Common use of Specific formalities Clause in Contracts

Specific formalities. Each sublicense granted according to the provisions of Article 9.8.4 shall be made by a traceable agreement specifying and protecting the proprietary rights of the Party or Parties concerned. Section 10: Non-disclosure of information 10.1 All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. 10.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the EC-GA, for a period of 5 years after the end of the Project: 10.3 The Recipients shall be responsible for the fulfilment of the above obligations on the part of their employees and shall ensure that their employees remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employment. 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care. 10.6 Each Party shall promptly advise the other Party in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. 10.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure 10.8 The confidentiality obligations under this Consortium Agreement and the EC-GA shall not prevent the communication of Confidential Information to the European Commission.

Specific formalities. Each sublicense granted according to the provisions of Article 9.8.4 shall be made by a traceable agreement specifying and protecting the proprietary rights of the Party or Parties concerned. Section 10: Non-disclosure of information 10.1 information All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. 10.2 . The Recipients hereby undertake in addition and without prejudice to any commitment of non-non- disclosure under the EC-GAGrant Agreement, for a period of 5 years after the end of the Project: 10.3 : not to use Confidential Information otherwise than for the purpose for which it was disclosed; not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes only. The Recipients shall be responsible for the fulfilment of the above obligations on the part of their employees and shall ensure that their employees remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employment. 10.4 . The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: 10.5 : the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; the disclosure or communication of the Confidential Information is foreseen by provisions of the Grant Agreement; the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or the Confidential Information was already known to the Recipient prior to disclosure. The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care. 10.6 . Each Party shall promptly advise the other Party in writing of any unauthorised disclosure, misappropriation or misuse by any person of Confidential Information as soon as practicable after it becomes aware of such unauthorised disclosure, misappropriation or misuse. 10.7 . If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure 10.8 disclosure notify the Disclosing Party, and comply with the Disclosing Party’s reasonable instructions to protect the confidentiality of the information. The confidentiality obligations under this Consortium Agreement and the EC-GA Grant Agreement shall not prevent the communication of Confidential Information to the European Commission.

Specific formalities. Each sublicense granted according to the provisions of Article Section 9.8.4 shall be made by a traceable agreement specifying and protecting the proprietary rights of the Party or Parties concerned. Section 10: Non-disclosure of information 10.1 All information in whatever form or mode of transmissioncommunication, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”” at the time of disclosure, or when disclosed orally, orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 fifteen (15) calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. 10.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-non- disclosure under the EC-GAGrant Agreement, for a period of 5 four (4) years after the end of the Project:: - not to use Confidential Information otherwise than for the purpose for which it was disclosed; - not to disclose Confidential Information to any third party (other than to its Affiliated Entities) without the prior written consent by the Disclosing Party, wherein the Recipient must ensure that an arrangement is in place prior to such disclosure that subjects Affiliated Entities to provisions at least as strict as provided in this Section 10; - to ensure that internal distribution of Confidential Information by a Recipient and its Affiliated Entities shall take place on a strict need-to-know basis; and - to return to the Disclosing Party or to destroy on written demand of the Disclosing Party all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. The Recipients may keep a copy to the extent it is required to keep, archive or store such Confidential Information because of compliance with applicable laws and regulations or for the proof of on-going obligations. 10.3 The Recipients shall be responsible for the fulfilment of the above obligations on the part of their employees employees, Affiliated Entities or third parties involved in the Project and shall ensure that their employees they remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employmentthe contractual relationship with the employee or third party. 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that:: - the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidence to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Grant Agreement; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or - the Confidential Information was already known to the Recipient prior to disclosure without any obligation of confidence to the Disclosing Party; or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section 10.7 hereunder. 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care. 10.6 Each Party shall promptly advise the other Party in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. 10.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it that Party shall, to the extent it is lawfully able to do so, prior to any such disclosure 10.8 The : - notify the Disclosing Party, and - comply with the Disclosing Party’s reasonable instructions to protect the confidentiality obligations under this Consortium Agreement and of the EC-GA shall not prevent the communication of Confidential Information to the European CommissionInformation.

