will communicate with Collaborator about the nature of the issue. More specific handling requirements may be set forth in the Project Order. Materials provided by the Collaborator (and any derivatives, modifications or progeny of such materials) shall only be used for the performance of the relevant Project Order and must not be provided to any third party. Materials provided by Collaborator (and any derivatives, modifications or progeny of such materials) and information associated with such materials will constitute Confidential Information of Collaborator.
(d) No Debarred Personnel. Adaptive represents that, to its knowledge, no person who will perform activities under this Agreement has been suspended, debarred or subject to temporary denial of approval, nor is under consideration to be suspended, debarred or subject to temporary denial of approval, by the U.S. Food and Drug Administration from working in or providing services, directly or indirectly, to any applicant for approval of a drug product or any pharmaceutical or biotechnology company under the Generic Drug Enforcement Act of 1992, as amended.
(e) Limited Warranty. Collaborator understands that the Projects are experimental and Adaptive cannot guarantee any outcome. Collaborators sole warranty with respect to the services performed under this Agreement is that Adaptive will perform such services in accordance with generally prevailing industry standards and all laws, rules and regulations applicable to Adaptive.
(a) Definitions. For purposes of this Agreement, the term Confidential Information means any scientific, technical, trade or business information possessed by a Party which is treated by such Party as confidential or proprietary, including information pertaining to cells, antibodies, organisms, chemical compounds, products, formulations, technologies, techniques, methodologies, algorithms, computer programs, computer security systems and processes, assay systems, procedures, tests, data, documentation, reports, sources of supply, know-how, patent positioning, relationships with employees and consultants, business plans, business developments, research, development, process development, manufacturing, commercialization, and marketing, and any other confidential information about or belonging to a Partys affiliates, suppliers, licensors, licensees, partners, collaborators, customers or others, and is provided by one Party or its affiliated companies (the Discloser) to the other Party (the Recipient) under this Agreement. Without limiting the generality of the foregoing, the Collaborator Materials and the Collaborator Developments (as defined in Section 5) constitute Confidential Information of Collaborator, and the pricing offered to Collaborator and the other general terms of this Agreement constitute Confidential Information of Adaptive. For the purpose of clarity, the identity of any of Collaborators programs or drug development candidates will be considered Collaborators Confidential Information.
(b) Confidentiality Obligation. Each Party agrees that, except in connection with the performance of its obligations under this Agreement or the exercise of its rights or licenses under this Agreement, it will not otherwise use in any way for its own account or the account of any third party, nor disclose to any third party, any Confidential Information revealed to it by the other Party; provided, however, that Confidential Information may be disclosed pursuant to a regulation, law, court order or rule of any applicable securities exchange, but only to the minimum extent required to comply with such regulation, order, or rule and with advance written notice to the Discloser; and provided further that a Recipient may disclose Confidential Information to its subsidiaries, affiliates, professional advisors, consultants, agents to the extent such entities or individuals require access to the Confidential Information for the performance of obligations under this Agreement or the exercise of rights or licenses