definiens: ) . As used in this Section 10.1, the 46term shall have the meaning assigned to such term in the Confidentiality Agreement . Upon the Closing, the Confidentiality Agreement shall expire and be of no further force and effect with respect to all Evaluation Materialrelating to the Product Business, the Purchased Assets or the Assumed Liabilities, but all such Evaluation Materials shallthereafter be governed by the provisions of Section 10.1(b ) ; provided, however, such expiration of the ConfidentialityAgreement shall in no way prejudice or adversely affect Seller ’s ability to seek damages, or any other remedy available toSeller, with respect to a violation by Purchaser, Parent or Opco ( or their respective Affiliates or representatives ) of theConfidentiality Agreement prior to or after the Closing . Upon and after the Closing, the Confidentiality Agreement shallremain in full force and effect pursuant to its terms with respect to all other Evaluation Material that does not relate to theProduct Business, the Purchased Assets or the Assumed Liabilities