definiens: ) . As used in this Section 10.1, the term shall have the meaningassigned to such term in the Confidentiality Agreement . Upon the Closing, the Confidentiality Agreement shall expire and be ofno further force and effect with respect to all Evaluation Material relating to the Product Business, the Purchased Assets or theAssumed Liabilities, but all such Evaluation Materials shall thereafter be governed by the provisions of Section 10.1(b);provided, however, such expiration of the Confidentiality Agreement shall in no way prejudice or adversely affect Seller ’s abilityto seek damages, or any other remedy available to Seller, with respect to a violation by Purchaser ( or its Affiliates orrepresentatives ) of the Confidentiality Agreement prior to or after the Closing . Upon and after the Closing, the ConfidentialityAgreement shall remain in full force and effect pursuant to its terms with respect to all other Evaluation Material that does notrelate to the Product Business, the Purchased Assets or the Assumed Liabilities