Restrictions. Receiving Party will, and will cause its Affiliates and their respective officers, directors, employees and agents to, keep all Disclosing Party’s Confidential Information (including any Confidential Information that constitutes a trade secret) in confidence with the same degree of care with which Receiving Party holds its own confidential information (though no less than reasonable care). Except as expressly provided herein or in the License Agreement, Receiving Party will not use or disclose, and will cause its Affiliates and their respective officers, directors, employees and agents not to use or disclose, during the Term and for a period of ​ years thereafter, Disclosing Party’s Confidential Information, except as provided in Section 6.4.

Restrictions. The Parties agree that the terms of this Agreement will be treated as Confidential Information of both Parties and may be disclosed only as permitted by Sections 6.4, 6.5(b) and 6.5(c).

Executive agrees that the foregoing restrictions are in consideration of the payments received by Executive in accordance with this Agreement and that the restrictions are reasonable and necessary for the purpose of protecting Patterson’s legitimate business interests. Executive agrees that the scope of the business of the Company is independent of the location (such that it is not practical to limit the restrictions contained herein to a specific state, city or part thereof) and therefore acknowledges and agrees that the geographic scope of this restriction throughout the United States, Canada and the United Kingdom is reasonable and necessary.

Demolition Scope of Work. Subject to reaching mutual agreement on the cost for such work. [[Organization A:Organization]] shall pay for the following demolition work within the Phase 2 Expansion Space to be completed by [[Organization B:Organization]]’s contractor in accordance with drawings and specifications prepared by [[Organization B:Organization]]’s design professional: # removal of interior walls, including framing, doors, electrical outlets and switches, wiring, low voltage/data cabling, and plumbing or other utilities located in such interior walls to the extent not being reused by the [[Organization B:Organization]] (electrical, low voltage wiring/data cabling and plumbing serving the base building MEP systems and restrooms shall be left in place); # removal of carpeting, tile and other installed floor coverings to include mastics and/or other adhesives/setting beds; # removal of the acoustical and gypsum ceilings and soffits, including light fixtures and HVAC ductwork diffusers and grilles to the extent not being reused by the [[Organization B:Organization]]; # the existing restrooms shall be left in place and unmodified; # the existing wall framing and drywall at the exterior walls and restrooms shall be left in place and unmodified; # the existing HVAC roof top units shall be left in place and unmodified; # the existing fire protection sprinkler system shall be left in place and unmodified: # removal of all interior millwork and cabinetry; # the existing fire alarm system shall be left in place and unmodified; and # the interior doors, frames and finish hardware shall be salvaged for reuse by the [[Organization B:Organization]] (collectively, the “[[Organization A:Organization]] Demolition Work’’).

Scope of the Agreement. This Agreement concerns litigation activities with respect to U.S. Patent No. ​ (the “`730 patent”) and any patent rights related to the `730 patent, including any divisional, continuation, continuation-in-part, reissue patent, reexamination certificate, or foreign counterpart of any such patent rights that is issued or may be issued as a result of any patent application, reissue application or re-examination (the “Patent Rights”). AVRS, BJC and Schmeiser are executing this Agreement for the purpose of engaging Schmeiser to assist BJC in jointly representing AVRS in connection with forthcoming litigation in the U.S. District Court, District of Arizona.

The licenses granted under Section 10.1 and Section 10.2 may be sublicensed by a Party to its Affiliate without any requirement of consent, provided that such sublicense to an Affiliate will immediately terminate if and when such party ceases to be an Affiliate of such Party.

Kx and ​ previously entered into the Kdb Software OEM Enterprise License Agreement effective January 1, 2002 (“Original Agreement”), which sets forth the terms on which ​ may use the Kdb Software and Kx programming languages to develop and distribute applications that integrate Kx’s Kdb Software. Thereafter, Kx and ​ entered into the following four amendments to the Original Agreement (jointly, “Amendments Nos. 1-4”):

This option may not be sold, assigned, transferred, pledged or otherwise encumbered by the Participant, either voluntarily or by operation of law, except by will or the laws of descent and distribution, and, during the lifetime of the Participant, this option shall be exercisable only by the Participant.

Restrictions; Vesting. The Restricted Stock shall be subject to the restrictions and other terms and conditions set forth in the Plan, which are hereby incorporated herein by reference, and in this Agreement. Subject to the terms and conditions of the Plan and this Agreement, Participant’s rights in and to the shares of Restricted Stock shall vest on April 10, 2020.

Transfer Restrictions. The Performance RSUs are non-transferable and may not be assigned, pledged or hypothecated and shall not be subject to execution, attachment or similar process. Upon any attempt to effect any such disposition, or upon the levy of any such process, the Performance RSUs that have not been settled shall immediately be forfeited.