definiens: means all ( as defined in theAlliance Agreement ) that [COMPANY] was obligated to keep confidential pursuant to the terms of the Transaction Agreements, including pursuant to Article 13 of the Alliance Agreement, the terms and conditions of this Agreement, and information relatedto the exercise of the Parties ’ rights or the performance of the Parties ’ obligations hereunder . means all ( as defined in the Alliance Agreement ) that [COMPANY] was obligated to keepconfidential pursuant to the terms of the Transaction Agreements, including pursuant to Article 13 of the Alliance Agreement, the terms and conditions of this Agreement, and information related to the exercise of the Parties ’ rights or the performance ofthe Parties ’ obligations hereunder . shall mean [COMPANY] Confidential Information or AngiotechConfidential Information, as applicable . means [COMPANY] with respect to [COMPANY] Confidential Informationand means [COMPANY] with respect to [COMPANY] Confidential Information . means [COMPANY] with respect to AngiotechConfidential Information and [COMPANY] with respect to [COMPANY] Confidential Information . Notwithstanding the foregoing, theterms and shall notinclude any information of the Disclosing Party that : ( A ) was already known by the Receiving Party, other than under anobligation of confidentiality, at the time of disclosure by the Disclosing Party ; ( B ) was generally available to the public orotherwise part of the public domain at the time of its disclosure to the Receiving Party ; ( C ) became generally available to thepublic or otherwise part of the public domain after its disclosure to the Receiving Party and other than through any act oromission of the Receiving Party in breach of this Agreement ; ( D ) was subsequently lawfully disclosed to the Receiving Party bya Third Party on a non - confidential basis ; ( E ) can be shown by written records of the Receiving Party to have beenindependently developed by the Receiving Party without reference to the Confidential Information of the Disclosing Party, andwithout breach of any of the provisions of this Agreement ; or ( F ) is information that the Disclosing Party has specifically agreedin writing that the Receiving Party may disclose