0001193125-06-207871 Sample Contracts

CONFIDENTIALITY AND EXCLUSIVITY AGREEMENT
Confidentiality and Exclusivity Agreement • October 16th, 2006 • Gilead Sciences Inc • Biological products, (no disgnostic substances) • Delaware

This CONFIDENTIALITY AND EXCLUSIVITY AGREEMENT (this “Agreement”) is dated as of August 3, 2006 and is by and between Myogen, Inc., a Delaware corporation (the “Company”), and Gilead Sciences, Inc., a Delaware corporation (“Recipient”). Recipient and the Company are sometimes collectively referred to herein as the “Parties” and individually as a “Party.” Certain capitalized terms used herein have the meanings set forth in Section 9.

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GILEAD SCIENCES, INC. MUTUAL CONFIDENTIAL DISCLOSURE AGREEMENT
Mutual Confidential Disclosure Agreement • October 16th, 2006 • Gilead Sciences Inc • Biological products, (no disgnostic substances) • Delaware

This Mutual Confidential Disclosure Agreement (“Agreement”) is made effective as of May 19, 2006 (“Effective Date”) by and between Myogen, a Delaware corporation with offices at 7575 West 103rd Ave, #102, Westminster, CO 80021 (“Company”), and Gilead Sciences, Inc., a Delaware corporation with offices at 333 Lakeside Drive, Foster City, California 94404, USA (together with its affiliates and subsidiaries, “Gilead”), and shall govern the disclosure by a party (“Discloser”) to the other party (“Recipient”) of certain of Discloser’s confidential and proprietary information for the evaluation, negotiation and possible entry into a potential business relationship between the parties.

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