Page 2 of 4 1. Subject Matter of the Agreement 1.1 The Parties shall treat as confidential all information – including, but not limited to, technical and business information as well as intentions, know-how, findings, de- signs, and documents – that is made accessible to them by the other Party in connec- tion with the “[•]” project (hereinafter “Project”) or which they receive from the other Party or from affiliated companies of the other Party as defined by section 15 of the German Stock Corporation Act (AktG) in connection with the Project during the term of this Non-Disclosure Agreement (hereinafter ”Agreement”), shall not disclose such information to third parties, shall protect it from third-party access, shall use it only for purposes of the Project and shall only disclose it to employees who are them- selves under an obligation to observe confidentiality. The information may however be disclosed to affiliated companies as defined by section 15 of the German Stock Cor- poration Act (AktG). The Parties may only disclose the information to other third parties to the extent this is agreed to in writing in a supplementary agreement between the Parties which is ei- ther applicable for an individual case or generally for a limited period of time (then “Authorized Third Parties”). The Parties shall impose upon their employees, upon the aforementioned affiliated companies and upon Authorized Third Parties to whom this information is disclosed the same obligations as the Parties have entered into, unless these employees are al- ready subject to an equivalent confidentiality obligation by virtue of their contracts of employment or these affiliated companies or Authorized Third Parties are already sub- ject to an equivalent confidentiality obligation by virtue of other contracts. The Parties are responsible for compliance with the corresponding non-disclosure-agreements. 1.2 This confidentiality obligation shall not apply for a Party in respect of information 1. that can be proven to have already been known to the Party concerned before this Agreement took effect, 2. that can be proven to have been lawfully obtained from a third party without a confidentiality obligation, 3. that is already in the public domain or that enters into the public domain without any breach of the obligations under this Agreement, G 4. that can be proven by the Party concerned to have been developed during the H V z course of its own independent work. w e ise it ig, 1.3 The Parties shall apply the same level of care in ensuring confidentiality as they apply e n to their own confidential information. g li s c h ,S 1.4 In case of disclosure of any development results that are capable of being protected tan d by intellectual property rights, the disclosing Party reserves all rights in respect of any 0 4 - 2 such intellectual property rights subsequently applied for or granted. Nothing con- 0 1 5 Initials: ________/_________