definiens: shall mean, as it relates to any party hereto ( or its Affiliates ) who providesinformation ( the ) to the other party hereto ( the ), all information(whether written or oral, or in electronic or other form ) furnished before or after the date hereof by or onbehalf of the Disclosing Party, including information that relates to the Contributed Assets or any partthereof, the License Agreements, the DM Portfolio Products and the DM Portfolio Intellectual PropertyRights, including : ( a ) any reports, data, materials or other documents of any kind relating in any way, directly or indirectly, to this Disclosing Party or its Affiliates, the Contributed Assets or any part thereof orthe circumstances giving rise to the Royalty Payments or any part thereof, and including reports, data, materials or other documents of any kind delivered pursuant to or under any of the License Agreements;and ( b ) any inventions, devices, improvements, formulations, discoveries, compositions, ingredients, patents, patent applications, know - how, processes, trial results, research, developments or any other intellectualproperty, trade secrets or information involving or relating in any way, directly or indirectly, to the DMPortfolio Intellectual Property Rights or any infringement thereof . Notwithstanding the foregoing definition, shall not include information that is ( i ) independently developed or discoveredby a Receiving Party without use of any Confidential Information as demonstrated by the Receiving Party,(ii ) already in the public domain at the time the information is disclosed by a Disclosing Party or has becomepart of the public domain after such disclosure through no breach by a Receiving Party of this3Royalty Purchase and Sale Agreement, ( iii ) obtained by a Receiving Party from other sources not known tohave an obligation of confidentiality to Disclosing Party, ( iv ) required to be disclosed in any document to befiled with any Governmental Authority or ( v ) required to be disclosed by court or administrative order, orunder securities laws, rules and regulations applicable to any party hereto or pursuant to the rules andregulations of any stock exchange or stock market on which the securities of any party hereto ( or itsAffiliates ) may be listed for trading