definiens: means and includes, the existence of and terms of this Agreement and allExhibits, Statements of Work and/or Amendments to this Agreement ( to the extent that such information isnot required to be disclosed by Athena in a filing with the U.S. Securities and Exchange Commission),information concerning a Party ’s technology or business that [COMPANY] receives from Athena or that Athenareceives from [COMPANY] in connection with this Agreement, including, without limitation, computer programs andcodes, data relating to the disclosing Party ’s customers and customer transactions and other technical, business, financial, customer and product development plans, forecasts, strategies and information about theParty or its business, including without limitation Athena Property and [COMPANY] Property, as the case may be . Inthe event Athena is required to disclose any information regarding the existence of and the terms of thisAgreement, Exhibits, Statements of Work and/or Amendments as above to the U.S. Securities and ExchangeCommission, Athena agrees to work with [COMPANY] in preparing the required information and documents forsubmission, which is mutually acceptable . will not include Protected HealthInformation or information that ( i ) is otherwise agreed by the Parties in writing not to be ConfidentialInformation, ( ii ) is in or ( through no improper action or inaction by the Party receiving it or any affiliate, agentor employee ) enters the public domain, ( iii ) is established by the receiving Party using contemporaneousbusiness records to have been rightfully in that Party ’s possession or known by it prior to receipt from thedisclosing Party, ( iv ) is established by the receiving Party using contemporaneous business records to havebeen rightfully disclosed to the13receiving Party by another person without restriction, or ( v ) is established by the receiving Party usingcontemporaneous business records to have been independently developed by the receiving Party by personswithout access to the Confidential Information and without use of any such information