Common use of Publicity/Use of Names Clause in Contracts

Publicity/Use of Names. No disclosure of the existence, or the terms, of this Agreement may be made by either Party, and no Party shall use the name, trademark, trade name or logo of the other Party, its Affiliates or their respective employee(s) in any publicity, promotion, news release or disclosure relating to this Agreement or its subject matter, without the prior express written permission of the other Party, except (a) as may be required by law including securities laws in connection with any registration of Company securities (provided, that, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for the terms of the Agreement to the extent permitted by applicable laws and regulations as determined by such Party), (b) in confidence to its legal and financial advisors to the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loan; provided, that, in each case, such disclosees are bound by written obligations of confidentiality consistent with the confidentiality obligations of this Agreement, and the disclosing Party shall be responsible for any breach by any such disclosee of the confidentiality obligations of this Agreement. Notwithstanding the foregoing, (i) to the extent Company is required by law in connection with the registration of any of its securities to make a disclosure, Company shall provide MSD with reasonable opportunity to review and comment on any such disclosure and shall consider such comments in good faith, in each case, prior to any such disclosure in connection with such registration and (ii) on or about the Effective Date, Company will issue a press release in the form attached hereto as Schedule 4.4 to announce the execution of this Agreement. *** Certain information, as identified by [***], has been excluded from this agreement because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed.

Publicity/Use of Names. No disclosure (a) Each of the existence, or Parties agrees not to disclose to any Third Party the terms, terms and conditions of this Agreement may be made by either Party, and no Party shall use the name, trademark, trade name or logo of the other Party, its Affiliates or their respective employee(s) in any publicity, promotion, news release or disclosure relating to this Agreement or its subject matter, without the prior express written permission approval of the other Party, except to advisors (a) as may be required by law including securities laws in connection with any registration of Company securities (providedconsultants, thatfinancial advisors, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for the terms of the Agreement to the extent permitted by applicable laws attorneys and regulations as determined by such Partyaccountants), (b) in confidence to its legal potential and financial advisors to the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential existing investors, acquirers or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loan; provided, thatsublicensees, in each case, such disclosees are bound by written case on a need-to-know basis and under obligations of confidentiality consistent with industry standards, provided that, with respect to disclosures to potential and existing investors, acquirers or sublicensees, the confidentiality obligations Parties mutually agree upon a redacted version of this Agreement, and Agreement for purposes of such disclosure to protect the disclosing Party shall be responsible for any breach by any such disclosee Confidential Information of each Party. (b) The Parties have agreed upon the confidentiality obligations initial press release to announce the execution of this Agreement. Notwithstanding the foregoing, (i) to the extent Company is required by law in connection with the registration of any of its securities to make a disclosure, Company shall provide MSD with reasonable opportunity to review and comment on any such disclosure and shall consider such comments in good faith, in each case, prior to any such disclosure in connection with such registration and (ii) on or about the Effective Date, Company will issue a press release Agreement in the form attached hereto as Schedule 4.4 Exhibit 10.3; thereafter, Entasis and Zai may each disclose to announce Third Parties the execution information contained in such press release(s) without the need for further approval by the other. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Laws a copy of this Agreement with the U.S. Securities and Exchange Commission or other Governmental Authorities. Each Party may make such a required filing, provided that it requests confidential treatment of the 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 shall provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment 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. (d) The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant developments regarding Licensed Products for use in the Field in the Territory and other activities in connection with this Agreement, beyond what may be strictly required by Applicable Laws and the rules of a recognized stock exchange, and Entasis may make such disclosures from time to time with respect to Licensed Products with the approval of Zai, which approval shall not be unreasonably withheld, conditioned or delayed. *** Certain informationSuch disclosures may include achievement of significant events in the Development (including regulatory process) or Commercialization of Licensed Products for use in the Field in the Territory. Unless otherwise requested by the applicable Party, each Party shall indicate that Entasis is the licensor of Licensed Products, Licensed Patents, and Licensed Know-How, as identified applicable, in each public disclosure issued by [***], has been excluded from this agreement because it is both (i) not material and (ii) would be competitively harmful if publicly disclosedsuch Party regarding Licensed Products.

Publicity/Use of Names. No disclosure (a) Subject to permitted disclosures under Section 10.1(b) or under Section 10.2(c), each of the existence, or Parties agrees not to disclose to any Third Party the terms, terms and conditions of this Agreement may be made by either Party, and no Party shall use the name, trademark, trade name or logo of the other Party, its Affiliates or their respective employee(s) in any publicity, promotion, news release or disclosure relating to this Agreement or its subject matter, without the prior express written permission approval of the other Party, except to (ai) as may be required by law advisors (including securities laws in connection with any registration of Company securities (providedconsultants, thatfinancial advisors, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for the terms of the Agreement to the extent permitted by applicable laws attorneys and regulations as determined by such Partyaccountants), (bii) in confidence to its legal and financial advisors to the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential and existing investors, acquirers, merger partners or actual other financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner commercial partners on a need to know basis for the sole purpose of evaluating an actual or potential investment, acquisition, merger acquisition or loan; provided, thatother business relationship, in each casecase under circumstances that reasonably protect the confidentiality thereof, such disclosees are bound by written obligations of confidentiality consistent (iii) to the extent necessary to comply with the confidentiality obligations terms of this Agreementagreements with Third Parties, or (iv) to the extent required by Applicable Laws, including securities laws and the disclosing Party shall be responsible for any breach by any such disclosee of the confidentiality obligations of this Agreementregulations. Notwithstanding the foregoing, (ithe Parties agree upon the initial press release(s) to the extent Company is required by law in connection with the registration of any of its securities to make a disclosure, Company shall provide MSD with reasonable opportunity to review and comment on any such disclosure and shall consider such comments in good faith, in each case, prior to any such disclosure in connection with such registration and (ii) on or about the Effective Date, Company will issue a press release in the form attached hereto as Schedule 4.4 to announce the execution of this Agreement as contained in Schedule 10.3(a); thereafter, Xxxxxxxx and Zai may each disclose to Third Parties the information contained in such press release(s) or in any other press releases or disclosures made in accordance with this Section 10.3, without the need for further approval by the other. (b) The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant developments regarding a Product for use in the Field in the Territory and other activities in connection with this Agreement, beyond what may be strictly required by Applicable Laws and the rules of a recognized stock exchange, and each Party may make such disclosures from time to time with respect to a Product in each case with the prior written approval of the other Party, which approval shall not be unreasonably withheld, conditioned or delayed. *** Certain informationSuch disclosures may include achievement of significant events in the Development (including regulatory process) or Commercialization of a Product for use in the Field in the Territory. Unless otherwise requested by the applicable Party, as identified Zai shall indicate that Xxxxxxxx is the licensor of a Product and Licensed Technology in each public disclosure issued by [***]Zai regarding a Product. When Zai elects to make any public disclosure under this Section 10.3(b) or Xxxxxxxx elects to make any public disclosure regarding results and significant developments regarding a Product for use in the Field in the Territory under this Section 10.3(b), has been excluded from this agreement because the disclosing Party shall give the other Party reasonable notice to review and comment on such statement, it is both being understood that (i) if the other Party does not material notify such Party in writing within thirty (30) days or such shorter period if required by Applicable Laws of any reasonable objections, as contemplated in this Section 10.3(b), such disclosure shall be deemed approved, and (ii) if the other Party does notify such Party in writing within the time period set forth in clause (i) above, and reasonably determines that such public disclosure would entail the public disclosure of the other Party’s Confidential Information or of patentable Inventions upon which patent applications should be competitively harmful if filed prior to such public disclosure, such public disclosure shall be delayed for such period as may be reasonably necessary for deleting any such Confidential Information of the other Party, or the drafting and filing of a patent application covering such Inventions; provided that such additional period shall not exceed ninety (90) days from the proposed date of the public disclosure, and, in any event, the other Party shall work diligently and reasonably to agree on the text of any proposed disclosure in an expeditious manner. The principles to be observed in such disclosures shall be accuracy, compliance with Applicable Laws and regulatory guidance documents, and reasonable sensitivity to potential negative reactions of applicable Regulatory Authorities. (c) The Parties acknowledge the need to keep investors and others informed regarding such Party’s business under this Agreement, including as required by Applicable Laws or the rules of a recognized stock exchange. To the extent a Party is publicly disclosedlisted or becomes publicly listed, and subject to Section 10.3(b) as applicable, such Party may issue press releases or make disclosures to the SEC or other applicable agency as it determines, based on advice of counsel, as reasonably necessary to comply with laws or regulations or for appropriate market disclosure; provided that each Party shall provide the other Party with advance notice of legally required disclosures to the extent practicable. The Parties shall consult with each other on the provisions of this Agreement to be redacted in any filings made by a Party with the SEC or as otherwise required by Applicable Laws; provided that each Party shall have the right to make any such filing as it reasonably determines necessary under Applicable Laws.

Publicity/Use of Names. No disclosure (a) Each of the existence, or Parties agrees not to disclose to any Third Party the terms, terms and conditions of this Agreement may be made by either Party, and no Party shall use the name, trademark, trade name or logo of the other Party, its Affiliates or their respective employee(s) in any publicity, promotion, news release or disclosure relating to this Agreement or its subject matter, without the prior express written permission approval of the other Party, except to (ai) as may be advisors (including consultants, financial advisors, attorneys and accountants), (ii) bona fide potential and existing investors and acquirers on a need to know basis, in each case under circumstances that reasonably protect the confidentiality thereof, (iii) to the extent necessary to comply with the terms of agreements with Third Parties, or (iv) to the extent required by law Applicable Laws, including securities laws in connection with any registration of Company securities (provided, that, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for the terms of the Agreement to the extent permitted by applicable laws and regulations as determined by such Party), (b) in confidence to its legal and financial advisors to the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loan; provided, that, in each case, such disclosees are bound by written obligations of confidentiality consistent with the confidentiality obligations of this Agreement, and the disclosing Party shall be responsible for any breach by any such disclosee of the confidentiality obligations of this Agreementregulations. Notwithstanding the foregoing, (ithe Parties agree upon the initial press release(s) to the extent Company is required by law in connection with the registration of any of its securities to make a disclosure, Company shall provide MSD with reasonable opportunity to review and comment on any such disclosure and shall consider such comments in good faith, in each case, prior to any such disclosure in connection with such registration and (ii) on or about the Effective Date, Company will issue a press release in the form attached hereto as Schedule 4.4 to announce the execution of this Agreement as contained in Schedule 11.4; thereafter, Deciphera and Zai may each disclose to Third Parties the information contained in such press release(s) without the need for further approval by the other. (b) The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant developments regarding a Licensed Product for use in the Field in the Territory and other activities in connection with this Agreement, beyond what may be strictly required by Applicable Laws and the rules of a recognized stock exchange, and each Party may make such disclosures from time to time with respect to a Licensed Product with the prior written approval of the other Party, which approval shall not be unreasonably withheld, conditioned or delayed. *** Certain informationSuch disclosures may include achievement of significant events in the Development (including regulatory process) or Commercialization of a Licensed Product for use in the Field in the Territory. Unless otherwise requested by the applicable Party, each Party shall indicate that Deciphera is the licensor of a Licensed Product and Deciphera IP, as identified applicable, in each public disclosure issued by such Party regarding a Licensed Product. When a Party elects to make any public disclosure under this Section 11.4(b), it shall give the other Party reasonable notice to review and comment on such statement, it being understood that (i) if the other Party does not notify such Party in writing [***]] or such shorter period if required by Applicable Laws of any reasonable objections, has been excluded from as contemplated in this agreement because it is both (i) not material Section 11.4(b), such disclosure shall be deemed approved, and (ii) if the other Party does notify such Party in writing within the time period set forth in clause (i) above, and reasonably determines that such public disclosure would entail the public disclosure of the other Party’s Confidential Information or of patentable Inventions upon which patent applications should be competitively harmful if filed prior to such public disclosure, such public disclosure shall be delayed for such period as may be reasonably necessary for deleting any such Confidential Information of the other Party, or the drafting and filing of a patent application covering such Inventions, provided such additional period shall not [***] from the proposed date of the public disclosure, and, in any event, the other Party shall work diligently and reasonably to agree on the text of any proposed disclosure in an expeditious manner. The principles to be observed in such disclosures shall be accuracy, compliance with Applicable Laws and regulatory guidance documents, and reasonable sensitivity to potential negative reactions of applicable Regulatory Authorities. (c) The Parties acknowledge the need to keep investors and others informed regarding such Party’s business under this Agreement, including as required by the rules of a recognized stock exchange. To the extent a Party is publicly disclosedlisted or becomes publicly listed, and subject to Sections 11.4(a) and 11.4(b), such Party may issue press releases or make disclosures to the SEC or other applicable agency as it determines, based on advice of counsel, as reasonably necessary to comply with laws or regulations or for appropriate market disclosure; provided that each Party shall provide the other Party with advance notice of legally required disclosures to the extent practicable. The Parties shall consult with each other on the provisions of this Agreement to be redacted in any filings made by a Party with the SEC or as otherwise required by Applicable Laws; provided that each Party shall have the right to make any such filing as it reasonably determines necessary under Applicable Laws.

