definiens: means, as it applies with respect to the obligations of BLS or Savsu, asapplicable, the terms and provisions of this Agreement and any information concerning the Contributed Assets, theAssumed Liabilities, the BLS Inventory or the Business or, to the extent disclosed in connection with this Agreementor the Ancillary Documents or the transactions contemplated hereby or thereby, the JV, the other applicable party ortheir respective Affiliates that is not generally available to the public, including Trade Secrets, customer lists, detailsof customer or consultant contracts, pricing policies, operational methods and marketing plans or strategies, and anyinformation disclosed to the JV, the other applicable party or their respective Affiliates by third parties to the extentthat they have an obligation of confidentiality in connection therewith ; provided, however, that Confidential Informationshall not include any information which, at the time of disclosure, is generally available publicly and was not disclosedin breach of this Agreement by the other party or its Representatives