definiens: of a Party means all Know - How or other information, including, without limitation, proprietary information and materials ( whether or not patentable ) regarding such Party 's technology, products, business information or objectives, that is communicated in any way or form by such Party to the other Party pursuant to this Agreement, and that is identitied as confidential at the time of disclosure ; provided that, information not identified as confidential by the disclosing Party shall be deemed to be Confidential Information of the disclosing Party if the receiving Party knows, or should have had a reasonable expectation, that such information communicated by the disclosing Party is confidential or proprietary information of the disclosing Party . Notwithstanding the foregoing, [ all Know - How and [ * l information developed by either Party in the perfornlance of Co - Deve lopment and Co-[*l Commercialization activities under this Agreement shall be deemed Confidential Information of [ * l both Parties ) . All confidential information disclosed by either Party pursuant to that certain [ * l Mutual Non - Disclosure Agreement between the Parties dated December 22, 2008 ( the ) that is related to the subject matter of this Agreement shall be deemed to be such Party 's Confidential Information hereunder . The terms and conditions of this Agreement shall be considered Confidential Information of both Parties