definiens: means ( i ) Master Donor Strains, Master Virus Seeds, Manufacturing Working Virus Seeds, Monovalent Virus Harvest and NAP ( the ) ; ( ii ) all Technical Information ( together with the Strains, the ) ; ( iii ) all information relating to the Discloser 's ( as defined below ) business that is identified at the time of disclosure as confidential ; and ( iv ) all information arising pursuant to this Agreement, and the amended and restated contract manufacturing agreement dated 7 June 1999 between the Licensor ( as assignee of [COMPANY] Pharma Limited ( ) ) ( 1 ) and [COMPANY] ( 2 ), disclosed by one party to this Agreement ( the ) to the other or to any Agency or to any third party ( in each case by one Party at the request of the other ) ( the ) in connection with this Agreement, excluding any such information which : ( a ) is or was already known to the Recipient at the time of disclosure by the Discloser as evidenced by the written records of the Recipient ; or ( b ) was at the time of such disclosure or communication by the Discloser or thereafter becomes or became published, accessible to the public or otherwise in the public domain other than through any act or omission of the Recipient ; or ( c ) must be disclosed to government inspectors in the discharge of statutory obligations provided that before disclosure the Recipient shall use reasonable endeavours as it would in respect of its own Restricted Information and Materials to obtain from such government inspectors any assurances as regards confidentiality as may be afforded to such information in the circumstances ; or ( d ) must be disclosed by the Recipient to the relevant Competent Authority in the course of applying for, obtaining or maintaining regulatory approval provided that before disclosure the Recipient shall use reasonable endeavours as it would in respect of its own Restricted Information and Materials to obtain from such Competent Authority any assurances as regards confidentiality as may be afforded to such information in the circumstances ; or ( e ) is hereafter disclosed to the Recipient by a third party, who to the knowledge of the Recipient does not have any obligations of confidentiality to any third party or who has not, to the actual knowledge of the Recipient, derived it directly or indirectly from the Discloser provided that before disclosure the Recipient shall use reasonable endeavours as it would in respect of its own Restricted Information and Materials to obtain from such third party any assurances as regards confidentiality as may be afforded to such information in the circumstances ; or CONFIDENTIAL TREATMENT REQUESTED BY AVIRON [ ) -CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES ACT OF 1934, AS AMENDED