definiens: shall have the meaning assigned to such term in the ConfidentialityAgreement . Upon the Closing Date, the Confidentiality Agreement shall expire and be of no further force and effect withrespect to all Confidential Information relating to the S. aureus Program, the Purchased Assets or the Assumed Liabilities;provided, however, such expiration of the Confidentiality Agreement shall in no way prejudice or adversely affectSeller ’s or Buyer ’s ability to seek damages, or any other remedy available to Seller or Buyer, as appropriate, with respectto a violation by such other Party ( or its Affiliates or Representatives ) of the Confidentiality Agreement prior to or afterthe Closing Date . Upon and after the Closing Date, the Confidentiality Agreement shall remain in full force and effectpursuant to its terms with respect to all other Confidential Information that does not relate to the S. aureus Program, thePurchased Assets or the Assumed Liabilities