definiens: means any and all confidential or proprietary infor mation and data, including Summit Know - How and all other scientific, pre- clinical, clinical, regulatory, manufacturing, marketing, financial and commercial information or data, whether communicated in writ ing or orally or by any other method, that is provided by one Party or any of its Affiliates to the other Party or any of its Affiliates in connection with this Agreement . Summi t Know- How is the Confidential Information of Summit . The terms of this Agreeme nt are the Confidential Information of both Parties . All Information disclosed prior to the Effective Date by Summit or any of its Affiliates to Eurofarma or any of its Af filiates pursuant to the Two - Way Confidentiality Agreement b y and between the Parties, dated as of October 14, 2015, as amended by Amendment No . 1, dated as of Ma y 23, 2017 ( the ) shall be considered - 2 - the Confidential Information of Summit . Notwithstan ding the foregoing, shal l exclude any information that : ( a ) is known by the receiving Party or any of its Affil iates at the time of its receipt from the disclosin g Party or any of its Affiliates, and not through a prior d isclosure by the disclosing Party or any of its Affiliates, as documented by the receivi ng Party ’s business records ; ( b ) is known to the public before its receipt from the disclosing Party or any of its Affiliates, or there after becomes generally known to the public through no br each of this Agreement by the receiving Party or any of its Affiliates ; ( c ) is subsequently disclosed to the receiving Party or any of its Affiliates by a Third Party who is not under an obligation of confidentiality to the disclosing Party or any of its Affiliates ; or ( d ) is developed by the receiving Party or any of its A ffiliates independently of Confidential Information received from the disclosing Party or any of its Af filiates, as documented by the receiving Party ’s business records