definiens: a s used in this Section 12.01 means ( i ) as to Buyer, all confidential information relating to Buyer ’s busine ss, the Business, and the Purchased Assets and the Assumed Liabilities, and ( ii ) as to Seller, all confidentia l information relating to the business and operatio ns of the Seller, including the Excluded Assets and the Excluded Liab ilities or other obligations -20- other than the Assumed Liabilities, but not includi ng the Business or Purchased Assets, in each of ( i ) and ( ii ) whether disclosed prior to or after the date h ereof . The term does not include information which ( A ) becomes generally available t o the public other than as a result of disclosure b y the disclosing Party, ( B ) becomes available to the disc losing Party on a non - confidential basis from a sou rce other than the non - disclosing Party provided that such source is not bound by a confidentiality agreement with the non - disclosing Party, or ( C ) was previously known b y the non - disclosing Party as evidenced by the non - disclosing Party ’s written records