Publicity/Use of Names. No disclosure (a) Each of the existence, or Parties agrees not to disclose to any Third Party the terms, terms and conditions of this Agreement may be made by either Party, and no Party shall use the name, trademark, trade name or logo of the other Party, its Affiliates or their respective employee(s) in any publicity, promotion, news release or disclosure relating to this Agreement or its subject matter, without the prior express written permission approval of the other Party, except to (ai) as may be advisors (including consultants, financial advisors, attorneys and accountants), (ii) bona fide potential and existing investors and acquirers on a need to know basis, in each case under circumstances that reasonably protect the confidentiality thereof, (iii) to the extent necessary to comply with the terms of agreements with Third Parties, or (iv) to the extent required by law Applicable Laws, including securities laws in connection with any registration of Company securities (provided, that, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for the terms of the Agreement to the extent permitted by applicable laws and regulations as determined by such Party), (b) in confidence to its legal and financial advisors to the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loan; provided, that, in each case, such disclosees are bound by written obligations of confidentiality consistent with the confidentiality obligations of this Agreement, and the disclosing Party shall be responsible for any breach by any such disclosee of the confidentiality obligations of this Agreementregulations. Notwithstanding the foregoing, (ithe Parties must agree upon the initial press release(s) to the extent Company is required by law in connection with the registration of any of its securities to make a disclosure, Company shall provide MSD with reasonable opportunity to review and comment on any such disclosure and shall consider such comments in good faith, in each case, prior to any such disclosure in connection with such registration and (ii) on or about the Effective Date, Company will issue a press release in the form attached hereto as Schedule 4.4 to announce the execution of this Agreement; thereafter, Paratek and Zai may each disclose to Third Parties the information contained in such press release(s) without the need for further approval by the other. (b) The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant developments regarding a Licensed Product for use in the Field in the Territory and other activities in connection with this Agreement, beyond what may be strictly required by Applicable Laws and the rules of a recognized stock exchange, and Zai may make such disclosures from time to time with respect to the Licensed Product with the approval of Paratek, which approval will not be unreasonably withheld, conditioned or delayed. *** Certain informationSuch disclosures may include achievement of significant events in the Development (including regulatory process) or Commercialization of a Licensed Product for use in the Field in the Territory. Unless otherwise requested by the applicable Party, each Party will indicate that Paratek is the licensor of a Licensed Product, Paratek Patents, and Paratek Know-How, as identified applicable, in each public disclosure issued by [***]such Party regarding a Licensed Product. When Zai elects to make any public disclosure under this Section 10.3(b), has been excluded from this agreement because it is both will give Paratek reasonable notice to review and comment on such statement, it being understood that (i) if Paratek does not material notify Zai in writing within [*] days or such shorter period if required by Applicable Laws of any reasonable objections, as contemplated in this Section 10.3(b), such disclosure will be deemed approved, and (ii) if Paratek does notify Zai in writing within the time period set forth in clause (i) above, and reasonably determines that such public disclosure would entail the public disclosure of Paratek’s Confidential Information or of patentable inventions upon which patent applications should be competitively harmful if filed prior to such public disclosure, such public disclosure will be delayed for such period as may be reasonably necessary for deleting any such Confidential Information of Paratek, or the drafting and filing of a patent application covering such inventions, provided such additional period will not exceed [*] days from the proposed date of the public disclosure, and, in any event, Paratek will work diligently and reasonably to agree on the text of any proposed disclosure in an expeditious manner. The principles to be observed in such disclosures will be accuracy, compliance with Applicable Laws and regulatory guidance documents, and reasonable sensitivity to potential negative reactions of applicable Regulatory Authorities. [*] = 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. (c) The Parties acknowledge the need to keep investors and others informed regarding such Party’s business under this Agreement, including as required by the rules of a recognized stock exchange. To the extent a Party is publicly disclosedlisted or becomes publicly listed, and subject to Sections 10.3(a) and 10.3(b), such Party may issue press releases or make disclosures to the SEC or other applicable agency as it determines, based on advice of counsel, as reasonably necessary to comply with laws or regulations or for appropriate market disclosure; provided that each Party shall provide the other Party with advance notice of legally required disclosures to the extent practicable. The Parties will consult with each other on the provisions of this Agreement to be redacted in any filings made by a Party with the SEC or as otherwise required by Applicable Laws; provided that each Party shall have the right to make any such filing as it reasonably determines necessary under Applicable Laws.

Publicity/Use of Names. No disclosure (a) The Parties shall issue a mutually acceptable press release announcing the execution of this Agreement. A Party may issue any subsequent press release relating to this Agreement or activities conducted hereunder upon prior written approval of the existenceother Party, such approval not to be unreasonably withheld or delayed; provided, however, that no approval of the other Party shall be required if a subsequent press release solely discloses the information that: (1) a milestone under this Agreement has been achieved and/or any payments associated therewith have been received; (2) the filing and/or approval of the NDA with the FDA or the termsEMEA generally has occurred (provided, however, that specific dates of filing shall not be disclosed); (3) commercial launch of the Product in any country or any information that has previously been approved and disclosed as permitted by this Agreement Section 9.2. In the case of items (1)-(3) of the preceding sentence, the disclosing Party shall provide the other Party a copy of such proposed disclosures prior to the proposed release and consider in good faith any comments the other Party may be made by either Partymake, where practicable, and no in light of any reporting obligations of such disclosing Party under applicable laws, rules or regulations, including without limitation, applicable securities law. Except as otherwise provided in this Section 9.2(a), neither Party shall use the name, trademark, trade name or logo of the other Party, Party or its Affiliates or their respective employee(s) employees in any publicity, promotion, publicity or news release or disclosure relating to this Agreement or its subject matter, without the prior express written permission of the other Party, except . (ab) as may be required by law including securities laws in connection with any registration of Company securities (provided, that, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for Notwithstanding the terms of this Article 9, either Party shall be permitted to disclose the Agreement to the extent permitted by applicable laws existence and regulations as determined by such Party), (b) in confidence to its legal and financial advisors to the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loan; provided, that, in each case, such disclosees are bound by written obligations of confidentiality consistent with the confidentiality obligations terms of this Agreement, to the extent required, in the reasonable opinion of such Party's legal counsel, to comply with applicable laws, rules or regulations, including without limitation the rules and the disclosing Party shall be responsible for regulations promulgated by securities law regulatory agencies or any breach by any such disclosee of the confidentiality obligations of this Agreementother governmental agency. Notwithstanding the foregoing, (i) to the extent Company is required by law in connection with the registration of before disclosing this Agreement or any of its securities the terms hereof pursuant to make a disclosurethis Section 9.2(b), Company the Parties shall provide MSD consult with reasonable opportunity to review and comment one another on the terms of this Agreement for which confidential treatment will be sought in making any such disclosure disclosure. If a Party wishes to disclose this Agreement or any of the terms hereof in accordance with this Section 9.2(b), such Party agrees, at its own expense, to seek confidential treatment of the portions of this Agreement or such terms as may be reasonably requested by the other Party, provided that the disclosing Party shall always be entitled to comply with legal requirements. (c) Either Party may also disclose the existence and shall consider such comments in good faithterms of this Agreement to its legal counsel, investment bankers, accountants and advisors, and to potential Sublicensees, Third Party contractors, investors, lenders or acquirers, and their legal counsel, investment bankers, accountants and advisors, in each case, prior to any such disclosure in connection with such registration and (ii) on case under an agreement or about the Effective Date, Company will issue a press release in the form attached hereto as Schedule 4.4 case of legal counsel, a professional obligation, to announce keep the execution terms of this Agreement. *** Certain information, as identified by [***], has been excluded from Agreement confidential under terms of confidentiality and non-use substantially similar to the terms contained in this agreement because it is both (i) not material Agreement and (ii) would be competitively harmful if publicly disclosedto use such Confidential Information solely for the purpose permitted pursuant to this Section 9.2(c).

Publicity/Use of Names. No disclosure (a) Subject to permitted disclosures under Section 10.1(b) or under Section 10.2(c), each of the existence, or Parties agrees not to disclose to any Third Party the terms, terms and conditions of this Agreement may be made by either Party, and no Party shall use the name, trademark, trade name or logo of the other Party, its Affiliates or their respective employee(s) in any publicity, promotion, news release or disclosure relating to this Agreement or its subject matter, without the prior express written permission approval of the other Party, except to (ai) as may be required by law advisors (including securities laws in connection with any registration of Company securities (providedconsultants, thatfinancial advisors, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for the terms of the Agreement to the extent permitted by applicable laws attorneys and regulations as determined by such Partyaccountants), (bii) in confidence to its legal and financial advisors to the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential and existing investors, acquirers, merger partners or actual other financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner commercial partners on a need to know basis for the sole purpose of evaluating an actual or potential investment, acquisition, merger acquisition or loan; provided, thatother business relationship, in each casecase under circumstances that reasonably protect the confidentiality thereof, such disclosees are bound by written obligations of confidentiality consistent (iii) to the extent necessary to comply with the confidentiality obligations terms of this Agreementagreements with Third Parties, or (iv) to the extent required by Applicable Laws, including securities laws and the disclosing Party shall be responsible for any breach by any such disclosee of the confidentiality obligations of this Agreementregulations. Notwithstanding the foregoing, (ithe Parties agree upon the initial press release(s) to the extent Company is required by law in connection with the registration of any of its securities to make a disclosure, Company shall provide MSD with reasonable opportunity to review and comment on any such disclosure and shall consider such comments in good faith, in each case, prior to any such disclosure in connection with such registration and (ii) on or about the Effective Date, Company will issue a press release in the form attached hereto as Schedule 4.4 to announce the execution of this Agreement as contained in Schedule 10.2(a); thereafter, TPTX and Zai may each disclose to Third Parties the information contained in such press release(s) or in any other press releases or disclosures made in accordance with this Section 10.2, without the need for further approval by the other. (b) The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant developments regarding a Product for use in the Field in the Territory and other activities in connection with this Agreement, beyond what may be strictly required by Applicable Laws and the rules of a recognized stock exchange, and each Party may make such disclosures from time to time with respect to a Product in the case of TPTX, with prior notice to Zai, and in the case of Zai, with the prior written approval of TPTX, which approval shall not be unreasonably withheld, conditioned or delayed. Such disclosures may include achievement of significant events in the Development (including regulatory process) or Commercialization of a Product for use in the Field in the Territory. Unless otherwise requested by the applicable Party, Zai shall indicate that TPTX is the licensor of a Product and Licensed Technology in each public disclosure issued by Zai regarding a Product. When Zai elects to make any public disclosure under this Section 10.2(b) or TPTX elects to make any public disclosure regarding results and significant developments regarding a Product for use in the Field in the Territory under this Section 10.2(b), the disclosing Party shall give the other Party reasonable notice to review and comment on such statement, and, in the case of proposed disclosures by Zai, (i) if TPTX does not notify Zai in writing within […*** Certain information*…] days or such shorter period if required by Applicable Laws of any reasonable objections, as identified by contemplated in this Section 10.2(b), such disclosure shall be deemed approved, and (ii) if TPTX does notify Zai in writing within the time period set forth in clause (i) above, and reasonably determines that such public disclosure would entail the public disclosure of TPTX’s Confidential Information or of patentable Inventions upon which patent applications should be filed prior to such public disclosure, such public disclosure shall be delayed for such period as may be reasonably necessary for deleting any such Confidential Information of TPTX, or the drafting and filing of a patent application covering such Inventions; provided that such additional period shall not exceed […***…] days from the proposed date of the public disclosure, and, in any event, TPTX shall work diligently and reasonably to agree on the text of any proposed disclosure in an expeditious manner. The principles to be observed in such disclosures shall be accuracy, compliance with Applicable Laws and regulatory guidance documents, and reasonable sensitivity to potential negative reactions of applicable Regulatory Authorities. [***]] = CERTAIN CONFIDENTIAL INFORMATION OMITTED (c) The Parties acknowledge the need to keep investors and others informed regarding such Party’s business under this Agreement, has been excluded from including as required by Applicable Laws or the rules of a recognized stock exchange. To the extent a Party is publicly listed or becomes publicly listed, and subject to Section 10.2(b) as applicable, such Party may issue press releases or make disclosures to the SEC or other applicable agency as it determines, based on advice of counsel, as reasonably necessary to comply with laws or regulations or for appropriate market disclosure; provided that each Party shall provide the other Party with advance notice of legally required disclosures to the extent practicable. The Parties shall consult with each other on the provisions of this agreement because Agreement to be redacted in any filings made by a Party with the SEC or as otherwise required by Applicable Laws; provided that each Party shall have the right to make any such filing as it is both (i) not material and (ii) would be competitively harmful if publicly disclosedreasonably determines necessary under Applicable Laws.

