definiens: of a Party means, subject to Section 8.2, ( a ) all Know - How, unpublished patent applications and other non - publi c information and data of a financial, commercial, business, operational or technical nature of such Party that is disclosed by or on behalf of such Party or any o f its Affiliates or otherwise made available to the other Party or a ny of its Affiliates, in each case in connection wi th this Agreement or the Confidentiality Agreement, whether made available orally, visually, in writing or in electronic form, and ( b ) any information that was disclosed by [COMPANY] to Licensee or any Affiliate of Licensee prior to the Effective Date pursuant to the confidentiality agre ement between [COMPANY] and Licensee, [ * * * ] ( the “ Existing 3 THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT O F A CONFIDENTIAL TREATMENT REQUEST WITH THE U.S. SECURITIES AND EXCH ANGE COMMISSION ( )