Common use of Use and Disclosure of Confidential Information Clause in Contracts

Use and Disclosure of Confidential Information. 2.1 Recipient shall only use the Confidential Information internally solely for the purpose of evaluating a potential business relationship between Recipient and Aegerion (the “Permitted Purpose”). Recipient must keep secret and shall never, without the prior written consent of Aegerion, directly or indirectly, disclose, publish, divulge, furnish or make accessible to anyone all or any portion of the Confidential Information, other than furnishing such Confidential Information to (a) Recipient’s employees and consultants who are required to have access to such Confidential Information in connection with the Permitted Purpose, and (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. 2.2 Recipient shall use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 Recipient (a) Each Receiving Party shall only use and disclose the Confidential Information internally solely of a Disclosing Party only for the purpose of evaluating a potential business relationship between Recipient and Aegerion (the “Permitted Purpose”). Recipient must keep secret and shall never, without the prior written consent of Aegerion, directly performing its obligations or indirectly, disclose, publish, divulge, furnish enforcing or make accessible to anyone all or any portion of the Confidential Information, other than furnishing such Confidential Information to (a) Recipient’s employees and consultants who are required to have access to such Confidential Information in connection with the Permitted Purpose, and (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. 2.2 Recipient shall use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect exercising its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of rights under this Agreement with respect to the Program or as otherwise expressly permitted by this Agreement, and shall not accumulate in any way or make use of such Confidential Information for any other purpose. For the avoidance of Aegerion in Recipient’s possession; (b) subsequent doubt, the foregoing is not intended to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in restrict or prohibit the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of Parties from disclosing the Confidential Information of Aegerion in any of Recipient’s products, processes a Disclosing Party with and among the Parties or services, to restrict or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of prohibit the Parties from disclosing the Confidential Information of the Disclosing Party with respect to coordination of the Program with the program of the Prime Bank. No Receiving Party shall use any Confidential Information of any Disclosing Party for the benefit of any product or program owned or operated by such Receiving Party that is competitive with any product or service of the Disclosing Party; provided that Cardholder Data shall be subject only to the use and disclosure terms expressly set forth in Article V hereof. (b) Each Receiving Party shall: (i) limit access to the Disclosing Party’s Confidential Information to those Representatives, service providers or vendors, prospective purchasers (and their respective Representatives) who have a reasonable need to access such Confidential Information, in connection with (A) this Agreement, the Program, or an Account, or (B) a potential sale of Program Assets or of any Receiving Party or its Affiliates, or (C) a potential merger, consolidation, acquisition or other transaction or financing arrangement involving a Receiving Party and/or its Affiliates, (ii) ensure that any Person with access to the Disclosing Party’s Confidential Information agrees to be bound by a confidentiality agreement consistent with the restrictions set forth in this Article VIII, and (iii) be liable to the Disclosing Party for any purpose other than for unauthorized use of or access to the Permitted PurposeDisclosing Party’s Confidential Information by any recipient from such Receiving Party.

Use and Disclosure of Confidential Information. 2.1 Recipient shall only The Receiving Party will not (i) use the any Confidential Information internally solely of the Disclosing Party in any way, for its own account or the account of any other person or entity, except for the purpose exercise of evaluating a potential business relationship between Recipient its rights and Aegerion performance of its obligations under this Agreement, or (the “Permitted Purpose”). Recipient must keep secret and shall never, without the prior written consent of Aegerion, directly ii) disclose any such Confidential Information to any person or indirectly, disclose, publish, divulge, furnish or make accessible to anyone all or any portion of the Confidential Informationentity, other than furnishing such Confidential Information to (a) Recipient’s its employees and consultants who are required to have access to such the Confidential Information in connection with the Permitted Purposeexercise of the Receiving Party’s rights and performance of its obligations under this Agreement, and (b) Recipient’s professional, licensed existing and prospective investors and/or acquirers that are contemplating a potential investment in or acquisition of the Receiving Party and professional advisers (i.e.e.g., lawyers and accountants), or (c) in each casethe case of Mascoma as the Receiving Party, during to a Third Party Licensor to the time that Recipient is permitted extent disclosed in this Agreement (but subject to retain such Confidential Information hereunderthe confidentiality obligations consistent with those contained in this Agreement) or to its Third Party or Mascoma Subsidiary licensees with respect to Field-related IP pursuant to Section 6.3; provided provided, however, that any and all such employees, consultants consultants, investors and acquirers and advisers, Third Party Licensors and licensees are bound by written agreements or, (or in the case of such lawyers and other professional advisersadvisors, ethical duties) to treat, respecting the hold and maintain such Confidential Information in accordance with the manner set forth in terms and conditions of this Agreement. 2.2 Recipient shall use at least reasonable care Section 7. The Receiving Party will not allow any unauthorized person access to the Disclosing Party’s Confidential Information, and adequate measures the Receiving Party will take all action reasonably necessary to protect the confidentiality of such Confidential Information, including implementing and enforcing procedures to minimize the possibility of unauthorized use or copying of such Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation of this AgreementInformation. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient the Receiving Party is required by law Applicable Law to make any disclosure of any of the Disclosing Party’s Confidential Information of AegerionInformation, by subpoena, judicial or administrative order or otherwise, Recipient shall the Receiving Party will first give written notice of such requirement to Aegerionthe Disclosing Party, and shall will permit Aegerion the Disclosing Party to intervene in any relevant proceedings to protect its interests in the such Confidential Information, and shall provide full reasonable cooperation and assistance to Aegerion the Disclosing Party in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 (a) Each Recipient shall only use and disclose the Confidential Information internally solely of the Discloser only for the purpose of evaluating a potential business relationship between Recipient and Aegerion (the “Permitted Purpose”). Recipient must keep secret performing its obligations or enforcing its rights with respect to any Program or as otherwise expressly permitted by this Agreement, and shall nevernot accumulate in any way, without the prior written consent of Aegerion, directly or indirectly, disclose, publish, divulge, furnish disclose or make accessible use of such Confidential Information for any other purpose. Each Recipient may disclose Confidential Information to anyone all the extent such Confidential Information is required to be disclosed by Applicable Law, including in the course of an examination by a Regulatory Authority; provided (i) that, except in connection with disclosure in the ordinary course of an examination by a Regulatory Authority, the Party subject to such Applicable Law shall notify the Discloser of any such use or requirement prior to disclosure of any portion Confidential Information obtained from the Discloser in order to afford the Discloser an opportunity to seek a protective order to prevent or limit disclosure of the Confidential Information, other than furnishing Information to third parties and (ii) that the Party subject to such Applicable Law shall disclose Confidential Information of the Discloser only to the extent required by such Applicable Law. (b) Each Recipient shall (i) limit access to the Discloser’s Confidential Information to (a) Recipient’s employees those employees, authorized agents, vendors, consultants, service providers and consultants subcontractors who are required have a reasonable need to have access to such Confidential Information in connection with the Permitted Purpose, Agreement and applicable Program(s); and (bii) Recipientensure that any person with access to the Discloser’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided is bound to maintain the confidentiality of Confidential Information and maintains the existence of this Agreement and the nature of their obligations hereunder strictly confidential. (c) Each Recipient agrees that any and all such employees, consultants are bound by written agreements or, in the case unauthorized use or disclosure of professional advisers, ethical duties, respecting the Confidential Information of the Discloser might cause immediate and irreparable harm to the Discloser for which money damages might not constitute an adequate remedy. In that event, the Recipient agrees that injunctive relief may be warranted in addition to any other remedies the manner set forth Discloser may have. In addition, the Recipient agrees promptly to advise the Discloser by telephone and in this Agreement. 2.2 Recipient shall writing via facsimile of any security breach that may have compromised any Confidential Information, of any unauthorized misappropriation, disclosure or use at least reasonable care and adequate measures to protect the confidentiality by any person of the Confidential Information of Aegerion the Discloser which may come to its attention and to ensure that any Confidential Information of Aegerion is not disclosed take all steps at its own expense reasonably requested by the Discloser to limit, stop or otherwise made available to other persons remedy such misappropriation, disclosure or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary informationuse. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 Recipient shall only use (a) Neither this Agreement nor information or documents constituting Confidential IUA Information that comes into the Confidential Information internally solely for possession of a Party by means of another Party in connection with the purpose performance of evaluating a potential business relationship between Recipient and Aegerion this Agreement may be used or communicated to Persons (other than the “Permitted Purpose”). Recipient must keep secret and shall never, Parties) without the prior written consent of Aegerionthe other Parties. (b) Notwithstanding clause 10.2(a), directly a Party shall have the right to disclose such information or indirectlydocuments without obtaining the other Parties’ prior consent in the following situations: to the extent any such information or document has entered the public domain other than through the fault or negligence of the Party making the disclosure; to accountants, discloseauditors, publishother professional consultants, divulgeadvisors or underwriters, furnish or make accessible provided that, such disclosure is solely to anyone assist the purpose for which the aforesaid were so engaged; to bona fide prospective other Users, purchasers and bona fide business, and assignees and bona fide prospective assignees of all or part of a Party’s interest in this Agreement; to legal counsel, provided that, such disclosure is solely to assist the purpose for which such legal counsel was so engaged; if required by any court of law or any Applicable Law, or if requested by a Governmental Authority having or asserting jurisdiction over a Party, or pursuant to the rules of any recognised stock exchange or regulatory agency established in connection therewith; provided, however, that if a Party reasonably considers a portion of this Agreement to be commercially sensitive, then the Confidential Informationdisclosing Party shall use its reasonable endeavours to ensure that such Governmental Authority or regulatory agency agrees to furnish the other Parties with an advance copy of any proposed release and related documents; to its Affiliates, other than furnishing its shareholders and partners, or its shareholders’ and partners’ Affiliates, provided that, such Confidential Information recipient entity has a bona fide business need for such information; to (a) Recipient’s employees and consultants who are required any Government Authorities to have access the extent such disclosure assists Terminal Operator in obtaining Authorisations; to such Confidential Information an expert or to an arbitration tribunal in connection with the Permitted Purposeresolution of a Dispute under clause 15, further, provided, that such Persons in clauses 10.2(b)(ii) to (viii) agree to hold such information or documents under terms of confidentiality equivalent to clause 10.2(a) and (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. 2.2 Recipient shall use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 The Recipient shall may only use the Confidential Information internally solely for the purpose of evaluating considering a potential business possible contractual or other relationship between Recipient you and Aegerion the Discloser (the “Permitted Purpose”). The Recipient must keep secret and shall never, without the prior written consent of Aegerion, directly or indirectly, never disclose, publish, divulge, furnish or make accessible to anyone all or any portion of the Confidential InformationInformation of the Discloser, directly or indirectly, other than furnishing such Confidential Information to (a) the Recipient’s employees and consultants who are required to have access to such Confidential Information in connection with the Permitted Purpose, and (b) Recipient’s professional, licensed professional advisers (i.e.e.g., lawyers and accountants), in each case, during the time that the Recipient is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants employees are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. 2.2 The Recipient shall not embody any of the Confidential Information of the Discloser in any of the Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in the Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose. 2.3 The Recipient shall use at least reasonable care and adequate measures to protect the confidentiality security of the Confidential Information of Aegerion the Discloser and to ensure that any Confidential Information of Aegerion the Discloser is not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 2.4 In the event that the Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerionthe Discloser, by subpoena, judicial or administrative order or otherwise, the Recipient shall first give written notice of such requirement to Aegerionthe Discloser, and shall permit Aegerion the Discloser to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion the Discloser in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 The Recipient shall only use the agrees that all Confidential Information internally will be held and maintained by it in the strictest confidence, will be used by it solely and exclusively for the purpose of evaluating evaluating, negotiating and implementing a potential business relationship between Restructuring, and will not, directly or indirectly, be used or disclosed by it for any other purpose whatsoever. CEDC acknowledges that Recipient is engaged in businesses similar to those conducted by CEDC and Aegerion (the “Permitted Purpose”)CEDC Group or other industries in the ordinary course of Recipient’s business. The Recipient must keep secret and will use reasonable care to maintain the confidentiality of Confidential Information, provided that such care shall neverbe at least as great as the precautions taken by the Recipient to protect its own confidential information of similar nature. 2.2 The Recipient agrees that it will not, without the prior written consent of AegerionCEDC, directly or indirectly, disclose, publish, divulge, furnish or make accessible to anyone disclose all or any portion of the Confidential Information, or the substance thereof, to any third party other than furnishing its Representatives in connection with the Purpose, except, subject to Section 2.3 below, to the extent required by applicable law or legal process. 2.3 The Recipient agrees that if the Recipient is required by any law, court or governmental order to disclose any Confidential Information, the Recipient will provide CEDC, to the extent practicable and legally permissible, with prompt written notice of such requirement so that CEDC or the applicable member of the CEDC Group may seek an appropriate protective order with respect thereto. If such an order is not obtained, only that portion of the Confidential Information shall be furnished that is legally required to be furnished, at the sole expense of CEDC or one of its Subsidiaries, and the Recipient shall exercise commercial efforts to obtain reliable assurances that confidential treatment will be accorded such Confidential Information Information. Notwithstanding the foregoing, notice to CEDC shall not be required where disclosure is made (ai) Recipient’s employees in response to a request by a regulatory or self-regulatory authority, or (ii) in connection with a routine audit or examination by a bank examiner or auditor, and consultants such request, audit or examination does not reference CEDC or this Agreement. 2.4 The Recipient shall ensure that each of its Representatives who are required to either provided with Confidential Information, or otherwise have access to such Confidential Information in connection with Information, are informed of its confidential nature and are directed to abide by the Permitted Purpose, and terms of this Agreement applicable to Representatives or appropriate duties or obligations of confidentiality imposing confidentiality obligations on such Representatives (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during except that there shall be no requirement to so inform where the time that Recipient Representative to whom the information is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants are bound by written agreements or, in the case of be disclosed is subject to professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. 2.2 Recipient shall use at least reasonable care and adequate measures obligations to protect maintain the confidentiality of the Confidential Information or is otherwise bound by requirements of Aegerion and confidentiality in relation to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 ). The Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of be liable for any breach of this Agreement with respect by the Recipient or its affiliates or Representatives. The Recipient shall use reasonable efforts to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent provide written notice to disclosure CEDC of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; use or (c) upon disclosure of Confidential Information by Aegerionin breach of this Agreement of which Recipient is aware, Recipient has prior knowledge including without limitation written details regarding the circumstances and the identity of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes individuals or services, entities who as a result received or duplicate or exploit any of may have received access to such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted PurposeInformation.

