definiens: means any Information provided orally, visually, in writing or other form by or on behalf of one Party to the other Party in con nection with this Agreement, whether prior to, on, or after the Effective Date, including information relating to the terms of this Agreement, the Product ( inc luding the Regulatory Documentation and Regulatory Data ), any use of the Product, any know- how with respect thereto developed by or on behalf of the disclosing Party or its Affiliates, or the scientific, regula tory or business affairs or other activities of either Part y. Notwithstanding the foregoing, ( a ) jointly owned Know -How shall be deemed to be the Confidential Informat ion of both Parties, and both Parties shall be deem ed to be the receiving Party and the disclosing Party with respect thereto ; and ( b ) after IMPATIENTS proceeds with the EAP, all Regulatory Documentation develope d by IMPATIENTS shall be deemed to be the Confidential Information of HEMISPHERX, and HEMISPH ERX shall be deemed to be the disclosing Party and IMPATIENTS shall be deemed to be the rece iving Party with respect thereto