definiens: means, ( i ) with respect to Purchaser, any confidential or proprietary information, data, material or documents ( including all Confidential Information as defined in, and disclosed under, the Existing CDA ) to the extent it relates to the Product, the Purchased Assets and/or the Assumed Liabilities ( and, for the avoidance of doubt, Purchaser shall be deemed to be the Disclosing Party thereof)and, ( ii ) with respect to Seller, any confidential or proprietary information, data, material or documents to the extent it relates to the Excluded Assetsand / or the Excluded Liabilities ( and, for the avoidance of doubt, Seller shall be deemed to be the Disclosing Party thereof ) or, ( iii ) with respect to eitherParty, any confidential or proprietary information, data, material or documents that relates to the Transaction Documents and/or the Transactions and / orotherwise disclosed under the Transaction Documents ( and, for the avoidance of doubt, each Party shall be Page 25 of 30deemed to be a Disclosing Party thereof ), in the case of each of clauses ( i ) through ( iii ), irrespective of the form of communication, and all notes, analyses, compilations, forecasts, data, translations, studies, memoranda or other documents prepared by the Receiving Party or its Representatives thatcontain or otherwise reflect such information, data, material or documents