definiens: with respectto a disclosing Party means all information, in any form or media, concerning the disclosing Party ( including patientand donor records ) that the disclosing Party furnishes to the recipient, whether furnished before or after the EffectiveDate, and includes all notes, analyses, compilations, studies and other materials, whether prepared by the recipient orothers, that contain or reflect such information ; provided, however, that 16Confidential Treatment RequestedConfidential Information does not include information that ( i ) is or hereafter becomes generally available to the publicother than as a result of a disclosure by the recipient, ( ii ) except as noted below with respect to informationexchanged by the Parties under the Prior Agreement, was already known to the recipient prior to receipt from thedisclosing Party as evidenced by prior written documents in its possession not subject to an existing confidentialityobligation to the disclosing Party, ( iii ) is disclosed to the recipient on a non - confidential basis by a Person who is notin default of any confidentiality obligation to the disclosing Party or ( iv ) is developed by or on behalf of the recipientwithout reliance on confidential information received under this Agreement . The contents of this Agreement shall bedeemed to be Confidential Information of each Party . The Parties further agree that information previously exchangedbetween the Parties which qualified as confidential information under the terms of the Prior Agreement shall bedeemed Confidential Information exchanged pursuant to this Agreement and shall be afforded the same protectionscontained herein to the extent not covered by any surviving provisions of the Prior Agreement