Party shall be entitled to make such a required filing; provided however, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections Section 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press release, if If either Party desires to make a public announcement disclosure concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement disclosure to the other Party for its prior review and approval (approval, except as otherwise provided herein), such which approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval thereforunreasonably withheld or delayed. A Party commenting on such a proposed press release disclosure shall provide its comments, if any, within five (5) [*] Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release proposed disclosure for review and the other review, or such shorter period of time as necessitated by regulatory requirements. In addition, where required by applicable Law, including regulations promulgated by applicable security exchanges, either Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing or other public disclosure regarding the achievement of each sales milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals Approval in the Collaboration Territory as they occur, or the occurrence of other events that affect either Party’s rights or obligations under this Agreement, in each case subject only to the review procedure set forth in the preceding sentencesentences. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties or their Affiliates may be obligated to file under Applicable Law applicable Laws a copy of this Agreement with the SEC or other Government Governmental Authorities. Each Party and its Affiliates shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partyavailable. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party or its Affiliate intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s timely comments thereon to the extent consistent with the legal requirements, with respect to the filing PartyParty or Affiliate, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are included within the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F A on or after the Effective Date. (b) After issuance release of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderreview. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed or previously agreed to by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties may TGTX will be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government AuthoritiesU.S. Securities and Exchange Commission (the “SEC”). Each Party TGTX shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial certain commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such PartyTGTX. In the event of any such filing, each Party will TGTX shall provide the other Party Rhizen with a copy of this the Agreement marked to show provisions for which such Party TGTX intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Partyand incorporate Rhizen’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, requirements governing disclosure redaction of information from material agreements and material information that must be publicly filed. Rhizen shall promptly provide any such comments. Rhizen recognizes that U.S. Laws and SEC policies and regulations to which TGTX is and may become subject may require TGTX to publicly disclose certain terms of this Agreement that Rhizen may prefer not be disclosed, and shall only disclose Confidential Information which it is advised by counsel or that TGTX is, after completing the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted above mentioned procedures, entitled hereunder to comply with make such required disclosures to the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investorextent legally required.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 8.2 and this Section 12.38.5. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F E on or after the Effective Date. (b) After issuance release of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel)law, the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) [ * ] days after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderreview. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement8.5. (c) The Parties acknowledge that either or both Parties Anacor may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party Anacor shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partyavailable. In the event of any such filing, each Party Anacor will provide the other Party Foundation with a copy of this the Agreement marked to show provisions for which such Party Anacor intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other PartyFoundation’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, requirements governing disclosure redaction of information from material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 12.3 and this Section 12.312.4. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F N on or promptly after the Effective Date. (b) After issuance release of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement or any activities under this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not material and (ii) would likely cause competitive harm to the company if publicly disclosed. herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel)law, the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to samereview. Ambrx FibroGen shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ AstraZeneca’s review of such an announcement, BMS AstraZeneca may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement12.4. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this the Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, requirements governing disclosure redaction of information from material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to shall make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F Agreement, which shall be issued on or promptly after the Effective Date. (b) . After issuance release of such joint press release, if either Party desires to make a public announcement disclosure concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of at least five (5) Business Days of the proposed text of such announcement disclosure to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release withheld or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefordelayed. A Party commenting on such a proposed press release disclosure shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release proposed disclosure for review and the other review. In addition, where required by Applicable Laws, including regulations promulgated by applicable security exchanges, such Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing or other public disclosure regarding the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals Approval, including product pricing and reimbursement, in the Territory as they occur, or the occurrence of other events that affect either Party’s rights or obligations under this Agreement, in each case subject only to the review procedure set forth in the preceding sentencesentences. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but such other Party’s approval shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderbe required. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties or their Affiliates may be obligated to file under Applicable Law Laws a copy of this Agreement with the SEC U.S. Securities and Exchange Commission (“SEC”) or other Government Governmental Authorities. Each Party and its Affiliates shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partyavailable. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party or its Affiliate intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s timely comments thereon to the extent consistent with the legal requirements, with respect to the filing PartyParty or Affiliate, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. 