Common use of Unauthorized marking of data Clause in Contracts

Unauthorized marking of data. If any Data delivered by Developer to In-Q-Tel bear any restrictive markings not authorized by this Exhibit 4, In-Q-Tel or the Government may at any time either return the Data to Developer or In-Q-Tel Proprietary -23- *** Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. CONTRACT NUMBER: Nanosys DA-01 cancel or ignore the markings.

Unauthorized marking of data. If any Data delivered by Developer to In-Q-Tel bear any restrictive markings not authorized by this Exhibit 4, In-Q-Tel or the Government may at any time either return the Data to Developer or In-Q-Tel Proprietary -23- *** Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. CONTRACT NUMBER: Nanosys DA-01 [*** Redacted] cancel or ignore the markings.