Specific formalities. Each sublicense sub-licence granted according to the provisions of Article Section 9.8.4 of this CA where possible shall be made by a traceable written agreement specifying and protecting the proprietary rights of the Party or Parties concerned. Section 10: Non-disclosure of informationConfidential Information 10.1 All information in of whatever nature or form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation Action after the Effective Date, and which has been explicitly which: (a) if disclosed in tangible form, was marked as “confidential”, or when confidential at the time of such disclosure; or (b) if disclosed orally, has been is identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 30 calendar days from oral disclosure at the latest disclosure.; or (c) which a reasonable person would expect to be or treat as confidential information by the Disclosing Party, is “herein referred to as "Confidential Information”". 10.2 The Recipients Recipient hereby undertake in addition and without prejudice to any commitment of non-disclosure under the EC-GAundertakes, for a period of 5 five (5) years after the end of the ProjectAction: 10.3 The Recipients shall be responsible (a) not to use Confidential Information otherwise than for the fulfilment purpose for which it was disclosed; (b) not to disclose Confidential Information to any third party other than its Affiliated Entities or under Have Made and Having Used Rights without the prior written consent by the Disclosing Party, wherein the Recipient must ensure that an arrangement is in place prior to such disclosure that subjects the Affiliated Entities and/or or under Have Made and Having Used Rights to provisions at least as strict as provided in this Section 10; (c) to apply for the security of Confidential Information at least the same degree of care as it applies for the security of its own Confidential Information (but in any case shall apply not less than reasonable care); and (d) to ensure that internal distribution of Confidential Information by a Recipient, its Affiliated Entities and Subcontractors Third Parties shall take place on a need-to-know basis.; (e) except to the extent expressly set forth herein, not to test, disassemble, radiograph, reverse engineer or otherwise analyze any sample provided by the Disclosing Party under this CA; (f) to comply with the instructions of the above obligations on Disclosing Party with respect to the part return or destruction of their employees and shall ensure that their employees remain so obligedConfidential Information including all copies thereof, as far as legally possibleat any time, including during and after the end period of time in which this CA is in force; (g) to inform the Project and/or after the termination Disclosing Party immediately upon becoming aware of employment.or suspecting any fact or circumstance which would constitute a breach of this Agreement; 10.4 10.3 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: 10.5 The Recipient shall apply the same degree of care with regard to (a) the Confidential Information disclosed within the scope has become publicly available by means other than a breach of the Project as Recipient’s confidentiality obligations; (b) the Disclosing Party has informed the Recipient that the Confidential Information is no longer confidential; (c) the Confidential Information has been communicated to the Recipient without any obligation of confidence by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidence to the Disclosing Party; (d) the Confidential Information was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or (e) the Confidential Information was already known to the Recipient prior to disclosure without any obligation of confidence to the Disclosing Party; or (f) the Recipient is required to disclose the Confidential Information in order to comply with its own confidential and/or proprietary informationapplicable laws or regulations or with a court or administrative order, but in no case less than reasonable caresubject to the provisions of Section 10.5 hereunder. 10.6 10.4 Each Party Recipient shall promptly advise the other Disclosing Party in writing of any unauthorised unauthorized disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misusethereof. 10.7 10.5 If any Party Recipient becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure 10.8 The disclosure (i) notify the Disclosing Party, and (ii) comply with the Disclosing Party’s reasonable instructions to protect the confidentiality obligations under this Consortium Agreement and of the EC-GA shall not prevent the communication of Confidential Information to the European CommissionInformation.

