definiens: means any technical, business or other information provided by or on behalf of one Party to theother Party in connection with this Agreement, whether prior to, on or after the Effective Date, including information relating to the terms ofthis Agreement ( subject to Section 6.2 and Section 6.4 ), information relating to the 27Final Execution Copy Licensed Compound or any Licensed Product ( including the Regulatory Documentation ), any Development or Commercialization of theLicensed Compound or any Licensed Product, any know - how with respect thereto developed by or on behalf of the disclosing Party or itsAffiliates ( including Licensee Know - How and [COMPANY] Know - How, as applicable ) or the scientific, regulatory or business affairs or otheractivities of either Party . Notwithstanding the foregoing, the terms of this Agreement shall be deemed to be the Confidential Information ofboth Parties and both Parties shall be deemed to be the receiving Party and the disclosing Party with respect thereto . Notwithstanding theforegoing, the confidentiality and non - use obligations under this Section 6.1 with respect to any Confidential Information shall not include anyinformation that:6.1.1 is or hereafter becomes part of the public domain by public use, publication, general knowledge or the like through nobreach of this Agreement by the receiving Party;6.1.2 can be demonstrated by documentation or other competent proof to have been in the receiving Party ’s possession prior todisclosure by the disclosing Party without any obligation of confidentiality with respect to such information;6.1.3 is subsequently received by the receiving Party from a Third Party who is not bound by any obligation of confidentialitywith respect to such information;6.1.4 has been published by a Third Party or otherwise enters the public domain through no fault of the receiving Party in breachof this Agreement ; or6.1.5 can be demonstrated by documentation or other competent evidence to have been independently developed by or for thereceiving Party without reference to the disclosing Party ’s Confidential Information . Specific aspects or details of Confidential Informationshall not be deemed to be within the public domain or in the possession of the receiving Party merely because the Confidential Information isembraced by more general information in the public domain or in the possession of the receiving Party . Further, any combination ofConfidential Information shall not be considered in the public domain or in the possession of the receiving Party merely because individualelements of such Confidential Information are in the public domain or in the possession of the receiving Party unless the combination and itsprinciples are in the public domain or in the possession of the receiving Party