definiens: shall mean ( a ) with respect to a Party ( the ), allinformation ( including without limitation, with respect to [COMPANY], all data from AP23573 Phase 1 Clinical Trials, thechemical structure of AP23573 and, with respect to each Party, all Licensed Technology, CMC Data, developmentplans and schedules, marketing and sales information, clinical and pre - clinical data, information and results, specifications, and protocols ), which are disclosed by the other Party ( the ) to the Receiving Partyhereunder or to any of its employees, consultants or Affiliates ; and which is designated as confidential information, prior to, during or immediately after such disclosure . Confidential Information does not include information which ( i ) asof the date of disclosure, is known to the Receiving Party or its Affiliates, as demonstrated by written records, otherthan by virtue of a prior confidential disclosure to such Party or its Affiliates ; ( ii ) as of the date of disclosure is in, orsubsequently enters, the public domain, through no breach of this Agreement by the Receiving Party ; ( iii ) is obtainedfrom a Third Party having a lawful right to make such disclosure free from any obligation of confidentiality to theDisclosing Party ; or ( iv ) is independently developed by or for the Receiving Party without reference to, or relianceupon, any Confidential Information of the Disclosing Party as demonstrated by written records