definiens: of a Party means ( a ) with respect toCytomX, the identity of the Licensed Target, and ( b ) with respect to each Party, all Know - How or other information, including proprietary information and materials ( whether or notpatentable ) regarding such Party ’s technology, products, business or objectives, that iscommunicated in any way or form by or on behalf of such Party ( in such capacity, the ) to the other Party ( in such capacity, the ) or to anyof the Receiving Party ’s or its Affiliates ’ employees, consultants or subcontractors(collectively, ), either prior to or after the Effective Date of thisAgreement ( including any information disclosed pursuant to the ConfidentialityAgreement ), and whether or not such Know - How or other information is identified asconfidential at the time of disclosure . The terms and conditions of this Agreement shall bedeemed to be the Confidential Information of each Party . Confidential Information withinthe CytomX Program Technology shall be deemed to be the Confidential Information ofCytomX. Confidential Information within the [COMPANY] Program Technology shall bedeemed to be the Confidential Information of [COMPANY] . Confidential Information withinthe Joint Program Technology shall be deemed to be the Confidential Information of eachParty . Certain other information is designated as Confidential Information throughout thisAgreement and is included in this definition