11.03. (b) The Parties have agreed upon in principle the initial press release to make a joint public announcement of announce the execution of this Agreement in substantially in the form of the press release attached hereto as Exhibit F on or after D, which shall be finalized upon mutual agreement by the Effective Date. (b) Parties before release. After issuance of such joint initial press release, if either Party desires to make a public announcement disclosure concerning the material terms of this AgreementAgreement or the engagement hereunder, such Party shall give reasonable prior advance notice of the proposed text of such announcement public disclosure to the other Party for its prior review and written approval (except as otherwise provided herein), such which approval shall not to be unreasonably withheld, except that in the case of a press release conditioned, or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefordelayed. A Party commenting on such a proposed press release disclosure shall provide its comments, if any, within five fifteen (515) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release proposed disclosure for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement (or such shorter period of each milestone under this Agreement time as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentencenecessitated by regulatory requirements). In relation to BMS’ the other Party’s review of a public disclosure, such an announcement, BMS other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either Either or both Parties or their Affiliates may be obligated to file under Applicable Law applicable laws a copy of this Agreement with Governmental Authorities, including the SEC or other Government AuthoritiesU.S. Securities and Exchange Commission. Each Party shall be entitled to and its Affiliates may make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partyavailable. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party or its Affiliate intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s timely comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Partner acknowledges that PolyPid is a public company whose shares are publicly traded on the NASDAQ (ticker symbol PYPD). Accordingly PolyPid’s Confidential Information may be considered as “inside information” pursuant to US securities laws and regulations and Partner undertakes not to use any Confidential Information in violation of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investorapplicable securities laws.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date12.3 and Section 12.2(d). (b) After issuance of such joint press release, if If either Party desires to make a public announcement disclosure concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement disclosure to the other Party reasonably in advance (but in any case no less than [***] prior to the disclosure) for its prior review and approval (except as otherwise provided herein), such which approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval thereforunreasonably withheld or delayed. A Party commenting on such a proposed press release disclosure shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) [***] after receiving the press release proposed disclosure for review and the other (or such shorter period of time as necessitated by regulatory requirements). In addition, where required by applicable Law, including regulations promulgated by applicable security exchanges, either Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing or other public disclosure regarding the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals Approval in the Kaken Territory as they occur, subject only or the occurrence of other events that affect either Party’s rights or obligations under this Agreement, including the results of any Clinical Trial of Licensed Products, whether in the Kaken Territory or the Spruce Territory; provided that such Party shall provide the proposed text of such disclosure to the review procedure set forth other Party at least [***] in advance, and the preceding sentenceother Party shall provide its comments thereto within such [***] (or such shorter period as necessary to comply with SEC reporting obligations). In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties or their Affiliates may be obligated to file under Applicable Law applicable Laws a copy of this Agreement with Governmental Authorities, including, without limitation, the SEC or other Government AuthoritiesU.S. Securities and Exchange Commission (the “SEC”). Each Party and its Affiliates shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the commercial, financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partyavailable. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party or its Affiliate intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s timely comments thereon to the extent consistent with the legal requirements, with respect to the filing PartyParty or Affiliate, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press release, if If either Party desires to make a public announcement disclosure concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement disclosure to the other Party for its prior review and approval (except as otherwise provided herein), such which approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval thereforunreasonably withheld or delayed. A Party commenting on such a proposed press release disclosure shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release proposed disclosure for review and the other (or such shorter period of time as necessitated by regulatory requirements). In addition, where required by Applicable Law, including regulations promulgated by applicable security exchanges, either Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing or other public disclosure regarding the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals Approval in the Apollomics Territory as they occur, or the occurrence of other events that affect either Party’s rights or obligations under this Agreement, in each case subject only to the review procedure set forth in the preceding sentencesentences. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties or their Affiliates may be obligated to file under Applicable Law Laws a copy of this Agreement with Governmental Authorities, including the SEC or other Government AuthoritiesU.S. Securities and Exchange Commission (the “SEC”). Each Party and its Affiliates shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partyavailable. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party or its Affiliate intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing PartyParty or Affiliate, governing disclosure of material agreements and material information that must be publicly filed. The non-filing Party agrees to promptly (and in any event, and no less less than seven (7) days after receipt of such proposed redactions) provide its comments on such proposed redactions. The Party seeking such disclosure shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required exercise Commercially Reasonable Efforts to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance obtain confidential treatment of the description of or reference to this Agreement contained in from the proposed filing has been included in any previous filing made SEC as represented by either Party hereunder or otherwise approved the redacted version reviewed by the other Party. (d) Each Party shall require each may disclose the existence and terms of its Affiliates this Agreement to bona fide potential or actual investors, advisors, lenders, and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if research collaborators, provided each such Affiliate and each such investor were a Party to entity is bound by confidentiality obligations no less stringent than this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investorArticle 12.

