Board Materials. (x) At the same time and in the same manner as it gives to the members of Borrower Representative’s Board, copies of all materials that Borrower Representative provides to its Board in connection with meetings of Borrower Representative’s Board, including any reports with respect to Borrowers’ operations or performance; provided, however, that Borrower Representative shall not be required to provide Administrative Agent with draft materials that are not provided to all members of Borrower Representative’s Board, and # promptly after such meeting, minutes of such meetings; provided, however, the foregoing shall exclude, for the avoidance of doubt, any communications between Borrower Representative and its Board that are not provided in connection with any regularly-scheduled or special meeting of the Borrower Representative’s Board and shall be subject to such further exclusions and redactions as necessary in order to # preserve the confidentiality of highly sensitive proprietary information, or # prevent impairment of the attorney client privilege with respect to pending or threatened litigation.

Other Materials. Borrowers shall furnish to Lender as soon as available, and in any event within fifteen (15) days after the preparation or issuance thereof or at such other time as set forth below:

. In connection with the execution of the Research Plan, Lilly may need to transfer certain Lilly materials to [[Merus:Organization]] that are not otherwise delivered under a supply or other separate agreement between the Parties or their Affiliates. In each such case, the Parties will mutually agree on the terms of such material transfer. Any such materials provided to [[Merus:Organization]] shall be accompanied by a materials transfer record substantially in the form of [Exhibit 4.9] (each a “Materials Transfer Record”) or as otherwise agreed through the JSC pursuant to [Section 2.5(e) or 2.5(g)])]. In the event of such transfer, unless otherwise mutually agreed by the Parties in writing, Lilly shall be responsible for obtaining all necessary approvals and/or filings as required under Applicable Laws for the exportation of any such materials to [[Merus:Organization]] and [[Merus:Organization]] shall be responsible for obtaining all necessary approvals and/or filings as required under Applicable Laws for their importation and use by [[Merus:Organization]].

Marketing Materials. All marketing materials relating to the services or products sold or provided by each Seller;

Landlord, and not Tenant, shall be responsible for all remediation costs in the event that any toxic waste, asbestos containing material, hazardous materials, petroleum or petroleum by-products is found and are required to be remediated by applicable law on, under or about the Premises, except for contamination found on, under or about the Premises caused by Tenant, its employees, agents, invitees, or contractors. Landlord, and not Tenant, shall be responsible for all remediation costs in the event that any mold is found on, under or about the Premises, except in the event such mold found on, under or about the Premises is caused by Tenant, its employees, agents, invitees, or contractors. Any such mold remediation shall be conducted in a prudent business manner, as reasonably determined by Landlord.

Hazardous Materials. Subtenant shall not use, store, transport or dispose of any Hazardous Materials (as defined in the Master Lease) in or about the Subleased Premises except as expressly permitted under the Master Lease, as incorporated herein, including Section 5.3 thereof. In the Shared Area, Subtenant shall not use, store, transport or dispose of any Hazardous Materials except for normal types and quantities of Hazardous Materials typically used in connection such space, which Subtenant may use in strict compliance with all applicable laws and regulations.

Other Materials. On each date on which the Company is required to deliver a certificate pursuant to Section 7(m), the Company shall have furnished to Cowen such appropriate further information, certificates and documents as Cowen may have reasonably requested. All such opinions, certificates, letters and other documents shall have been in compliance with the provisions hereof. The Company will furnish Cowen with such conformed copies of such opinions, certificates, letters and other documents as Cowen shall have reasonably requested.

Hazardous Materials. So long as the condition requiring removal or remediation of Hazardous Materials (as defined in [Section 6.2.8]) is not caused by Tenant or any party for which Tenant is responsible, Landlord shall, in a manner that complies with all applicable Environmental Laws (as defined in [Section 6.2.8]), remove and dispose of any Hazardous Materials, and perform all remediation of the Premises and Property necessary to cause the Property to comply in all material respects with Environmental Laws. Landlord shall indemnify and defend Tenant from any third party tort claims and any liability for fines or penalties arising from a breach by Landlord of the forgoing obligation including but without limitation any liability for costs of removing or remediating Hazardous Materials which Landlord is obligated to remove or remediate pursuant to this paragraph.

Promotional Materials. Employee authorizes and consents to, during the term of Employee' s employment with the Company, the creation and/or use of Employee's likeness as well as Employee' s name by the Company, and persons or organizations authorized by it, without reservation or limitation and without further consideration. Pursuant to this authorization and consent, the Company may, for example, use Employee's likeness on its website, and publish and distribute advertising, sales, or other promotional literature containing a liken ess of Employee in the course of performing Employee's job duties. Employee also waives any cause of action for personal injury and/or property damage by virtue of the creation and use of such a likeness. Property rights to any likeness of Employee produced or prepared by the Company, or any person or organization authorized by it, shall vest in and remain with the Company. As used herein, " likeness" shall include a photograph, photographic reproduction, audio transmission, audio recording, video transmission and/or video recording, as well as any other similar medium.

Materials Transfer. In order to facilitate the Development activities contemplated by this Agreement, either Party may provide to the other Party certain biological materials or chemical compounds Controlled by the supplying Party (collectively, “Materials”) for use by the other Party in furtherance of such Development activities. Except as otherwise provided for under this Agreement, all such Materials delivered to the other Party will remain the sole property of the Certain identified information marked with ​ has been excluded from the exhibit because it is both not material and is the type that the registrant treats as private or confidential.