definiens: means, subject to the exclusions under Section 9.2, proprietary information ( a ) disclosedby or on behalf of a Party in connection with this Agreement, whether prior to or during the Term and whetherdisclosed orally, electronically, by observation or in writing, or ( b ) generated by, or on behalf of, either Party andprovided to the other Party, or generated jointly by the Parties, in the course of performance of this Agreement . Forthe avoidance of doubt, of a Party includes information regarding such Party ’s research, development plans, clinical trial designs, preclinical and clinical data, technology, products, business information orobjectives and other information of the type that is customarily considered to be confidential information by entitiesengaged in activities that are substantially similar to the activities being engaged in by the Parties pursuant to thisAgreement . For clarity, and notwithstanding any other provision of this Agreement, [COMPANY] New Intellectual Propertyshall be deemed Confidential Information of [COMPANY], [COMPANY] New Intellectual Property shall be deemedConfidential Information of [COMPANY], Joint New Intellectual Property shall be deemed Confidential Information ofboth Parties, and [COMPANY] ’s interest in a Proposed Target shall be deemed Confidential Information of [COMPANY]