Specific formalities. Each sublicense sublicence granted according to the provisions of Article 9.8.4 shall be made by a traceable agreement specifying and protecting the proprietary rights of the Party or Parties concerned. Section 10: Non-disclosure of information 10.1 All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. 10.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the EC-GA, for a period of 5 years after the end of the Project: (a) not to use Confidential Information otherwise than for the purpose for which it was disclosed; (b) not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; (c) to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and (d) to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes only. 10.3 The Recipients shall be responsible for the fulfilment of the above obligations on the part of their employees and shall ensure that their employees remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employment. 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: (a) the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; (b) the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; (c) the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; (d) the disclosure or communication of the Confidential Information is foreseen by provisions of the EC-GA; (e) the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or (f) the Confidential Information was already known to the Recipient prior to disclosure. 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care. 10.6 Each Party shall promptly advise the other Party in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. 10.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure (a) notify the Disclosing Party, and (b) comply with the Disclosing Party’s reasonable instructions to protect the confidentiality of the information. 10.8 The confidentiality obligations under this Consortium Agreement and the EC-GA shall not prevent the communication of Confidential Information to the European Commission.

Specific formalities. Each sublicense sub-licence granted according to the provisions of Article 9.8.4 Section 9.11.4 of this CA where possible shall be made by a traceable written agreement specifying and protecting the proprietary rights of the Party or Parties concerned. Section 10: Non-disclosure of informationConfidential Information 10.1 All information in whatever form or mode of transmissioncommunication, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as is, when disclosed in writing, clearly labelled “confidential”CONFIDENTIAL” or, or when disclosed orally, has been identified is designated as to constituting confidential information at the time of disclosure and has been as well as confirmed and designated in writing within 15 as to constituting confidential information fifteen (15) days from oral after the date of disclosure at the latest as confidential information by latest, in connection with the Disclosing Party, Action during its implementation is “Confidential Information”. 10.2 The Recipients Recipient hereby undertake in addition and without prejudice to any commitment of non-disclosure under the EC-GAundertakes, for a period of 5 4 years after the end of the ProjectAction: 10.3 a) not to use Confidential Information otherwise than for the limited purpose for which it was disclosed; b) not to disclose Confidential Information to any third party other than its Affiliated Entities and Subcontractors without the prior written consent by the Disclosing Party, wherein the Recipient must ensure that an arrangement is in place prior to such disclosure that subjects the Affiliated Entities and/or Subcontractors to provisions at least as strict as provided in this Section 10; c) to apply for the security of Confidential Information at least the same degree of care as it applies for the security of its own Confidential Information (but, in any case shall apply not less than reasonable care); and d) to ensure that internal distribution of Confidential Information by a Recipient, its Affiliated Entities and Subcontractors shall take place on a need-to-know basis; e) to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. The Recipients shall be responsible may however archive, copy and/or otherwise store Confidential Information to the extent it is required to do so because of compliance with applicable laws and regulations or for the fulfilment proof of the above obligations on the part of their employees and shall ensure that their employees remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employmenton-going obligations. 10.4 10.3 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: 10.5 The Recipient shall apply the same degree of care with regard to (a) the Confidential Information disclosed within the scope has become publicly available by means other than a breach of the Project as Recipient’s confidentiality obligations or any other confidentiality undertaking; (b) the Disclosing Party has informed the Recipient that the Confidential Information is no longer confidential; (c) the Confidential Information has been communicated to the Recipient without any obligation of confidence by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidence to the Disclosing Party; (d) the Confidential Information was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or (e) the Confidential Information was already known to the Recipient prior to disclosure without any obligation of confidence to the Disclosing Party or (f) the Recipient is required to disclose the Confidential Information in order to comply with its own confidential and/or proprietary information, but in no case less than reasonable careapplicable laws or regulations or with a court or administrative order. 10.6 10.4 Each Party Recipient shall promptly advise the other Disclosing Party in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misusethereof. 10.7 10.5 If any Party Recipient becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosuredisclosure (i) notify the Disclosing Party, and (ii) comply with the Disclosing Party’s reasonable instructions to protect the confidentiality of the Confidential Information. 10.8 The confidentiality 10.6 the Recipients (including Affiliated Entities and Subcontractors) shall be responsible for the fulfilment of the above obligations under this Consortium Agreement on the part of their employees and shall ensure that their employees remain so obliged, as far as legally possible, during and after the EC-GA shall not prevent end of the communication Action and/or after the termination of Confidential Information to the European Commissionemployment.