Use and Disclosure of Confidential Information. 2.1 Recipient 6.2.1 Client shall only use the PBM’s Confidential Information internally solely for the purpose of evaluating a potential business relationship between Recipient and Aegerion (the “Permitted Purpose”)Client’s administration of its Plan. Recipient must keep secret and Client shall nevernot, without the prior PBM’s advance written consent of Aegerion, directly consent: (1) use or indirectly, disclose, publish, divulge, furnish or make accessible to anyone all or any portion of the disclose PBM’s Confidential Information, or reports or summaries thereof, for any purpose other than furnishing such administering the Plan; (2) combine PBM’s Confidential Information with other data to create or add to any aggregated database that will or could be made available to any third party; (3) combine PBM’s Confidential Information provided for a particular purpose with PBM’s Confidential Information provided for another purpose; or (4) sell or disclose PBM’s Confidential Information to any other person or entity except as expressly permitted by this Article VI (aConfidentiality). 6.2.2 Client may disclose PBM’s Confidential Information to a Plan Contractor solely for the purpose of such Plan Contractor’s administration of services related to this Agreement, and may disclose only the minimum amount of PBM’s Confidential Information necessary for Client’s Plan Contractor to provide such services, provided that: (1) Recipient’s employees and consultants who are required each recipient needs to have access to know such Confidential Information in connection order to provide services to Client; (2) Client shall require the recipient to comply with the Permitted Purpose, restrictions contained in this Article VI (Confidentiality); and (b3) Recipientprior to such disclosure, each such third party shall enter into a confidentiality agreement (or an appropriate amendment to an existing one, as applicable) with PBM with respect to the planned disclosure. Client shall be responsible for any breach of this Article VI (Confidentiality) by any third party to which it provides PBM’s professional, licensed advisers Confidential Information. 6.2.3 This Agreement shall not be construed to restrict the use or disclosure of information that: (i.e., lawyers and accountants), in each case, during the time that Recipient 1) is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants are bound by written agreements or, in the case public knowledge other than as a result of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in a breach of this Agreement. 2.2 Recipient shall use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion ; (2) is independently developed by a Party not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting ; (3) is made available to a Party by any person other than the other Party, provided the source of the foregoingsuch information is not subject to any confidentiality obligations with respect to it; or, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient (4) is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, be disclosed pursuant to Law or judicial or administrative order or otherwiseprocess, Recipient shall first give written notice but only to the extent of such requirement required disclosures and after reasonable notice to Aegerion, the other Party. 6.2.4 PBM and PBM Affiliates shall permit Aegerion have the right to intervene in any relevant proceedings to protect its interests use and disclose Claim-related data collected in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware performance of any breach of services under this Agreement or any other agreement between the Parties, provided: (1) the data is de-identified in a manner consistent with respect to the Confidential Information requirements of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2HIPAA; or (c2) upon disclosure of Confidential Information by Aegerionthe data is used or disclosed for research, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or serviceshealth oversight activities, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.purposes permitted by Law; or

Use and Disclosure of Confidential Information. 2.1 (a) Each Recipient shall only use hold and maintain in confidence the Confidential Information internally solely of the Discloser and shall use and disclose such Confidential Information only for the purpose of evaluating a potential business relationship between performing its obligations or exercising or enforcing its rights under this Agreement or as otherwise expressly permitted by this Agreement and for no other purpose. Each Recipient and Aegerion (may disclose Confidential Information to the “Permitted Purpose”). Recipient must keep secret and shall never, without the prior written consent of Aegerion, directly or indirectly, disclose, publish, divulge, furnish or make accessible to anyone all or any portion of the Confidential Information, other than furnishing extent such Confidential Information to (a) Recipient’s employees and consultants who are is required to have access to such Confidential Information be disclosed by Applicable Law, including in the course of an examination by a Governmental Authority; provided, however, that (i) except in connection with disclosure in the Permitted Purposeordinary course of an examination by a Governmental Authority, and (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted party subject to retain such Applicable Law shall notify the Discloser of any such use or requirement prior to disclosure of any Confidential Information hereunder; provided that any and all such employees, consultants are bound by written agreements or, obtained from the Discloser in order to afford the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. 2.2 Recipient shall use at least reasonable care and adequate measures Discloser an opportunity to protect the confidentiality seek a protective order to prevent or limit disclosure of the Confidential Information to third Persons; and (ii) the party subject to such Applicable Law shall disclose Confidentiallnfonnation of Aegerion the Discloser only to the extent required by such Applicable Law. (b) Each Recipient shall (i) limit access to the Discloser's Confidential Infonnation to its Representatives who have a need to access such Confidential Infonnation in connection with this Agreement and to the Card Program; and (ii) ensure that any Person with access to the Discloser's Confidential lnfonnation is bound to maintain the confidentiality of Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting any of accordance with the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach terms of this Agreement with respect and all Applicable Law. If any security breach occurs that results in the disclosure, theft or other unauthorized access ofNPl as a result of an action or omission of College, its Affiliate or any third party to whom College has provided NPl, College agrees to pay all expenses associated with, and will reimburse Financial Payments for all expenses mCUlTCdby Financial Payments in connection with, the Confidential unauthorized access to cardholder Information of Aegerion in Recipient’s possessionor Cardholder Data Files. (c) Notwithstanding anything else contained herein, Financial Payments may disclose to any third party information regarding College and the Cardholder that Financial Payments believes is necessary to (i) complete or document Transactions initiated by a Cardholder; (bii) subsequent investigate possible unauthorized Tmnsactions; (iii) respond to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2Governmental Authority or Network inquiries or order; or (civ) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the samecomply with Applicable Law. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 Recipient shall only JANA and its Representatives xxxll use the Confidential Information internally solely for the purpose only with respect to evaluating JANA's investment in SOURCECORP, including to provide feedback to a JANA designee appointed to txx xoard of evaluating a potential business relationship between Recipient and Aegerion directors of SOURCECORP (the “Permitted Purpose”)"Board") in his capacity as a member of the Board. Recipient must keep secret and The Confidential Information shall never, not be used or exploited for any other purpose without the prior written consent of AegerionSOURCECORP. JANA and its Representatives xxxll hold in strict confidence, directly and shall not use or indirectlydisclose any Confidential Information, discloseexcept as is required by law in the written legal opinion, publishprovided to JANA, divulgeof JANA's outside counxxx (it being agreed that such exception shall not permit JANA to disclose Confidentiax Xxformation otherwise in violation of this Agreement merely by virtue of its desire to trade in SOURCECORP securities). JANA shall provide a copy of xxxh opinion to SOURCECORP upon request. In the event of any such disclosure pursuant to court order or governmental request, furnish JANA will provide SOURCECORP xxxh reasonable prior written notice so that SOURCECORP may seek a protective order or make accessible other appropriate remedy, and JANA shall exercise reasonabxx xest efforts to anyone all assist SOURCECORP at SOURCECORP's expense in obtaining such order or remedy. JANA shall disclose Confidenxxxx Information to its Representatives only on a need to know basis for the purpose specified herein. In any portion event, JANA shall be responsible fox xxy breach of this Agreement by any of its Representatives, and agrees, at its sole expense, to use reasonable best efforts to safeguard the Confidential Information and restrain its Representatives from any prohibited or unauthorized disclosure or use of the Confidential Information. In addition, other than furnishing JANA hereby acknowledges thax xxe federal securities laws, including Regulation FD thereof, may impose restrictions on its ability to purchase, sell, trade or otherwise transfer securities of SOURCECORP until such Confidential Information time as the material, non-public information provided by SOURCECORP to (a) Recipient’s employees JANA becomes publicly availaxxx or is no longer material and consultants who are required JANA further agrees hereby tx xxmply with all such restrictions. Nothing herein shall prevent a JANA designee appointed to have access to such txx Xoard from using Confidential Information in connection with his capacity as a member of the Permitted PurposeBoard. Nothing herein shall restrict communications between JANA and a JANA designee xppointex xx the Board, and (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain no such Confidential Information hereunder; provided that any and all such employees, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. 2.2 Recipient communication shall use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in be deemed a violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses SOURCECORP's policies applicable to protect Recipient’s own most valuable proprietary informationits directors. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 (a) Each Recipient shall only use and disclose the Confidential Information internally solely of the Discloser only for the purpose of evaluating a potential business relationship between Recipient and Aegerion (the “Permitted Purpose”). Recipient must keep secret performing its obligations or enforcing its rights with respect to any Program or as *** Confidential Treatment Requested otherwise expressly permitted by this Agreement, and shall nevernot accumulate in any way, without the prior written consent of Aegerion, directly or indirectly, disclose, publish, divulge, furnish disclose or make accessible use of such Confidential Information for any other purpose. Each Recipient may disclose Confidential Information to anyone all the extent such Confidential Information is required to be disclosed by Applicable Law, including in the course of an examination by a Regulatory Authority; provided (i) that, except in connection with disclosure in the ordinary course of an examination by a Regulatory Authority, the Party subject to such Applicable Law shall notify the Discloser of any such use or requirement prior to disclosure of any portion Confidential Information obtained from the Discloser in order to afford the Discloser an opportunity to seek a protective order to prevent or limit disclosure of the Confidential Information, other than furnishing Information to third parties and (ii) that the Party subject to such Applicable Law shall disclose Confidential Information of the Discloser only to the extent required by such Applicable Law. (b) Each Recipient shall (i) limit access to the Discloser’s Confidential Information to (a) Recipient’s employees those employees, authorized agents, vendors, consultants, service providers and consultants subcontractors who are required have a reasonable need to have access to such Confidential Information in connection with the Permitted Purpose, Agreement and applicable Program(s); and (bii) Recipientensure that any person with access to the Discloser’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided is bound to maintain the confidentiality of Confidential Information and maintains the existence of this Agreement and the nature of their obligations hereunder strictly confidential. (c) Each Recipient agrees that any and all such employees, consultants are bound by written agreements or, in the case unauthorized use or disclosure of professional advisers, ethical duties, respecting the Confidential Information of the Discloser might cause immediate and irreparable harm to the Discloser for which money damages might not constitute an adequate remedy. In that event, the Recipient agrees that injunctive relief may be warranted in addition to any other remedies the manner set forth Discloser may have. In addition, the Recipient agrees promptly to advise the Discloser by telephone and in this Agreement. 