definiens: of a Party, means information relating to the bus iness, operations or products of a Party or any of its Aff iliates, including any Know - How, that such Party di scloses to the other Party under this Agreement, or informatio n of a Party that otherwise becomes known to the ot her Party by virtue of this Agreement ; provided, that notwithstanding anything to the contrary, ( a ) Confidential Information constituting Mersana Know - How, Mersana Platform Know - How or Mersana Regulatory Documentation will be Confidential Information of M ersana ( and Mersana will be deemed the disclosing P arty and [COMPANY] the receiving Party with respect thereto ) and ( b ) Confidential Information constituting Merc k Know - How, Product Know - How or [COMPANY] Regulatory Documenta tion will be Confidential Information of [COMPANY] ( and [COMPANY] will be deemed the disclosing Party and Mersa na the receiving Party with respect thereto )