definiens: means all confidential or proprietary information ( including information relating tosuch Party ’s research programs, development, marketing and other business practices and finances ), data, documents or other materials supplied by the other Party or their respective Affiliates under this Agreement, includingsuch information that is marked or otherwise identified as provided, that notwithstanding anything to thecontrary, ( a ) Confidential Information constituting MTI Know - How or MTI Regulatory Documentation shall beConfidential Information of MTI ( and MTI shall be deemed the disclosing Party and Licensee the receiving Party withrespect thereto ), ( b ) Confidential Information constituting Licensee Know - How or Licensee Regulatory Documentation, and each Potential Co - Exploited Product Data Package, shall be Confidential Information of Licensee ( and Licenseeshall be deemed the disclosing Party and MTI the receiving Party with respect thereto ) and ( c ) the terms of thisAgreement and Confidential Information consisting of Joint Know - How shall be Confidential Information of both Parties(and both Parties shall be deemed the receiving Party with respect thereto )