definiens: shall mean, ( i ) the terms of this Agreement including all Schedules and ( ii ) withrespect to any Party ( ), any information relating to the Disclosing Party or the DisclosingParty ’s business ( including but not limited to Know - How, technical information, research, personnel, marketing, strategic or other information ) or the Research Programme or other information which is disclosedin writing, visually, orally or in electronic medium to the other Party ( ), whether prior to orafter the Effective Date, in the course of the Parties ’ evaluation, negotiation of or performance under thisAgreement, but shall not include information which : ( a)the Receiving Party or an Affiliate owned or controlled prior to receipt from the Disclosing Party, or ( b)is or becomes public through no fault of the Receiving Party or any Affiliate thereof, or ( c)is hereafter developed by the Receiving Party or an Affiliate independent of any disclosure from theDisclosing Party as evidenced by competent written evidence, or ( d)the Receiving Party or an Affiliate obtains from a Third Party not under a confidentiality obligation tothe Disclosing Party ; * Portions of this document marked with * * * * have been omitted pursuant to a request for confidential treatment submittedwith the SEC