ARTICLE 1

CONFIDENTIALITY

Each PARTY shall treat any commercial and technical information received from the other Party (or its
AFFILIATES), in any form whatsoever, as confidential, shall and safeguard such information to the same
extent as it would protect its own confidential information. Such confidential information shall only be
used for the mutual benefit of both PARTIES in carrying out the PROJECT. To the extent disclosure to
Third PARTIES is required; the affected PARTYs consent shall be obtained. Third PARTY recipients
shall sign a confidentiality agreement as a condition of receiving such information. Intellectual property of
all kinds including but not limited to copyrights, patents, specifications, data in any form, drawings,
manuals, procedures etc. originating with one PARTY and/or its AFFILIATES shall continue to be the
exclusive property of that PARTY and its AFFILIATES and shall be returned to the originating PARTY on
demand.