Publicity/Use of Names. No Subject to the remainder of this Section 10.6 (Publicity/Use of Names), no disclosure of the existence, or the terms, of this Agreement may be made by either PartyParty or its Affiliates, and no neither Party shall use the name, corporate trademark, trade name or logo of the other Party, its Affiliates or their respective employee(s) in any publicity, promotion, news release or disclosure relating to this Agreement or its subject matter, without the prior express written permission of the other Party, except (a) as may be required by law including securities laws law. Notwithstanding the above, (a) each Party and its Affiliates may disclose on its website and in connection with any registration its promotional materials that the other Party is a development partner of Company securities (provided, that, the disclosing party shall seek confidential treatment, or a protective order, as applicable, such Party for the terms Products and may use the other Party’s name and logo in conjunction with such disclosure and (b) KHK shall ensure that MEI is appropriately identified as the licensor of the Agreement Product in the Territory as and to the extent permitted by appropriate for the industry. (a) In the event KHK proposes to file with the U.S. Securities and Exchange Commission or the securities regulators of any state or other jurisdiction under the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, or any other applicable laws securities law a registration statement or any other disclosure document which describes or refers to this Agreement, including filing a copy of this Agreement itself, KHK shall notify MEI of such intention and regulations shall provide MEI with a copy of relevant portions of the proposed filing not less than [*CONFIDENTIAL*] prior to such filing (unless exigent circumstances do not permit such review period and then KHK will provide relevant portions of the proposed filing as determined by such Partyreasonably in advance as is possible), and shall use Commercially Reasonable Efforts to obtain confidential treatment of any information concerning MEI that MEI requests be kept confidential, consistent with KHK’s disclosure obligations under applicable securities laws. MEI may, at its discretion, file with the U.S. Securities and Exchange Commission or the securities regulators of any state or other jurisdiction under the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, or any other applicable securities law a registration statement or any other disclosure document which describes or refers to this Agreement, including filing a copy of this Agreement itself. MEI shall provide KHK with a copy of relevant portions of the proposed filing not less than [*CONFIDENTIAL*] prior to such filing (unless exigent circumstances do not permit such review period and then MEI will provide relevant portions of the proposed filing as reasonably in advance as is possible, and shall use Commercially Reasonable Efforts to obtain confidential treatment of any information concerning KHK that KHK reasonably requests be kept confidential, consistent with MEI’s disclosure obligations under applicable securities laws. For clarity, in no event shall MEI be obligated to delay or withhold such a filing in order to comply with the foregoing sentence if such compliance would result in MEI being in violation of any Applicable Law. (b) in confidence The Parties agree to its legal and financial advisors to issue the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loan; provided, that, in each case, such disclosees are bound by written obligations of confidentiality consistent with the confidentiality obligations of this Agreement, and the disclosing Party shall be responsible for any breach by any such disclosee of the confidentiality obligations of this Agreement. Notwithstanding the foregoing, (i) to the extent Company is required by law in connection with the registration of any of its securities to make a disclosure, Company shall provide MSD with reasonable opportunity to review and comment on any such disclosure and shall consider such comments in good faith, in each case, prior to any such disclosure in connection with such registration and (ii) on or about the Effective Date, Company will issue a joint press release in the form attached hereto here as Schedule 4.4 to announce 10.6 contemporaneously with the execution of this Agreement. *** Certain informationIf either Party desires to issue a subsequent press release or make a public announcement concerning the material terms of this Agreement or the Development or Commercialization of the Product under this Agreement, such as identified the achievement of Regulatory Approvals of the Product, such Party shall provide the other Party with the proposed text of such announcement for prior review and, except to the extent such press release or public announcement is permitted by [***]subsection (a) or (b) above, approval by such other Party. (c) The Parties agree that after a public disclosure has been excluded from this agreement because it is both made or a press release or other public announcement has been issued in compliance with subsection (ia), (b) not material or (c) hereof, each Party may make subsequent public disclosures or issue press releases or other public announcements disclosing the same content without having to obtain the other Party’s prior consent and (ii) would be competitively harmful if publicly disclosedapproval.

Publicity/Use of Names. No disclosure (a) Each of the existence, or Parties agrees not to disclose to any Third Party the terms, terms and conditions of this Agreement may be made by either Party, and no Party shall use the name, trademark, trade name or logo of the other Party, its Affiliates or their respective employee(s) in any publicity, promotion, news release or disclosure relating to this Agreement or its subject matter, without the prior express written permission approval of the other Party, except to (ai) as may be advisors (including consultants, financial advisors, attorneys and accountants), (ii) bona fide potential and existing investors and acquirers on a need to know basis, in each case under circumstances that reasonably protect the confidentiality thereof, (iii) to the extent necessary to comply with the terms of agreements with Third Parties, or (iv) to the extent required by law Applicable Laws, including securities laws in connection with any registration of Company securities (provided, that, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for the terms of the Agreement to the extent permitted by applicable laws and regulations as determined by such Party), (b) in confidence to its legal and financial advisors to the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loan; provided, that, in each case, such disclosees are bound by written obligations of confidentiality consistent with the confidentiality obligations of this Agreement, and the disclosing Party shall be responsible for any breach by any such disclosee of the confidentiality obligations of this Agreementregulations. Notwithstanding the foregoing, (ithe Parties must agree upon the initial press release(s) to the extent Company is required by law in connection with the registration of any of its securities to make a disclosure, Company shall provide MSD with reasonable opportunity to review and comment on any such disclosure and shall consider such comments in good faith, in each case, prior to any such disclosure in connection with such registration and (ii) on or about the Effective Date, Company will issue a press release in the form attached hereto as Schedule 4.4 to announce the execution of this Agreement; thereafter, Paratek and Zai may each disclose to Third Parties the information contained in such press release(s) without the need for further approval by the other. (b) The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant developments regarding a Licensed Product for use in the Field in the Territory and other activities in connection with this Agreement, beyond what may be strictly required by Applicable Laws and the rules of a recognized stock exchange, and Zai may make such disclosures from time to time with respect to the Licensed Product with the approval of Paratek, which approval will not be unreasonably withheld, conditioned or delayed. *** Certain information, as identified by Such disclosures may include achievement of significant events in the Development (including [***]] = Certain confidential information contained in this document, marked by brackets, has been excluded from omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. regulatory process) or Commercialization of a Licensed Product for use in the Field in the Territory. Unless otherwise requested by the applicable Party, each Party will indicate that Paratek is the licensor of a Licensed Product, Paratek Patents, and Paratek Know-How, as applicable, in each public disclosure issued by such Party regarding a Licensed Product. When Zai elects to make any public disclosure under this agreement because Section 10.3(b), it is both will give Paratek reasonable notice to review and comment on such statement, it being understood that (i) if Paratek does not material notify Zai in writing within [*] days or such shorter period if required by Applicable Laws of any reasonable objections, as contemplated in this Section 10.3(b), such disclosure will be deemed approved, and (ii) if Paratek does notify Zai in writing within the time period set forth in clause (i) above, and reasonably determines that such public disclosure would entail the public disclosure of Paratek’s Confidential Information or of patentable inventions upon which patent applications should be competitively harmful if filed prior to such public disclosure, such public disclosure will be delayed for such period as may be reasonably necessary for deleting any such Confidential Information of Paratek, or the drafting and filing of a patent application covering such inventions, provided such additional period will not exceed [*] days from the proposed date of the public disclosure, and, in any event, Paratek will work diligently and reasonably to agree on the text of any proposed disclosure in an expeditious manner. The principles to be observed in such disclosures will be accuracy, compliance with Applicable Laws and regulatory guidance documents, and reasonable sensitivity to potential negative reactions of applicable Regulatory Authorities. (c) The Parties acknowledge the need to keep investors and others informed regarding such Party’s business under this Agreement, including as required by the rules of a recognized stock exchange. To the extent a Party is publicly disclosedlisted or becomes publicly listed, and subject to Sections 10.3(a) and 10.3(b), such Party may issue press releases or make disclosures to the SEC or other applicable agency as it determines, based on advice of counsel, as reasonably necessary to comply with laws or regulations or for appropriate market disclosure; provided that each Party shall provide the other Party with advance notice of legally required disclosures to the extent practicable. The Parties will consult with each other on the provisions of this Agreement to be redacted in any filings made by a Party with the SEC or as otherwise required by Applicable Laws; provided that each Party shall have the right to make any such filing as it reasonably determines necessary under Applicable Laws.

