definiens: shall mean all information of a confidential or proprietary nature which isdisclosed directly or indirectly by one Party ( the ) or its Affiliates, to the otherParty ( the ) or its Affiliates at any time during the Term, without regard to theform or manner in which such information is disclosed or obtained ( including informationdisclosed orally or in documentary or electronic form or by way of model, or obtained byobservation ), and without limiting the foregoing, in addition shall include:(i)the existence and terms of this Agreement for which both Parties shall be deemed to bethe Receiving Party;8(ii)information disclosed under the confidentiality agreement between the Parties originallyexecuted 15th November 2017, amended on 7th December 2017 ( the ), which, witheffect from the Effective Date, shall be deemed to be Confidential Information of therelevant Party under this Agreement and subject to the terms of this Agreement in placeof the terms of the CDA with this Agreement superseding the CDA ; and(iii)the Know - How within the BioMedica IP for which BioMedica shall be deemed to be theDisclosing Party and the Licensee deemed to be the Receiving Party