Specific formalities. Each sublicense granted according to the provisions of Article 9.8.4 shall be made by a traceable agreement specifying and protecting the proprietary rights of the Party or Parties concerned. Section 10: Non-disclosure of information 10.1 All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. 10.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the EC-GA, during and for a period of 5 years after the end of the Project: (a) not to use Confidential Information otherwise than for the purpose for which it was disclosed; (b) not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; (c) to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and (d) to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. If needed for the recording of ongoing obligations, the Recipients may however request to keep a copy for archival purposes only. 10.3 The Recipients shall be responsible for the fulfilment of the above obligations on the part of their employees and shall ensure that their employees remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employment. 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: (a) the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; (b) the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; (c) the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is in lawful possession thereof and under no obligation of confidence to the Disclosing Party; (d) the disclosure or communication of the Confidential Information is foreseen by provisions of the EC-GA; (e) the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or (f) the Confidential Information was already known to the Recipient prior to disclosure or (g) the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Art. 10.7 hereunder. 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care. 10.6 Each Party shall promptly advise the other Party in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. 10.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure (a) notify the Disclosing Party, and (b) comply with the Disclosing Party’s reasonable instructions to protect the confidentiality of the information. 10.8 The confidentiality obligations under this Consortium Agreement and the EC-GA shall not prevent the communication of Confidential Information to the European Commission.

Specific formalities. Each sublicense granted according to the provisions of Article Section 9.8.4 shall be made by a traceable agreement specifying and protecting the proprietary rights of the Party or Parties concerned. Section 10: Non-disclosure of information 10.1 All information in whatever form or mode of transmissioncommunication, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”” at the time of disclosure, or when disclosed orally, orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. 10.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the EC-GAGrant Agreement, for a period of 5 4 years after the end of the Project:: not to use Confidential Information otherwise than for the purpose for which it was disclosed; not to disclose Confidential Information to any third party without the prior written consent by the Disclosing Party; to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and to return to the Disclosing Party on demand all Confidential Information which has been supplied to or acquired by the Recipients including all copies thereof and to delete all information stored in a machine readable form. The Recipients may keep a copy to the extent it is required to keep, archive or store such Confidential Information because of compliance with applicable laws and regulations or for the proof of on-going obligations. 10.3 The Recipients shall be responsible for the fulfilment of the above obligations on the part of their employees or third parties involved in the Project and shall ensure that their employees they remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employmentthe contractual relationship with the employee or third party. 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that:: the Confidential Information becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; the Confidential Information is communicated to the Recipient without any obligation of confidence by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidence to the Disclosing Party; the disclosure or communication of the Confidential Information is foreseen by provisions of the Grant Agreement; the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; or the Confidential Information was already known to the Recipient prior to disclosure or the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section 10.7 hereunder. 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care. 10.6 Each Party shall promptly advise the other Party in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. 10.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure 10.8 The disclosure - notify the Disclosing Party, and - comply with the Disclosing Party’s reasonable instructions to protect the confidentiality obligations under this Consortium Agreement and of the EC-GA shall not prevent the communication of Confidential Information to the European Commissioninformation.

