definiens: means : ( a)in relation to St Vincent ’s, the Licensed Know How, all St Vincent ’s ResearchTools, all St Vincent ’s Improvements, all documents, records and reports relatingto the Licensed IP, St Vincent ’s Research Tools or Licensed Products provided bySt Vincent ’s to AVEO under this Agreement and all other information disclosed bySt Vincent ’s to AVEO under or in connection with this Agreement, and theexistence and terms of this Agreement, but does not include information whichAVEO can establish by written records : ( i)was publicly available when it was given to AVEO ; ( ii)becomes, after being given to AVEO, publicly available, except throughdisclosure contrary to this Agreement ; ( iii)was in the lawful knowledge and possession of AVEO before it wasdisclosed to AVEO ; ( iv)was lawfully received by AVEO from another Person having theunrestricted legal right to disclose that information without requiring themaintenance of confidentiality ; or ( v)was independently developed by AVEO without use of or reference to anyConfidential Information of St Vincent ’s ; and ( b)in relation to AVEO, all AVEO Improvements, all documents, records and reportsrelating to Licensed Products provided by AVEO to St Vincent ’s under thisAgreement and all other information disclosed by AVEO to St Vincent ’s under orin connection with this Agreement, and the existence and terms of this Agreement, but does not include information referred to in paragraph ( a ) ( other than theexistence and terms of this Agreement ), or any information which St Vincent ’s canestablish by written records : ( i)was publicly available when it was given to St Vincent ’s ; ( ii)becomes, after being given to St Vincent ’s, publicly available, exceptthrough disclosure contrary to this Agreement ; ( iii)was in the lawful knowledge and possession of St Vincent ’s before it wasdisclosed to St Vincent ’s ; ( iv)was lawfully received by St Vincent ’s from another Person having theunrestricted legal right to disclose that Information without requiring themaintenance of confidentiality ; or ( v)was independently developed by St Vincent ’s without use of or reference toany Confidential Information of AVEO