definiens: means any and all information, knowledge, Know - How, practices, processes, products, materials, equipment or other technical or business information of either Party that has been disclosed to the other Party under th is Agreement or the JDLA and that has been identified in writing as Confidential Information a t the time of disclosure, or if disclosed orally or visually is confirmed in writing to be Confidential Information within thirty ( 30 ) days after such disclosure . For the sake of clarity, Confidential I nformation shall include the existence, terms and conditions of this Agreement, in accordance with Ar ticle 9 below . Notwithstanding the above, Confidential Information will not include, and noth ing herein will in any way restrict the rights of either Party to use, disclose or otherwise deal wit h, any information which : Portions of this Exhibit, indicated by the mark were omitted and have been filed separately w ith the Securities and Exchange Commission pursuant to the Registrant ’s application requesting confidential tr eatment pursuant to Rule 406 of the Securities Act of 1933, as amended