definiens: means the following, subject to the exceptions set forth in Section 8.1 : ( i ) the terms and conditions of this Agreement, for which each Party will be considered a Disclosing Party and a Recipient ; ( ii ) Know - How within [COMPANY] IP for which [COMPANY] w ill be considered the Disclosing Party and Rhythm shall be the Recipient ; ( iii ) Know - How within Rhythm IP for which Rhythm wi ll be considered the Disclosing Party and [COMPANY] shall be the Recipient ; and ( iv ) any other non - public information, whether or n ot patentable, disclosed or provided by one Party to the other Party in connection with this Agreemen t, including, without limitation, information regarding such Party ’s strategy, business plans, ob jectives, research, technology, products, IP strate gy, business affairs or finances including information of the type that is customarily considered to be confidential information by parties engaged in acti vities that are substantially similar to the activi ties being engaged in by the Parties under this Agreemen t, for which the Party making such disclosure will be considered the Disclosing Party and the receiver will be the Recipient