definiens: shall mean the Licensed Technology and any and all information ( i ) regarding the tenns of this Agreement or ( ii ) disclosed to or obtained by a Party pursuant to or in connection with the negotiation, execution, delivery and performance of this Agreement or the consummation of the transactions contempla ted hereby, including, but not limited to information relating to the development and Product Registration of the New Product FomlUlation . This Article 10 shall not apply to any Confidential Infonnation ( I ) to the extent that the Confidential Information is publicly available or generally known other than by breach of the provisions of this Agreement or is lawfully disclosed by a Third Party which Third Party is not in breach of an obligation of confidentiality or otherwise prohibited from disclosing such Confidential infonnation ; ( 2 ) to the extent disclosure is necessary to comply with the requirements of the United States Securities and Exchange Commission, the Frankfurt Stock Exchange Limited, the Nasdaq Stock Market or any other Governmenta l Authority, in which event the Party making such disclosure shall notify the other Party as promptly as practicable ( and, if possible, prior to making such disclosure ), shall consult with the other Party so as to minimize the extent of disclosure and shall, if practicable, seek confidential treatment of such infOlmation by the relevant Governmental Authority, including without limitation the United States Securities and Exchange Commission or the Frankfurt Stock Exchange Limited or the Nasdaq Stock Market ; ( 3 ) disclosed by a Party to a Third Party subcontractor to the extent of, and pursuant to, an effective confidentia lity agreement with such Third Party subcontractor which agreement contains confidentialit y provisions substantially similar to those contained h erein and provides that the other Parties and their Affiliates are third party beneficiaries of such agreement ; ( 4 ) disclosure of which is reasonably necessary in connection with ( and strictly limited to ) enforcement of such Party 's rights hereunder, including without limitation enforcement of FUSA 's rights pursuant to its exercise of its right to engage a Replacement Manufacturer . The provisions of this Article 10 shall survive C - I086089\ ' 4 47 the expiration or termination of this Agreement for a period of ten ( 10 ) years from the date of such expiration or termination oflhis Agreement