Publicity; Terms of Agreement. (a) The Following the Effective Date, the Parties agree that shall at a mutually agreeable time issue a mutually agreeable joint press release regarding the material terms subject matter of this Agreement are the Confidential Information of both PartiesAgreement, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached hereto as Exhibit F on or after the Effective Date. (b) H. After issuance of such initial joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such neither Party shall give reasonable prior advance notice of the proposed text of such announcement to the issue any other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information announcement regarding the terms of this Agreement that have previously been publicly disclosed by such Party, execution or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, which approval shall not be unreasonably withheld, conditioned or delayed, except as that a Party may (i) issue such a press release or public announcement regarding the execution or terms of this Agreement if the contents of such press release or public announcement have previously been made public other than through a breach of this Agreement by the issuing Party; and (ii) issue such a press release or public announcement regarding the execution or terms of this Agreement if required by applicable regulation or law, including by the rules or regulations of the FDA, United States Securities and Exchange Commission or similar Regulatory Authority in a country other than the United States or of any stock exchange or listing entity; provided that with respect to press releases and public announcements made pursuant to the extent otherwise expressly permitted under foregoing clause (ii), the Party subject to the requirement includes in such press release or public announcement only such information relating to Compound, Product or this AgreementAgreement as is required by such applicable regulation or law, and shall comply with the last three (3) sentences of Section 9.1. (cb) The Parties acknowledge that either or both Parties may be obligated In addition, if at any time a Party is legally required to file under Applicable Law a copy of this Agreement with the SEC Securities and Exchange Commission (or its counterpart in any country other Government Authorities. Each than the U.S.), such Party shall be entitled attempt to make such a required filing, provided that it requests obtain confidential treatment of at least the financial terms economic and sensitive technical terms hereof and thereof to the extent trade secret information for which such confidential treatment is reasonably available to such Partyin accordance with applicable laws and regulations and SEC (or its counterpart's) practice. In To that end, the event filing Party shall, at least fifteen (15) days in advance of any such filing, each Party will provide the other Party with a copy draft set of redactions to the Agreement for which confidential treatment will be sought, and incorporate such other Party's reasonable comments as to additional terms it would like to see redacted, and seek confidential treatment for such additional terms. (c) Either Party may further disclose the terms of this Agreement marked which have been publicly disclosed pursuant to show provisions for which such Party intends to seek confidential treatment not less than five Sections 9.3(a) or (5) Business Days prior to such filing (and any revisions to such portions b). Otherwise, the terms of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice this Agreement shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which treated as Confidential Information of the other both Parties. Such undisclosed terms may be disclosed by a Party is disclosed as permitted hereunder to comply with the covenants its prospective and restrictions actual licensees, Sublicensees, employees, consultants, agents, accountants, lawyers, advisers, bankers, lenders and investors who are bound to obligations of confidentiality and non-use substantially equivalent in scope to those set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investorArticle IX.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 12.3 and this Section 12.312.4. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F N on or promptly after the Effective Date. (b) After issuance release of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement or any activities under this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel)law, the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to samereview. Ambrx FibroGen shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ AstraZeneca’s review of such an announcement, BMS AstraZeneca may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement12.4. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.each

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. 11.4. (b) The Parties have agreed to shall make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F B, which shall be issued on or promptly after the Effective Date. (bc) After issuance release of such joint press release, if either Party or its Affiliate desires to make a public announcement concerning the material terms of this Agreement, or any clinical or regulatory announcements, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release announcement shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) business days after receiving the press release announcement for review review, or such shorter period as may be reasonably required in order for the proposing Party to comply with any applicable deadline for making such announcement (as such deadline is communicated by the proposing Party to the [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the other Securities Exchange Act of 1934, as amended. commenting Party). In addition, where required by applicable Laws, including regulations promulgated by applicable security exchanges, such Party shall give good faith consideration to same. Ambrx or its Affiliate shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals in the Licensed Territory as they occur, or any other material event with respect to this Agreement or the Parties' performance thereof, subject only to the review procedure set forth in the preceding sentence; provided that the review period shall be reduced to two (2) business days (or such shorter period as may be reasonably required in order for the proposing Party to comply with any applicable deadline for making such press release, as such deadline is communicated by the proposing Party to the commenting Party) if the deadline for making such disclosure is five (5) or fewer business days after such achievement or event. In relation to BMS’ the other Party's review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderor material event has occurred. Neither Party nor their Affiliates shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such PartyParty or its Affiliate, or by the other PartyParty or its Affiliate, in accordance with this Section 12.3. For clarity11.4, neither Party shall disclose the financial terms provided such information remains accurate as of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementsuch time. (cd) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law applicable Laws a copy of this Agreement with the SEC U.S. Securities and Exchange Commission ("SEC") or other Government Governmental Authorities. