definiens: as used in this Agreement mean s ( a ) as to Buyer, all confidential information exclusively relating to Buyer ’s business, this Agreement and the Ancillary Agreements, and their respective terms, and the Purchased Assets and the Assumed Liabilities, or other business information provided by Buyer to Seller as contemplated by this Agreement or any Ancillary Agreement and ( b ) as to Seller, all confidential information relating to the business and operations of Seller, including this Agreement and its terms, and ( except as otherwise provided in Section 11.1 ) the Excluded Assets and the Retained Liabilities or other obligations other than the Assumed Liabilities . The term does not include information that ( i ) becomes generally available to the public other than as a r esult of disclosure by the disclosing Party, ( ii ) becomes available to the disclosing Party on a non -confidential basis from a source other than the non -disclosing Party, provided that such source is not known by the disclosing Party to be bound by a confidentiality agreement with the non -disclosing Party, or ( iii ) other than information that comprises the Purchased Assets, was previously known by the non -disclosing Party as evidenced by the non -disclosing Party ’s written records