Publicity/Use of Names. (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 10.3 and this Section 10.6. The Parties have agreed on a joint press release announcing this Agreement, which is attached hereto as Exhibit D, to be issued by the Parties on such date and time as may be agreed by the Parties. No other disclosure of the existence, existence or the terms, terms of this Agreement may be made by either Party, Party or its Affiliates except as provided in Section 10.3 and no Party this Section 10.6. Zai shall not use the name, trademark, trade name or logo of the other PartyFive Prime, its Affiliates or their respective employee(s) employees in any publicity, promotion, news release or disclosure relating to this Agreement or its subject matter, without except as provided in this Section 10.6 or with the prior express written permission of the other PartyFive Prime, except (a) as may be required by law Applicable Laws. Zai shall use Five Prime’s corporate name in all publicity relating to this Agreement, including securities laws the initial press release and all subsequent press releases, and accompanied explanatory text such as “Licensed from Five Prime Therapeutics, Inc.”; provided that Zai will use Five Prime’s corporate name only in connection such manner that the distinctiveness, reputation, and validity of any trademarks and corporate or trade names of Five Prime shall not be impaired, and in a manner consistent with best practices used by Zai with respect to its other collaborators. (b) Notwithstanding Section 10.6(a), Five Prime has the right to publicly disclose (A) the achievement of milestones under this Agreement; (B) the commencement, completion, material data and key results of Clinical Trials conducted under this Agreement; and (C) any registration of Company securities (providedinformation relating to the FPA144-004 Study. After a Publication has been made available to the public, that, the disclosing party shall seek confidential treatment, each Party may post such Publication or a protective order, as applicable, for link to it on its corporate web site without the terms prior written consent of the other Party. (c) A Party may disclose this Agreement in securities filings with the Securities and Exchange Commission (the “SEC”) or equivalent foreign agency to the extent permitted required by applicable laws and regulations as determined by Applicable Laws. In such Party)event, (b) in confidence to its legal and financial advisors to the extent Party seeking such disclosure is reasonably necessary in connection with such Party's activities in connection with shall prepare a draft confidential treatment request and proposed redacted version of this Agreement and (c) to any bona fide potential or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner request confidential treatment for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loan; provided, that, in each case, such disclosees are bound by written obligations of confidentiality consistent with the confidentiality obligations of this Agreement, and the disclosing other Party agrees to promptly (and in any event, no more than [***] after receipt of such confidential treatment request and proposed redactions) give its input in a reasonable manner in order to allow the Party seeking disclosure to file its request within the time lines prescribed by Applicable Laws. The Party seeking such disclosure shall reasonably consider any comments thereto provided by the other Party within such [***] period. (d) Each Party acknowledges that the other Party may be responsible for any breach legally required to make public disclosures (including in filings with Governmental Authorities) of certain terms of or material developments or material information generated under this Agreement and agrees that each Party may make such disclosures as required by any Applicable Laws, provided that the Party seeking such disclosee of the confidentiality obligations of this Agreement. Notwithstanding the foregoing, disclosure (i) to the extent Company receives advice from counsel that it is legally required by law in connection with the registration of any of its securities to make a disclosure, Company shall provide MSD with reasonable opportunity to review and comment on any such public disclosure and shall consider such comments in good faith, in each case, prior to any such disclosure in connection with such registration and (ii) on or about if practicable and permitted by Applicable Laws, first provides the Effective Dateother Party a copy of the proposed disclosure, Company will issue a press release in and reasonably considers any comments thereto provided by the form attached hereto as Schedule 4.4 to announce the execution of this Agreement. *** Certain information, as identified by other Party within [***]] after the receipt of such proposed disclosure. (e) Other than the press release set forth in Exhibit D and the public disclosures permitted by Section 10.6(b), the Parties agree that the portions of any other news release or other public announcement relating to this Agreement or the performance hereunder that would disclose information other than that already in the public domain, shall first be reviewed and approved by 52 CONFIDENTIAL EXECUTION (f) The Parties agree that after a disclosure pursuant to Section 10.6(d) or issuance of a press release (including the initial press release) or other public announcement pursuant to Section 10.6(a) that has been excluded from reviewed and approved by the other Party, the disclosing Party may make subsequent public disclosures reiterating such information without having to obtain the other Party’s prior consent and approval. (g) Each Party shall have the right to use the other Party’s name and logo in presentations, its website, collateral materials and corporate overviews to describe the collaboration relationship, as well as in taglines of press releases issued pursuant to this agreement because it is both (i) Section 10.6; provided that Zai will use Five Prime’s corporate name only in such manner that the distinctiveness, reputation, and validity of any trademarks and corporate or trade names of Five Prime shall not material be impaired, and (ii) would be competitively harmful if publicly disclosedconsistent with best practices used by Zai for its other collaborators.

Publicity/Use of Names. No disclosure (a) Subject to permitted disclosures under Section 10.1(b) or under Section 10.2(c), each of the existence, or Parties agrees not to disclose to any Third Party the terms, terms and conditions of this Agreement may be made by either Party, and no Party shall use the name, trademark, trade name or logo of the other Party, its Affiliates or their respective employee(s) in any publicity, promotion, news release or disclosure relating to this Agreement or its subject matter, without the prior express written permission approval of the other Party, except to (ai) as may be required by law advisors (including securities laws in connection with any registration of Company securities (providedconsultants, thatfinancial advisors, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for the terms of the Agreement to the extent permitted by applicable laws attorneys and regulations as determined by such Partyaccountants), (bii) in confidence to its legal and financial advisors to the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential and existing investors, acquirers, merger partners or actual other financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner commercial partners on a need to know basis for the sole purpose of evaluating an actual or potential investment, acquisition, merger acquisition or loan; provided, thatother business relationship, in each casecase under circumstances that reasonably protect the confidentiality thereof, such disclosees are bound by written obligations of confidentiality consistent (iii) to the extent necessary to comply with the confidentiality obligations terms of this Agreementagreements with Third Parties, or (iv) to the extent required by Applicable Laws, including securities laws and the disclosing Party shall be responsible for any breach by any such disclosee of the confidentiality obligations of this Agreementregulations. Notwithstanding the foregoing, (ithe Parties agree upon the initial press release(s) to the extent Company is required by law in connection with the registration of any of its securities to make a disclosure, Company shall provide MSD with reasonable opportunity to review and comment on any such disclosure and shall consider such comments in good faith, in each case, prior to any such disclosure in connection with such registration and (ii) on or about the Effective Date, Company will issue a press release in the form attached hereto as Schedule 4.4 to announce the execution of this Agreement as contained in Schedule 10.2(a); thereafter, TPTX and Zai may each disclose to Third Parties the information contained in such press release(s) or in any other press releases or disclosures made in accordance with this Section 10.2, without the need for further approval by the other. (b) The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant developments regarding a Product for use in the Field in the Territory and other activities in connection with this Agreement, beyond what may be strictly required by Applicable Laws and the rules of a recognized stock exchange, and each Party may make such disclosures from time to time with respect to a Product in the case of TPTX, with prior notice to Zai, and in the case of Zai, with the prior written approval of TPTX, which approval shall not be unreasonably withheld, conditioned or delayed. *** Certain informationSuch disclosures may include achievement of significant events in the Development (including regulatory process) or Commercialization of a Product for use in the Field in the Territory. Unless otherwise requested by the applicable Party, as identified Zai shall indicate that TPTX is the licensor of a Product and Licensed Technology in each public disclosure issued by Zai regarding a Product. When Zai elects to make any public disclosure under this Section 10.2(b) or TPTX elects to make any public disclosure regarding results and significant developments regarding a Product for use in the Field in the Territory under this Section 10.2(b), the disclosing Party shall give the other Party reasonable notice to review and comment on such statement, and, in the case of proposed disclosures by Zai, (i) if TPTX does not notify Zai in writing within [***]] days or such shorter period if required by Applicable Laws of any reasonable objections, has been excluded from as contemplated in this agreement because it is both (i) not material Section 10.2(b), such disclosure shall be deemed approved, and (ii) if TPTX does notify Zai in writing within the time period set forth in clause (i) above, and reasonably determines that such public disclosure would entail the public disclosure of TPTX’s Confidential Information or of patentable Inventions upon which patent applications should be competitively harmful if filed prior to such public disclosure, such public disclosure shall be delayed for such period as may be reasonably necessary for deleting any such Confidential Information of TPTX, or the drafting and filing of a patent application covering such Inventions; provided that such additional period shall not exceed [***] days from the proposed date of the public disclosure, and, in any event, TPTX shall work diligently and reasonably to agree on the text of any proposed disclosure in an expeditious manner. The principles to be observed in such disclosures shall be accuracy, compliance with Applicable Laws and regulatory guidance documents, and reasonable sensitivity to potential negative reactions of applicable Regulatory Authorities. (c) The Parties acknowledge the need to keep investors and others informed regarding such Party’s business under this Agreement, including as required by Applicable Laws or the rules of a recognized stock exchange. To the extent a Party is publicly disclosedlisted or becomes publicly listed, and subject to Section 10.2(b) as applicable, such Party may issue press releases or make disclosures to the SEC or other applicable agency as it determines, based on advice of counsel, as reasonably necessary to comply with laws or regulations or for appropriate market disclosure; provided that each Party shall provide the other Party with advance notice of legally required disclosures to the extent practicable. The Parties shall consult with each other on the provisions of this Agreement to be redacted in any filings made by a Party with the SEC or as otherwise required by Applicable Laws; provided that each Party shall have the right to make any such filing as it reasonably determines necessary under Applicable Laws.

Publicity/Use of Names. (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 10.3 and this Section 10.6. The Parties have agreed on a joint press release announcing this Agreement, which is attached hereto as Exhibit D, to be issued by the Parties on such date and time as may be agreed by the Parties. No other disclosure of the existence, existence or the terms, terms of this Agreement may be made by either Party, Party or its Affiliates except as provided in Section 10.3 and no Party this Section 10.6. Zai shall not use the name, trademark, trade name or logo of the other PartyFive Prime, its Affiliates or their respective employee(s) employees in any publicity, promotion, news release or disclosure relating to this Agreement or its subject matter, without except as provided in this Section 10.6 or with the prior express written permission of the other PartyFive Prime, except (a) as may be required by law Applicable Laws. Zai shall use Five Prime’s corporate name in all publicity relating to this Agreement, including securities laws the initial press release and all subsequent press releases, and accompanied explanatory text such as “Licensed from Five Prime Therapeutics, Inc.”; provided that Zai will use Five Prime’s corporate name only in connection such manner that the distinctiveness, reputation, and validity of any trademarks and corporate or trade names of Five Prime shall not be impaired, and in a manner consistent with best practices used by Zai with respect to its other collaborators. (b) Notwithstanding Section 10.6(a), Five Prime has the right to publicly disclose (A) the achievement of milestones under this Agreement; (B) the commencement, completion, material data and key results of Clinical Trials conducted under this Agreement; and (C) any registration of Company securities (providedinformation relating to the FPA144-004 Study. After a Publication has been made available to the public, that, the disclosing party shall seek confidential treatment, each Party may post such Publication or a protective order, as applicable, for link to it on its corporate web site without the terms prior written consent of the other Party. (c) A Party may disclose this Agreement in securities filings with the Securities and Exchange Commission (the “SEC”) or equivalent foreign agency to the extent permitted required by applicable laws and regulations as determined by Applicable Laws. In such Party)event, (b) in confidence to its legal and financial advisors to the extent Party seeking such disclosure is reasonably necessary in connection with such Party's activities in connection with shall prepare a draft confidential treatment request and proposed redacted version of this Agreement and (c) to any bona fide potential or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner request confidential treatment for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loan; provided, that, in each case, such disclosees are bound by written obligations of confidentiality consistent with the confidentiality obligations of this Agreement, and the disclosing other Party agrees to promptly (and in any event, no more than [***] after receipt of such confidential treatment request and proposed redactions) give its input in a reasonable manner in order to allow the Party seeking disclosure to file its request within the time lines prescribed by Applicable Laws. The Party seeking such disclosure shall reasonably consider any comments thereto provided by the other Party within such [***] period. (d) Each Party acknowledges that the other Party may be responsible for any breach legally required to make public disclosures (including in filings with Governmental Authorities) of certain terms of or material developments or material information generated under this Agreement and agrees that each Party may make such disclosures as required by any Applicable Laws, provided that the Party seeking such disclosee of the confidentiality obligations of this Agreement. Notwithstanding the foregoing, disclosure (i) to the extent Company receives advice from counsel that it is legally required by law in connection with the registration of any of its securities to make a disclosure, Company shall provide MSD with reasonable opportunity to review and comment on any such public disclosure and shall consider such comments in good faith, in each case, prior to any such disclosure in connection with such registration and (ii) on or about if practicable and permitted by Applicable Laws, first provides the Effective Dateother Party a copy of the proposed disclosure, Company will issue a press release in and reasonably considers any comments thereto provided by the form attached hereto as Schedule 4.4 to announce the execution of this Agreement. *** Certain information, as identified by other Party within [***]] after the receipt of such proposed disclosure. (e) Other than the press release set forth in Exhibit D and the public disclosures permitted by Section 10.6(b), the Parties agree that the portions of any other news release or other public announcement relating to this Agreement or the performance hereunder that would disclose information other than that already in the public domain, shall first be reviewed and approved by both Parties (with such approval not to be unreasonably withheld or delayed), except as required by Applicable Laws. (f) The Parties agree that after a disclosure pursuant to Section 10.6(d) or issuance of a press release (including the initial press release) or other public announcement pursuant to Section 10.6(a) that has been excluded from reviewed and approved by the other Party, the disclosing Party may make subsequent public disclosures reiterating such information without having to obtain the other Party’s prior consent and approval. (g) Each Party shall have the right to use the other Party’s name and logo in presentations, its website, collateral materials and corporate overviews to describe the collaboration relationship, as well as in taglines of press releases issued pursuant to this agreement because it is both (i) Section 10.6; provided that Zai will use Five Prime’s corporate name only in such manner that the distinctiveness, reputation, and validity of any trademarks and corporate or trade names of Five Prime shall not material be impaired, and (ii) would be competitively harmful if publicly disclosedconsistent with best practices used by Zai for its other collaborators.

