definiens: means ( a ) with re . '>pcct to a Pmiy and its Affiliated Companies ( collectively, the ), all information, Technology and confidential or pl"Oprietary materials which arc disclo . '>ed by the othcr Party and its Affiliated Companies ( collectively, the ) to the Receiving Party hereunder or under the Clinical Supply Agreement or that has previously becn disclosed under the Mutual Confidential Disclosure Agreement betwccn the Parties dated July 6, 2005, as flmended, or to any of its employees, consultflnts, Affiliated Companies or sublicensees and allY information that is considered Confidential Infonnation for purposes or the Clinical Supply Agreement, ( b ) the Product Data, which shall be Confidcntial Infonnation of8MS to the extent resulting from work, trials or studies conducted by or on behalf of 8MS and which shall be Confidential Information of Cadence to the extent resulting from work, trials or studies conducted by or on behalf of Cadence, ( c ) cOlTespondence with DlUg Regulatory Authorities, which shall be Confidential Infonnation of the Party that conducted such conespondence, and ( d ) all reporL~ ( including any development, commercialization and/or financial rep011s ), plans ( including the Development Plan and the Annual Operating Plan ) and other documents and budgets provided by Cadence andlor its Affiliated Companies to [COMPANY] pursuant to this Agreement, all of which shall be considered Confidential 1nfonnation of Cadence except, in each of ( a ), ( b),(c ) or ( d ), to the extent that any such information ( i ) as of the date of disclosure is lmown to the Receiving Party or its Affiliated Compames, as demonstrated by credible written documentation existing and in the possession of the Receiving Party prior to the date of disclosure, other than by virtue of a prior confidential disclosure to such Receiving Pm1y ; ( ii ) as of the date of disclosure is in, or 5 NSD165187,6 subsequently enters, the public domain, through no fault or omission of the Receiving Party ; ( iii ) is obtained without restriction from a Third Party having a lawful right to make such disclosure frcc from any obligation of confidentiality to the Disclosing Party ; or ( iv ) is independently developed by or [ or the Receiving Pat1y without reference to or reliance upon < lny Confidential Infonnatiol1 of the Disclosing Party as demonstrated by credjh]e written docwnentation . The amowlt of the payments made to [COMPANY] under this Agreement shall be Contidential Information of both [COMPANY] and Cadence . A Party 's Affiliated Company that has disclosed Confidential Information to a Receiving Party shnll continue to be considered a Disclosing Party even after it ceases to be an Afl1liatcd Company of such Party . A Prnty 's Affiliated Company thQ.t has received Confidential Information from a Disclosing Pmiy shall continue to he considered a Receiving Party even after it ceases to be an Affiliated Company of such Pmiy