definiens: shall mean all information disclosed by one party to theother during the negotiation of or under this Agreement in any manner, whether orally, visually or in tangible form, that relates to riluzole pro - drugs, the PATENT RIGHTS or theAgreement itself, unless such information is subject to an exception described in Article 8.2;provided, however, that CONFIDENTIAL INFORMATION that is disclosed in tangible formshall be marked at the time of disclosure or shall be of the type that areasonable person would deem to be confidential and CONFIDENTIAL INFORMATION thatis disclosed orally or visually shall be identified as confidential at the time of disclosure andsubsequently reduced to writing, marked confidential and delivered to the other party withinthirty ( 30 ) days of such disclosure . CONFIDENTIAL INFORMATION shall include, withoutlimitation, materials, know - how and data, technical or non - technical, trade secrets, inventions, methods and processes, whether or not patentable . Notwithstanding any otherprovisions of this Article 4, CONFIDENTIAL INFORMATION of Biohaven that is subject toArticle 8 of this Agreement is limited to information that Biohaven supplies CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT . THE COPY FILEDHEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST . OMISSIONS AREDESIGNATED [ * * * ] . A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THESECURITIES AND EXCHANGE COMMISSION