definiens: means any technical, business or other informatio n or data provided by or on behalf of one Party to the other Party regardles s of form including a formula, pattern, compilation, program, method, technique, process, inventory, che mical, physical material, chemical structure or activity, design, prototype, drawings, samples, sou rce code, business plan, business opportunity, customer or personnel list, or financial statement proprietary to a Party or its Affiliate, including information relating to the terms of this Agreement ( subject to Section 10.4 ), information relating to the Compound(s ) or any Product(s ) ( including the Regula tory Documentation ), any Development or Commercialization of the Compounds or any Product(s ), any know - how with respect thereto developed by or on behalf of the disclosing Party or its Affi liates or the scientific, regulatory or business af fairs or other activities of either Party . Notwithstanding t he foregoing, the terms of this Agreement shall be deemed to be the Confidential Information of both P arties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respe ct thereto . Notwithstanding the foregoing, the confidentiality and non - use obligations under this Section 10.1 with respect to any Confidential Information shall not include any information or po rtion thereof that : 10.1.1 is or hereafter becomes part of the public domain b y public use, publ ication, general knowledge or the like through no breach of this Agreement by the receivin g Party ; 10.1.2 can be demonstrated by documentation or other compe tent proof to have been known by or in the receiving Party ’s possession prior to disclosure by the disclosing Party without any obligation of confidentiality with respect to such information ; 10.1.3 is subsequently received by the receiving Party fro m a Third Party who is not bound by any obligation of confidentiality with respect to such information an d who otherwise has the right to make such disclosu re ; 10.1.4 has been or is published by a Third Party or otherw ise enters the public domain through no fault of th e receiving Party in breach of this Agreement ; or [ * * * ] Certain information in this document has been omitted and filed separately with the Securities a nd Exchange Commission . Confidential Treatment has bee n requested with respect to the omitted portions