definiens: means any Information or data provided orally, visually, in writing or other form by or on behalf of one(1 ) Party ( or an Affiliate or representative of such Party ) to the other Party ( or to an Affiliate or representative of such Party ) in connectionwith this Agreement, whether prior to, on, or after the Execution Date, including Information relating to the terms of this Agreement, theLicensed Antibody or any Licensed Product ( including the Regulatory Documentation and Regulatory Data ), any Exploitation of the LicensedAntibody or any Licensed Product, any know - how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates(including [COMPANY] Background Know - How, [COMPANY] Program Know - How, Licensor Background Know - How and Licensor Program Know - How, as applicable ), or the scientific, regulatory or business affairs or other activities of either Party . Notwithstanding the foregoing, ( a ) JointProgram Know - How shall be deemed to be the Confidential Information of both Parties, and both Parties shall be deemed to be the receivingParty and the disclosing Party with respect thereto, and ( b ) all Regulatory Documentation owned by [COMPANY] pursuant to Section 3.8.2(a ) shallbe deemed to be the Confidential Information of [COMPANY], and [COMPANY] shall be deemed to be the disclosing Party and Licensor shall bedeemed to be the receiving Party with respect thereto