definiens: as used in this Section 10.1 means ( i ) as toBuyer, all confidential information exclusively relating to Buyer ’s business, the Programs, and thePurchased Assets and the Assumed Liabilities, and ( ii ) as to Seller, all confidential information relating tothe business and operations of Seller, including the Excluded Assets and the Excluded Liabilities or otherobligations other than the Assumed Liabilities, but not including the Programs or Purchased Assets, ineach of ( i ) and ( ii ) whether disclosed prior to or after the date hereof . The term does not include information that ( A ) becomes generally available to the public other than as a result ofdisclosure by the disclosing Party, ( B ) becomes available to the disclosing Party on a non - confidentialbasis from a source other than the non - disclosing Party, provided that such source is not known by thedisclosing party to be bound by a confidentiality agreement with the non - disclosing Party, or ( C ) waspreviously known by the non - disclosing Party as evidenced by the non - disclosing Party ’s written records, provided that the exception provided by this subsection ( C ) shall not apply in the case of Seller ’s priorknowledge of information relating to the Programs, the Compounds, the Products or the PurchasedAssets in existence prior to the Closing