definiens: means : ( a)in relation to St Vincent ’s, the Licensed Know How, all St Vincent ’s Research Tools, all St Vincent’sImprovements, all documents, records and reports relating to the Licensed IP, St Vincent ’s ResearchTools or Licensed Products provided by St Vincent ’s to AVEO under this Agreement and all otherinformation disclosed by St Vincent ’s to AVEO under or in connection with this Agreement, and theexistence and terms of this Agreement, but does not include information which AVEO can establish bywritten records : ( i)was publicly available when it was given to AVEO ; ( ii)becomes, after being given to AVEO, publicly available, except through disclosure contrary to thisAgreement ; ( iii)was in the lawful knowledge and possession of AVEO before it was disclosed to AVEO ; ( iv)was lawfully received by AVEO from another Person having the unrestricted legal right to disclosethat information without requiring the maintenance of confidentiality ; or ( v)was independently developed by AVEO without use of or reference to any Confidential Informationof St Vincent ’s ; and 2 ( b)in relation to AVEO, all AVEO Improvements, all documents, records and reports relating to LicensedProducts provided by AVEO to St Vincent ’s under this Agreement and all other information disclosed byAVEO to St Vincent ’s under or in connection with this Agreement, and the existence and terms of thisAgreement, but does not include information referred to in paragraph ( a ) ( other than the existence andterms of this Agreement ), or any information which St Vincent ’s can establish by written records : ( i)was publicly available when it was given to St Vincent ’s ; ( ii)becomes, after being given to St Vincent ’s, publicly available, except through disclosure contraryto this Agreement ; ( iii)was in the lawful knowledge and possession of St Vincent ’s before it was disclosed to StVincent ’s ; ( iv)was lawfully received by St Vincent ’s from another Person having the unrestricted legal right todisclose that Information without requiring the maintenance of confidentiality ; or ( v)was independently developed by St Vincent ’s without use of or reference to any ConfidentialInformation of AVEO