definiens: means a product, other than any product being marketed and/or sold as of theEffective Date, that ( a ) incorporates or is comprised of an Antibody - drug conjugate, ( b ) is directed against the same Target as aLicensed Product and ( c ) is marketed and sold by a Third Party for use in the Field.1.16 means ( a ) with respect to [COMPANY], all tangible embodiments of LicensedTechnology and Licensed Patent ; ( b ) with respect to sanofi - aventis, all information and Technology related to the sanofi - aventis Antibody and otherwise included in any Regulatory Filings made, and Regulatory Approvals received, by sanofi - aventis with respect to Licensed Products ; and ( c ) with respect to each Party, all information and Technology disclosed orprovided by or on behalf of such Party ( the ) to the other Party ( the ) or to any of thereceiving Party ’s employees, consultants, Affiliates or sublicensees, provided, that, none of the foregoing shall beConfidential Information if : ( i ) as of the date of disclosure, it is known to the receiving Party or its Affiliates as demonstratedby credible contemporaneous written documentation, other than by virtue of a prior confidential disclosure to such receivingParty ; ( ii ) as of the date of disclosure it is in the public domain, or it subsequently enters the public domain through no faultof the receiving Party ; ( iii ) it is obtained by the receiving Party from a Third Party having a lawful right to make suchdisclosure free from any obligation of confidentiality to the disclosing Party ; or ( iv ) it is independently developed by or forthe receiving Party without reference to or use of any Confidential Information of the disclosing Party as demonstrated bycredible contemporaneous written documentation