definiens: as used in this Section 9.01 means ( i ) as to Purchaser, all confidential information relating to Purchase r ’s business, the Product, the Program, and the Acquired Assets and the Assumed Liabilities, and ( ii ) as to Seller, all confidential information relating to the business and operations of Seller, including the Excluded Assets and the Excluded Liabilities o r other obligations other than the Assumed Liabilities, but not including the Product, the Program or Acquired Assets, in each of ( i ) and ( ii ) whether disclosed prior to or after the Closing Date . For purposes of clarification, up to and on the Closing Dat e the Acquired Assets shall be deemed the Confidential Information of Seller, and thereafter shall be deemed the Confidential Information of Purchaser and no longer the Confidential Information of Seller . The term does not includ e information that ( A ) becomes generally available to the public other than as a result of disclosure by the disclosing party, ( B ) becomes available to the disclosing party on a non -confidential basis from a source other than the non -disclosing party, prov ided that such source is not known by the disclosing party to be bound by a confidentiality agreement with the non -disclosing party, or ( C ) was previously known by the non - disclosing party as evidenced by the non -disclosing party ’s written records, provide d that the exception provided by this subsection ( C ) shall not apply in the case of Seller ’s prior knowledge of information relating to the Program, the Product, or the Acquired Assets in existence prior to the Closing