2.2 Recipient shall writing via facsimile of any security breach that may have compromised any Confidential Information, of any unauthorized misappropriation, disclosure or use at least reasonable care and adequate measures to protect the confidentiality by any person of the Confidential Information of Aegerion the Discloser which may come to its attention and to ensure that any Confidential Information of Aegerion is not disclosed take all steps at its own expense reasonably requested by the Discloser to limit, stop or otherwise made available to other persons remedy such misappropriation, disclosure or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary informationuse. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 Recipient Except as authorized hereunder, each Party shall only hold in confidence, not disclose and not permit any person any manner of access to, whether directly or indirectly, any Confidential Information obtained in the course of conduct of this Agreement (whether supplied before or after the Commencement Date), provided that this Section 47.9 shall not restrict either Party from disclosing such Confidential Information to its professional advisors, to the extent necessary, to enable that Party to perform, to cause to be performed, or to enforce, its rights or obligations under this Agreement. A NOP may disclose in confidence to any NOP Party and their professional advisors, such Confidential Information as is necessary for the performance by that NOP Party’s obligations under this Agreement. Each NOP acknowledges that the Owner may use the Confidential Information internally solely of the NOP for purposes not specific to the Project, but for other general governmental purposes. The Owner will advise the NOP prior to using any Confidential Information of the NOP for non-Project purposes. Subject to the foregoing, neither Party shall use, or directly or indirectly cause, authorize or permit any other person to use, any Confidential Information obtained by the Parties in the course of conduct of this Agreement (whether supplied before or after the Commencement Date) except for the purpose purposes of evaluating this Agreement, as permitted by this Agreement or as authorized by the disclosing Party in writing. Each Party shall: (a) protect all Confidential Information of the disclosing Party with the same degree of care as it uses to prevent the unauthorized use, disclosure, publication, or dissemination of its own confidential information of a potential business relationship between Recipient similar nature or character, but in no event with less than a reasonable degree of care; (b) if legally compelled to disclose any Confidential Information: (i) provide the disclosing Party with prompt notice to that effect to allow the disclosing Party to seek any appropriate remedies and Aegerion cooperate with the disclosing Party and its legal counsel; and (the “Permitted Purpose”). Recipient must keep secret and shall never, without the prior written consent of Aegerion, directly or indirectly, disclose, publish, divulge, furnish or make accessible to anyone all or any ii) disclose only that portion of the Confidential Information, other than furnishing such Information that it is legally required to disclose; and (c) provide Confidential Information to (a) Recipient’s employees and consultants who are required to have access to such Confidential Information in connection with the Permitted Purpose, and (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during disclosing Party upon demand by the time that Recipient is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. 2.2 Recipient shall use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.disclosing Party.‌

Use and Disclosure of Confidential Information. 2.1 Recipient a) You hereby agree that you and your Representatives shall only use the Confidential Information internally solely for the purpose of evaluating a potential business relationship between Recipient Possible Transaction and Aegerion (the “Permitted Purpose”). Recipient must keep secret and shall neverfor no other purpose, without the prior written consent of Aegerion, directly or indirectly, disclose, publish, divulge, furnish or make accessible to anyone all or any portion of that the Confidential Information, other than furnishing such Confidential Information to (a) Recipient’s employees will be kept confidential and consultants who are required to have access to such Confidential Information in connection with the Permitted Purpose, that you and (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided that your Representatives will not disclose any and all such employees, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in any manner whatsoever; provided, however, that you may disclose Confidential Information (i) to which the manner set forth in Company gives its prior written consent, (ii) as permitted under Paragraph 3 of this Agreement. 2.2 Recipient shall use letter agreement, and (iii) to your Representatives who (a) need to know such information for the purpose of evaluating a Possible Transaction, (b) are made aware of the terms of this letter agreement and (c) (1) agree to be bound by the terms hereof or (2) are bound by contractual, legal or fiduciary obligations of confidentiality to you that are at least as protective as the confidentiality terms herein. Notwithstanding the foregoing, you agree that you and your Representatives shall not disclose or make available any Evaluation Material to any potential sources of equity or debt financing (or their respective counsel or advisors), except to the extent that the Company has provided express prior written consent to disclosing or making available such information to such potential source of equity or debt financing (or their respective counsel or advisors). In any event, you agree to undertake reasonable care precautions to safeguard and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure accept responsibility for any breach of this letter agreement by you or any of your Representatives. b) To the extent that any Confidential Information may include materials subject to the attorney-client privilege, work product doctrine or any other applicable privilege concerning pending or threatened legal proceedings or governmental investigations, you and the Company understand and agree that you and the Company have a commonality of Aegerion interest with respect to such matters, and it is the mutual desire, intention and understanding of you and the Company that the sharing of such materials is not disclosed intended to, and shall not, waive or otherwise made available to diminish in any way the confidentiality of such materials or its continued protection under the attorney-client privilege, work product doctrine or other persons or used applicable privilege. Accordingly, and in violation of this Agreement. Without limiting any furtherance of the foregoing, such measures shall be at least you agree not to claim or contend that the equivalent of measures which Recipient uses Company has waived any attorney-client privilege, work product doctrine or any other applicable privilege by providing information pursuant to protect Recipient’s own most valuable proprietary informationthis letter agreement or any subsequent definitive written agreement regarding a Possible Transaction. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 Recipient Receiving Party agrees that it shall only not use the any of a Disclosing Party’s Confidential Information internally solely for any reason other than the purpose of evaluating a potential business relationship between Recipient and Aegerion (the “Permitted Purpose”). Recipient must keep secret and shall never, without the prior written consent of Aegerionor copy or otherwise reproduce Disclosing Party’s Confidential Information, directly or indirectly, disclose, publishdisseminate or otherwise communicate in whole or in part any of Disclosing Party’s Confidential Information to any third party. Receiving Party may disclose the Disclosing Party’s Confidential Information to those of its officers, divulgedirectors, furnish employees, contractors, (including those of its Affiliates) or make accessible Corporate Advisors who have a need to anyone all know such Confidential Information provided that such individuals have entered into agreements with the Receiving Party with obligations of confidentiality no less stringent than the obligations of Receiving Party under this Agreement. 2.2 Where Confidential Information is disclosed verbally or any portion visually and the Disclosing Party requires that the Receiving Party maintain the confidential nature of the Confidential Information, the Disclosing Party shall express a verbal statement of confidentiality at the time of disclosure together with confirmation in writing within thirty (30) days of such disclosure. 2.3 Receiving Party agrees that it shall safeguard Disclosing Party’s Confidential Information from disclosure to anyone other than furnishing as permitted hereby and, at a minimum, use efforts commensurate with those that Receiving Party employs for protecting the confidentiality of its own information, which it does not wish to disclose, which efforts shall in no event amount to less than a reasonable degree of care. 2.4 In the event that a Receiving Party becomes legally compelled by law, regulation or order of court or administrative body to disclose any of a Disclosing Party’s Confidential Information, such Receiving Party shall be entitled to disclose such Confidential Information subject to (a) Recipient’s employees and consultants who are required to have access to the requirements of this Section 2.4. Such Receiving Party shall provide the Disclosing Party with prompt written notice of such Confidential Information in connection requirements so that the Disclosing Party may seek a protective order or other appropriate remedy and/or waive compliance with the Permitted Purpose, and (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. 2.2 Recipient shall use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation terms of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient such protective order or other remedy is required by law not obtained, or that the Disclosing Party waives compliance with the provisions hereof, the Receiving Party agrees to make any disclosure of any furnish only that portion of the Disclosing Party’s Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement which is legally required and to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking exercise best efforts to obtain such protectionassurances that the information disclosed will be treated in confidence. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 The Recipient shall only use the Confidential Information internally solely received from Discloser only for the purpose of evaluating a potential business relationship between Recipient and Aegerion (the “Permitted Purpose”). Recipient must keep secret Stated Purpose and shall never, not use it for any other purpose without the prior written consent of Aegerion, directly or indirectly, disclose, publish, divulge, furnish or make accessible to anyone all or any portion of the Confidential Information, other than furnishing such Discloser. Recipient shall not disclose Confidential Information to (a) Recipient’s employees and consultants who are required to have access to such anyone, provided however, that the Confidential Information may be disclosed to the Recipient's officers, directors, employees, counsel, agents, and other advisers (each a "Representative," and collectively, the "Representatives") who have a need to know such information in connection with the Permitted Purpose, Purpose and (b) Recipient’s professional, licensed advisers (i.e., lawyers then only if each such Representative is informed by the Recipient of the confidential nature of such information and accountants), in each case, during the time that Recipient is permitted agrees to retain such Confidential Information hereunder; provided that any and all such employees, consultants are be bound by written agreements or, in the case undertakings of professional advisers, ethical duties, respecting the Recipients contained herein. The Recipient and its Representatives shall treat the Confidential Information in with the manner set forth in this Agreement. 2.2 Recipient same degree of care that they treat their own confidential information of a similar nature and value, which shall use at least not be less than a commercially reasonable care and adequate measures to protect the confidentiality standard of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation of this Agreementcare. Without limiting any of the foregoing, such measures The Parties shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of responsible for any breach of this Agreement with respect by any of their Representatives. For the avoidance of doubt, "Representatives" shall include Affiliates of Recipient, as well as their respective officers, directors, agents, employees, counsel, and advisers, but shall not include Affiliates of Poriferous. The obligations of confidentiality and non-use contained in this paragraph shall expire pursuant to the Confidential Information paragraph 7 of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 this Agreement. Recipient shall not embody share or disclose any of the information (whether such information falls within Confidential Information or not) that it learns under this Agreement with another manufacturer or company in order to attempt to design or otherwise develop a same or similar product as that envisioned by the Purpose of Aegerion in any of Recipient’s products, processes or servicesthis Agreement, or duplicate that relates to any Poriferous product. Any such sharing or exploit any disclosure of information would constitute a breach of this Agreement and would cause irreparable harm to the Discloser and its business. The parties acknowledge that in such Confidential Information in Recipient’s businessevent, or otherwise use any the Discloser has full availability of the Confidential Information for any purpose other than for the Permitted Purposeall legal remedies to address such breach.

