definiens: means that certain Non - Disclosure and Confidentiality Agreement, dated as of July 16, 2002, as amended by letter agreements on July 13,2004, October 29,2004, November 12,2004, November 15,2004, by and among the Parties and various other Affiliates and independent contractors of [COMPANY] . The Parties agree that ( as such term is used in the Existing NDA ) disclosed to [COMPANY] Affiliates under the Existing NDA prior to the Effective Date shall be deemed to have been disclosed under this Agreement and, from and after the Effective Date, shall be held in confidence by such [COMPANY] Affiliates in accordance with the terms of this Article 10 . To the extent that [COMPANY] retains Prior Consultants to perform activities under this Agreement in connection with which such Prior Consultant is provided Confidential Information of New River, then such Prior Consultant shall be made subject to the provisions of this Article 10 with respect to disclosures of as such term is used in the Existing NDA . The term means those persons added as parties to the Existing NDA pursuant to those amendments to the Existing NDA made as of November 12,2004 and November 15, 2004