definiens: .As used herein, the term will mean all confidential business and technicalcommunications, documents and other information, whether in written, oral or other form, which [COMPANY] or aXenoPort Affiliate furnishes or discloses to [COMPANY] or which [COMPANY] otherwise learns in connection with thenegotiation or performance of this Agreement ( whether relating to [COMPANY], a [COMPANY] Affiliate or any Third Party forwhich [COMPANY] has an obligation of confidentiality ) . [COMPANY] Confidential Information also includes all informationrelating to Products, as indicated in Section 16.2 below, and for purposes of this Article XVI, [COMPANY] will be deemedto be the and [COMPANY] will be deemed to be the with respect to such XenoPortConfidential Information . [COMPANY] agrees that the provisions of this Agreement will apply to all [COMPANY] ConfidentialInformation disclosed by [COMPANY] or a [COMPANY] Affiliate to [COMPANY] or learned by [COMPANY] prior to the EffectiveDate . [COMPANY] represents and warrants that, prior to the Effective Date, it has not used or disclosed to any ThirdParty any [COMPANY] Confidential Information, except as would be permitted hereunder