definiens: means any and all information or data relating to the Compound and/or Product which a party discloses to the other party, its employees or representatives, including information that is conceived or reduced to practice during the Term by either party or by a Third Party conducting feasibility and evaluation studies for [COMPANY], whether in writing, orally or by observation, including, without limitation, all scientific, clinical, technical, commercial, financial and business information and Know - How, and other information or data that is identified as confidential at the time it is communicated . Confidential Information shall not include information or any portion thereof which : ( a ) is known to the receiving party at the time of disclosure and documented by written records made prior to the date of this Agreement ; ( b ) is subsequently disclosed to the receiving party without any obligations of confidence by an unaffiliated third person who has not obtained it directly or indirectly from the other party and who has the right to make such disclosure;[/\#/\ ] CONFIDENTIAL TREATMENT REQUESTED 2 < PAGE > [ /\#/\ ] CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN 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