REGENTS OF THE UNIVERSITY OF CALIFORNIA, THE (2)

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ARTICLE 4 CONFIDENTIALITY It is understood that Sponsor shall disclose only information necessary to the work and, if any such information is considered confidential, it shall be clearly marked "Confidential Information" and sent by Sponsor in writing only to the Key Investigator or orally disclosed to the Key Investigator and reduced to writing by Sponsor within thirty (30) days of disclosure (hereinafter "Confidential Information"). Key Investigator and University will not knowingly distribute or release Confidential Information to any person or entity other than co-workers or laboratory personnel working under Key Investigator's direct supervision. Key Investigator will inform such individuals that they must adhere to the terms of this Contract with respect to Confidential Information. The University agrees, to the extent permitted by law, that Confidential Information shall remain the property of Sponsor and, and for a period of five (5) years from the end of the Contract, Confidential Information shall not be used or disclosed to others except in furtherance of this Contract, provided, however, that the foregoing obligation of non-use and non -disclosure shall not apply to any portion of the Confidential Information which: (i) is or shall have been known to the University before its receipt thereof; (ii) is disclosed to the University by a third party with the right to disclose such information; (iii) is or shall have become known to the public through no fault of the University; or (iv) is required to be disclosed by law or regulation. ARTICLE 5 PUBLICATIONS, COPYRIGHTS AND RIGHTS TO DATA Prior review by Sponsor's Principal Investigator shall be obtained by University for publication of any research report or other publication resulting from work performed on this Contract. Decisions about authorship on all publications resulting from work under the Prime Agreement and this Contract shall be made by Sponsor's Principal Investigator and University's Principal Investigator, prior to any such publication. Two reprints of publications resulting from work performed in whole or in part under this Contract shall be submitted to Sponsor's Principal Investigator. For the purpose of identifying patentable inventions not covered by pre-existing patents, University shall submit a copy of all proposed publications, papers, and any other written or oral disclosure of such data or information to Sponsor at least thirty (30) days prior to submission for publication or disclosure to a third party. In the event Sponsor determines that its proprietary or confidential information disclosed under the terms of Article 4, is disclosed in such data or information, it shall immediately notify University and University shall delete such information. In the event Sponsor determines patentable subject matter is disclosed in such data or information, it shall immediately notify University and, if University concurs, publication or disclosure will be withheld (a) for a period not to exceed ninety (90) days to permit preparation and filing of appropriate patent application(s), or (b) until a patent application thereon has been prepared and filed, or (c) until University and Sponsor mutually agree in writing that no patent application(s) shall be prepared or filed, whichever of (a), (b) or (c) is earlier in time. Except as otherwise provided in the conditions of the Prime Agreement, when publications or similar materials are developed from work supported in whole or in part by this Contract, the