definiens: shall mean, with respect to a Party, all information ( and all tangible and intangibleembodiments thereof ), which is owned or controlled by such Party, and is disclosed by such Party to the other Party pursuantto this Agreement . Notwithstanding the foregoing, Confidential Information of a Party shall not include information which, and only to the extent, the receiving Party can establish by written documentation ( a ) has been generally known prior todisclosure of such information by the disclosing Party to the receiving Party ; ( b ) has become generally known, without thefault of the receiving Party, subsequent to disclosure of such information by the disclosing Party to the receiving Party ; -3- [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities andExchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.(c ) has been received by the receiving Party at any time from a source, other than the disclosing Party, rightfully havingpossession of and the right to disclose such information free of confidentiality obligations ; ( d ) has been otherwise known bythe receiving Party free of confidentiality obligations prior to disclosure of such information by the disclosing Party to thereceiving Party ; or ( e ) is independently developed without reference to or use of the Confidential Information of thedisclosing Party . For clarity, except as otherwise expressly provided in this Agreement, Sunesis Collaboration Technology andJoint Sunesis - Biogen Collaboration Technology shall be deemed Confidential Information of both [COMPANY] and Sunesis