Use and Disclosure of Confidential Information. 2.1 (a) Each Recipient shall only use hold and maintain, and shall cause its agents, employees, Affiliates, and Mission Critical Third Parties (in the case of Distributor) to hold and maintain, in confidence the Confidential Information internally solely of the Discloser and shall use and disclose such Confidential Information only for the purpose of evaluating performing its obligations or exercising or enforcing its rights with respect to the Program(s) under this Agreement or as otherwise expressly permitted by this Agreement. Each Recipient may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by Applicable Law, including in the course of an examination by a potential business relationship between Recipient and Aegerion Regulatory Authority or CBKC; provided (i) that, except in connection with disclosure in the “Permitted Purpose”). Recipient must keep secret and ordinary course of an examination by a Regulatory Authority or CBKC, the Party subject to such Applicable Law shall never, without notify the Discloser of any such use or requirement prior written consent to disclosure of Aegerion, directly any Confidential Information obtained from the Discloser in order to afford the Discloser an opportunity to seek a protective order to prevent or indirectly, disclose, publish, divulge, furnish or make accessible to anyone all or any portion limit disclosure of the Confidential InformationInformation to third parties, other than furnishing and (ii) that the Party subject to such Applicable Law shall disclose Confidential Information of the Discloser only to the extent required by such Applicable Law. (b) Each Recipient shall (i) limit access to the Discloser’s Confidential Information to (a) Recipient’s employees those employees, authorized agents, vendors, consultants, and consultants Marketers contemplated by Section 15.3 who are required have a reasonable need to have access to such Confidential Information in connection with the Permitted Purposethis Agreement, and (bii) Recipientensure that any Person with access to the Discloser’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants are is bound by written agreements or, in to maintain the case confidentiality of professional advisers, ethical duties, respecting the Confidential Information in accordance with the manner set forth in this Agreement. 2.2 Recipient shall use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach terms of this Agreement with respect to and Applicable Law, including, without limitation, GLBA, Regulation P and the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or Guidelines promulgated thereunder. (c) upon Each Recipient agrees that any unauthorized use or unauthorized disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the sameDiscloser might cause immediate and irreparable harm to the Discloser for which money damages might not constitute an adequate remedy. In that event, the Recipient agrees that injunctive relief may be warranted in addition to any other remedies the Discloser may have. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 (a) Each Recipient shall only use hold and maintain in confidence the Confidential Information internally solely of the Discloser and shall use and disclose such Confidential Information only for the purpose of evaluating performing its obligations or exercising or enforcing its rights under this Agreement or as otherwise expressly permitted by this Agreement and for no other purpose. Each Recipient may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by Applicable Law, including in the course of an examination by a potential business relationship between Recipient and Aegerion Governmental Authority; provided, however, that (i) except in connection with disclosure in the “Permitted Purpose”). Recipient must keep secret and ordinary course of an examination by a Governmental Authority, the party subject to such Applicable Law shall never, without notify the Discloser of any such use or requirement prior written consent to disclosure of Aegerion, directly any Confidential Information obtained from the Discloser in order to afford the Discloser an opportunity to seek a protective order to prevent or indirectly, disclose, publish, divulge, furnish or make accessible to anyone all or any portion limit disclosure of the Confidential Information, other than furnishing Information to third Persons; and (ii) the party subject to such Applicable Law shall disclose Confidential Information of the Discloser only to the extent required by such Applicable Law. (b) Each Recipient shall (i) limit access to the Discloser’s Confidential Information to (a) Recipient’s employees and consultants its Representatives who are required have a need to have access to such Confidential Information in connection with this Agreement and the Permitted Purpose, Card Program; and (bii) Recipientensure that any Person with access to the Discloser’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants are is bound by written agreements or, in to maintain the case confidentiality of professional advisers, ethical duties, respecting the Confidential Information in accordance with the manner set forth in this Agreement. 2.2 Recipient shall use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach terms of this Agreement with respect and all Applicable Law. If any security breach occurs that results in the disclosure, theft or other unauthorized access of NPI as a result of an action or omission of College, its Affiliate or any third party to whom College has provided NPI, College agrees to pay all expenses associated with, and will reimburse Financial Payments for all expenses incurred by Financial Payments in connection with, the Confidential unauthorized access to Cardholder Information of Aegerion in Recipient’s possessionor Cardholder Data Files. (c) Notwithstanding anything else contained herein, Financial Payments may disclose to any third party information regarding College and the Cardholder that Financial Payments believes is necessary to (i) complete or document Transactions initiated by a Cardholder; (bii) subsequent investigate possible unauthorized Transactions; (iii) respond to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2Governmental Authority or Network inquiries or order; or (civ) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the samecomply with Applicable Law. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 Recipient a) You recognize and acknowledge the competitive value and confidential nature of the Confidential Information and the damage that may result to the Company if any such Confidential Information is disclosed to a third party, except as expressly provided herein. You hereby agree that you and your Representatives shall only use the Confidential Information internally solely for the purpose of evaluating evaluating, negotiating and/or consummating the Possible Transaction and for no other purpose, that the Confidential Information will be kept confidential and that you and your Representatives will not disclose any of the Confidential Information in any manner whatsoever; provided, however, that you may disclose Confidential Information (i) to which the Company gives its prior written consent, (ii) as permitted under Paragraph 3 of this letter agreement, and (iii) to your Representatives who (A) need to know such information for the purpose of evaluating, negotiating and/or consummating the Possible Transaction, (B) are provided with a potential business relationship between Recipient copy of this letter agreement and Aegerion (C) are directed to comply with the “Permitted Purpose”terms hereof applicable to your Representatives. In any event, you agree to undertake reasonable precautions to safeguard and protect the confidentiality of the Confidential Information, to accept responsibility for any breach of this letter agreement by you or by any of your Representatives of the terms of this letter agreement applicable to your Representatives (including those who, subsequent to the date hereof, cease to be your Representative). Recipient must keep secret , provided that any proceeding in respect of any such breach by any of your Representatives who are your or your affiliates’ directors, officers, general partners, members, employees or controlling persons will be brought against you only and, at your sole expense, to take reasonable measures to restrain yourself and shall neveryour Representatives from prohibited or unauthorized disclosure or uses of Confidential Information, and to notify the Company promptly of any unauthorized disclosure or use of the Confidential Information, or any other breach of this letter agreement. b) Without limiting the generality of the foregoing, you further agree that, without the prior written consent of Aegerionthe Company, you and your Representatives acting on your behalf will not, directly or indirectly, discloseconsult or share any Confidential Information with, publishor enter into any agreement, divulgearrangement or understanding, furnish or make accessible to anyone all or any portion discussions which might lead to any such agreement, arrangement or understanding, with any co-investor, source of equity financing or other person (other than the Company and your Representatives) regarding the Possible Transaction, including, without limitation, discussions or other communications with any prospective bidder for the Company with respect to (i) whether or not you or such other prospective bidder will make a bid or offer for the Possible Transaction or (ii) the price that you or such other bidder may bid or offer for the Possible Transaction, and you hereby represent and warrant that neither you nor, to your knowledge, any of your Representatives acting on your behalf have engaged in any such action prior the date hereof. c) To the extent that any Confidential Information may include materials subject to the attorney-client privilege, work product doctrine or any other applicable privilege concerning pending or threatened legal proceedings or governmental investigations, you and the Company understand and agree that you and the Company have a commonality of interest with respect to such matters, and it is the mutual desire, intention and understanding of you and the Company that the sharing of such materials is not intended to, and shall not, waive or diminish in any way the confidentiality of such materials or its continued protection under the attorney-client privilege, work product doctrine or other applicable privilege. Accordingly, and in furtherance of the Confidential Informationforegoing, you agree not to claim or contend that the Company has waived any attorney-client privilege, work product doctrine or any other than furnishing such Confidential Information applicable privilege by providing information pursuant to this letter agreement or any subsequent definitive written agreement regarding the Possible Transaction. d) Without your prior written consent, the Company shall not, and the Company shall instruct its Representatives not to, disclose to any person, except as required by applicable Law (a) Recipient’s employees and consultants who are required to have access to such Confidential Information as hereinafter defined), your or any of your Representatives’ identity in connection with the Permitted Purpose, and (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this AgreementPossible Transaction. 2.2 Recipient shall use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 Recipient (a) You shall only use the Confidential Information internally solely only for the purpose of evaluating the Transaction, and for no other purpose. You and your Representatives shall keep confidential and not disclose to, discuss with, or otherwise make available to any person any Confidential Information, except that (i) such party may make any disclosure of the Confidential Information to which the Company gives its prior written consent and (ii) any of the Confidential Information may be disclosed to your Representatives on a potential business relationship between Recipient “need-to-know” basis to the extent the assistance of any of your Representatives is required to evaluate the Transaction, provided, however, that you shall advise your Representatives of the confidential nature of the Confidential Information pursuant to the terms of this Agreement and Aegerion cause your Representatives to maintain the confidentiality of such Confidential Information in accordance with the terms hereof. (b) In any event, you agree to undertake reasonable precautions to safeguard and protect the confidentiality of the Confidential Information and Discussion Information (as hereinafter defined) and to accept responsibility for any breach of this Agreement by you or any of your Representatives. In the event that you or any of your Representatives are requested or required by oral questions, interrogatories, requests for information or documents in legal or regulatory proceedings, subpoena, civil investigative demand or other similar process including pursuant to regulations of the stock exchange under which the Company’s or your equities are publicly-traded (collectively, “Permitted PurposeApplicable Law”)) to disclose any of the Confidential Information or Discussion Information, you shall promptly provide the Company with written notice of any such request or requirement, and the Company may in its sole discretion seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement. Recipient must keep secret If, in the absence of a protective order or other remedy or the receipt of a waiver by the Company, you or any of your Representatives are nonetheless, in the advice of outside legal counsel, legally compelled to disclose Confidential Information or Discussion Information, you or any of your Representatives may, without liability hereunder, disclose only that portion of the Confidential Information or Discussion Information which such counsel advises you is legally required to be disclosed, provided, that you, at the Company’s sole expense, use your reasonable best efforts to cooperate with the Company to seek and obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded the Confidential Information and the Discussion Information; and provided, further, that you shall neverpromptly notify the Company of (A) your determination to make such disclosure and (B) the nature, scope and contents of such disclosure. (c) In addition, you agree that, without the prior written consent of Aegerionthe Company, you and your Representatives shall not disclose to any other person the fact that you or your Representative has received Confidential Information or that Confidential Information has been made available to you or your Representative, that investigations, discussions or negotiations are taking place with you concerning the Transaction or any of the terms, conditions or other facts with respect to the Transaction, including the status thereof and the identity of the parties thereto (collectively, the “Discussion Information”). Without limiting the generality of the foregoing, you further agree that, without the prior written consent of the Company, you and your Representatives shall not, directly or indirectly, discloseconsult or share Confidential Information or Discussion Information with, publishor enter into any agreement, divulgearrangement or understanding, furnish or make accessible to anyone all or any portion discussions which might lead to any such agreement, arrangement or understanding, with any co-investor, joint or co-bidder, source of the Confidential Informationfinancing, other potential bidders for the Company or other person (other than furnishing such Confidential Information to (athe Company) Recipient’s employees and consultants who are required to have access to such Confidential Information in connection regarding the Transaction, including, without limitation, discussions or other communications with any prospective bidder for the Permitted Purpose, and (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. 2.2 Recipient shall use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement Company with respect to (i) whether or not you or such other prospective bidder will make a bid or offer for the Confidential Information of Aegerion in Recipient’s possession; Company or (bii) subsequent the price that you or such other bidder may bid or offer for the Company. Neither the Company nor its Representatives will, without your prior written consent, disclose to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient person your interest or involvement in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion Transaction in any of Recipient’s products, processes manner that would identify you or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purposefrom which a person could be reasonably expected to identify you.

