definiens: of a Party means, subject to Section 8.2, ( a ) all K now- How, unpublished patent applications and other non- public information and data of a financial, commerc ial, business, operational or technical nature of such Party that is disclosed by or on behalf of such Party o r any of its Affiliates or otherwise made available to the other Party or any of its Aff iliates, in each case in connection with this Agree ment or the Confidentiality Agreement, whether made available o rally, visually, in writing or in electronic form, and ( b ) any information that was disclosed by [COMPANY] to Licen see or any Affiliate of Licensee prior to the Effec tive Date pursuant to the confidentiality agreement between V erastem and Licensee, [ * * * ] ( the ), which shal l be treated as [COMPANY] ’s Confidential Information, with [COMPANY] considered the Disclosing Party and Licensee considered the Receiv ing Party . For the avoidance of doubt, the terms an d conditions of this Agreement shall be deemed the Co nfidential Informat ion of both Parties