Publicity/Use of Names. No disclosure (a) Each of the existence, Parties agrees not to disclose to any Third Party or Affiliates (except as permitted by Section 7.1 (Nondisclosure Obligations)) the terms, terms and conditions of this Agreement may be made by either Party, and no Party shall use without the name, trademark, trade name or logo prior approval of the other Party, its except to (i) advisors (including consultants, financial advisors, attorneys and accountants), in each case under circumstances that reasonably protect the confidentiality thereof (ii) actual or bona fide potential and existing investors and acquirers on a need to know basis, in each case under circumstances that reasonably protect the confidentiality thereof, (iii) to the extent necessary to comply with the terms of agreements with Third Parties or Affiliates, or (iv) to the extent required by Applicable Laws, including securities laws and regulations; provided that any disclosures pursuant to (i)–(iii) shall be pursuant to terms of a written non-disclosure/non-use agreement with terms and conditions at least as protective of the Confidential Information as those set forth in this ARTICLE 7 (Confidentiality; Publication) (or, in the case of attorneys, to a duty and obligation of nondisclosure or nonuse pursuant to applicable rules of the profession). Notwithstanding the foregoing, the Parties agree that at the request of either Party both Parties may together issue a mutually approved press release to announce the execution of this Agreement; thereafter, RubrYc and iBio may each disclose to Third Parties and their Affiliates the information contained in such initial press release without the need for further approval by the other. (b) Notwithstanding any provisions to the contrary contained in this ARTICLE 7 (Confidentiality; Publication), iBio may make disclosures from time to time with respect to the Clinical and Regulatory Activities and Commercialization for Selected Compounds and the Collaboration Products in the Field and Territory, including achievement of significant events in the Clinical and Regulatory Activities or their respective employee(sCommercialization of a Collaboration Product for use in the Field in the Territory; provided that such disclosures do not include any Confidential Information of RubrYc, and shall be accurate and compliant with Applicable Laws and regulatory guidance documents. (c) Each Party acknowledges the other Party’s need to keep investors and others informed regarding such Party’s business under this Agreement, including as required by the rules of a recognized stock exchange. To the extent a Party is publicly listed or becomes publicly listed, and subject to the rest of this Section 7.5 (Publicity; Use of Names), such Party may issue press releases or make disclosures to the SEC or other applicable agency as it determines, based on advice of counsel, as reasonably necessary to comply with Applicable Laws or for appropriate market disclosure; provided that each Party shall provide the other Party with advance notice of disclosures to the extent practicable. The Parties shall consult with each other on the provisions of this Agreement to be redacted in any publicityfilings made by a Party with the SEC or as otherwise required by Applicable Laws; provided that each Party shall have the right to make any such filing as it reasonably determines necessary under Applicable Laws. (d) Each Party will have the right to use the other Party’s name and logo in presentations, promotionits website, news release collateral materials, and corporate overviews to describe the Collaborations and Program relationships; provided that neither Party will use the other Party’s name or disclosure relating logo in such a manner as to harm the distinctiveness, reputation, or validity of the other Party’s rights in such name or logo, and each Party’s use shall be consistent with best practices used by such other Party for its own use of its name and logo. Except as permitted under this Agreement Section 7.5 (Publicity; Use of Names) or its subject matter, without with the prior express written permission of the other Party, neither Party will use the name, trademark, trade name, or logo of the other Party or its Affiliates or their respective employees in any publicity, promotion, news release, or disclosure relating to this Agreement or its subject matter except (a) as may be required by law including securities laws in connection with any registration of Company securities (provided, that, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for the terms of the Agreement to the extent permitted by applicable laws and regulations as determined by such Party), (b) in confidence to its legal and financial advisors to the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loan; provided, that, in each case, such disclosees are bound by written obligations of confidentiality consistent with the confidentiality obligations of this Agreement, and the disclosing Party shall be responsible for any breach by any such disclosee of the confidentiality obligations of this Agreement. Notwithstanding the foregoing, (i) to the extent Company is required by law in connection with the registration of any of its securities to make a disclosure, Company shall provide MSD with reasonable opportunity to review and comment on any such disclosure and shall consider such comments in good faith, in each case, prior to any such disclosure in connection with such registration and (ii) on or about the Effective Date, Company will issue a press release in the form attached hereto as Schedule 4.4 to announce the execution of this Agreement. *** Certain information, as identified by [***], has been excluded from this agreement because it is both (i) not material and (ii) would be competitively harmful if publicly disclosedApplicable Law.

Publicity/Use of Names. No disclosure (a) Subject to permitted disclosures under Section 10.1(b) or under Section 10.2(c), each of the existence, or Parties agrees not to disclose to any Third Party the terms, terms and conditions of this Agreement may be made by either Party, and no Party shall use the name, trademark, trade name or logo of the other Party, its Affiliates or their respective employee(s) in any publicity, promotion, news release or disclosure relating to this Agreement or its subject matter, without the prior express written permission approval of the other Party, except to (ai) as may be required by law advisors (including securities laws in connection with any registration of Company securities (providedconsultants, thatfinancial advisors, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for the terms of the Agreement to the extent permitted by applicable laws attorneys and regulations as determined by such Partyaccountants), (bii) in confidence to its legal and financial advisors to the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential and existing investors, acquirers, merger partners or actual other financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner commercial partners on a need to know basis for the sole purpose of evaluating an actual or potential investment, acquisition, merger acquisition or loan; provided, thatother business relationship, in each casecase under circumstances that reasonably protect the confidentiality thereof, such disclosees are bound by written obligations of confidentiality consistent (iii) to the extent necessary to comply with the confidentiality obligations terms of this Agreementagreements with Third Parties, or (iv) to the extent required by Applicable Laws, including securities laws and the disclosing Party shall be responsible for any breach by any such disclosee of the confidentiality obligations of this Agreementregulations. Notwithstanding the foregoing, (ithe Parties agree upon the initial press release(s) to the extent Company is required by law in connection with the registration of any of its securities to make a disclosure, Company shall provide MSD with reasonable opportunity to review and comment on any such disclosure and shall consider such comments in good faith, in each case, prior to any such disclosure in connection with such registration and (ii) on or about the Effective Date, Company will issue a press release in the form attached hereto as Schedule 4.4 to announce the execution of this Agreement as contained in Schedule 10.2(a); thereafter, TPTX and Zai may each disclose to Third Parties the information contained in such press release(s) or in any other press releases or disclosures made in accordance with this Section 10.2, without the need for further approval by the other. (b) The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant developments regarding a Product for use in the Field in the Territory and other activities in connection with this Agreement, beyond what may be strictly required by Applicable Laws and the rules of a recognized stock exchange, and each Party may make such disclosures from time to time with respect to a Product in the case of TPTX, with prior notice to Zai, and in the case of Zai, with the prior written approval of TPTX, which approval shall not be unreasonably withheld, conditioned or delayed. *** Certain informationSuch disclosures may include achievement of significant events in the Development (including regulatory process) or Commercialization of a Product for use in the Field in the Territory. Unless otherwise requested by the applicable Party, as identified Zai shall indicate that TPTX is the licensor of a Product and Licensed Technology in each public disclosure issued by Zai regarding a Product. When Zai elects to make any public disclosure under this Section 10.2(b) or TPTX elects to make any public disclosure regarding results and significant developments regarding a Product for use in the Field in the Territory under this Section 10.2(b), the disclosing Party shall give the other Party reasonable notice to review and comment on such statement, and, in the case of proposed disclosures by Zai, (i) if TPTX does not notify Zai in writing within [***]] days or such shorter period if required by Applicable Laws of any reasonable objections, has been excluded from as contemplated in this agreement because it is both (i) not material Section 10.2(b), such disclosure shall be deemed approved, and (ii) if TPTX does notify Zai in writing within the time period set forth in clause (i) above, and reasonably determines that such public disclosure would entail the public disclosure of TPTX’s Confidential Information or of patentable Inventions upon which patent applications should be competitively harmful if filed prior to such public disclosure, such public disclosure shall be delayed for such period as may be reasonably necessary for deleting any such Confidential Information of TPTX, or the drafting and filing of a patent application covering such Inventions; provided that such additional period shall not exceed [***] days from the proposed date of the public disclosure, and, in any event, TPTX shall work diligently and reasonably to agree on the text of any proposed disclosure in an expeditious manner. The principles to be observed in such disclosures shall be accuracy, compliance with Applicable Laws and regulatory guidance documents, and reasonable sensitivity to potential negative reactions of applicable Regulatory Authorities. (c) The Parties acknowledge the need to keep investors and others informed regarding such Party’s business under this Agreement, including as required by Applicable Laws or the rules of a recognized stock exchange. To the extent a Party is publicly disclosedlisted or becomes publicly listed, and subject to Section 10.2(b) as applicable, such Party may issue press releases or make disclosures to the SEC or other applicable agency as it determines, based on advice of counsel, as reasonably necessary to comply with laws or regulations or for appropriate market disclosure; provided that each Party shall provide the other Party with advance notice of legally required disclosures to the extent practicable. 92975109_3 243114426 v7 The Parties shall consult with each other on the provisions of this Agreement to be redacted in any filings made by a Party with the SEC or as otherwise required by Applicable Laws; provided that each Party shall have the right to make any such filing as it reasonably determines necessary under Applicable Laws.

Publicity/Use of Names. No disclosure (a) Each of the existence, or Parties agrees not to disclose to any Third Party the terms, terms and conditions of this Agreement may be made by either Party, and no Party shall use the name, trademark, trade name or logo of the other Party, its Affiliates or their respective employee(s) in any publicity, promotion, news release or disclosure relating to this Agreement or its subject matter, without the prior express written permission approval of the other Party, except to advisors (a) as may be required by law including securities laws in connection with any registration of Company securities (providedconsultants, thatfinancial advisors, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for the terms of the Agreement to the extent permitted by applicable laws attorneys and regulations as determined by such Partyaccountants), (b) in confidence to its legal potential and financial advisors to the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential existing investors, acquirers or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loan; provided, thatsublicensees, in each case, such disclosees are bound by written case on a need-to-know basis and under obligations of confidentiality consistent with industry standards, provided that, with respect to disclosures to potential and existing investors, acquirers or sublicensees, the confidentiality obligations Parties mutually agree upon a redacted version of this Agreement, and Agreement for purposes of such disclosure to protect the disclosing Party shall be responsible for any breach by any such disclosee Confidential Information of each Party. (b) The Parties have agreed upon the confidentiality obligations initial press release to announce the execution of this Agreement. Notwithstanding the foregoing, (i) to the extent Company is required by law in connection with the registration of any of its securities to make a disclosure, Company shall provide MSD with reasonable opportunity to review and comment on any such disclosure and shall consider such comments in good faith, in each case, prior to any such disclosure in connection with such registration and (ii) on or about the Effective Date, Company will issue a press release Agreement in the form attached hereto as Schedule 4.4 Exhibit 10.3; thereafter, Entasis and Zai may each disclose to announce Third Parties the execution information contained in such press release(s) without the need for further approval by the other. (c) The Parties acknowledge that either or both Parties may be obligated to file under Applicable Laws a copy of this AgreementAgreement with the U.S. Securities and Exchange Commission or other Governmental Authorities. *** Certain informationEach Party may make such a required filing, as identified by provided that it requests confidential treatment of the 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 shall provide the other Party with a copy of this Agreement marked to show provisions for which such Party intends to seek confidential treatment 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. CONFIDENTIAL TREATMENT REQUESTED UNDER RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. [***]*****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION. (d) The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant developments regarding Licensed Products for use in the Field in the Territory and other activities in connection with this Agreement, has been excluded beyond what may be strictly required by Applicable Laws and the rules of a recognized stock exchange, and Entasis may make such disclosures from this agreement because it time to time with respect to Licensed Products with the approval of Zai, which approval shall not be unreasonably withheld, conditioned or delayed. Such disclosures may include achievement of significant events in the Development (including regulatory process) or Commercialization of Licensed Products for use in the Field in the Territory. Unless otherwise requested by the applicable Party, each Party shall indicate that Entasis is both (i) not material the licensor of Licensed Products, Licensed Patents, and (ii) would be competitively harmful if publicly disclosedLicensed Know-How, as applicable, in each public disclosure issued by such Party regarding Licensed Products.

Publicity/Use of Names. (a) At its sole discretion, EDESA may publicly disclose the execution and material terms of this Agreement and, from time to time, milestones achieved and activities conducted hereunder. No disclosure of the existenceexistence of, or the termsterms of, of this Agreement or activities conducted hereunder, may be made by either PartyLICENSOR without the prior express written permission by EDESA. However, that no approval of EDESA shall be required if a subsequent public disclosure solely discloses the information that: (1) a milestone under this Agreement has been achieved and/or any payments associated therewith have been received; (2) the filing and/or Regulatory Approval of the NDA with the FDA or the EMA generally has occurred (provided, however, that specific dates of filing shall not be disclosed); (3) commercial launch of the Product in any country, or (4) any information that has previously been approved and no disclosed as permitted by this Section ‎8.2. Except as otherwise provided in this Section ‎8.2(a), neither Party shall use the name, trademark, trade name or logo of the other Party, Party or its Affiliates or their respective employee(s) employees in any publicity, promotion, publicity or news release or disclosure relating to this Agreement or its subject matter, without the prior express written permission of the other Party, except . (ab) as may be required by law including securities laws in connection with any registration of Company securities (provided, that, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for Notwithstanding the terms of this ‎Article 8, either Party shall be permitted to disclose the Agreement to the extent permitted by applicable laws existence and regulations as determined by such Party), (b) in confidence to its legal and financial advisors to the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loan; provided, that, in each case, such disclosees are bound by written obligations of confidentiality consistent with the confidentiality obligations terms of this Agreement, and the disclosing Party shall be responsible for any breach by any such disclosee of the confidentiality obligations of this Agreement. Notwithstanding the foregoing, (i) to the extent Company is required required, in the reasonable opinion of such Party’s legal counsel, to comply with applicable laws, rules or regulations, including the rules and regulations promulgated by securities law in connection with regulatory agencies or any other governmental agency or applicable stock exchange on which a Party’s stock may be listed. (c) Either Party may also disclose the registration existence and terms of any of this Agreement to its securities legal counsel, investment bankers, accountants and advisors, and to make a disclosurepotential Sublicensees, Company shall provide MSD with reasonable opportunity to review Third Party contractors, investors, lenders or acquirers, and comment on any such disclosure their legal counsel, investment bankers, accountants and shall consider such comments in good faithadvisors, in each case, prior to any such disclosure in connection with such registration and (ii) on case under an agreement or about the Effective Date, Company will issue a press release in the form attached hereto as Schedule 4.4 case of legal counsel, a professional obligation, to announce keep the execution terms of this Agreement. *** Certain information, as identified by [***], has been excluded from Agreement confidential under terms of confidentiality and non-use substantially similar to the terms contained in this agreement because it is both (i) not material Agreement and (ii) would be competitively harmful if publicly disclosedto use such Confidential Information solely for the purpose permitted pursuant to this Section ‎8.2(c).

Publicity/Use of Names. No disclosure (a) Each of the existence, Parties agrees not to disclose to any Third Party or Affiliates (except as permitted by Section 7.1 (Nondisclosure Obligations)) the terms, terms and conditions of this Agreement may be made by either Party, and no Party shall use without the name, trademark, trade name or logo prior approval of the other Party, its except to (i) advisors (including consultants, financial advisors, attorneys and accountants), in each case under circumstances that reasonably protect the confidentiality thereof, (ii) actual or bona fide potential and existing investors and acquirers on a need to know basis, in each case under circumstances that reasonably protect the confidentiality thereof, (iii) to the extent necessary to comply with the terms of agreements with Third Parties or Affiliates, or (iv) to the extent required by Applicable Laws, including securities laws and regulations; provided that any disclosures pursuant to (i)–(iii) shall be pursuant to terms of a written non-disclosure/non-use agreement with terms and conditions at least as protective of the Confidential Information as those set forth in this ARTICLE 7 (Confidentiality; Publication) (or, in the case of attorneys, to a duty and obligation of nondisclosure or nonuse pursuant to applicable rules of the profession). Notwithstanding the foregoing, the Parties agree that at the request of either Party both Parties may together issue a mutually approved press release to announce the execution of this Agreement; thereafter, RubrYc and iBio may each disclose to Third Parties and their Affiliates the information contained in such initial press release without the need for further approval by the other. (b) Notwithstanding any provisions to the contrary contained in this ARTICLE 7 (Confidentiality; Publication), iBio may make disclosures from time to time with respect to the Clinical and Regulatory Activities and Commercialization for the Licensed Products in the Field and Territory, including achievement of significant events in the Clinical and Regulatory Activities or their respective employee(sCommercialization of a Licensed Product for use in the Field in the Territory; provided that such disclosures do not include any Confidential Information of RubrYc, and shall be accurate and compliant with Applicable Laws and regulatory guidance documents. (c) Each Party acknowledges the other Party’s need to keep investors and others informed regarding such Party’s business under this Agreement, including as required by the rules of a recognized stock exchange. To the extent a Party is publicly listed or becomes publicly listed, and subject to the rest of this Section 7.5 (Publicity; Use of Names), such Party may issue press releases or make disclosures to the SEC or other applicable agency as it determines, based on advice of counsel, as reasonably necessary to comply with Applicable Laws or for appropriate market disclosure; provided that each Party shall provide the other Party with advance notice of disclosures to the extent practicable. The Parties shall consult with each other on the provisions of this Agreement to be redacted in any publicityfilings made by a Party with the SEC or as otherwise required by Applicable Laws; provided that each Party shall have the right to make any such filing as it reasonably determines necessary under Applicable Laws. (d) Each Party will have the right to use the other Party’s name and logo in presentations, promotionits website, news release collateral materials, and corporate overviews to describe the Collaboration and license relationship; provided that neither Party will use the other Party’s name or disclosure relating logo in such a manner as to harm the distinctiveness, reputation, or validity of the other Party’s rights in such name or logo, and each Party’s use shall be consistent with best practices used by such other Party for its own use of its name and logo. Except as permitted under this Agreement Section 7.5 (Publicity; Use of Names) or its subject matter, without with the prior express written permission of the other Party, neither Party will use the name, trademark, trade name, or logo of the other Party or its Affiliates or their respective employees in any publicity, promotion, news release, or disclosure relating to this Agreement or its subject matter except (a) as may be required by law including securities laws in connection with any registration of Company securities (provided, that, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for the terms of the Agreement to the extent permitted by applicable laws and regulations as determined by such Party), (b) in confidence to its legal and financial advisors to the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loan; provided, that, in each case, such disclosees are bound by written obligations of confidentiality consistent with the confidentiality obligations of this Agreement, and the disclosing Party shall be responsible for any breach by any such disclosee of the confidentiality obligations of this Agreement. Notwithstanding the foregoing, (i) to the extent Company is required by law in connection with the registration of any of its securities to make a disclosure, Company shall provide MSD with reasonable opportunity to review and comment on any such disclosure and shall consider such comments in good faith, in each case, prior to any such disclosure in connection with such registration and (ii) on or about the Effective Date, Company will issue a press release in the form attached hereto as Schedule 4.4 to announce the execution of this Agreement. *** Certain information, as identified by [***], has been excluded from this agreement because it is both (i) not material and (ii) would be competitively harmful if publicly disclosedApplicable Law.

Publicity/Use of Names. No disclosure (a) Each of the existence, or Parties agrees not to disclose to any Third Party the terms, terms and conditions of this Agreement may be made by either Party, and no Party shall use without the name, trademark, trade name or logo prior approval of the other PartyParty (such consent not to be unreasonably withheld, its Affiliates delayed or their respective employee(s) in any publicity, promotion, news release or disclosure relating to this Agreement or its subject matter, without the prior express written permission of the other Partyconditioned), except to (ai) as may be advisors (including consultants, financial advisors, attorneys and accountants), (ii) bona fide potential and existing investors and acquirers on a need to know basis, in each case under circumstances that reasonably protect the confidentiality thereof, (iii) to the extent necessary to comply with the terms of agreements with Third Parties or (iv) to the extent required by law Applicable Laws, including securities laws in connection with any registration of Company securities (provided, that, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for the terms of the Agreement to the extent permitted by applicable laws and regulations as determined by such Party), (b) in confidence to its legal and financial advisors to the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loan; provided, that, in each case, such disclosees are bound by written obligations of confidentiality consistent with the confidentiality obligations of this Agreement, and the disclosing Party shall be responsible for any breach by any such disclosee of the confidentiality obligations of this Agreementregulations. Notwithstanding the foregoing, (ithe Parties shall discuss and agree upon the initial press release(s) to the extent Company is required by law in connection with the registration of any of its securities to make a disclosure, Company shall provide MSD with reasonable opportunity to review and comment on any such disclosure and shall consider such comments in good faith, in each case, prior to any such disclosure in connection with such registration and (ii) on or about the Effective Date, Company will issue a press release in the form attached hereto as Schedule 4.4 to announce the execution of this Agreement as contained in Exhibit G and the issuing Party shall make reasonable efforts to accommodate comments from the other Party; thereafter, Licensor and Licensee may each disclose to Third Parties the information contained in such press release(s) without the need for further approval by the other. (b) The Parties acknowledge the need to keep investors and others informed regarding such Party’s business under this Agreement, including as required by the rules of a recognized stock exchange. *** Certain informationTo the extent a Party is publicly listed or becomes publicly listed, and subject to Section 10.03(a), such Party may issue press releases or make disclosures to the Securities and Exchange Commission or other applicable agency as it determines, based on advice of counsel, as identified reasonably necessary to comply with laws or regulations or for appropriate market disclosure; provided that each Party shall provide the other Party with advance notice of legally required disclosures to the extent practicable. The Parties shall consult with each other on the provisions of this Agreement to be redacted in any filings made by [***], has been excluded from this agreement because a Party with the Securities and Exchange Commission or as otherwise required by Applicable Laws; provided that each Party shall have the right to make any such filing as it is both (i) not material and (ii) would be competitively harmful if publicly disclosedreasonably determines necessary under Applicable Laws.