Use and Disclosure of Confidential Information. 2.1 (a) Each Recipient shall only use hold and maintain in confidence the Confidential Information internally solely of the Discloser and shall use and disclose such Confidential Information only for the purpose of evaluating performing its obligations or exercising or enforcing its rights with respect to any Program under this Agreement or as otherwise expressly permitted by this Agreement. Each Recipient may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by Applicable Law, including in the course of an examination by a potential business relationship between Recipient and Aegerion Regulatory Authority; provided that (i) except in connection with disclosure in the “Permitted Purpose”). Recipient must keep secret and ordinary course of an examination by a Regulatory Authority, the Party subject to such Applicable Law shall never, without notify the Discloser of any such use or requirement prior written consent to disclosure of Aegerion, directly any Confidential Information obtained from the Discloser in order to afford the Discloser an opportunity to seek a protective order to prevent or indirectly, disclose, publish, divulge, furnish or make accessible to anyone all or any portion limit disclosure of the Confidential InformationInformation to third parties, other than furnishing and (ii) the Party subject to such Applicable Law shall disclose Confidential Information of the Discloser only to the extent required by such Applicable Law. (b) Each Recipient shall (i) limit access to the Discloser’s Confidential Information to (a) Recipient’s employees those employees, authorized agents, vendors, consultants, service providers and consultants subcontractors who are required have a reasonable need to have access to such Confidential Information in connection with this Agreement and applicable Program(s), (ii) ensure that any Person with access to the Permitted PurposeDiscloser’s Confidential Information is bound to maintain the confidentiality of Confidential Information in accordance with the terms of this Agreement, GLBA, Regulation P and the Safeguards Rule promulgated thereunder, and (biii) Recipient’s professional, licensed advisers maintain the existence of this Agreement and the nature of their obligations hereunder strictly confidential. (i.e., lawyers and accountants), in each case, during the time c) Each Recipient agrees that Recipient is permitted to retain such any unauthorized use or disclosure of Confidential Information hereunder; provided of the Discloser might cause immediate and irreparable harm to the Discloser for which money damages might not constitute an adequate remedy. In that event, the Recipient agrees that injunctive relief may be warranted in addition to any and all such employeesother remedies the Discloser may have. In addition, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. 2.2 Recipient shall promptly (but in no event more than twenty-four (24) hours after discovery of same) advise the Discloser by telephone and in writing via facsimile of any security breach that may have compromised any Confidential Information, and of any unauthorized misappropriation, disclosure or use at least reasonable care and adequate measures to protect the confidentiality by any Person of the Confidential Information of Aegerion the Discloser which may come to its attention and shall take all steps at its own expense reasonably requested by the Discloser to ensure that any Confidential Information of Aegerion is not disclosed limit, stop or otherwise made available remedy such misappropriation, disclosure or use, including, but not limited to, notification to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protectioncompliance with any Regulatory Authority. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 Recipient The Recipient, and its Representatives who have received Confidential Information pursuant hereto, shall only use the Confidential Information internally solely only for the Purpose. The Confidential Information shall not be used for any other purpose of evaluating a potential business relationship between Recipient and Aegerion (the “Permitted Purpose”). Recipient must keep secret and shall never, without the prior written consent of Aegerionthe Disclosing Party. The Recipient and such Representatives shall hold the Confidential Information in confidence, directly and provide it with at least the same degree of care that it uses to protect its own confidential and proprietary information, but in no event less than a reasonable degree of care under the circumstances, and shall not disclose any Confidential Information, except as permitted by paragraph 1 hereof or indirectlywhere such disclosure is requested or required by law, discloseregulation (including, publishwithout limitation, divulgeany rule, furnish regulation or make accessible policy statement of any organized securities exchange, market or automated quotation system on which any of an entity’s securities are listed or quoted), regulatory body, judicial process, or listing agreement (collectively, “Law”). The Recipient agrees, to anyone all the extent permitted under applicable Law, to give the Disclosing Party notice of any such request or any requirement as soon as reasonably practicable so that the Disclosing Party may, at the Disclosing Party’s own expense, seek a protective order, confidential treatment request or other appropriate remedy, and the Recipient shall exercise commercially reasonable efforts to assist the Disclosing Party in obtaining such order or remedy. If, in the absence of a protective order, the Recipient is nonetheless compelled to disclose Confidential Information, the Recipient may disclose without liability hereunder that portion of the Confidential Information, other than furnishing such Confidential Information which the Recipient or its Representatives is legally compelled to (a) Recipient’s employees and consultants who are required to have access to such Confidential Information in connection with the Permitted Purpose, and (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreementdisclose. 2.2 Recipient shall use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 Recipient The Receiving Party shall only use the Confidential Information internally solely for the purpose of evaluating a potential business relationship between Recipient the Receiving Party and Aegerion the Disclosing Party (the “Permitted Purpose”). Recipient must keep secret and The Receiving Party shall nevernot, without the prior written consent of Aegerionthe Disclosing Party, directly or indirectly, disclose, publish, divulge, furnish or make accessible to anyone disclose all or any portion of the Confidential Information, other than furnishing such Confidential Information to (a) Recipientthe Receiving Party’s employees employees, directors, consultants, and consultants contractors who are required need to have access to know such Confidential Information in connection with the Permitted Purpose, and (b) RecipientReceiving Party’s professional, licensed professional advisers (i.e.e.g., lawyers lawyers, financial advisors, and accountants), who in each case, during the time that Recipient the Receiving Party is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants and are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. The Receiving Party shall be responsible for any breaches of this Agreement by any of its employees, consultants or professional advisers. 2.2 Recipient The Receiving Party shall use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion the Disclosing Party and to ensure that any Confidential Information of Aegerion the Disclosing Party is not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient the Receiving Party uses to protect Recipientthe Receiving Party’s own most valuable proprietary confidential information. 2.3 . In the event that Recipient the Receiving Party is required by law to make any disclosure of any of the Confidential Information of Aegerionthe Disclosing Party, by subpoena, judicial or administrative order or otherwise, Recipient the Receiving Party shall first give written notice of such requirement to Aegerionthe Disclosing Party, and shall permit Aegerion the Disclosing Party to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and commercially reasonable assistance to Aegerion the Disclosing Party in seeking to obtain such protection. 2.4 Recipient 2.3 The Receiving Party agrees to notify Aegerion the Disclosing Party promptly in writing if (a) Recipient the Receiving Party becomes aware of any material breach of this Agreement with respect to the Confidential Information of Aegerion the Disclosing Party in Recipientthe Receiving Party’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 (a) Recipient shall only agrees that during the term of this Agreement, and at any and all times after the termination of this Agreement, it will use at least the same methods and degree of care to prevent disclosure of the Confidential Information internally solely for the purpose as Recipient uses (or would be expected to use in accordance with best practices) to prevent disclosure of evaluating a potential business relationship between Recipient and Aegerion (the “Permitted Purpose”). Recipient must keep secret and shall never, without the prior written consent of Aegerion, directly or indirectly, disclose, publish, divulge, furnish or make accessible to anyone all or any portion of the its own Confidential Information, other than furnishing such and that it will not disclose, nor permit or cause the disclosure of, the Confidential Information to any individual or entity (aexcept as otherwise provided for herein). (b) Recipient’s From time to time, any Disclosing Party may disclose Confidential Information to Recipient only in accordance with the terms set forth in this Agreement. Recipient will (i) limit disclosure of any Confidential Information to any of its agents or employees and consultants who are required has a need to have access to know such Confidential Information in connection with the Permitted PurposeTransaction, and only for that purpose, and (bii) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in advise each case, during such agent or employee of the time that Recipient is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants are bound by written agreements or, in the case proprietary nature of professional advisers, ethical duties, respecting the Confidential Information in and of the manner obligations set forth in this Agreement. 2.2 Recipient shall use at least reasonable care , require and adequate measures to protect cause each such agent or employee, for the confidentiality benefit of the Confidential Information of Aegerion Disclosing Parties and as a pre-condition to ensure that disclosing to such agent or employee any Confidential Information of Aegerion is not disclosed Information, to be bound by this Agreement to the full and same extent as if such agent or otherwise made available employee had been, together and in the same capacity as Recipient, an original party hereto (it being understood, however, that Recipient will remain fully liable to other persons the Disclosing Parties for acts or used omissions by any such agent or employee that are in violation of or inconsistent with this Agreement. Without limiting any , regardless of the foregoing, such measures shall be at least foregoing and that the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach provisions of this Agreement with respect to Section 2(b) permitting the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge to other individuals or entities shall not accrue to the benefit of the sameor grant any right to any such party). 2.5 (c) Recipient shall not embody any of agrees to use the Confidential Information of Aegerion solely in connection with the Transaction and not for any of Recipient’s productsother purpose except as expressly authorized by this Agreement. No right or license, processes whether expressed or servicesimplied, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for is granted to Recipient or is to be granted by Recipient to any purpose other than individual or entity. Title to the Confidential Information will remain solely with the Disclosing Parties. All use of Confidential Information disclosed under this Agreement shall be for the Permitted Purposebenefit of the Disclosing Parties and any modifications and improvements thereof by any individual or entity shall be the sole property of the Disclosing Parties.

