04 April 2000
PROFESSIONAL SERVICES and CONFIDENTIALITY AGREEMENT
DIAGNOSTIC ONCOLOGY CRO, Inc.
The parties to this Professional Services and Confidentiality Agreement are Lexon, Inc., a Delaware corporation,
and its affiliates, subsidiaries and the like ("LEXON") with headquarters located in Tulsa, Oklahoma, and
DIAGNOSTIC ONCOLOGY CRO, Inc. ("DOCRO"), a Delaware corporation, located in Seymour,
LEXON is engaged in the business of commercializing medical devices, in particular, reagents and in vitro
diagnostic assays such as the assays for the EbafTM tumor marker used as an aid in the detection of colorectal
DOCRO is engaged in providing professional services to manufacturers of in vitro diagnostic medical device
manufacturers, in particular, providing tactical and strategic clinical trial services in support of efforts to obtain
federal regulatory approval for medical devices.
LEXON desires to have DOCRO assist with the review and analysis of existing technical and clinical data related
to the EbafTM tumor marker assays in order for DOCRO to provide LEXON with written executive summary
of a plan to gain clearance/approval from the United States Food and Drug Administration to commercialize an
ebaf tumor marker immunoassay, and DOCRO is willing to do so.
In consideration of the mutual promises specified below, DOCRO offers to provide professional services to
LEXON in accordance with the terms and conditions of this Agreement, which LEXON accepts.
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"Confidential & Proprietary Information" shall include any information owned by
"DOCRO" shall mean the entity identified in the PARTIES section, including any entities affiliated with DOCRO,
(or any purchaser of substantially all of DOCRO's assets), including but not limited to DOCRO's employees,
agents, officers or principals, and, its contractors.
"FDA" shall mean the United States Food and Drug Administration, or other foreign or