Publicity/Use of Names. No disclosure (a) Subject to permitted disclosures under Section 9.1, each of the existence, or Parties agrees not to disclose to any Third Party the terms, terms and conditions of this Agreement may be made by either Party, and no Party shall use the name, trademark, trade name or logo of the other Party, its Affiliates or their respective employee(s) in any publicity, promotion, news release or disclosure relating to this Agreement or its subject matter, without the prior express written permission approval of the other Party, except to (ai) as may be required by law advisors (including securities laws in connection with any registration of Company securities (providedconsultants, thatfinancial advisors, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for the terms of the Agreement to the extent permitted by applicable laws attorneys and regulations as determined by such Partyaccountants), (bii) in confidence to its legal and financial advisors to the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential and existing investors, acquirers, merger partners or actual other financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner commercial partners on a need to know basis for the sole purpose of evaluating an actual or potential investment, acquisition, merger acquisition or loan; provided, thatother business relationship, in each case, such disclosees are bound by written obligations of confidentiality consistent with case under circumstances that reasonably protect the confidentiality obligations of this Agreementthereof, or (iii) to the extent required by Applicable Laws, including securities laws and the disclosing Party shall be responsible for any breach by any such disclosee of the confidentiality obligations of this Agreementregulations. Notwithstanding the foregoing, (ithe Parties agree to issue the initial press release(s) to the extent Company is required by law in connection with the registration of any of its securities to make a disclosure, Company shall provide MSD with reasonable opportunity to review and comment on any such disclosure and shall consider such comments in good faith, in each case, prior to any such disclosure in connection with such registration and (ii) on or about the Effective Date, Company will issue a press release in the form attached hereto as Schedule 4.4 to announce the execution of this AgreementAgreement as contained in Schedule 9.3(a); thereafter, Xxxxxx and Xxx may each disclose to Third Parties the information contained in such press release(s) or in any other press releases or disclosures made in accordance with this Section 9.3, without the need for further approval by the other. [*** Certain information*] = CERTAIN CONFIDENTIAL INFORMATION OMITTED (b) The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant developments regarding the Licensed Product for use in the Field in the Licensed Territory and other activities in connection with this Agreement, as identified beyond what may be strictly required by Applicable Laws and the rules of a recognized stock exchange, and each Party may make such disclosures from time to time with respect to the Licensed Product in each case with the prior written approval of the other Party, which approval shall not be unreasonably withheld, conditioned or delayed. Such disclosures may include achievement of significant events in the Development (including regulatory process) or Commercialization of the Licensed Product for use in the Field in the Licensed Territory. Unless otherwise requested by the applicable Party, Zai shall indicate that Karuna is the licensor of the Licensed Product and Licensed Technology in each public disclosure issued by Xxx regarding the Licensed Product. When Xxx elects to make any public disclosure under this Section 9.3(b) or Karuna elects to make any public disclosure regarding results and significant developments regarding the Licensed Product for use in the Field in the Licensed Territory under this Section 9.3(b), the disclosing Party shall give the other Party at least [***]prior to its intended disclosure to review and comment on such statement, has been excluded from this agreement because it is both being understood that (i) if the other Party does not material notify such Party in writing within [***] or such shorter period if required by Applicable Laws of any reasonable objections, as contemplated in this Section 9.3(b), such disclosure shall be deemed approved, and (ii) if the other Party does notify such Party in writing within the time period set forth in clause (i) above, and reasonably determines that such public disclosure would entail the public disclosure of the other Party’s Confidential Information or of patentable Inventions upon which patent applications should be competitively harmful filed prior to such public disclosure, such public disclosure shall be delayed for such period as may be reasonably necessary for deleting any such Confidential Information of the other Party, or the drafting and filing of a patent application covering such Inventions; provided that such additional period shall not exceed [***] from the proposed date of the public disclosure, and, in any event, the other Party shall work diligently and reasonably to agree on the text of any proposed disclosure in an expeditious manner. The principles to be observed in such disclosures shall be accuracy, compliance with Applicable Laws and regulatory guidance documents, and reasonable sensitivity to potential negative reactions of applicable Regulatory Authorities. (c) The Parties acknowledge the need to keep investors and others informed regarding such Party’s business under this Agreement, including as required by Applicable Laws or the rules of a recognized stock exchange. To the extent a Party is publicly listed or becomes publicly listed, and subject to Section 9.3(b) as applicable, such Party may issue press releases or make disclosures to the SEC or other applicable agency as it determines, based on advice of counsel, as reasonably necessary to comply with Applicable Laws; provided that each Party shall provide the other Party with reasonable advance notice of such legally required disclosures. The Parties shall consult with each other on the provisions of this Agreement to be redacted in any filings made by a Party with the SEC or as otherwise required by Applicable Laws; provided that each Party shall have the right to make any such filing as it reasonably determines necessary under Applicable Laws. (d) The Parties agree and acknowledge that, upon reasonable request by Xxx and subject to mutual agreement by the Parties, Zai may record or file this Agreement (or a summary or translation of this Agreement as is necessary to effect such recordation or filing) with any patent and trademark office or similar authority in the Licensed Territory, if publicly disclosedZai reasonably determines that such recordation or filing is beneficial or required to give effect to or protect its rights under this Agreement. Upon Xxx’s reasonable request, Xxxxxx shall provide such cooperation and reasonable assistance in connection with such recordation or filing.

Publicity/Use of Names. No disclosure of the existence, existence or the terms, terms of this Agreement may be made by either Party, and no neither Party shall use the name, trademark, trade name or logo of the other Party, its Affiliates or their respective employee(s) employees in any publicity, promotion, news release or disclosure relating to this Agreement or its subject matter, without the prior express written permission of the other Party, except (a) as may be required by law including securities laws law, except as provided in connection with any registration of Company securities (provided, that, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for the terms of the Agreement to the extent permitted by applicable laws and regulations as determined by such PartySection 4.3(a), (b) in confidence or (c). (a) Either Party shall be permitted to its legal disclose the existence and financial advisors terms of this Agreement to the extent such disclosure is reasonably necessary required, in connection with the reasonable opinion of such Party's activities in connection ’s legal counsel, to comply with this Agreement applicable laws, including without limitation the rules and (c) to regulations promulgated by the United States Securities and Exchange Commission or any bona fide potential or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loan; provided, that, in each case, such disclosees are bound by written obligations of confidentiality consistent with the confidentiality obligations of this Agreement, and the disclosing Party shall be responsible for any breach by any such disclosee of the confidentiality obligations of this Agreementother governmental agency. Notwithstanding the foregoing, (i) to the extent Company is required by law in connection with the registration of before disclosing this Agreement or any of its securities the terms hereof pursuant to make a disclosurethis Section 4.3(a), Company shall provide MSD the Parties will consult with reasonable opportunity one another on the terms of this Agreement to review and comment on be redacted in making any such disclosure. If a Party discloses this Agreement or any of the terms hereof in accordance with this Section 4.3(a), such Party agrees, at its own expense, to seek confidential treatment of the portions of this Agreement or such terms, as may be reasonably requested by the other Party. (b) Either Party may also disclose the existence and terms of this Agreement to potential acquirors, investors or lenders of such Party, as a part of their due diligence investigations, provided that such potential acquirors, investors or lenders have agreed in writing to keep the terms of this Agreement confidential and to use such confidential information solely for the purpose permitted pursuant to this Section 4.3(b), provided, however, that AVEO shall not disclose the Research Plan or any portion thereof or any MERCK Compound including the structure thereof to such potential investors. Further, either Party may freely disclose any information that has been previously approved for disclosure and shall consider such comments in good faithby the other Party. (c) The Parties hereby acknowledge that, in each case, prior to any such disclosure in connection with such registration and (ii) on or about following the Effective Date, Company will AVEO may at its discretion issue a press release in the form attached hereto as Schedule 4.4 to announce the execution of regarding this Agreement. *** Certain information, as identified by [***], has been excluded from this agreement because it is both (i) not material provided that such release will be subject to MERCK’s prior review and (ii) would be competitively harmful if publicly disclosedwritten approval.

Publicity/Use of Names. No disclosure (a) The Parties shall issue a mutually acceptable press release announcing the execution of this Agreement. A Party may issue any subsequent press release relating to this Agreement or activities conducted hereunder upon prior written approval of the existenceother Party, such approval not to be unreasonably withheld or delayed; provided, however, that no approval of the other Party shall be required if a subsequent press release solely discloses the information that: (I) a milestone under this Agreement has been achieved and/or any payments associated therewith have been received; (2) the filing and/or Regulatory Approval of the NDA with the FDA or the termsEMEA generally has occurred (provided, however, that specific dates of filing shall not be disclosed); (3) commercial launch of the Product in any country or any information that has previously been approved and disclosed as permitted by this Agreement Section 8.2. In the case of items (1 )-(3) of the preceding sentence, the disclosing Party shall provide the other Party a copy of such proposed disclosures prior to the proposed release and consider in good faith any comments the other Party may be made by either Partymake, where practicable, and no in light of any reporting obligations of such disclosing Party under applicable laws, rules or regulations, including applicable securities law, Except as otherwise provided in this Section 8.2(a), neither Party shall use the name, trademark, trade name or logo of the other PartyParty or its employees, or, in the case of YISSUM, the name or logo of the University or the name of its Affiliates or their respective employee(s) employees, in any publicity, promotion, publicity or news release or disclosure relating to this Agreement or its subject matter, without the prior express written permission of the other Party, except , (ab) as may be required by law including securities laws in connection with any registration of Company securities (provided, that, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for Notwithstanding the terms of this Article 8, either Party shall be permitted to disclose the Agreement to the extent permitted by applicable laws existence and regulations as determined by such Party), (b) in confidence to its legal and financial advisors to the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loan; provided, that, in each case, such disclosees are bound by written obligations of confidentiality consistent with the confidentiality obligations terms of this Agreement, to the extent required, in the reasonable opinion of such Party's legal counsel, to comply with applicable laws, rules or regulations, including the rules and regulations promulgated by securities law regulatory agencies or any other govenm1ental agency, Notwithstanding the foregoing, before disclosing this Agreement or any of the terms hereof pursuant to this Section 8.2(b), the Parties shall consult with one another on the terms of this Agreement for which confidential treatment will be sought in making any such disclosure, If a Party wishes to disclose this Agreement or any of the tem1s hereof in accordance with this Section 8.2(b), such Party agrees, at its own expense, to seek confidential treatment of the portions of this Agreement or such terms as may be reasonably requested by the other Party, provided that the disclosing Party shall always be responsible for any breach by any such disclosee of entitled to comply with legal requirements. (c) Either Party may also disclose the confidentiality obligations existence and terms of this Agreement. Notwithstanding the foregoingAgreement to its legal counsel, (i) investment bankers, accountants and advisors, and to the extent Company is required by law in connection with the registration of any of its securities to make a disclosurepotential Sublicensees, Company shall provide MSD with reasonable opportunity to review Third Party contractors, investors, lenders or acquirers, and comment on any such disclosure their legal counsel, investment bankers, accountants and shall consider such comments in good faithadvisors, in each case, prior to any such disclosure in connection with such registration and (ii) on case under an agreement or about the Effective Date, Company will issue a press release in the form attached hereto as Schedule 4.4 case of legal counsel, a professional obligation, to announce keep the execution tem1s of this Agreement. *** Certain information, as identified by [***], has been excluded from Agreement confidential under terms of confidentiality and non-use substantially similar lo the terms contained in this agreement because it is both (i) not material Agreement and (ii) would be competitively harmful if publicly disclosedto use such Confidential lnfon11ation solely for the purpose permitted pursuant to this Section 8.2(c).

Publicity/Use of Names. No Subject to Section 7.2 and the rest of this Section 7.3, no disclosure of the existence, or the terms, terms of this Agreement may be made by either PartyParty or its Affiliates, and no Party shall use the name, trademark, trade name or logo of the other Party, its Affiliates or their respective employee(s) in any publicity, promotion, news release or other public disclosure relating to this Agreement or its subject matter, without the prior express written permission of the other Party, except (a) as may be required by law Law. (a) A Party may disclose this Agreement and its terms in securities filings with the Securities Exchange Commission or other regulatory agency (“SEC”) (or equivalent foreign agency, including securities laws in connection with any registration of Company securities (provided, that, the disclosing party shall seek confidential treatment, Israel Securities Authority or a protective order, as applicable, for the terms of the Agreement Tel Aviv Stock Exchange) to the extent permitted required by applicable laws and regulations as determined by Law after complying with the procedure set forth in this Section 7.3. In such Party)event, (b) in confidence to its legal and financial advisors to the extent Party seeking such disclosure is reasonably necessary in connection with such Party's activities in connection with will prepare a draft confidential treatment request and a proposed redacted version of this Agreement and (c) to any bona fide potential or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner request confidential treatment for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loan; provided, that, in each case, such disclosees are bound by written obligations of confidentiality consistent with the confidentiality obligations of this Agreement, and the disclosing other Party agrees to promptly (and in any event, no more than seven (7) days after receipt of such confidential treatment request and proposed redactions (or such lesser period of time as required by Law)) give its input in a reasonable manner in order to allow the Party seeking disclosure to file its request within the time lines proscribed by applicable SEC regulations or equivalent foreign agency regulations. The Party seeking such disclosure shall be responsible for any breach by any such disclosee exercise Commercially Reasonable Efforts to obtain confidential treatment of the confidentiality obligations Agreement from the SEC or equivalent foreign agency as represented by the redacted version reviewed by the other Party. (b) Further, each Party acknowledges that the other Party may be legally required to make public disclosures (including in filings with the SEC or other agency) of the execution and delivery of this Agreement. Notwithstanding Agreement as well as certain material developments or material information generated under this Agreement and agrees that each Party may make such disclosures as required by Law, provided that the foregoingParty seeking such disclosure first provides the other Party a copy of the proposed disclosure, and provided further that (i) except to the extent Company that the Party seeking disclosure is required by law in connection to disclose such information to comply with applicable Law) if the registration other Party demonstrates to the reasonable satisfaction of any of its securities to make a the Party seeking disclosure, Company within two (2) business days of such Party’s providing the copy, that the public disclosure of previously undisclosed information will materially adversely affect the pre-commercialization or commercialization of a Product being pre-commercialized or commercialized in the applicable Territory, the Party seeking disclosure will remove from the disclosure such specific previously undisclosed information as the other Party shall provide MSD with reasonable opportunity reasonably request to review be removed. (c) The Parties agree that after a public disclosure pursuant to Sections 7.3 (a) (b) or (c) has been reviewed and comment on any such disclosure and shall consider such comments in good faithapproved by the other Party, in each case, prior to any such disclosure in connection with such registration and (ii) on the disclosing Party may make subsequent public disclosures or about the Effective Date, Company will issue a press release disclosing the same content as was contained in such public disclosure without having to obtain the form attached hereto as Schedule 4.4 to announce the execution of this Agreement. *** Certain information, as identified by [***], has been excluded from this agreement because it is both (i) not material other Party’s prior consent and (ii) would be competitively harmful if publicly disclosedapproval.