Use and Disclosure of Confidential Information. 2.1 (a) Each Recipient shall only use hold and maintain in confidence the Confidential Information internally solely of the Discloser and shall use and disclose such Confidential Information only for the purpose of evaluating performing its obligations or exercising or enforcing its rights with respect to any Program under this Agreement or as otherwise expressly permitted by this Agreement. Each Recipient may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by Applicable Law, including in the course of an examination by a potential business relationship between Recipient Regulatory Authority; provided (i) that, except in connection with disclosure in the ordinary course of an examination by a Regulatory Authority, the Party subject to such Applicable Law shall notify the Discloser of any such use or requirement prior to disclosure of any Confidential Information obtained from the Discloser in order to [***] Certain information in this document has been omitted and Aegerion (filed separately with the “Permitted Purpose”)Securities and Exchange Commission. Recipient must keep secret and shall never, without Confidential treatment has been requested with respect to the prior written consent of Aegerion, directly omitted portions. afford the Discloser an opportunity to seek a protective order to prevent or indirectly, disclose, publish, divulge, furnish or make accessible to anyone all or any portion limit disclosure of the Confidential InformationInformation to third parties, other than furnishing and (ii) that the Party subject to such Applicable Law shall disclose Confidential Information of the Discloser only to the extent required by such Applicable Law. (b) Each Recipient shall (i) limit access to the Discloser’s Confidential Information to (a) Recipient’s employees those employees, authorized agents, vendors, consultants, service providers and consultants subcontractors who are required have a reasonable need to have access to such Confidential Information in connection with this Agreement and applicable Program(s), (ii) ensure that any Person with access to the Permitted PurposeDiscloser’s Confidential Information is bound to maintain the confidentiality of Confidential Information in accordance with the terms of this Agreement, GLBA, Regulation P and the Safeguards Rule promulgated thereunder, and (biii) Recipient’s professional, licensed advisers maintain the existence of this Agreement and the nature of their obligations hereunder strictly confidential. (i.e., lawyers and accountants), in each case, during the time c) Each Recipient agrees that Recipient is permitted to retain such any unauthorized use or disclosure of Confidential Information hereunder; provided of the Discloser might cause immediate and irreparable harm to the Discloser for which money damages might not constitute an adequate remedy. In that event, the Recipient agrees that injunctive relief may be warranted in addition to any and all such employeesother remedies the Discloser may have. In addition, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. 2.2 Recipient shall promptly (but in no event more than twenty-four (24) hours after discovery of same) advise the Discloser by telephone and in writing via facsimile of any security breach that may have compromised any Confidential Information, and of any unauthorized misappropriation, disclosure or use at least reasonable care and adequate measures to protect the confidentiality by any Person of the Confidential Information of Aegerion the Discloser which may come to its attention and shall take all steps at its own expense reasonably requested by the Discloser to ensure that any Confidential Information of Aegerion is not disclosed limit, stop or otherwise made available remedy such misappropriation, disclosure or use, including, but not limited to, notification to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protectioncompliance with any Regulatory Authority. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 (a) Each Recipient shall only use and disclose the Confidential Information internally solely of the Discloser only for the purpose of evaluating a potential business relationship between Recipient and Aegerion (the “Permitted Purpose”). Recipient must keep secret performing its obligations or enforcing its rights with respect to any Program or as otherwise expressly permitted by this Agreement, and shall nevernot accumulate in any way, without the prior written consent of Aegerion, directly or indirectly, disclose, publish, divulge, furnish disclose or make accessible use of such Confidential Information for any other purpose. Each Recipient may disclose Confidential Information to anyone all the extent such Confidential Information is required to be disclosed by Applicable Law, including in the course of an examination by a Regulatory Authority; provided (i) that, except in connection with disclosure in the ordinary course of an examination by a Regulatory Authority, the Party subject to such Applicable Law shall notify the Discloser of any such use or requirement prior to disclosure of any portion Confidential Information obtained from the Discloser in order to afford the Discloser an *** Confidential Treatment Requested opportunity to seek a protective order to prevent or limit disclosure of the Confidential Information, other than furnishing Information to third parties and (ii) that the Party subject to such Applicable Law shall disclose Confidential Information of the Discloser only to the extent required by such Applicable Law. (b) Each Recipient shall (i) limit access to the Discloser’s Confidential Information to (a) Recipient’s employees those employees, authorized agents, vendors, consultants, service providers and consultants subcontractors who are required have a reasonable need to have access to such Confidential Information in connection with the Permitted Purpose, Agreement and applicable Program(s); and (bii) Recipientensure that any person with access to the Discloser’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided is bound to maintain the confidentiality of Confidential Information and maintains the existence of this Agreement and the nature of their obligations hereunder strictly confidential. (c) Each Recipient agrees that any and all such employees, consultants are bound by written agreements or, in the case unauthorized use or disclosure of professional advisers, ethical duties, respecting the Confidential Information of the Discloser might cause immediate and irreparable harm to the Discloser for which money damages might not constitute an adequate remedy. In that event, the Recipient agrees that injunctive relief may be warranted in addition to any other remedies the manner set forth Discloser may have. In addition, the Recipient agrees promptly to advise the Discloser by telephone and in this Agreement. 2.2 Recipient shall writing via facsimile of any security breach that may have compromised any Confidential Information, of any unauthorized misappropriation, disclosure or use at least reasonable care and adequate measures to protect the confidentiality by any person of the Confidential Information of Aegerion the Discloser which may come to its attention and to ensure that any Confidential Information of Aegerion is not disclosed take all steps at its own expense reasonably requested by the Discloser to limit, stop or otherwise made available to other persons remedy such misappropriation, disclosure or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary informationuse. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 Recipient shall only use the VisualDx and Customer may each disclose certain of its Confidential Information internally (as defined in Section 10.2 below) (“Disclosing Party”) to the other (“Recipient”) for the sole purpose of fulfilling their respective obligations under this Agreement (the “Purpose”) and they each desire to maintain the confidential and secret status of their respective Confidential Information. Recipient will use Disclosing Party’s Confidential Information solely for the purpose of evaluating a potential business relationship between Recipient and Aegerion (the “Permitted Purpose”). Recipient must keep secret and shall never, will not without the Disclosing Party’s prior written consent of Aegerionconsent, directly or indirectly, disclose, publish, divulge, furnish or make accessible to anyone all or any portion of the Confidential Information, other than furnishing such disclose Disclosing Party’s Confidential Information to any person or entity, except for Recipient’s employees, independent contractors, attorneys, accountants, and other advisors that (a) Recipienthave a need to know Disclosing Party’s employees and consultants who are required to have access to such Confidential Information in connection with furthering the Permitted Purpose, and Purpose and (b) Recipientaccept disclosure of Disclosing Party’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided that any under restrictions on use and all such employees, consultants are bound by written agreements or, disclosure no less restrictive than those contained in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. 2.2 Recipient shall use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to Disclosing Party’s Confidential Information (such entities and persons are collectively referred to herein as “Representatives”). Recipient will take all reasonable measures (including, without limitation, those measures that Recipient uses to protect its own confidential information, which will be no less than reasonable care) to protect the secrecy of Disclosing Party’s Confidential Information that the Recipient receives or otherwise obtains and to prevent the unauthorized, negligent, or inadvertent use or disclosure thereof. If Recipient becomes legally obligated to disclose any of Disclosing Party’s Confidential Information under law, court order, or subpoena, Recipient may disclose such Confidential Information as so required; provided, however, that before such disclosure Recipient will give Disclosing Party prompt written notice of such obligation (which will include, without limitation, identification of Disclosing Party’s Confidential Information to be so disclosed and a copy of the law, court order, or subpoena) to allow Disclosing Party to seek a protective order or other appropriate remedy to prevent or limit any such disclosure and, in the event that Disclosing Party cannot prevent the disclosure, Recipient will disclose only such Confidential Information of Aegerion Disclosing Party as Recipient is legally required to disclose. The Parties’ respective obligations under Section 10 of this Agreement will survive the termination of this Agreement and will extend until such time as the information protected hereby is in Recipient’s possession; the public domain. Recipient will notify Disclosing Party promptly of (band in no event later than 5 days following when Recipient becomes aware of) subsequent to any use or disclosure of any CONFIDENTIALITY AGREEMENT Disclosing Party’s Confidential Information not permitted by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure 10 of Confidential Information by Aegerion, Recipient has prior knowledge of the samethis Agreement. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 Recipient shall only Notwithstanding anything to the contrary in this Agreement, in addition to and not in lieu of other provisions in this Agreement: Confidential Information: includes without limitation all information regarding the customers of Ameriprise or any of its subsidiaries, affiliates or licensees (collectively the “Protected Parties” for purposes of this Section 16), including without limitation all information regarding the customers of the Protected Parties; or the accounts, account numbers, names, addresses, social security numbers or any other personal identifier of such customers; or any information derived therefrom. Notwithstanding anything to the contrary herein, the Managing Dealer and Ameriprise each represents that it has implemented policies and procedures designed to: (a) comply with applicable Privacy Laws; (b) ensure the security and confidentiality of confidential information; (c) protect against any anticipated threats or hazards to the security or integrity of such information; and (d) protect against unauthorized access to or use of such information that could result in substantial harm or inconvenience to any consumer. Accordingly, the Managing Dealer and Ameriprise agree to protect their respective customers’ and prospective customers’ Confidential Information internally solely for in accordance with applicable Privacy Laws and to not disclose such Confidential Information except as required or permitted by applicable law, rule or regulation. Further, the purpose of evaluating a potential business relationship between Recipient Managing Dealer, the Company and Aegerion (the “Permitted Purpose”). Recipient must keep secret Advisor agree to cause their employees, agents and shall neverrepresentatives, without the prior written consent of Aegerion, directly or indirectly, disclose, publish, divulge, furnish or make accessible to anyone all or any portion other party to whom the Managing Dealer, the Company and the Advisor may provide access to or disclose Confidential Information to limit the use and disclosure of Confidential Information to that purpose. The Managing Dealer, the Company and the Advisor further agree to cause all their respective agents, representatives or subcontractors, or any other party to whom they provide access to or disclose Confidential Information, to implement appropriate measures to meet the objectives set forth in this Section 16. The Managing Dealer, the Company and the Advisor acknowledge that all computer programs and procedures or other than furnishing such Confidential Information to (a) Recipient’s employees and consultants who are required to have access to such Confidential Information information developed or used by the Protected Parties in connection with the Permitted Purpose, and (b) RecipientCompany’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during performance of its duties under this Agreement are the time that Recipient is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. 2.2 Recipient shall use at least reasonable care and adequate measures to protect the confidentiality valuable property of the Confidential Information of Aegerion Protected Parties. The Managing Dealer, the Company and to ensure the Advisor acknowledge that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of the covenants in this Agreement with respect Section 16 would result in immediate and irreparable harm to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient Protected Parties for which there would be no adequate remedy at law and agree that in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any event of such Confidential Information in Recipient’s businessa breach, or otherwise use the Protected Parties will be entitled to equitable relief by the way of temporary and permanent injunctions, as well as such other relief as any court of the Confidential Information for any purpose other than for the Permitted Purposecompetent jurisdiction deems appropriate.

