definiens: shall mean all technology, data, materials, products, technical information, commercialization, clinical and research strategies, know - how and trade secrets falling under the AegeraTechnologies, the Aegera or the [COMPANY] technologies specified in Section 6.4 of the License Agreement, the McGillContract and the Collaboration Rights disclosed by one party ( the ) to the other up to the Termination Date ; provided that shall not include ( i)information that is or becomes part of the public domain through no fault of the non - Disclosing Party or itsAffiliates ; ( ii ) information that is obtained after the date hereof by the non - Disclosing Party or one of its Affiliatesfrom any Third Party which is lawfully in possession of such Confidential Information and not in violation of anycontractual or legal obligation to the Disclosing Party with respect to such Confidential Information ; ( iii)information that is known to the non - Disclosing Party or one or more of its Affiliates prior to disclosure by theDisclosing Party, as evidenced by the non - Disclosing Party ’s written records ; and ( iv ) information that is required tobe disclosed to any governmental authorities or pursuant to any regulatory filings, but only to the limited extent ofsuch legally required disclosure and only upon providing the right to the non - Disclosing Party to contest suchdisclosure in the appropriate legal forum