definiens: shall mean the terms of this Agreement, the 2016 Su pply Agreem ent and the Tripartite Agreement and all confidenti al information concerning LMAT, the ProCol Business and the Purchased Assets, inclu ding customer lists, trade secrets and any other Intellectual Property, data, information, doc uments, inventions, developm ents, or forms owned or used by HJL and included in the Purchased Assets transferred to LMAT pursuant to this Agreement, whether or not any of the forego ing is published or unpublished, protected or susceptible to protection under patent, trademar k, copyri ght or similar laws and whether or not any party has elected to secure or attempted to secure such protection ; provided however, that HJL may disclose Proprietary Information solel y to the extent and in the circumstances reasonably required to be disclosed by a court of competent jurisdiction or required by law to be disclosed to a Governmental Body ; provided, howe ver, that HJL provides to LMAT reasonable advance opportunity, where practicable, to seek in camera or other protection with respect to such disc losure ; provided, further, that HJL may disclose th e existence of this Agreement, the 2016 Supply Agreement or the Tripart ite Agreement if required pursuant to the Securities Act of 1933, as amended, or the Secu rities Exchange Act of 1934, as amended, in w hich case the Parties shall seek confidential treat ment in such agreements as permitted by the Securities and Exchange Commission . Proprietary Information shall not include any information that has become public knowledge other than by breach of this Agreement by HJL . HJL shall not disclose the Licensed Intellectu al Property to any third party unless such third party has entered into a customary confidenti ality and non - disclosure agreement in writing with HJL, which HJL shall provide to LMAT u pon reasonable request