definiens: shall mean any and all information ( whether in written, electronic, visual, verbal or other form ) received from the other Party or its representatives, including, but not limited to, all information relating to any technology, product, method, process or intellectual property of such disclosing Party ( including, but not limited to, Patent Rights, and other owned or licensed intellectual property rights, data, Know‐How, samples, technical and non‐technical materials and specifications ), as well as any business plan, financial information, research data or results, or other confidential commercial information of or about such disclosing Party ; provided, however, that Confidential Information shall not include any information that : ( a ) is or becomes part of the public domain other than by unauthorized acts or omissions of the Party obligated not to disclose such Confidential Information or its employees, directors, officers, or agents ( collectively, the ) ; ( b ) can be shown by written documents to have been disclosed to the Receiving Party by a Third Party ; provided, however, that such Third Party had no obligation of confidentiality or non‐use to the disclosing party with respect to such Confidential Information ; ( c ) can be shown by written documents to have been in the possession of the Receiving Party prior to disclosure by the disclosing Party ; provided, however, that such Confidential Information was not obtained directly or indirectly from the other Party to this Agreement pursuant to a confidentiality agreement ; or ( d ) is required to be disclosed by the Receiving Party pursuant to interrogatories, requests for information or documents, subpoena, civil investigative demand issued by a court or governmental agency or as otherwise required by law ; provided, however, that in connection with this clause ( d ) the Receiving Party shall notify the other Party immediately upon receipt thereof and give such other Party sufficient advance 7/15/2016 https://www.sec.gov/Archives/edgar/data/1314102/000095012306000446/y16393exv4w13.txthttps://www.sec.gov/Archives/edgar/data/1314102/000095012306000446/y16393exv4w13.txt 46/66 ‐45‐ < PAGE > notice to permit it to seek a protective order or other similar order with respect to such Confidential Information ; and provided, further, that the Receiving Party furnishes only that portion of the Confidential Information that it is advised by counsel is legally required whether or not a protective order or other similar order is obtained by the other Party . Notwithstanding any other provisions of this Article, ( 1 ) Alimera Know‐How shall be Confidential Information of Alimera and CDS Technology shall be Confidential Information of CDS ; and ( 2 ) each Party shall treat the terms and conditions of this Agreement as Confidential Information of the other Party