0001193125-10-128597 Sample Contracts

MUTUAL NON-DISCLOSURE AGREEMENT
Mutual Non-Disclosure Agreement • May 26th, 2010 • Sap Ag • Services-prepackaged software • New York

This Non-Disclosure Agreement (“Agreement”) is effective as of April 2, 2010 (“Effective Date”) and is entered into between Sybase, Inc., a Delaware corporation, having a place of business at One Sybase Drive, Dublin, California 94568, USA (“Company”), and SAP AG, a German company with its place of business at Dietmar Hopp Allee 16, 69190 Walldorf, Germany on behalf of itself and its wholly owned subsidiaries, (“SAP”). In consideration of the mutual covenants contained herein, SAP and Company, intending to be legally bound hereby, agree to the following:

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EXCLUSIVITY AGREEMENT
Exclusivity Agreement • May 26th, 2010 • Sap Ag • Services-prepackaged software • Delaware

EXCLUSIVITY AGREEMENT (this “Agreement”), dated as of April 30, 2010 (the “Agreement Date”), by and between SAP AG, a German corporation (including its subsidiaries, “SAP”), and Sybase, Inc., a Delaware corporation (including its subsidiaries, the “Company”).

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