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s 's comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.312.3 or Section 12.2. The Parties have agreed In addition, a Party may disclose such terms to make a joint public announcement the extent reasonably necessary to be disclosed to any bona fide potential or actual investor, acquiror, merger partner or (sub)licensee for the sole purpose of evaluating an actual or potential investment, acquisition, merger or (sub)licensing agreement; provided that in connection with such disclosure, such Party shall inform each disclosee of the execution confidential nature of this Agreement substantially such Confidential Information and ensure that each such disclosee is contractually obligated to treat 38 such Confidential Information as confidential in the form of the press release attached as Exhibit F on or after the Effective Dateaccordance with commercially reasonable industry standards for such disclosures. (b) After issuance The Parties have mutually approved a joint press release attached hereto as Exhibit A with respect to this Agreement, and either Party may make subsequent public disclosures of the contents of such joint press release. Subject to the foregoing, if either neither Party desires to make a shall issue any other public announcement concerning announcement, press release or other public disclosure regarding the material terms of this AgreementAgreement without the other Party’s prior written consent, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval consent not to be unreasonably withheld, delayed or conditioned, except for any such announcement, release or disclosure that is, in the case opinion of counsel of the Party proposing to issue such announcement, release or disclosure, required by applicable Laws or the rules of a stock exchange on which the securities of the Party proposing to issue such announcement, release or disclosure are listed (or to which an application for listing has been submitted). If a Party is, in the opinion of its counsel, required by applicable Laws or the rules of a stock exchange on which its securities are listed (or to which an application for listing has been submitted) to make such a public disclosure, such Party shall, to the extent legally feasible, submit the proposed disclosure in writing to the other Party as far in advance as reasonably practicable under the circumstances, and shall in good faith consider any comments received from the other Party. Under such circumstances, the releasing Party shall not be obligated to delay making any such press release or governmental filing public communication beyond the time when the same is required by Applicable Law (where reasonably advised to be made in order to facilitate comment by the disclosing other Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement or any amendment hereto that have previously has already been publicly disclosed by such Party, Party or by the other Party, in accordance with this Section 12.312.4(b); provided that such information remains accurate as of such time and provided the frequency and form of such disclosure are reasonable. Notwithstanding anything to the contrary in this Article 12, either Party may issue press releases or make public disclosures regarding (i) the commencement, progress, status, completion and key results of each clinical trial for any Licensed Product or (ii) regulatory updates and receipt of Regulatory Approvals for Licensed Product. In addition, either Party may disclose any payments paid to or received by either Party in respect of the achievement of any milestone events in the event, in the opinion of counsel of the Party issuing such disclosure, such disclosure is required by applicable Laws or the rules of a stock exchange on which the securities of the Party issuing such disclosure are listed (or to which an application for listing has been submitted). For clarity, neither the Party making any disclosure hereunder shall disclose have the financial terms final say over the contents of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementsuch disclosure. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law applicable Laws a copy of this Agreement with the SEC U.S. Securities and Exchange Commission or other Government Governmental Authorities. Each Party shall be entitled to make such a required filing, ; provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s reasonable comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.39

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.311.4. Confidential Materials Omitted and Filed Separately with the Securities and Exchange Commission Pursuant to a Request for Confidential Treatment under Rule 24b-2 under the Exchange Act of 1934, as amended. Confidential Portions are marked: [***] (b) The Parties have agreed to shall make a joint public announcement of the execution of this Agreement substantially in the a form of the acceptable to both Parties, which press release attached as Exhibit F will be issued on or promptly after the Effective Date. (bc) After issuance release of such joint press release, if either Party Licensee or its Affiliate desires to make a public announcement concerning the material terms of this AgreementAgreement or any scientific, such Party clinical or regulatory announcements, Licensee or its Affiliate shall give reasonable prior advance notice of the proposed text of such announcement to the other Party Licensor for its prior review and approval (except as otherwise provided hereinprovided), such approval not to be unreasonably withheld, except that in the case of a press release conditioned or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefordelayed. A Party commenting on such a proposed press release Licensor shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release announcement for review and the other Party shall give good faith consideration review, or such shorter period as may be reasonably required in order for Licensee or its Affiliate to samecomply with any applicable deadline for making such announcement (as such deadline is communicated by Licensee or its Affiliate to Licensor). Ambrx shall have the right to In addition, where required by Laws, including regulations promulgated by applicable security exchanges, Licensee or its Affiliate may make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals in the Licensed Territory as they occur, or any other material event with respect to this Agreement or Licensee’s performance thereof, subject only to the review procedure set forth in the preceding sentence; provided that the review period will be reduced to two (2) Business Days (or such shorter period as may be reasonably required in order for Licensee or its Affiliate to comply with any applicable deadline for making such press release, as such deadline is communicated by Licensee or its Affiliate to Licensor) if the deadline for making such disclosure is five (5) or fewer Business Days after such achievement or event. In relation to BMS’ Licensor’s review of such an announcement, BMS Licensor may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold withhold, condition, or delay its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderor material event has occurred. Neither Party shall be Licensee nor its Affiliate is required to seek the permission of the other Party Licensor to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, Licensee or by the other Party, its Affiliate in accordance with this Section 12.3. For clarity11.4, neither Party shall disclose the financial terms if such information remains accurate as of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementsuch time. (cd) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law Laws a copy of this Agreement with the SEC U. S. Securities and Exchange Commission (“SEC”), the Hong Kong Securities and Exchange Commission or other Government Governmental Authorities. Each Party shall be entitled to make such a required filing, provided that it requests filing and shall request confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will shall provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, . Confidential Materials Omitted and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply Filed Separately with the covenants Securities and restrictions set forth in Sections 12.1 through Section 12.3 Exchange Commission Pursuant to a Request for Confidential Treatment under Rule 24b-2 under the Exchange Act of 1934, as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.amended. Confidential Portions are marked: [***]

