definiens: of a party shall mean : ( 1 ) all information contained in documents marked and disclosed by such party to the o ther party pursuant to this AGREEMENT ; ( 2 ) orally disclosed information which is disclosed by such pa rty to the other party pursuant to this AGREEMENT, summarized in writing, identified as and delivered to recipient party ; and ( 3 ) any confidential information disclosed by such party to the other party pursuant to the One - Way Confidenti al Disclosure Agreement dated March 6, 2008 between th e parties ( the ) or the Option Agreement dated July 30, 2009 between the parties, as amended ( the ) 11.2 Subject to full compliance with Section 11.3, LICENSEE may disclose UTMDACC ’s Confidential Information in confidence to its employees, consultants, AFFILIATES and poten tial or actual sublicensees, investors or other commercial partner s, and in connection with the procurement of MAR KETING APPROVAL for LICENSED PRODUCTS