definiens: means any technical, business or other information provided by or on behalf of one Party to the other Party inconnection with this Agreement, whether prior to, on or after the Effective Date, including the terms of this Agreement, information relating tothe Collaboration Compound or any Collaboration Product, any Development or Commercialization of the Collaboration Compound or anyCollaboration Product, any know - how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates or, in the case ofSanofi, its or their Sublicensees ( including [COMPANY] Know - How and DiCE Know - How, as applicable ) or the scientific, regulatory or businessaffairs or other activities of either Party . Notwithstanding the foregoing, Joint Know - How and the terms of this Agreement shall be deemed tobe the Confidential Information of both Parties ( and both Parties shall be deemed to be the receiving Party and the disclosing Party withrespect thereto ) . Notwithstanding the foregoing, the confidentiality and non - use obligations under this Section 9.1 with respect to anyConfidential Information shall not include any information that:9.1.1 is or hereafter becomes part of the public domain by public use, publication, general knowledge or the like through nobreach of this Agreement by the receiving Party;9.1.2 can be demonstrated by documentation or other competent proof to have been in the receiving Party ’s possession prior todisclosure by the disclosing Party without any obligation of confidentiality with respect to such information ; provided that the foregoingexception shall not apply with respect to Confidential Information constituting Joint Know - How or otherwise described in Section 9.1;9.1.3 is subsequently received by the receiving Party from a Third Party who is not bound by any obligation of confidentialitywith respect to such information;9.1.4 has been published by a Third Party or otherwise enters the public domain through no fault of the receiving Party inbreach of this Agreement ; or9.1.5 can be demonstrated by documentation or other competent evidence to have been independently developed by or for thereceiving Party without reference to the disclosing Party ’s Confidential Information