definiens: as such term is defined in the License Agreement ; provided, however, that information regarding the Assays shall be considered Confidential Information under the terms of the License Agreement and, notwithstanding the exception in Section 7.3.3 of the License Agreement, [COMPANY] shall have the obligations of a Receiving Party with respect to 3 information regarding the Assays and Diversa shall be considered a Disclosing Party with respect to information regarding the Assays as such terms are defined in the License Agreement . Accordingly, each of Divers a and [COMPANY] shall be permitted to disclose the existence of the Term Sheet or this Agreement and the terms thereof or hereof, except disclosures by [COMPANY] with respect to the Assays . in such communications as such party shall determine in its sole discretion . including, without limitation ( i ) in one or more press releases and ( ii ) in one or more filings with the Securities and Exchange Commission ( or any other governmental agency, such as the Federal Trade Commission