definiens: means that, upon the conclusion of the action before the court or other governmental autho rity in which the Patent Challenge was brought, LICENSEE failed to obtain a judgment that all of th e patent claims within the Patent Challenge were invalid or unenforceable . In the event that such a Patent Challenge is successful, LICENSEE will have no right to recoup any payments made during the Pat ent Challenge ARTICLE 9 - CONFIDENTIALITY Each Party agrees that Confidential Information of the other Party disclosed to it or to its employees under this Agreement shall for five ( 5 ) years after disclosure : ( a ) be used only in connection with the le gitimate purposes of this Agreement ; ( b ) be disclosed only to those who have a need to know it in connection with the Agreement, which in the case of Confidential Information recei ved by MSK includes sharing such Confidential Information with MIT under an obligation of confide ntiality between MIT and MSK ; and ( c ) be safeguarded with the same care norm ally afforded confidential information in the possession, custody or control of the party holding the Confidential Information but no less than reasonable