definiens: means confidential or proprietary information, data orknow - how, whether provided in written, oral, visual or other form, provided by one Party ( the ) to theother Party ( the ) in connection with this Agreement, including, but not limited to, the terms of thisAgreement and information relating to the Disclosing Party ’s existing or proposed research, development efforts, patent applications, business or products, including, but not limited to BI Know - How, [COMPANY] Know - How and Joint Know - how, as applicable . Confidential Information shall not include any such information that : ( i ) is already known to theReceiving Party or its Affiliates ( other than under an obligation of confidentiality ) at the time of disclosure ( asevidenced by written records of the 37 CONFIDENTIAL TREATMENT REQUESTEDBACE RESEARCH COLLABORATION AND LICENSE AGREEMENT Receiving Party ) ; ( ii ) is or becomes generally available to the public other than through any act or omission of theReceiving Party or its Affiliates ; ( iii ) is disclosed to the Receiving Party or its Affiliates by a Third Party who had noseparate nondisclosure obligation in respect of such information ; or ( iv ) is independently discovered or developed byor on behalf of the Receiving Party or its Affiliates without the use of the Confidential Information of the DisclosingParty ( as evidenced by written records of the Receiving Party ) . The terms of this Agreement shall be deemedConfidential Information of each Party . The Parties agree that with respect to the [COMPANY] Intellectual Property Vitaeshall be deemed the Disclosing Party, and with respect to BI Intellectual Property BI shall be deemed the DisclosingParty . With respect to Joint Intellectual Property, both Parties are deemed the Receiving Party