definiens: .As used herein, the term will mean ( a ) all confidential business informationand ( b ) technical communications, documents or other information in each case, not constituting XenoPortConfidential Information, whether in written, oral or other form, of [COMPANY] or a [COMPANY] Affiliate that are disclosed toXenoPort by [COMPANY] or a [COMPANY] Affiliate or [COMPANY] otherwise learns in connection with the negotiation orperformance of this Agreement . But all information relating to the Products will be [COMPANY] Confidential Informationregardless of how this information is marked or designated by [COMPANY] . [COMPANY] agrees that the provisions of thisAgreement will apply to all [COMPANY] Confidential Information disclosed by [COMPANY] or any [COMPANY] Affiliate or learnedby [COMPANY] prior to the Effective Date . [COMPANY] agrees that batch records and other Product documentation whichhas been designated as [COMPANY] Confidential Information may be used and disclosed by [COMPANY] for bid or Productreview purposes if all [COMPANY] identifying marks are removed