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press release, if If either Party desires to make a public announcement disclosure concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement disclosure to the other Party for its prior review and approval (approval, except as otherwise provided herein), such which approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval thereforunreasonably withheld or delayed. A Party commenting on such a proposed press release disclosure shall provide its comments, if any, within five (5) [*****] Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release proposed disclosure for review and the other review, or such shorter period of time as necessitated by regulatory requirements. In addition, where required by applicable Law, including regulations promulgated by applicable security exchanges, either Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing or other public disclosure regarding the achievement of each approval or sales milestone under this Agreement as it is achieved, and or the achievements occurrence of Regulatory Approvals as they occurother events that affect either Party’s rights or obligations under this Agreement, in each case subject only to the review procedure set forth in the preceding sentencesentences. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties Parties, or their Affiliates, respectively, may be obligated to file under Applicable Law applicable Laws, including regulations promulgated by applicable security exchanges, a copy of this Agreement with the SEC or other Government Governmental Authorities. Each Party and its Affiliates shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partyavailable. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party or its Affiliate intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s timely comments thereon to the extent consistent with the legal requirements, with respect to the filing PartyParty or Affiliate, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press release, if If either Party desires to make a public announcement disclosure concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement disclosure to the other Party reasonably in advance (but in any case no less than [***] prior to the disclosure) for its prior review and approval (except as otherwise provided herein), such which approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval thereforunreasonably withheld or delayed. A Party commenting on such a proposed press release disclosure shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release proposed disclosure for review and the other (or such shorter period of time as necessitated by regulatory requirements). In addition, where required by applicable Law, including regulations promulgated by applicable security exchanges, either Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing or other public disclosure regarding the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals Approval in the 3D Medicines Territory as they occur, subject only or the occurrence of other events that affect either Party’s rights or obligations under this Agreement, including the results of any Clinical Trial of Licensed Products, whether in the 3D Medicines Territory or the Aravive Territory; provided that such Party shall provide the proposed text of such disclosure to the review procedure set forth other Party at least [***] in advance, and the preceding sentenceother Party shall provide its comments thereto within such [***]. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties or their Affiliates may be obligated to file under Applicable Law applicable Laws a copy of this Agreement with Governmental Authorities, including, without limitation, the SEC or other Government AuthoritiesU.S. Securities and Exchange Commission (the “SEC”). Each Party and its Affiliates shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partyavailable. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement marked to show provisions for which such Party or its Affiliate intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s timely comments thereon to the extent consistent with the legal requirements, with respect to the filing PartyParty or Affiliate, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are included within the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the a press release attached as Exhibit F to be mutually agreed by the Parties on or after the Effective Date. (b) After issuance release of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) business days after receiving the press release for review and the other Party shall give good faith consideration to samereview. Ambrx AMAG shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals in the Licensed Territory as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ 3SBio’s review of such an announcement, BMS 3SBio may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties they each may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government AuthoritiesU.S. Securities and Exchange Commission (the “SEC”). Each Party shall be entitled to make such a required filing; provided, provided that it requests confidential treatment of at least the financial certain commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partyavailable. In the event of any such filing, each Party the Parties will provide the other Party with a copy of this Agreement marked to show provisions coordinate their requests for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (of certain commercial terms and any revisions to such portions sensitive terms of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon Agreement to the extent consistent with the legal requirements, with respect to the filing Party, requirements governing disclosure redaction of information from material agreements and material information that must be publicly filedfiled and the Parties have agreed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance as of the description Effective Date, on the redacted form of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall the Supply Agreement to be fully responsible for any breach submitted to the SEC. The Parties recognize that U.S. laws and SEC policies and regulations to which AMAG and 3SBio are and may become subject may require them to publicly disclose certain terms of this Agreement that one Party may prefer not be disclosed, and that each Party is nonetheless entitled hereunder to make such covenants and restrictions by any such Affiliate or investorrequired disclosures.

