definiens: means any technical, business or other Information provided by or on behalf of oneParty to the other Party in connection with this Agreement, whether prior to, on or after the Execution Date, including Information relating to the terms ofthis Agreement ( subject to Section 6.5 ), information relating to the Molecule or the Product ( including Regulatory Documentation ), any exploitation of theMolecule or the Product, any Know - How with respect thereto developed by or on behalf of the Disclosing Party or its Aﬃliates ( including the ONCOTELICKnow - How and ATB Know - How, as applicable ) or the scientiﬁc, regulatory or business aﬀairs or other activities of either Party . Notwithstanding theforegoing, the terms of this Agreement shall be deemed to be the Conﬁdential Information of both Parties and both Parties shall be deemed to be thereceiving Party and the disclosing Party with respect thereto . Notwithstanding the foregoing, the conﬁdentiality and non - use obligations under this Article6 with respect to any Conﬁdential Information shall not include any information that : ( i ) is now, or hereafter becomes, through no act or failure to act onthe part of the Receiving Party, generally known or available ; ( ii ) is known by the Receiving Party and/or any of its Aﬃliates at the time of receiving suchinformation, as evidenced by its records ; ( iii ) is hereafter furnished to the Receiving Party and/or any of its Aﬃliates by a Third Party, as a matter of rightand without restriction on disclosure ; or ( iv ) is independently discovered or developed by the Receiving Party and/or any of its Aﬃliates, without the useof Conﬁdential Information of the Disclosing Party . Any combination of features or disclosures shall not be deemed to fall within such exclusions set forthin preceding Section 6.2(i ) and ( ii ) merely because individual features are published or available to the general public or in the rightful possession of theReceiving Party unless the combination itself and principle of operation are published or available to the general public or in the rightful possession of theReceiving Party