Wellcome Leap agrees not to use any confidential information disclosed to it in a submitted proposal for any purpose other than the review of a proposal. Wellcome Leap will not use the information contained in a proposal for Leap’s direct or indirect personal or financial benefit and will not make such information available for the direct or indirect personal or financial benefit of any other organization or individual.

Wellcome Leap shall not disclose or permit disclosure of any confidential information with anyone who has not been officially designated by Leap to participate in a review and completed a confidentiality agreement. Wellcome Leap agrees that it shall take all reasonable measures to protect the secrecy of and avoid disclosure or use of confidential information in order to prevent it from falling into the public domain or the possession of unauthorized persons. Such measures shall include, but not be limited to, the same degree of care that Wellcome Leap utilizes to protect its own confidential information, which shall be no less than reasonable care. Wellcome Leap further agrees to promptly notify in writing of any actual or suspected misuse, misappropriation, or unauthorized disclosure of submitted confidential information which may come to Leap’s attention.

Notwithstanding the above, Wellcome Leap shall have no liability with regard to any information which Leap can prove:

(i) was in the public domain at the time it was disclosed or has entered the public domain through no fault of Leap;

(ii) was known to Leap, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure;

(iii) is disclosed with the prior written approval of the submitter;

(iv) becomes known to Leap, without restriction, from a source other than Leap without breach of this statement; or

(v) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that Leap shall provide prompt notice of such court order or requirement to submitter to enable submitter to seek a protective order or otherwise prevent or restrict such disclosure.

Furthermore, please recognize that Wellcome Leap may already by funding, or considering funding, the same or similar technology as covered by a submitted proposal—or have previously received from third parties—information or proposals similar to that which was submitted, that was not subject to confidentiality.

Wellcome Leap’s adherence to the above use of confidential information shall continue for a period of three (3) years from the receipt date of a submitted proposal.