Publicity; Terms of Agreement. (a) The Parties agree that shall treat the existence and material terms of this Agreement are as confidential and shall not disclose such information to Third Parties without the prior written consent of the other Party or except as provided in Section 10.2 (treating such information as Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Parties for purposes of Section 12.2 and this Section 12.310.2). The Parties have agreed to make a joint public announcement of the agree that upon execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint shortly thereafter, either Party may issue a press release, if either Party desires which shall be subject to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3not to be unreasonably withheld or delayed. For clarityExcept for such press release or as otherwise required by Applicable Law or applicable stock exchange requirements, neither Party Lipocine nor GSL shall disclose issue or cause the financial terms publication of any other press release or public announcement with respect to the transactions contemplated by this Agreement without the express prior written approval of the other Party, except which approval shall not be unreasonably withheld, conditioned or delayed; provided that, each of Lipocine and GSL may make any public statement in response to questions by the press, analysts, investors or those attending industry conferences or financial analyst calls, or issue press releases, so long as any such public statement or press release is not inconsistent with prior public disclosures or public statements approved by the other Party pursuant to this Section 10.3 and which do not reveal non-public information about the other Party. If, in the reasonable opinion of a Party’s legal counsel, a public announcement of the transactions contemplated by the Agreement is required by applicable laws or applicable stock exchange requirements, then, to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government Authorities. Each Party shall be entitled to make permissible by law, such a required filing, provided that it requests confidential treatment of at least the financial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Party. In the event of any such filing, each Party will provide the other with notice reasonable under the circumstances (but in no event less than prior to disclosure) of such intended announcement and will consult with the other Party with a copy of this Agreement marked respect to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (the nature and any revisions to such portions scope of the proposed filing a reasonable time prior required announcement (which shall be limited to the filing thereofinformation reasonably required to be disclosed), and shall reasonably consider the other Party’s comments thereon . In addition to the extent consistent with the legal requirementsforegoing, with respect to complying with the disclosure requirements of the Securities and Exchange Commission or other stock exchange or regulatory agencies, in connection with any required filing Partyof this Agreement with such agency, governing the Parties shall consult with one another concerning which terms of this Agreement shall be requested to be redacted in any public disclosure of material agreements the Agreement by the agency, Licensed Products and material information that must be publicly filedField of Use, the exhibits, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions dollar amounts set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investorherein.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are included within the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F K on or after the Effective Date. (b) After issuance release of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) business days after receiving the press release for review and the other Party shall give good faith consideration to samereview. Ambrx Affymax shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals in the Licensed Territory as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ Collaborator’s review of such an announcement, BMS Collaborator may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity[ * ] = Certain confidential information contained in this document, neither Party shall disclose marked by brackets, has been omitted and filed separately with the financial terms of this Agreement without the prior written approval Securities and Exchange Commission pursuant to Rule 406 of the other PartySecurities Act of 1933, except as and to the extent otherwise expressly permitted under this Agreementamended. (c) The Parties acknowledge that either or both Parties Affymax may be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government AuthoritiesU.S. Securities and Exchange Commission (the “SEC”). Each Party Affymax shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial certain commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such PartyAffymax. In the event of any such filing, each Party will Affymax shall provide the other Party Collaborator with a copy of this the Agreement marked to show provisions for which such Party Affymax intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Partyand incorporate Collaborator’s comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, requirements governing disclosure redaction of information from material agreements and material information that must be publicly filed. Collaborator shall promptly provide any such comments. Collaborator recognizes that U.S. laws and SEC policies and regulations to which Affymax is and may become subject may require Affymax to publicly disclose certain terms of this Agreement that Collaborator may prefer not be disclosed, and shall only disclose Confidential Information which it is advised by counsel or that Affymax is, after completing the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted above mentioned procedures, entitled hereunder to comply with make such required disclosures to the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investorextent legally required.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 ‎11.2 and this Section 12.3. ‎11.3. (b) The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F D on or after the Effective Date. (b) . After issuance release of such joint press releaserelease announcing this Agreement, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein)approval, such approval not to be unreasonably withheld, except that in the case of a press release conditioned or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefordelayed. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) *** after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderreview. Neither Party shall be required to seek the permission of the other Party to repeat disclose any information regarding already disclosed or otherwise in the terms of this Agreement that have previously been publicly disclosed by public domain, provided such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreementinformation remains accurate. (c) The Parties acknowledge that either Either Party or both Parties any of its Affiliates (the “Filing Party”) may be obligated to file under Applicable Law a copy publicly disclose without violation of this Agreement, such terms of this Agreement with as are, on the advice of such Filing Party’s counsel, required by the rules and regulations of the SEC or any other Government Authorities. Each applicable entity having regulatory authority over such Filing Party’s securities; provided that such Filing Party shall be entitled to make advise the other Party of such a required filing, provided that it requests intended disclosure and request confidential treatment of at least the financial certain commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Filing Party. In the event of any such filing, each such Filing Party will provide the such other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing Party, a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s comments thereon to the extent consistent with the legal requirementsfiling, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance a copy of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.Agreement

Publicity; Terms of Agreement. (a) The Parties agree that the existence of and the material terms of this License Agreement are the shall be considered Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in this Section 9.4 (in lieu of the authorized disclosure provisions set forth in Section 12.2 9.2, to the extent of any conflict) and this Section 12.3without limiting the generality of the definition of Confidential Information. The Parties have agreed to make will mutually agree upon the text of a joint public announcement of press release announcing the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective Date. (b) After issuance of such joint press releaseLicense Agreement. Thereafter, if either Party desires to make a public announcement concerning this License Agreement or the material terms of hereof that differs from this Agreementmutually agreed upon text, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein)approval, such approval not to be unreasonably withheld, except that in the case of a press release withheld or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing delayed. A Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunder. Neither Party shall be required to seek the permission of from the other Party to repeat any information regarding as to the terms of this License Agreement that have previously already been publicly disclosed by such Party, in accordance with the foregoing, or by the other Party, in accordance with this Section 12.3. For clarity, neither Either Party shall may disclose the financial terms of this License Agreement without the prior written approval to potential investors who agree to be bound by obligations of the other Party, except non-disclosure and non-use at least as and to the extent otherwise expressly permitted under stringent as those contained in this Agreement. (c) Article 9. The Parties acknowledge that either or both Parties Amgen and/or Nuvelo may be obligated to file under Applicable Law a copy of this License Agreement with the SEC U.S. Securities and Exchange Commission (the “SEC”) with its next quarterly report on Form 10-Q, annual report on Form 10-K or other Government Authorities. Each current report on Form 8-K or with any registration statement filed with the U.S. Securities and Exchange Commission pursuant to the Securities Act of 1933, as amended, and each such Party shall be entitled to make such a required filing; provided however, provided that it requests confidential treatment of at least the financial terms and more sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partythe filing Party under the circumstances then prevailing. In the event of any such filing, each the filing Party will provide the other non-filing Party with a an advance copy of this the License Agreement marked to show provisions for which such the filing Party intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other non-filing Party’s timely comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Partythereon. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement are included within the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth below in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F A on or after the Effective Date. (b) After issuance release of such joint press release, if either Party desires to make a public announcement concerning the material terms of this Agreement, such Party shall give reasonable prior advance notice of the proposed text of such announcement to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release shall provide its comments, if any, within five (5* ( * ) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release for review and the other Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals as they occur, subject only to the review procedure set forth in the preceding sentence. In relation to BMS’ review of such an announcement, BMS may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderreview. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement that have previously has already been publicly disclosed or previously agreed to by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this Agreement. (c) The Parties acknowledge that either or both Parties may TGTX will be obligated to file under Applicable Law a copy of this Agreement with the SEC or other Government AuthoritiesU.S. Securities and Exchange Commission (the “SEC”). Each Party TGTX shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial certain commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such PartyTGTX. In the event of any such filing, each Party will TGTX shall provide the other Party NOVIMMUNE with a copy of this the Agreement marked to show provisions for which such Party TGTX intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider the other Party’s and incorporate NOVIMMUNE’S comments thereon to the extent consistent with the legal requirements, with respect to the filing Party, requirements governing disclosure redaction of information from material agreements and material information that must be publicly filed. NOVIMMUNE shall promptly provide any such comments. NOVIMMUNE recognizes that U.S. Laws and SEC policies and regulations to which TGTX is and may become subject may require TGTX to publicly disclose certain terms of this Agreement that NOVIMMUNE may prefer not be disclosed, and shall only disclose Confidential Information which it is advised by counsel or that TGTX is, after completing the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted above mentioned procedures, entitled hereunder to comply with make such required disclosures to the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investorextent legally required.