Use and Disclosure of Confidential Information. 2.1 Recipient Receiving Party agrees that it shall only not: 2.1.1 use any of the Disclosing Party’s Confidential Information internally solely for any reason other than the purpose of evaluating a potential business relationship between Recipient and Aegerion (the “Permitted Purpose”). Recipient must keep secret and shall never, without the prior written consent of Aegerion, directly or indirectly, ; or 2.1.2 disclose, publishdisseminate or otherwise communicate, divulgein whole or in part, furnish any of Disclosing Party’s Confidential Information to any third party. 2.2 Receiving Party may disclose the Disclosing Party’s Confidential Information to those of its officers, directors, employees, (including those of its Affiliates) or make accessible Corporate Advisors who have a need to anyone all or any portion of the Confidential Information, other than furnishing know such Confidential Information to (a) Recipient’s employees and consultants who are required to have access to such Confidential Information in connection with the Permitted Purpose, and (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants individuals are bound by written obligations of confidentiality to the Receiving Party or have entered into agreements or, in with the case Receiving Party with obligations of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in confidentiality no less stringent than those of this Agreement. 2.2 Recipient 2.3 The Receiving Party shall be liable to Disclosing Party for all actions of its Affiliates, Corporate Advisors, employees, officers, directors and those of its Affiliates that result in the unauthorized disclosure of the Disclosing Party’s Confidential Information. 2.4 Receiving Party shall not disclose Disclosing Party’s Confidential Information to anyone other than as permitted herein and shall use at least reasonable care and adequate measures to protect efforts commensurate with those that it employs for protecting the confidentiality of its own information, which efforts shall in no event be less than a reasonable degree of care. 2.5 In the event that a Receiving Party becomes legally compelled by law, regulation or order of court or administrative body to disclose any of a Disclosing Party’s Confidential Information, such Receiving Party shall be entitled to disclose such Confidential Information subject to the requirements of Aegerion and to ensure this Section 2.5. Such Receiving Party shall provide the Disclosing Party with prompt written notice of such requirements so that any Confidential Information of Aegerion is not disclosed the Disclosing Party may, at its sole expense, seek a protective order or otherwise made available to other persons or used in violation appropriate remedy and/or waive compliance with the terms of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient such protective order or other remedy is required by law not obtained, or that the Disclosing Party waives compliance with the provisions hereof, the Receiving Party agrees to make any disclosure of any furnish only that portion of the Disclosing Party’s Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protectionwhich is legally required. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 Recipient shall only use the Confidential Information internally solely for the purpose of evaluating a potential business relationship between Recipient and Aegerion (the “Permitted Purpose”). Recipient must keep secret and shall never, without i) Absent the prior written consent of AegerionFLIR (which it may or may not give in its discretion), directly Developer agrees that for a period of seven (7) years from the termination or indirectlyexpiration of this Agreement, disclose, publish, divulge, furnish or make accessible to anyone all or any portion of the Confidential Information, other than furnishing such Confidential Information to Developer: (a) Recipientwill not use FLIR’s employees and consultants who are required to have access to such Confidential Information in connection with the Permitted Purpose, and (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. 2.2 Recipient shall use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than in connection with the License; (b) will not disclose, give access to, or otherwise distribute any of FLIR’s Confidential Information to any third party, including, but not limited to, any of Developer’s Affiliates; and (c) except as otherwise expressly permitted by a provision in this Agreement, will not copy or otherwise reproduce any of FLIR’s Confidential Information. Developer will take reasonable security precautions (at least as protective as the precautions it takes to preserve its own Confidential Information of a similar nature) to keep FLIR’s Confidential Information confidential. (ii) Developer will restrict the possession, knowledge and use of any of FLIR’s Confidential Information only to those of Developer’s officers, directors, employees, contractors, agents and Affiliates (“Disclosees”) who have a bona fide “need to know” the specific Confidential Information and only in connection with the License. Developer will ensure that it has executed and maintains appropriate written agreements with its Disclosees sufficient to restrict such Disclosees’ use, disclosure, and distribution of the Confidential Information consistent with Developer’s obligations under this Agreement. Developer will ensure that its Disclosees comply with this Agreement and their respective nondisclosure agreements, and Xxxxxxxxx agrees to be responsible for any improper use or disclosure of Confidential Information by any such individual or entity. Developer will notify FLIR immediately upon: (a) discovery of any unauthorized use or disclosure of any Confidential Information; or (b) any breach of this Section by Developer or any Disclosee, and in either event, Developer will cooperate with FLIR in every reasonable way, at Developer’s expense to help FLIR regain possession of such Confidential Information and prevent further unauthorized use or disclosure. At FLIR’s request, at any time and from time to time, Developer will: (1) promptly return all originals, copies, reproductions and summaries of FLIR’s Confidential Information; or (2) at FLIR’s option and request, destroy the Permitted Purposesame and provide written certification by an officer of destruction to FLIR. (iii) Developer may reasonably disclose Confidential Information only as required to comply with binding orders of governmental entities that have jurisdiction over it or as otherwise required by law; provided, however, Developer must: (a) give FLIR reasonable written notice to allow FLIR to seek a protective order or other appropriate remedy (except to the extent Developer’s compliance with the foregoing would cause it to violate a court order or other legal requirement);

Use and Disclosure of Confidential Information. 2.1 Recipient shall only (a) Except as otherwise provided in this Agreement, Takeda hereby agrees that it and its Representatives shall: (i) use the Confidential Information internally MPI Evaluation Material solely for the purpose of evaluating and negotiating a potential business relationship possible transaction between Recipient the Parties; (ii) keep the MPI Evaluation Material confidential in accordance with the terms of this Agreement; and (iii) not disclose any MPI Evaluation Material except in accordance with the terms of this Agreement; provided, however, that Takeda may disclose any MPI Evaluation Material to Takeda’s Representatives who need to know such information for the sole purpose of evaluating and Aegerion (negotiating a possible transaction between the “Permitted Purpose”). Recipient must keep secret and shall neverParties, without the prior written consent of Aegerion, directly or indirectly, disclose, publish, divulge, furnish or make accessible to anyone all or any portion provided that Takeda’s Representatives are informed of the Confidential Information, other than furnishing confidential nature of such Confidential Information Evaluation Material and are bound to (a) Recipient’s employees use such information solely for the purpose of evaluating and consultants who are required negotiating a possible transaction between the Parties and likewise bound to have access to maintain the confidentiality of such Confidential Information in connection with the Permitted Purpose, and MPI Evaluation Material. (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; Except as otherwise provided that any and all such employees, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement., MPI hereby agrees that it and its Representatives shall: 2.2 Recipient shall (i) use at least reasonable care the Takeda Evaluation Material solely for the purpose of evaluating and adequate measures negotiating a possible transaction between the Parties; (ii) keep the Takeda Evaluation Material confidential in accordance with the terms of this Agreement; and (iii) not disclose any Takeda Evaluation Material except in accordance with the terms of this Agreement; provided, however, that MPI may disclose any Takeda Evaluation Material to protect MPI’s Representatives who need to know such information for the sole purpose of evaluating and negotiating a possible transaction between the Parties, provided that MPI’s Representatives are informed of the confidential nature of such Takeda Evaluation Material and are bound to use such information solely for the purpose of evaluating and negotiating a possible transaction between the Parties and likewise bound to maintain the confidentiality of such Takeda Evaluation Material. (c) Except as otherwise provided in this Agreement, neither MPI nor Takeda nor any of its respective Representatives shall disclose to any other person (i) the existence of this Agreement, (ii) the fact that Confidential Information has been made available to the receiving Party, (iii) that discussions are taking place concerning a possible negotiated transaction between the Parties, (iv) any of Aegerion the proposed terms, conditions or other facts with respect thereto, or (v) the status of such discussions (collectively, the “Transaction Information”). (d) The receiving Party shall be liable to the disclosing Party for any use or disclosure by any of the receiving Party’s Representatives of the other Party’s Confidential Information or of the Transaction Information. Each Party shall be liable to the other Party for any use or disclosure by such Party’s Representatives of Confidential Information or Transaction Information which if done by either Party itself would be a breach of this Agreement. Each Party agrees, at its sole expense, to take reasonable measures to restrain its Representatives from prohibited or unauthorized disclosure or use of the other Party’s Confidential Information and to ensure the Transaction Information. (e) To the extent that any Confidential Information or Transaction Information may include materials subject to the attorney-client privilege, work product doctrine or any other applicable privilege concerning pending or threatened legal proceedings or governmental investigations, the Parties understand and agree that they have a commonality of Aegerion interest with respect to such matters and it is their mutual desire, intention and understanding that the sharing of such material is not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerionintended to, and shall permit Aegerion to intervene not, waive or diminish in any relevant proceedings way the confidentiality of such material or its continued protection under the attorney-client privilege, work product doctrine or other applicable privilege. All Confidential Information or Transaction Information that is entitled to protect its interests in protection under the Confidential Informationattorney-client privilege, work product doctrine and other applicable privilege shall remain entitled to such protection under these privileges, this agreement, and provide full cooperation and assistance to Aegerion in seeking to obtain such protectionunder the joint defense doctrine. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 Recipient shall only use Notwithstanding anything to the contrary contained in this Agreement and in addition to and not in lieu of other provisions in this Agreement:- a. Confidential Information internally solely for includes but is not limited to all proprietary and confidential information of the purpose of evaluating a potential business relationship between Recipient and Aegerion (Parties or its subsidiaries, affiliates, or licensees, including without limitation all information, in any form, tangible or softcopy, including without limitation applications, charts, data, documents, forms, instruments, papers or statements, Regarding the “Permitted Purpose”). Recipient must keep secret and shall never, without the prior written consent of Aegerion, directly or indirectly, disclose, publish, divulge, furnish or make accessible to anyone all Company or any portion of its subsidiaries, affiliates, or licensees; or the Confidential Informationcustomers, other than furnishing such Confidential Information to (a) Recipient’s employees and consultants who are required to have access to such Confidential Information in connection with the Permitted Purpose, and (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided that or any and all such employees, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreementinformation derived there from. 2.2 Recipient shall b. The Parties must not use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the disclose Confidential Information for any purpose other than to carry out the purpose for which Confidential Information was provided to the Permitted PurposeParties herein as set forth in this Agreement, and agrees to disclose Confidential Information to its employees, agents, representatives on a need to know basis and cause them to limit the use and disclosure of Confidential Information to the purpose set out in this Agreement. c. The Kiosk Holder shall be responsible for maintaining absolute security and integrity of all data. All data/information supplied during the course of engagement is proprietary information owned by RISL and/or Company and the Kiosk Holder shall not have any claim or right or ownership over such information. Kiosk Holder shall not disclose confidential information to any other person or entity without prior written consent of RISL/Company. d. The Parties agrees to implement appropriate measures designed to ensure the security and confidentiality of Confidential Information, to protect such information against any anticipated threats or hazards to the security or integrity of such information, and to protect against unauthorized access to, or use of, Confidential Information that could result in substantial harm or inconvenience to any of the Parties or any of its subsidiaries, affiliates, or licensees; the Parties further agrees to cause all the agents, representatives, subcontractors, or any other party to whom the Parties may provide access to or disclose Confidential Information to implement appropriate measures designed to meet the objectives set forth in this paragraph. e. The Parties agrees and undertakes to keep Confidential Information of the other party and its customers including but not limited to customer information, documents, records and assets segregated from information, documents, records and assets of Parties’ other clients. f. On the expiry or termination of this Agreement, the Parties shall hand over or cause to be handed over all such Confidential Information, documents, computer diskettes and all other related materials in the possession of Receiving party and /or its employees, agents, representatives’ possession to the authorized officer of the Disclosing Party. g. In the event of a breach or threatened breach by either of the Party and /or its employees, agents, representatives of this clause, monetary damages may not be an adequate remedy; therefore, the Parties shall be entitled to injunctive relief to restrain the other Party and /or its employees, agents, representatives from any such breach, threatened or actual. h. The obligations contained in this clause shall survive any termination of this Agreement.

