definiens: shall mean, as it relates to any party hereto ( or its Affiliates ) who provides information ( the ) to the other party hereto ( the ), all information ( whether written or oral, or in electronic or other form ) furnished before or after the date hereof by or on behalf of the Disclosing Party, including information that relates to the Contributed Assets or any part thereof, the License Agreements, the DM Portfolio Products and the DM Portfolio Intellectual Property Rights, including : ( a ) any reports, data, mat erials or other documents of any kind relating in any way, directly or indirectly, to this Disclosing Party or its Affiliates, the Contributed Assets or any part thereof or the circumstances giving rise to the Royalty Payments or any part thereof, and incl uding reports, data, materials or other documents of any kind delivered pursuant to or under any of the License Agreements ; and ( b ) any inventions, devices, improvements, formulations, discoveries, compositions, ingredients, patents, patent applications, k now - how, processes, trial results, research, developments or any other intellectual property, trade secrets or information involving or relating in any way, directly or indirectly, to the DM Portfolio Intellectual Property Rights or any infringement thereo f. Notwithstanding the foregoing definition, shall not include information that is ( i ) independently developed or discovered by a Receiving Party without use of any Confidential Information as demonstrated by the Receiving Party, ( ii ) already in the Confidential Information indicated by [ * * * ] has been omitted from this filing and filed separately with the Securities Exchange Commission