definiens: means, subject to Article 10.2, ( a ) any data, kno w - how and other information, whether technical or non - technic al, disclosed by one Party ( hereinafter the ), or otherwise became known, to the other Party ( here inafter the ) hereunder relating to the subject matter of this Agreement, regardless of for m or manner of disclosure, i.e., whether disclosed in writing, in electric file or format or in other tangible manner, or orally, visually or in other intangible manner and ( b ) any information that was disclosed by or on behalf of a Party or any of its Affiliates to the other Party or any of its Affiliates prior to the Effective Date pursuant to the confidentiality agreement between VERASTEM and CHUGAI [ * * * ] . The existence and terms of this Agree ment shall be deemed to be the Confidential Informa tion of both Parties