Use and Disclosure of Confidential Information. 2.1 Recipient Receiving Party agrees that it shall only not use the any of a Disclosing Party’s Confidential Information internally solely for any reason other than the purpose of evaluating a potential business relationship between Recipient and Aegerion (the “Permitted Purpose”). Recipient must keep secret and shall never, without the prior written consent of Aegerionor copy or otherwise reproduce Disclosing Party’s Confidential Information, directly or indirectly, disclose, publishdisseminate or otherwise communicate in whole or in part any of Disclosing Party’s Confidential Information to any third party. Receiving Party may disclose the Disclosing Party’s Confidential Information to those of its officers, divulgedirectors, furnish employees, contractors, (including those of its Affiliates) or make accessible Corporate Advisors who have a need to anyone all know such Confidential Information provided that such individuals have entered into agreements with the Receiving Party with obligations of confidentiality no less stringent than the obligations of Receiving Party under this Agreement. Where Confidential Information is disclosed verbally or any portion visually and the Disclosing Party requires that the Receiving Party maintain the confidential nature of the Confidential Information, the Disclosing Party shall express a verbal statement of confidentiality at the time of disclosure together with confirmation in writing within thirty (30) days of such disclosure. Receiving Party agrees that it shall safeguard Disclosing Party’s Confidential Information from disclosure to anyone other than furnishing as permitted hereby and, at a minimum, use efforts commensurate with those that Receiving Party employs for protecting the confidentiality of its own information, which it does not wish to disclose, which efforts shall in no event amount to less than a reasonable degree of care. In the event that a Receiving Party becomes legally compelled by law, regulation or order of court or administrative body to disclose any of a Disclosing Party’s Confidential Information, such Receiving Party shall be entitled to disclose such Confidential Information subject to (a) Recipient’s employees and consultants who are required to have access to the requirements of this Section 2.4. Such Receiving Party shall provide the Disclosing Party with prompt written notice of such Confidential Information in connection requirements so that the Disclosing Party may seek a protective order or other appropriate remedy and/or waive compliance with the Permitted Purpose, and (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. 2.2 Recipient shall use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation terms of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient such protective order or other remedy is required by law not obtained, or that the Disclosing Party waives compliance with the provisions hereof, the Receiving Party agrees to make any disclosure of any furnish only that portion of the Disclosing Party’s Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement which is legally required and to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking exercise best efforts to obtain such protectionassurances that the information disclosed will be treated in confidence. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 Recipient shall only use (a) Neither this Agreement nor information or documents constituting Confidential IUA Information that comes into the Confidential Information internally solely for possession of a Party by means of another Party in connection with the purpose performance of evaluating a potential business relationship between Recipient and Aegerion this Agreement may be used or communicated to Persons (other than the “Permitted Purpose”). Recipient must keep secret and shall never, Parties) without the prior written consent of Aegerionthe other Parties. (b) Notwithstanding clause 10.2(a), directly a Party shall have the right to disclose such information or indirectlydocuments without obtaining the other Parties’ prior consent in the following situations: to the extent any such information or document has entered the public domain other than through the fault or negligence of the Party making the disclosure; to accountants, discloseauditors, publishother professional consultants, divulgeadvisors or underwriters, furnish or make accessible provided that, such disclosure is solely to anyone assist the purpose for which the aforesaid were so engaged; to bona fide prospective other Users, purchasers and bona fide prospective purchasers of all or a part of a Party’s or its Affiliate’s business, and assignees and bona fide prospective assignees of all or part of a Party’s interest in this Agreement; to legal counsel, provided that, such disclosure is solely to assist the purpose for which such legal counsel was so engaged; if required by any court of law or any Applicable Law, or if requested by a Governmental Authority having or asserting jurisdiction over a Party, or pursuant to the rules of any recognised stock exchange or regulatory agency established in connection therewith; provided, however, that if a Party reasonably considers a portion of this Agreement to be commercially sensitive, then the Confidential Informationdisclosing Party shall use its reasonable endeavours to ensure that such Governmental Authority or regulatory agency agrees to furnish the other Parties with an advance copy of any proposed release and related documents; to its Affiliates, other than furnishing its shareholders and partners, or its shareholders’ and partners’ Affiliates, provided that, such Confidential Information recipient entity has a bona fide business need for such information; to (a) Recipient’s employees and consultants who are required any Government Authorities to have access the extent such disclosure assists Terminal Operator in obtaining Authorisations; to such Confidential Information an expert or to an arbitration tribunal in connection with the Permitted Purposeresolution of a Dispute under clause 15, further, provided, that such Persons in clauses 10.2(b)(ii) to (viii) agree to hold such information or documents under terms of confidentiality equivalent to clause 10.2(a) and (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. 2.2 Recipient shall use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.

Use and Disclosure of Confidential Information. 2.1 Recipient XXXX and its Representatives shall only use the Confidential Information internally solely for only with respect to evaluating JANA’s investment in SOURCECORP, including to provide feedback to a XXXX designee appointed to the purpose board of evaluating a potential business relationship between Recipient and Aegerion directors of SOURCECORP (the “Permitted PurposeBoard”)) in his capacity as a member of the Board. Recipient must keep secret and The Confidential Information shall never, not be used or exploited for any other purpose without the prior written consent of AegerionSOURCECORP. XXXX and its Representatives shall hold in strict confidence, directly and shall not use or indirectly, disclose, publish, divulge, furnish or make accessible to anyone all or disclose any portion of the Confidential Information, other than furnishing except as is required by law in the written legal opinion, provided to XXXX, of JANA’s outside counsel (it being agreed that such exception shall not permit XXXX to disclose Confidential Information to (a) Recipient’s employees and consultants who are required to have access to such Confidential Information in connection with the Permitted Purpose, and (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time that Recipient is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. 2.2 Recipient shall use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise made available to other persons or used in violation of this AgreementAgreement merely by virtue of its desire to trade in SOURCECORP securities). Without limiting any XXXX shall provide a copy of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses opinion to protect Recipient’s own most valuable proprietary information. 2.3 SOURCECORP upon request. In the event that Recipient is required by law to make any disclosure of any of the such disclosure pursuant to court order or governmental request, XXXX will provide SOURCECORP with reasonable prior written notice so that SOURCECORP may seek a protective order or other appropriate remedy, and XXXX shall exercise reasonable best efforts to assist SOURCECORP at SOURCECORP’s expense in obtaining such order or remedy. XXXX shall disclose Confidential Information of Aegerionto its Representatives only on a need to know basis for the purpose specified herein. In any event, by subpoena, judicial or administrative order or otherwise, Recipient XXXX shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of be responsible for any breach of this Agreement with respect by any of its Representatives, and agrees, at its sole expense, to use reasonable best efforts to safeguard the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to and restrain its Representatives from any prohibited or unauthorized disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by Aegerion, information is disclosed to Recipient in the manner described in Section 1.2; or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge of the same. 2.5 Recipient shall not embody any use of the Confidential Information Information. In addition, XXXX hereby acknowledges that the federal securities laws, including Regulation FD thereof, may impose restrictions on its ability to purchase, sell, trade or otherwise transfer securities of Aegerion in any of Recipient’s productsSOURCECORP until such time as the material, processes non-public information provided by SOURCECORP to XXXX becomes publicly available or services, or duplicate or exploit any of is no longer material and XXXX further agrees hereby to comply with all such restrictions. Nothing herein shall prevent a XXXX designee appointed to the Board from using Confidential Information in Recipient’s business, or otherwise use any his capacity as a member of the Confidential Information for any purpose other than for Board. Nothing herein shall restrict communications between XXXX and a XXXX designee appointed to the Permitted PurposeBoard, and no such communication shall be deemed a violation of SOURCECORP’s policies applicable to its directors.

Use and Disclosure of Confidential Information. 2.1 Recipient As used in this Agreement, the term “Confidential Information” shall only use the be deemed to include any notes, analyses, compilations, studies, interpretations, memoranda or other documents prepared by us or our Representatives which contain, reflect, or are based upon, in whole or in part, any Confidential Information internally solely furnished to us or our Representatives pursuant hereto. Notwithstanding the foregoing, the term “Confidential Information” does not include information which (i) is, was reasonably documented to have been available or becomes available to us or our Representatives from a source other than the Company or the Company’s Representatives, provided that such other source is not known by us to be in violation of any other obligation of confidentiality or nonuse to the Company with respect thereto, (ii) wasis reasonably documented to have been available or becomes available to the public from a source other than us or our Representatives in violation of this Agreement, (iii) is reasonably documented to have been known by us or our Representatives prior to the time of disclosure to us or our Representatives by or on behalf of the Company, or (iv) is reasonably documented to have been independently developed by us or our Representatives without the use of or reference to any Confidential Information. We will use such Confidential Information only for the purpose of evaluating a potential evaluating, negotiating, consummating, and/or administering the Potential Transaction with the Company and, except as otherwise expressly permitted herein, will not otherwise use it in our business relationship between Recipient or disclose it to others. We shall have the right to communicate the Confidential Information to ouronly those Representatives who need to know the Confidential Information for purpose of advising us in connection with the Potential Transaction, provided that each such person shall be directed to abide by the terms of this Agreement. We hereby agree that we will be responsible for any breach of any provision of this Agreement applicable to our Representatives by our Representatives. and Aegerion (agree, at our sole expense, to take reasonable measures to restrain our Representatives from prohibited or unauthorized disclosure or use of the “Permitted Purpose”)Confidential Information. Recipient must keep secret The Confidential Information shall not be used for any other purpose without the prior written consent of the Company. We agree that we shall hold the Confidential Information in confidence in accordance with the terms of this Agreement, and shall nevernot disclose any Confidential Information or other information concerning the Company, except as is provided in Section 7 below. We agree to direct all requests for information to Lincoln. We agree not to initiate, contact, or engage in discussions with any employee, customer, or supplier of the Company regarding the Potential Transaction without the prior written consent of the Company, the Company’s legal counsel, or Lincoln. Each Party agreesFurthermore, we agree that, without the prior written consent of Aegerionthe other Party, directly or indirectlyitCompany, disclose, publish, divulge, furnish or make accessible we and itsour Representatives will not disclose to anyone all or any portion of the Confidential Information, other than furnishing such Confidential Information to person (a) Recipient’s employees and consultants who the fact that discussions, investigations, or negotiations are required to taking place or have access to such Confidential Information in connection with the Permitted Purpose, and taken place concerning a Potential Transaction; (b) Recipient’s professional, licensed advisers (i.e., lawyers and accountants), in each case, during the time fact that Recipient is permitted to retain such Confidential Information hereunder; provided that any and all such employees, consultants are bound by written agreements or, in the case of professional advisers, ethical duties, respecting the Confidential Information in the manner set forth in this Agreement. 2.2 Recipient shall use at least reasonable care and adequate measures to protect the confidentiality of the Confidential Information of Aegerion and to ensure that any Confidential Information of Aegerion is not disclosed or otherwise has been made available to Recipientus or itsour Representatives; and (c) any terms or other persons or used in violation of this Agreement. Without limiting any of the foregoing, such measures shall be at least the equivalent of measures which Recipient uses to protect Recipient’s own most valuable proprietary information. 2.3 In the event that Recipient is required by law to make any disclosure of any of the Confidential Information of Aegerion, by subpoena, judicial or administrative order or otherwise, Recipient shall first give written notice of such requirement to Aegerion, and shall permit Aegerion to intervene in any relevant proceedings to protect its interests in the Confidential Information, and provide full cooperation and assistance to Aegerion in seeking to obtain such protection. 2.4 Recipient agrees to notify Aegerion promptly in writing if (a) Recipient becomes aware of any breach of this Agreement facts with respect to the Confidential Information of Aegerion in Recipient’s possession; (b) subsequent to disclosure of any CONFIDENTIALITY AGREEMENT Confidential Information by AegerionPotential Transaction, information is disclosed to Recipient in including the manner described in Section 1.2; status or (c) upon disclosure of Confidential Information by Aegerion, Recipient has prior knowledge existence thereof and the identity of the sameparties thereto. 2.5 Recipient shall not embody any of the Confidential Information of Aegerion in any of Recipient’s products, processes or services, or duplicate or exploit any of such Confidential Information in Recipient’s business, or otherwise use any of the Confidential Information for any purpose other than for the Permitted Purpose.