Publicity/Use of Names. No 10.5.1 Upon execution of this Agreement, Codexis shall issue the press release mutually agreed upon by the Parties and set forth in Exhibit 10.5. 1. Any disclosure that is required by Applicable Law (including the Securities Act of 1933, as amended, and the existenceSecurities Exchange Act of 1934, as amended), or the termsrules of a securities exchange or the Securities and Exchange Commission or the securities regulations of any state or other jurisdiction, of this Agreement may be made by either PartyCodexis or Merck; provided that any such required disclosure will not contain any Information of, respectively, Merck or Codexis and, if disclosure of such information is required by Applicable Law or such rules or regulations, the Parties will comply with Sections 10.2 and 10.5, as applicable, and no Party shall will use the name, trademark, trade name reasonable efforts to minimize such disclosure and obtain confidential treatment for any such information that is disclosed to a governmental agency. Codexis may publicly disclose any information that has previously been disclosed in accordance with this Section 10.5.1 without any requirement to receive Merck’s approval thereof or logo to provide Merck with an opportunity to review such disclosure. 10.5.2 Codexis agrees to provide to Merck a copy of the other Party, its Affiliates or their respective employee(s) in any publicity, promotion, news release or disclosure relating to public announcement regarding this Agreement or the subject matter thereof within a reasonable period of time under the circumstances prior to its subject matterscheduled release, which period of time shall not be less than fifteen (15) Business Days where practicable, for Merck’s review. Except as otherwise required by Applicable Law, Codexis shall remove any Information of Merck that Merck deems to be inappropriate for disclosure. Codexis agrees not to use the name or trademark of Merck, its Affiliates, or its employees, without the prior express written permission consent of the other PartyMerck, except (a) as that Codexis may disclose that Merck is a licensee of Codexis hereunder. 10.5.3 Merck may make public announcements and publications regarding any Merck Developed API or Therapeutic Product in its sole discretion, and such announcement or publication shall not be required by law including securities laws in connection with any registration of Company securities (providedsubject to this Section 10.5. In addition, that, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for the terms of the Agreement to the extent permitted by applicable laws Merck may publish scientific papers Execution Version and regulations as determined by such Party), (b) in confidence to its legal and financial advisors to the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loanmake scientific presentations; provided, thathowever, in each case, that such disclosees are bound by written obligations publications and presentations do not include the Information of confidentiality consistent with the confidentiality obligations of this Agreement, and the disclosing Party shall be responsible for any breach by any such disclosee of the confidentiality obligations of this Agreement. Notwithstanding the foregoing, (i) to the extent Company is required by law in connection with the registration of any of its securities to make a disclosure, Company shall provide MSD with reasonable opportunity to review and comment on any such disclosure and shall consider such comments in good faith, in each case, prior to any such disclosure in connection with such registration and (ii) on or about the Effective Date, Company will issue a press release in the form attached hereto as Schedule 4.4 to announce the execution of this Agreement. *** Certain information, as identified by [***], has been excluded from this agreement because it is both (i) not material and (ii) would be competitively harmful if publicly disclosedCodexis.

Publicity/Use of Names. No disclosure (a) Each of the existence, or Parties agrees not to disclose to any Third Party the terms, terms and conditions of this Agreement may be made by either Party, and no Party shall use the name, trademark, trade name or logo of the other Party, its Affiliates or their respective employee(s) in any publicity, promotion, news release or disclosure relating to this Agreement or its subject matter, without the prior express written permission approval of the other Party, except to (ai) as may be advisors (including consultants, financial advisors, attorneys and accountants), (ii) bona fide potential and existing investors and acquirers on a need to know basis, in each case under circumstances that reasonably protect the confidentiality thereof, (iii) to the extent necessary to comply with the terms of agreements with Third Parties, or (iv) to the extent required by law Applicable Laws, including securities laws in connection with any registration of Company securities (provided, that, the disclosing party shall seek confidential treatment, or a protective order, as applicable, for the terms of the Agreement to the extent permitted by applicable laws and regulations as determined by such Party), (b) in confidence to its legal and financial advisors to the extent such disclosure is reasonably necessary in connection with such Party's activities in connection with this Agreement and (c) to any bona fide potential or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loan; provided, that, in each case, such disclosees are bound by written obligations of confidentiality consistent with the confidentiality obligations of this Agreement, and the disclosing Party shall be responsible for any breach by any such disclosee of the confidentiality obligations of this Agreementregulations. Notwithstanding the foregoing, (ithe Parties must agree upon the initial press release(s) to the extent Company is required by law in connection with the registration of any of its securities to make a disclosure, Company shall provide MSD with reasonable opportunity to review and comment on any such disclosure and shall consider such comments in good faith, in each case, prior to any such disclosure in connection with such registration and (ii) on or about the Effective Date, Company will issue a press release in the form attached hereto as Schedule 4.4 to announce the execution of this Agreement; thereafter, Paratek and Zai may each disclose to Third Parties the information contained in such press release(s) without the need for further approval by the other. (b) The Parties acknowledge the importance of supporting each other’s efforts to publicly disclose results and significant developments regarding a Licensed Product for use in the Field in the Territory and other activities in connection with this Agreement, beyond what may be strictly required by Applicable Laws and the rules of a recognized stock exchange, and Zai may make such disclosures from time to time with respect to the Licensed Product with the approval of Paratek, which approval will not be unreasonably withheld, conditioned or delayed. *** Certain informationSuch disclosures may include achievement of significant events in the Development (including regulatory process) or Commercialization of a Licensed Product for use in the Field in the Territory. Unless otherwise requested by the applicable Party, each Party will indicate that Paratek is the licensor of a Licensed Product, Paratek Patents, and Paratek Know-How, as identified applicable, in each public disclosure issued by [***]such Party regarding a Licensed Product. When Zai elects to make any public disclosure under this Section 10.3(b), has been excluded from this agreement because it is both will give Paratek reasonable notice to review and comment on such statement, it being understood that (i) if Paratek does not material notify Zai in writing within [* * *] days or such shorter period if required by Applicable Laws of any reasonable objections, as contemplated in this Section 10.3(b), such disclosure will be deemed approved, and (ii) if Paratek does notify Zai in writing within the time period set forth in clause (i) above, and reasonably determines that such public disclosure would entail the public disclosure of Paratek’s Confidential Information or of patentable inventions upon which patent applications should be competitively harmful if publicly disclosedfiled prior to such public disclosure, such public disclosure will be delayed for such period as may be reasonably necessary for deleting any such Confidential Information of Paratek, or the drafting and filing of a patent application covering such inventions, provided such additional period will not exceed [* * *] days from the proposed date of the public disclosure, and, in any event, Paratek will work diligently and reasonably to agree on the text of any proposed disclosure in an expeditious manner. The principles to be observed in such disclosures will be accuracy, compliance with Applicable Laws and regulatory guidance documents, and reasonable sensitivity to potential negative reactions of applicable Regulatory Authorities.

Publicity/Use of Names. No Subject to Section 12.2 and the rest of this Section 12.4, no disclosure of the existence, or the terms, terms of this Agreement may be made by either PartyParty or its Affiliates, and no Party shall use the name, trademark, trade name or logo of the other Party, its Affiliates or their respective employee(s) in any publicity, promotion, news release or other public disclosure relating to this Agreement or its subject matter, without the prior express written permission of the other Party, except (a) as may be required by law Law. (a) A Party may disclose this Agreement and its terms in securities filings with the Securities Exchange Commission or other regulatory agency (“SEC”) (or equivalent foreign agency, including securities laws in connection with any registration of Company securities (provided, that, the disclosing party shall seek confidential treatment, Israel Securities Authority or a protective order, as applicable, for the terms of the Agreement Tel Aviv Stock Exchange) to the extent permitted required by applicable laws and regulations as determined by Law after complying with the procedure set forth in this Section 12.4. In such Party)event, (b) in confidence to its legal and financial advisors to the extent Party seeking such disclosure is reasonably necessary in connection with such Party's activities in connection with will prepare a draft confidential treatment request and a proposed redacted version of this Agreement and (c) to any bona fide potential or actual financial investor or lender (but not including any corporate pharmaceutical venture groups), acquirer or merger partner request confidential treatment for the sole purpose of evaluating an actual or potential investment, acquisition, merger or loan; provided, that, in each case, such disclosees are bound by written obligations of confidentiality consistent with the confidentiality obligations of this Agreement, and the disclosing other Party agrees to promptly (and in any event, no more than seven (7) days after receipt of such confidential treatment request and proposed redactions (or such lesser period of time as required by Law)) give its input in a reasonable manner in order to allow the Party seeking disclosure to file its request within the time lines proscribed by applicable SEC regulations or equivalent foreign agency regulations. The Party seeking such disclosure shall exercise Commercially Reasonable Efforts to obtain confidential treatment of the Agreement from the SEC or equivalent foreign agency as represented by the redacted version reviewed by the other Party. (b) Further, each Party acknowledges that the other Party may be legally required to make public disclosures (including in filings with the SEC or other agency) of the execution and delivery of this Agreement as well as certain material developments or material information generated under this Agreement and agrees that each Party may make such disclosures as required by Law, provided that the Party seeking such disclosure first provides the other Party a copy of the proposed disclosure, and provided further that (except to the extent that the Party seeking disclosure is required to disclose such information to comply with applicable Law) if the other Party demonstrates to the reasonable satisfaction of the Party seeking disclosure, within [***] business days of such Party’s providing the copy, that the public disclosure of previously undisclosed information will materially adversely affect the pre-commercialization or commercialization of a Product being pre-commercialized or commercialized in the applicable Territory, the Party seeking disclosure will remove from the disclosure such specific previously undisclosed information as the other Party shall reasonably request to be responsible for any breach by any such disclosee of the confidentiality obligations of this Agreement. removed. (c) Notwithstanding the foregoing, and subject to BioLineRx’s obligations under Section 9.1 of the Upstream Agreement (iif applicable), the Parties will agree on language of one or more press releases announcing this Agreement. (d) During the Term, and subject to Section 14.2 of the extent Company is required by law in connection with Upstream Agreement and Section 12.4(c) above, each Party shall have the registration of any of its securities right to issue a press release or make a disclosurepublic announcement concerning the material terms of this Agreement or the Pre-Commercialization or Commercialization under this Agreement, Company such as announcing the commencement and completion of clinical studies for the Products in countries of the Cypress Territory, the filing and obtaining of Regulatory Approvals for the Products in countries of the Cypress Territory, the First Commercial Sale of the Products in countries of the Cypress Territory, and the publication of data and results in accordance with Section 12.3. If a Party desires to issue such a press release or make such a public announcement, it shall provide MSD the other Party with reasonable opportunity advance notice of the content thereof. The other Party shall have the right to review and comment on any such proposed press release or announcement and the Party proposing such press release or public announcement shall take into consideration and incorporate when appropriate the comment from the other Party. (e) The Parties agree that after a public disclosure pursuant to Sections 12.4(a). (b), (c) or (d) has been reviewed and shall consider such comments in good faithapproved by the other Party, in each case, prior to any such disclosure in connection with such registration and (ii) on the disclosing Party may make subsequent public disclosures or about the Effective Date, Company will issue a press release disclosing the same content as was contained in such public disclosure without having to obtain the form attached hereto as Schedule 4.4 other Party’s prior consent and approval. Cypress acknowledges that BioLineRx is required to announce furnish the execution Upstream Licensors a fully executed copy of this Agreement. *** Certain information, as identified by [***]promptly after the Execution Date, has been excluded from this agreement because it is both (i) not material and (ii) would be competitively harmful if publicly disclosedpursuant to Section 5.2.3 of the Upstream Agreement.