Specific formalities. Each sublicense granted according to the provisions of Article 9.8.4 shall be made by a traceable agreement specifying and protecting the proprietary rights of the Party or Parties concerned. Section 10: Non-disclosure of information 10.1 All information in whatever form or mode of transmission, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”, or when disclosed orally, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. 10.2 The Recipients hereby undertake in addition and without prejudice to any commitment of non-disclosure under the EC-GA, for a period of 5 years after the end of the Project: 10.3 The Recipients shall be responsible for the fulfilment of the above obligations on the part of their employees employees, consultants and subcontractors and shall ensure that their employees employees, consultants and subcontractors remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employment. 10.4 The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that: 10.5 The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care. 10.6 Each Party shall promptly advise the other Party in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. 10.7 If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure 10.8 The confidentiality obligations under this Consortium Agreement and the EC-GA shall not prevent the communication of Confidential Information to the European Commission.

Specific formalities. Each sublicense granted according to the provisions of Article Section 9.8.4 shall be made by a traceable agreement specifying and protecting the proprietary rights of the Party or Parties concerned. Section 10. Section: Non-disclosure of information 10.1 10.1. All information in whatever form or mode of transmissioncommunication, which is disclosed by a Party (the “Disclosing Party”) to any other Party (the “Recipient”) in connection with the Project during its implementation and which has been explicitly marked as “confidential”” at the time of disclosure, or when disclosed orally, orally has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within 15 calendar days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. 10.2 10.2. The Recipients hereby undertake in addition and without prejudice to any commitment of on non-disclosure under the EC-GAGrand Agreement, for a period of 5 4 years after the end of the Project: 10.3 : - Not to use Confidential Information otherwise than for the purpose for which it was disclosed; - not to disclose Confidential Information without the prior written consent by the Disclosing Party; - to ensure that internal distribution of Confidential Information by a Recipient shall take place on a strict need-to-know basis; and - to return to the Disclosing Party, or destroy, on request all Confidential Information that has been disclosed to the Recipients including all copies thereof and to delete all information stored in a machine readable form to the extent practically possible. The Recipients may keep a copy to the extent it is required to keep, archive or store such Confidential Information because of compliance with applicable laws and regulations or for the proof of on-going obligations provided that the Recipient comply with the confidentiality obligations herein contained with repsect to such copy for as long as the copy is retained. 10.3. The recipients shall be responsible for the fulfilment of the above obligations on the part of their employees or third parties involved in the Project and shall ensure that their employees they remain so obliged, as far as legally possible, during and after the end of the Project and/or after the termination of employmentthe contractual relationship with the employee or third party. 10.4 10.4. The above shall not apply for disclosure or use of Confidential Information, if and in so far as the Recipient can show that:: - the Confidential Information has become or becomes publicly available by means other than a breach of the Recipient’s confidentiality obligations; - the Disclosing Party subsequently informs the Recipient that the Confidential Information is no longer confidential; - the Confidential Information is communicated to the Recipient without any obligation of confidentiality by a third party who is to the best knowledge of the Recipient in lawful possession thereof and under no obligation of confidentiality to the Disclosing Party; - the disclosure or communication of the Confidential Information is foreseen by provisions of the Grant Agreement; - the Confidential Information, at any time, was developed by the Recipient completely independently of any such disclosure by the Disclosing Party; - the Confidential Information was already known to the Recipient prior to disclosure, or - the Recipient is required to disclose the Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, subject to the provision Section 10.7 hereunder. 10.5 10.5. The Recipient shall apply the same degree of care with regard to the Confidential Information disclosed within the scope of the Project as with its own confidential and/or proprietary information, but in no case less than reasonable care. 10.6 10.6. Each Party shall promptly advise the other Party in writing of any unauthorised disclosure, misappropriation or misuse of Confidential Information after it becomes aware of such unauthorised disclosure, misappropriation or misuse. 10.7 10.7. If any Party becomes aware that it will be required, or is likely to be required, to disclose Confidential Information in order to comply with applicable laws or regulations or with a court or administrative order, it shall, to the extent it is lawfully able to do so, prior to any such disclosure 10.8 The disclosure - notify the Disclosing Party, and - comply with the Disclosing Party’s reasonable instructions to protect the confidentiality obligations under this Consortium Agreement and of the EC-GA shall not prevent the communication of Confidential Information to the European CommissionInformation.