definiens: ) . For clarity, the Twist Materials ( as defined in Section 4.2 below ) shall be Twist ’s Confidential Information and the Customer Materials shall be Customer ’s Confidential Information . Notwithstandin g anything to the contrary herein, Customer agrees that Twist may, during and after the Term, use any gener ally applicable data or information developed by Tw ist or acquired from a third party while performing the se rvices herein on an aggregated, non - Customer identi fiable basis, provided that the foregoing shall not entitl e Twist to use or disclose the Customer Materials o r Customer Confidential Information except to provide the serv ices herein and produce the relevant Deliverables . The receiving party hereby agrees to : ( a ) preserve and protect the confidentiality of the disclosing party ’s Confidential Information ; ( b ) refrain from using th e disclosing party ’s Confidential Information excep t as contemplated herein ; and ( c ) not disclose such Conf idential Information to any third party except to e mployees, agents and subcontractors as is reasonably required in connection with the performance of this Agreeme nt or the exercise of rights hereunder ( and only subject to b inding use and disclosure restrictions at least as protective as those set forth herein ) . The receiving party agrees to immediately notify the disclosing party of any unauthorized disclosure or use of any of the disclosing party ’s Confidential Information and to assist the disclosi ng party in remedying such unauthorized use or disclosure by ta king such steps as are reasonably requested . Upon t he disclosing party ’s request or within thirty ( 30 ) da ys after termination of this Agreement, the receivi ng party will return to the disclosing party or, on the disclosin g party ’s request, destroy all of the disclosing pa rty ’s Confidential Information and materials containing a ny Confidential Information of the disclosing party in the receiving party ’s possession