definiens: ) or any of its Affiliates . As used herein, shall have the following meaning : ( a ) with respect to Harpoon, the Retained Assets an d any information or materials provided by Harpoon to Maverick pursuant to Section 2.10(c ) ( to the extent not related to the Maverick Field and subject to t he proviso below ), Section 2.10(d ) ( to the extent not related to the Maverick Field ), Section 2.10(e ) ( to the ext ent not related to the Maverick Field ) or Section 7.1 below ( and he nce Maverick shall be considered the Receiving Part y, and Harpoon shall be considered the Disclosing Party, w ith respect thereto, regardless of whether there is any disclosure thereof from Harpoon to Maverick ) ; provi ded that Harpoon shall be considered the Receiving Party, and Maverick shall be considered the Disclosing Par ty with respect to that portion of the Mixed Books and Records related to the Maverick Field, and ( b ) with respect to Maverick, the Transferred Assets ( inclu ding any Transferred Assets disclosed prior to the Effective Time to, or continued to be held after the Effecti ve Time by, a Third Party pursuant to a Retained Contract ) and an y information or materials provided by Maverick to Harpoon pursuant to Section 2.10(d ) ( to the extent related to the Maverick Field ), Section 2.10(e ) ( to the ext ent related to the Maverick Field ) or Section 7.1 below ( and hence Harpoon shall be considered the Receiving Party, a nd Maverick will be considered the Disclosing Party wi th respect thereto, regardless of whether there is any disclosure thereof from Maverick to Harpoon ) . The o bligations of the Receiving Party under this Sectio n 5.1 not to disclose or use Proprietary Information of the o ther Party shall not apply, however, to information within the Proprietary Information to the extent that the Rece iving Party establishes that any such information : -24- [ ] = Certain confidential information contained i n this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended