definiens: : means an accounting statement setting out in det ail how the amount of Revenue was determined, ( b ) or : means two or more corporations where the relatio nship between them is one in which one of them is a subsi diary of the other, or both are subsidiaries of the same corporation, or fifty percent ( 50 % ) or more of the voting shares of each of them is owned by the same person, corporation or other legal entity, ( c ) : means any part of the Information which is furni shed by either party to the other and designated at that time as confidential, whether orally or in writing but excluding any part of the Information : ( i ) possessed by the Recipient prior to receipt from th e Discloser, as evidenced by the Recipient ’s business records ; ( ii ) published or available to the general public otherwise than through a breach of this Agreement ; ( iii ) obtained by the Recipient from a third party with a valid right to disclose it, provided that said thi rd party is not known by the Recipient to be under a c onfidentiality obligation to the Discloser ; or ( iv ) independently developed by employees, agents or con sultants of the Recipient who had no knowledge of or access to the Confidential Informat ion as evidenced by the Recipient ’s business records, ( d ) or : means this Agreement will be deemed to have come into force on the Date of Commencement which s hall be the 1st day of January, [ * * ], and shall be read and construed accordingly, ( e ) : means a party to this Agreement providing its Co nfidential Information to the other party as Recipient, ( f ) : means the date on which this Agreement is termin ated pursuant to Article 18, ( g ) : means, collectively, the [COMPANY] Improvements and the UBC Impr ovements, ( h ) : means any and all Technology and any and all Imp rovements and any and all oral, written, electronic or other communications and oth er information disclosed or provided by one party t o the other including any and all analyses or conclus ions drawn or derived therefrom regarding this Agreement and information developed or disclosed he reunder, or either party ’s raw materials, processes, formulations, analytical proc edures, methodologies, products, samples and specim ens or functions, 3 ( i ) : means, collectively, the patents and patent appl ications listed in Schedules and, including any patents or patent applications that m ay be added to Schedules and from time to time, and any counterparts, Continuations - In - Part, renewals, divisionals, reissues, corresponding international patent applications, continuations an d any patents resulting therefrom, and which have n ot yet expired or bee n abandoned ; ( j ) : means goods manufactured using the Technology or Improvements, including Visudyne ; ( k ) : means any and all patentable improvements, varia tions, updates, modifications, enhancements and alterations related to the Technol ogy which are conceived, invented, developed and/or acquired by the Licensee ( but not jointly by the Li censee and the University ) at any time which claim priority from any of the patents or patent applicat ions which comprise the Technology and can not be us ed or practised without a licence of Technology ; ( l ) : means any new discovery or invention, whether pa tentable or not, which : ( i ) is conceived, invented, developed and/or acquired b y the Licensee ( but not jointly by the Licensee and the University ), at any time, and ( ii ) is not a [COMPANY] Improvement, a UBC Improvement or UBC New Technology ; ( m ) : means a party to this Agreement receiving Confid ential Information of the other party as Discloser ; ( n ) means March 31, [ * * ] ; ( o ) : means, without duplication, all revenues, receip ts, monies, and the fair market value of all other consideration received, whether by way of cas h or credit or any [ * * ] or any other licensee or party claiming a right by or through such party, from the marketing, manufacturing, sale, licensing, or distribution of the Technology, Improvements, Visud yne and/or other Products in any or all parts of th e world where the Licensee is permitted by law and th is Agreement to market, sell or distribute Technology, Improvements, Visudyne and/or other Pro ducts, less the following deductions to the extent included in the amounts invoiced and thereafter act ually allowed and taken : [ * * ]