definiens: . As used herein, the term shall mean ( a ) all confidential business information, and ( b ) technical communications, documents or other information, ineach case not constituting [COMPANY] Confidential Information, [COMPANY] Intellectual Property or data, whether in written, oral orother form, of [COMPANY] or a [COMPANY] Affiliate that are disclosed to [COMPANY] by [COMPANY] or a [COMPANY] Affiliate or Amarinotherwise learns in connection with the negotiation or performance of this Agreement ( whether relating to [COMPANY], aChemport Affiliate or any Third Party for which [COMPANY] has an obligation of confidentiality ), including the terms of thisAgreement and any information disclosed by [COMPANY] prior to the Effective Date . The fact that a Party is required by aprovision of this Agreement to disclose certain information to the other Party shall not have any effect regarding whether suchinformation is [COMPANY] Confidential Information or [COMPANY] Confidential Information, as the case may be, and all use 33and disclosure of such Confidential Information is subject to this Article XIII . In responding to such a required disclosure, aParty may redact information relating to Third Parties from any documents deliverable to the other Party that are not relevantto the subject matter of this Agreement