definiens: shall, subject toSection 9.4 ., mean any and all Existing Clinical Data and Existing CMC Data, and theStudy Results, including but not limited to the Study Plan, Study Protocol, StudyEfficacy Data and Study Safety Data, whether oral or in writing or in any other form, disclosed before, on or after the Effective Date by one Party to the other Party, including the terms of this Agreement . For the avoidance of doubt, the ExistingClinical Data and Existing CMC Data shall be deemed to constitute ConfidentialInformation proprietary to Palatin . At all times during the term of this Agreement andfor * * * following termination or expiration hereof, each Party ( the ) shall, and shall cause its officers, directors, employees, agents and Affiliates to, keepconfidential and not publish or otherwise disclose and not use, directly or indirectly, forany purpose, any Confidential Information provided to it by the other Party ( the ), except to the extent such disclosure or use is expressly permittedby the terms of this Agreement, including pursuant to Article 8 or is reasonablynecessary for the performance of this Agreement or the due exercise of any rightsgranted to the Receiving Party under this Agreement . For the purpose of this Section9.1 . the terms of this Agreement, Study Plan, Study Protocol and Study Results shallbe deemed Confidential Information provided to a Party by the other Party . Page 19 of 329.2 Permitted Disclosures . Each Party may disclose Confidential Information to the extentthat such disclosure is:9.2.1 permitted pursuant to Article 8 ; or9.2.2 made in response to a valid order of a court of competent jurisdiction orother competent authority ; provided, however, that the Receiving Party shallfirst have given notice to the Disclosing Party and given the Disclosing Party areasonable opportunity to quash any such order or obtain a protective orderrequiring that the Confidential Information and documents that are the subjectof such order be held in confidence by such court or authority or, if disclosed, be used only for the purpose for which the order was issued ; and providedfurther that if such order is not quashed or a protective order is not obtained, theConfidential Information disclosed in response to such court or governmentalorder shall be limited to that information that is legally required to be disclosedin response to such court or governmental order ; or9.2.3 otherwise required by law, provided, however, that the Receiving Party shall(a ) provide the Disclosing Party with reasonable advance notice of and anopportunity to comment on any such required disclosure, ( b ) if requested by theDisclosing Party, seek confidential treatment with respect to any such disclosureto the extent available, and ( c ) use good faith efforts to incorporate thecomments of the Disclosing Party in any such disclosure or request forconfidential treatment