Each Recipient shall not use or duplicate any Confidential Information (except as necessary to conduct the Explorations), and shall keep confidential and not disclose any Confidential Information to anyone (including, without limitation, any affiliate or other related party), unless the Discloser has, in its sole discretion, previously and expressly consented to such use, duplication or disclosure in writing.

Each Recipient may disclose such Confidential information to those employees of the Recipient whose knowledge is necessary to conduct the Explorations, provided that all such employees are advised of their obligations to protect Discloser’s interests, which obligations shall be identical to the Recipient’s under this Agreement. Without limiting any of the foregoing, each Party agrees to protect the other Party’s Confidential Information with at least the same degree of care as it exercises to protect its own highly confidential information of like character, but in no event less than reasonable care. Each Party agrees that the Confidential Information shall not be made available (including the fact that discussions are taking place) to any other person or group (including customers or suppliers of either Party hereto) for any other purpose whatsoever without the prior written consent of the Discloser. Each Recipient shall be responsible for any breach of the confidentiality provisions of this Agreement by any person to whom Confidential Information may be disclosed by the Recipient.

Further each Party agrees to use the Confidential Information only for consideration of an agreement between the Parties for the purposes of the Explorations to which this Agreement is directed, and specifically agrees not to use the Confidential Information to gain a competitive advantage in the marketplace.