definiens: means any and all information or data relating to eitherCompound A or Compound B and/or Product which, in the course of carrying out a provision of this Agreement, a partydiscloses to the other party, its employees or representatives, whether in writing, orally or by observation, including, withoutlimitation, all scientific, clinical, technical, commercial, financial and business information and Know - How, and otherinformation or data considered confidential in nature . Subject to SECTION 7.1 hereof, [COMPANY] shall hold in confidence andshall not directly or indirectly disclose or provide to any third party Confidential Information pertaining to Compound A, Compound B or [COMPANY] Technology without ALS ’s prior written consent . Confidential Information shall not includeinformation or any portion thereof which : ( a ) is known to the receiving party at the time of disclosure hereunder and documented bywritten records made prior to the date of such disclosure ; ( b ) is subsequently disclosed to the receiving party by an unaffiliated third person who has theright to make such disclosure ; ( c ) becomes patented, published or otherwise part of the public domain other than throughthe acts of the receiving party ; orthe acts of the receiving party ; or ( d ) is independently developed by or for the receiving party by person(s ) having noknowledge of such information as evidenced by its written records