Publicity; Terms of Agreement. (a) The Parties agree that the material terms of this Agreement and the Exclusive Trademark License are the Confidential Information of both Parties, subject to the special authorized disclosure provisions set forth in Section 12.2 and this Section 12.3. The Parties have agreed to make a joint public announcement of the execution of this Agreement substantially in the form of the press release attached as Exhibit F on or after the Effective DateArticle 12.4. (b) After issuance of such joint press release, if If either Party desires to make a public announcement disclosure concerning the material terms of this AgreementAgreement or the Exclusive Trademark License, such Party shall give reasonable prior advance notice of at least five (5) Business Day of the proposed text of such announcement disclosure to the other Party for its prior review and approval (except as otherwise provided herein), such approval not to be unreasonably withheld, except that in the case of a press release or governmental filing required by Applicable Law (where reasonably advised by the disclosing Party’s counsel), the disclosing Party shall provide the other Party with such advance notice as it reasonably can and shall not be required to obtain approval therefor. A Party commenting on such a proposed press release disclosure shall provide its comments, if any, within five (5) Business Days (or within three (3) Business Days in the event that Ambrx (or its Affiliate) is a public reporting company) after receiving the press release proposed disclosure for review and the other review. In addition, where required by Applicable Laws, including regulations promulgated by applicable security exchanges, such Party shall give good faith consideration to same. Ambrx shall have the right to make a press release announcing or other public disclosure regarding the achievement of each milestone under this Agreement as it is achieved, and the achievements of Regulatory Approvals Approval, including product pricing and reimbursement, in the Field in the Territory as they occur, or the occurrence of other events that affect either Party’s rights or obligations under this Agreement or the Exclusive Trademark License, in each case subject only to the review procedure set forth in the preceding sentencesentences. In relation to BMS’ the other Party’s review of such an announcement, BMS such other Party may make specific, reasonable comments on such proposed press release within the prescribed time for commentary, but such other Party’s approval shall not withhold its consent to disclosure of the information that the relevant milestone or Regulatory Approval has been achieved and triggered a payment hereunderbe required. Neither Party shall be required to seek the permission of the other Party to repeat any information regarding the terms of this Agreement or the Exclusive Trademark License that have previously has already been publicly disclosed by such Party, or by the other Party, in accordance with this Section 12.3. For clarity, neither Party shall disclose the financial terms of this Agreement without the prior written approval of the other Party, except as and to the extent otherwise expressly permitted under this AgreementArticle 12.4. (c) The Parties acknowledge that either or both Parties or their Affiliates may be obligated to file under Applicable Law Laws a copy of this Agreement and/or the Exclusive Trademark License with the SEC applicable stock exchange or other Government Governmental Authorities. Each Party and its Affiliates shall be entitled to make such a required filing, provided that it requests confidential treatment of at least the financial commercial terms and sensitive technical terms hereof and thereof to the extent such confidential treatment is reasonably available to such Partyavailable. In the event of any such filing, each Party will provide the other Party with a copy of this Agreement and, if applicable, the Exclusive Trademark License marked to show provisions for which such Party or its Affiliate intends to seek confidential treatment not less than five (5) Business Days prior to such filing (and any revisions to such portions of the proposed filing a reasonable time prior to the filing thereof), and shall reasonably consider and incorporate the other Party’s timely comments thereon to the extent consistent with the legal requirements, with respect to the filing PartyParty or Affiliate, governing disclosure of material agreements and material information that must be publicly filed, and shall only disclose Confidential Information which it is advised by counsel or the applicable Governmental Authority is legally required to be disclosed. No such notice shall be required under this Section 12.3(c) if the substance of the description of or reference to this Agreement contained in the proposed filing has been included in any previous filing made by either Party hereunder or otherwise approved by the other Party. (d) Each Party shall require each of its Affiliates and private investors to which Confidential Information of the other Party is disclosed as permitted hereunder to comply with the covenants and restrictions set forth in Sections 12.1 through Section 12.3 as if each such Affiliate and each such investor were a Party to this Agreement and shall be fully responsible for any breach of such covenants and restrictions by any such Affiliate or investor.